This is a digital copy of a book that was preserved for generations on library shelves before it was carefully scanned by Google as part of a project
to make the world's books discoverable online.
It has survived long enough for the copyright to expire and the book to enter the public domain. A public domain book is one that was never subject
to copyright or whose legal copyright term has expired. Whether a book is in the public domain may vary country to country. Public domain books
are our gateways to the past, representing a wealth of history, culture and knowledge that's often difficult to discover.
Marks, notations and other marginalia present in the original volume will appear in this file - a reminder of this book's long journey from the
publisher to a library and finally to you.
Usage guidelines
Google is proud to partner with libraries to digitize public domain materials and make them widely accessible. Public domain books belong to the
public and we are merely their custodians. Nevertheless, this work is expensive, so in order to keep providing this resource, we have taken steps to
prevent abuse by commercial parties, including placing technical restrictions on automated querying.
We also ask that you:
+ Make non-commercial use of the files We designed Google Book Search for use by individuals, and we request that you use these files for
personal, non-commercial purposes.
+ Refrain from automated querying Do not send automated queries of any sort to Google's system: If you are conducting research on machine
translation, optical character recognition or other areas where access to a large amount of text is helpful, please contact us. We encourage the
use of public domain materials for these purposes and may be able to help.
+ Maintain attribution The Google "watermark" you see on each file is essential for informing people about this project and helping them find
additional materials through Google Book Search. Please do not remove it.
+ Keep it legal Whatever your use, remember that you are responsible for ensuring that what you are doing is legal. Do not assume that just
because we believe a book is in the public domain for users in the United States, that the work is also in the public domain for users in other
countries. Whether a book is still in copyright varies from country to country, and we can't offer guidance on whether any specific use of
any specific book is allowed. Please do not assume that a book's appearance in Google Book Search means it can be used in any manner
anywhere in the world. Copyright infringement liability can be quite severe.
About Google Book Search
Google's mission is to organize the world's information and to make it universally accessible and useful. Google Book Search helps readers
discover the world's books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web
at|http : //books . google . com/
From the Jarboe LUfrary
'I
t
'l-^
■w
I
Lately published.
The Twelfth Volume of
THE PARLIAMENTARY HISTORY OP ENGLAND,
From the Earliest Period down to the Year 1803.
[VoL XIH. wiU be published in December.^
Aho,
THE PARLIAMENTARY DEBATES,
From the Year 1803 to the present Time.
The Tw|£NT*-piiisT, TwENT^'SEcoND, ttiid TwENTY*TnmD VolumeB of
Work, comprising the Debates in both Houeefi of Parliament during the Sesa
1812, are ready for deUwry,
%♦ Subscribers who may not hiTFe completed their Sets affe requested to m
Immediate application for the Volumes wanted, as the Proprietors will not engagi
supply aoy Odd Volumes ai^er the first of January 1813*
[Complete Sets m&y atlU be had*]
State Trials.
VOL. XVI.
NOTE TO THE READER
FRAGILE
THE PAPER IN THIS VOLUME IS BRITTI E
PLEASE HANDLE WITH CARE
COMPLETE ::GQfc LECTION
... •o]^ • •:*• ..•; ;:••••
Stite Trials
AKD
PROCEEDINGS FOR HIGH TREASON AND OTHER
CRIMES AND MISDEMEANORS
nOM TOE
EARLIEST PERIOD TO THE PRESENT TIME,
WITH IfOTES AJ^D OTHER ILLUSTRATIOJfS
COMPILED BY
T. B. HOWELL. Esq. F.R.S. P.&A.
VOL. XVI.
A.D. 1722—1725.
LONDON:
PRINTED BY T. C HANSARD, PETERBOROUGH-COURT, FLEET-STREBTs
ijDNOMAN, HURST, REES, ORME, it BROWN ; J. RICHARDSON ; BLACK,
PARRY, & CO. ; J. HATCHARD ; £. LLOYD ; E. BUDD ; J. FAULDER;
B. JEFFERY ; J. BOOKER ; CRADOCK Ik JOY ; R. H. SVANS ; J. BOOTHi
KKD T. C. HANSARD.
1813.
1 tiH:\74
TABLE OF CONTENTS
TO
VOLUME XVI.
REIGN OP KING GEORGE THE FIRST.
Page
461. The Trial of HUGH REASON and RpBERT TRANTER,
at the King's-Bench, for the Murder of Edward LuttereD, esq*
▲.p. nas < -...M i 1
4SS. The Trial of JOHN WOODBUENE and ARUNDEL COKE, esq.
at Sufiblk ABsizes, for Felony, in wilfully ditting the Nose of
EDWARD CRISPE, gent. a.d. 1722 54
463. The Trial of CHRISTOPHER LAYER, esq. at the King*«.Bench,
for High Treason, a. d. 1722 9$"^'
464. Proceedings in Parliament agunst JOHN PLUNKETT, GEORGE
KELLY, alias JOHNSON, and Dr. FRANCIS ATTERBURY,
Bishop of Rochester, upon Bills of Pains and Penalties for a Trea-
sonable Conspiracy, a.d. 1723 324
465. The Trial of EDWARD ARNOLD, for Felony (in maliciously and
wilfully shooting at, and wounding, the Right Hon. the Lord '
I Onslow )y at the Assizes held at Kingston upon Thames, in
Surrey, March 20, a.d. 1724 693
I The Trial of THOMAS Eari of MACCLESFIELD, Lord High
Chancellor of Great Britain, befdlie the House of Lords, for High
Crimes and Misdemeanors in the Execution of his Office, a. d.
1786 76T
ERRATA in this Volume.
Pagee4i6f UlBnf Ndefjor, 'nz. to the maintenanoe of the Dogma, read, to th»
iii^iitetiaiiGey for inBtance, of the Dogma.
Page M9| L ^ofNote^Jbrf Pope's sneer, readf the sneer of Atterbury's friend Pope.
A COMPLETE COLLECTION
OF
STATE TRIALS,
461. The Trial of Hugh Reason and Robebt Trai^tek, at the
KingVBench, for the Murder of Edw^ard Luttcrell, esq. HiL
& Gkokge I. A. D. 1722*
February^, 1732.
kBoen Rci^. — DoMiNut Rex ver. Huoonem
ReaBOM et ItoBERTUM I'eamter.
. TV I odictineot win as follows :
* T HE Jury present, that Huffh Reason and
BoWrt Trmoter, not ha?iii^ the &ar of God be-
fcvr tlicir eyes, but beio(r moired and seduced
Ik the instigation of tb« devil, the 17tb day of
' This Case is rejiorted in 1 iSirauge 499, as
laws:
DoMiKus Rex v. Reason and Tranter.
*< The defendants bein^ indicted by the grand
JHT ttiat attends the Court of B. R. tor the
Mnler ot Mr. Luttereil, Mere brouj^ht up to
tyt bar and arraigned, and pleade<I Not Guilty ;
BB«i M\y*fk their request were remanded to New-
fate, instead of being turned over to the inar-
siial.
" Upon the Trial (which was at bar) we who
were counsel for the king offered to give in
fvidence several declarations made by the de-
emed on his dt-ath-bed, whereby he charged
ike defendants with barbarously murdermg
kn, aud without much hesitation the Court
kl OS ixito thai evidence. Whereupon we call-
id a clergyman who attended him, and he
»are that l>eing desired by some friends of the
l^odants to press Mr. Lutterell to declare
*te provocation he had given the defendants
to Me hint in that manner ; he declared upon
Aanivation, that as he was a dying man he
J^ them DO provocatilb, but they barbarously
^ 'ercd him : that in the afternoon of the
di^v, two justices of the peace being pre-
M hmving given him bis oath, he made
r aod more particular declaration to that
•. wbich the witness at the desire of the
-mIl down in writing, hut Mr. Luttcrell
■■^ io write, it was not signed by
"%« w« did not deliver it in.
m
Ootebcr last, about the boor of t«D of the clock
in the forenoon of the said day, by force and
arms, at the parish of St. Clement O^mea, in
the county of Middlesex, in and ujaon one £d«
ward )«ntterell, esq. in the peace or God and of
our sovereign lord the king, then and there
being, fek>nioos1y, Toluntarily, and of their
malice aferetbougbt, did iqako an amalt ; and
that the said Hugh Reason, with a nktol of tko
▼ailue of 6i. then and tfaefO charged wfth gun-
And the same witness proved, that upon hia
administering the sacrament to him lie ex-
horted him in (he most proper manner to deal
ingenuously, and declare once more, whether
there was no provocation given by him, and
whether he would stand by the account be had
before given ; upon which the deceased an-
swered, that as he hoped to be judged at the
last day, it was every syllable true, and soon
afler expired.
" When this gentleman had finished his evi-
dence, the Court called upon ns to produce
the paper that had beon written from the mouth
of the deceased, saying that was better evi-
dence than the memory of the witness ; where-
upon we acquainted the Court, that we had not
the original, it being in the custody of one of
the justices, whom going to subpoena we found
he was in Wales ; hut the clergyman said he
had a copy of it, which he took for his own sa-
tisfaction, before he delivered in the original to
the coroner, and he offered to swear this to be
a true copy.
"Whereupon a debate arose, whether this
copy was evidence or not : we who were for
the king insisting, that the first paper being
only the writing of the witness, not signed by
the examinant, this which he now produced,
was as much an original as that. But the
Court refused to let it be read, unless we could
shew the original was lost, whereas it appeared
we might have had ii to produce, if we had
sent after it io time.
B
8]
8 GEORGE I. Trial of Hugh Reaton and Robert TratU&f [4
there by the force of the laid powder, the laid
' K>n the right part of
Luttcrel I, under tb«
igrht |Ki|> of tiie said Edward Liitterell, then
tnd there feloniously, ?ohintarUy, and of his
powder and leaden bullets ; which said pistol
the said Hiigfh Reason in his rig^ht hand,. then
and there had and held into and aflrainst the
aforesaid Edward Liitterell, then and there felo-
niously und of his malice aforethought did shoot
oflT and discharge : And that the said Hu(;h
Reason with leaden bullets aforesaid issuing
and shot off out of the pistol aforesaid, then and
** It was then objected by the chief jnstice,
that since the written evidence was not pro-
duced, the whole CTidence of the deceased's
declarations ought to be rejected, for the first,
second and third being all to the same effect,
are but one fact of which the best evidence was
not produced ; and therefore he was of opinion,
that we could not be let in to give any account
of the first and third conference.
** But the other judges were of opinion we
might, saying they were three distinct facts,
and there was no reason to exclude the evi- .
dence as to the first and third declaration,
merely because we were disabled to give an
account of the second.
**ThereuiHm the witness was directed to
repeat his evidence, laying the examination be-
fore the justices out of the case, which he did
accordingly.
** And upon the whole evidence the fact
(upon which the question of law arose) was
this:
*< The defendants were officers of the she-
riff of Middlesex, and bad a warrant to arrest
Mr. Lutterell lor 10/. thev arrested him com-
ing out of his lodgings, whereupon be desired
them to go back with him to his lodgings, and
he would pay the money. They complied
with this, and Reason went up with him into the
dining-room, having sent Tranter to the attor-
ney's for a bill of the charges. Whilst Reason
and the deceased continued together, some
words passed between them in rdution to civi-
lity-money, which Mr. Lutterell refused to
give, and thereupon went up another pair
of stairs to order his lady to tell out the money,
and then returned to ICeason with two pistols
in his breast, which upon the importunity of
the maid he laid down upon the table, and re-
tired to the fire which was at the other end of
the room, declaring he did not design to hurt
the defendants, but he would not be ill used.
*< By this time Tranter returned from the
attorney's with the bill, and being let in bv the
boy went directly up stairs to his partner, being
followed by the boy, who swore, that as he was
upon the stairs (Tranter being that minute p^ne
into tlie dining-room) he heard a blow given,
but oiiuld not tell by whom, and Ihereunon
hastening into the room he found Tn^uter-nad
run the deceased up against the ckset door,
and Reason with his sword stQhbing him. Mr.
Lutterell soon sunk down upon the ground, and
begged for m^rcy ; but Reason standing over
hiuj continued to stab him, till he had wounded
him in nine places.
'* By this time the maid camcfo, and seeing
ker mantcr in that pof tart, she and the boy cuu
8
Edwartl Lutterell in and upon the right psrt of
the body of the said Edward Li
right
and
malice aforethought struck : and that the said
Hugh Reason then and there feloniously, vo-
luntarily, and of his malice aforesaid, gave to
out for help, and immediately heard one of tb«
pistols go off, and presently af\cr the second,
which a woman looking out at uindow on the
other side the way proved to be fired by Rea«
sou ; and several people upon the alarm of the
maid coming into the room found Mr. LuttercH
upon the ground where the maid left him,
without any sword or pistol near him.
** Upon the defendants' evidence it appeared,
that Mr. Lutterell had a walking-cane in his
band, and that Tranter had a scratch in hit
forehead, which might be probably a blow with
the cane, and the blow heard by the boy upoe
Tranter's first going into the room. And one
of the surgeons deposed, that the deceased had
made such declarations to the clergyman, but
this witness aAerwards being alone with Mr.
Lutterell pressed him verv earnestly to discover
the truth, upon which Air. Lutterell did say,
that he believetl he might strike one of them
with his cane, before they run him through.
** Upon this the question arose ; whether
Mr. Luttcrell's striking one of the bailiflfs firS^
would reduce the subsequent killing to be man-
slaughter only ?
** For the king it was argued, that Dotwith-
standing such stroke the defendants would be
guilty of munler, that not being a sufficient
provocation for giving the death's wound with
the pistol : and for this Hollo way's case, Cro.
Car. 139, and Kelying 127, were cited, where
the woodward finding a boy in the park who
came to steal wood, tied him to a horse's tail
in order to correct him, the horse run away
and the boy was killed : and this was aiyudged
to be murder, because the tying him to the
horse's tail, being an act of cruelty, for which
no sufficient provocaiion had been given, he
was answerable for all the consequences of it.
*' The defendants insisted, that the bringing
down the pistols was a sufficient alarm to them
to be upon their guard ; and then when he
struck one of them, it was reasonable for them
to apprehend themselves to be in danger ; and
in snch case a prudent man would not leave it
any longer in the power of his adversary to do
him any further mischief.
" To this it was answered by the counsel for
the king, that if Mr. Lutterell had continued to
keep tlie pistols in his bosom, there might be
some colour for an apprehension of danger ;
but the contrary appearing, viz. that he was
at a distance from the pistols, with the defen-
dants between him and them ; they had do
ground to fear any harm upon that account :
and tlie death's wound was given afler Mr.
Lutterell was felleo jdown with the woiiiida be
had received with the sword, and was cntirelj
' iXc Murder ofEiitvard Luttcrell, ttq>
I JS^ih^td Latteretl, with the leaden lul-
ii«l, «if«i of itt^ said pistul ttien nnil
lijf t^ I iii fiowiltfr Hljot olf unit
#«Mf|fri: t the n(;ht purl of the
bif ■! tlic ».-L]fi t^Ow:i]d Liilterellf umler the
^^ Mfi of tbe futtil EdMf art) Liitlf reJK one
MHalwoiittii of *^ f ^irlil) of one inch, Qud
irlM^ of OIL . of which ^itl mortal
mmilkmmal !.....„; v. Luiterelf, Irotn the suit!
MiMirsf IbcMtd 17ih<hi)' of Octoht^r, until
^Offckocir Id tiii^ aftpijiooti of the f>aij if^y
bb||Bid»ed« .. |*^hin^ livet), at which
Mi Mr tl»e £. I 'Krd Lnltere!!, at the
l^^ «farr»tii, of Uie %vouHtl aforesaid, died :
hi dol lJi« said iioberl Tmnter at the time ^f
iW Ukmy and m order aforesaid, by the satil
fit^ RcmMi in makiiner and form :iforesaid,
liMvity, foluiiCarily, and of bin iiiulicearore-
«i CMmmlil^ and perpetmted, relotiiousTy,
M<ag«nJ¥. ■ ' ' [ there
^pr^n: lom-
^anmtt tbe lelony aud mitrder in
i^ptraAil fori. r], Aud the jury say,
itttlKtaid Hii. II iind Robert Tranter
Ib^ md Bdwa ^ d L^ > : i in matiner and form
^ at Ibe parish and cotitity afor^oid,
i»tj» iroliiutarily, and of tfieir malice
, did kill and murder, against bis
ft|nijf*f pea<^/' £cc.
Ta ihsi Indictment tliey severally pleudr d,
W 0iiilrtj, »nd on February 3| were brotij^ht
• %r Rifi^'a- bench bar to receiTC their Tr in! ,
vM pfvccedrd in the following^ manner :
Orrk fif tAe Crmvn. You the prisoners at
iilv, tbear men which you ^hatl hear called
mi ftotmtAiy apnea r, are to pa^s between
m^ ■riaiigg turn the kin^ and you upon
As iral w ymir several h vis and deaths; if
tai ■ill diml)efi.:e them or atiy ot ihfin, yon
ftHt 4a k as they come to tbe book lo be
99m% Mvre Ihey are sworn*
Robert DemieSf esa. challenged »
Fiaoiaa Li^e, eaq* chalten^.
Ji«*« flaWy, esq. challen^eil,
Bttet Stitton, challenged,
BcBJamin Drake* chtillen^ed.
Eliaard OrtMne, cbaltenged.
Uidkmtd ": hailenged.
U Gtk mr.
mf
cf of tlie dcfesdanti : ao thnt what
aUcnrards i*^» murder in them,
H «xccfd«d tbe bounds of self-preser*
** B^ltlDe Court in the direction of the jury
iipmmhtlf declare, thntif they lietiered Mr.
LMcrtD made the (U ' spon thebiiiHfts,
ttabl&aff' with (he i he was down
^aMbravCma r, und the jury njton
flMt AradioQ fpi L^uilty of munslau^h-
tV inl J, dMiqgb otrterw»5e they were di«[M>bed
liWay»ped tbcm for the barbarity of the
*«TW MkodmnlM prayad tbe benefit of the
#oae. «a4 ircrv liitnil in tbt bind.
9. William Pannell, jur
John 1^1 ills, challenged,
3. Thomas Bee liiu^^ton,jtir.
4. Abraham Harrison, jur.
5. Charles Maddockjur.
6. Edward Bosrilef jur.
7. John Parsons, jur.
8. Thomas Cnihb«;rif jur*
9. Thomas Chff,jur-
10. Miles Harper, jur.
IK ilober t Kent, j ur . And
12, John Salt^jur.
Clerk of the Croten.
mation.
Crj^er, make Prcwlt-
Cryer, O Yes, ikc- If any one can inform
our sovereign lord the king's justices^ the king*a
Serjeants J or the king^s ailoruey, of the felony
and murder whereof the priiioners stand in*
dieted iHifoie this inquest be taken between our
sovereign lord the kine^ and the prisoners at
the bar, let them come forth and they shall be
lieanl, for the prisoners now stand at the bar
upon their deliverance.
Cierk of the Croum. Hugh Reason, hold
up y<mr hand ; Robert Tranter, hold up your
hand.
Gentlemen of the jury, look upon tbe pri-
soners and hearken to their cause ; they stand
indicted^ for that Ihcy not havinjj the fear uf
God before their eyes, but being moved and
seduced by the instigation of the devil, the 17tli
day of October last, about the hour often (if the
clock in t lie forenoon of the said day, by force
and arms, at the parish of St. Clement Danes
in the county of Middlesex, in and upon one
Edward Lutleretl, e^. in the peace of Go<l and
of our sovereign lord the king, then and there
being felon iou^ly^ voluntarily, and of their ma-
lice aforethought^ did make an a^^nlt ; and that
tbe said Hugh Reason, with a pistol uf the raltie
of 51. then and there cbarg^ed with gunpowder
aod leaden bullets ; which said nis to! the said
Hugh Reason in bis right hand tliea and there
bad and held into and against the aforesaid
Edward Lutterell, then and there feloniouslvt
and of his malice aforethought, did shoot off"
and discharge: And that the said Hutrh Rea-
son with the leaden bnlkts aforesaid, issuing and
shotoff outof the piiilol aforesaid, then ond there
by the force of the said powder, the said l£dward
Lutterell in and upon the right part of tlie body
of tbe said Edward I^nttercll, under tbe right
pap of the said Edward Lutter ell, then and thera
feloniously J voluntarily, and of bis malice afor^
thought struck ; And that the said Hugh Rea*
son then and there feloniously, vohmiarily, and
of his malice aforesaid, gate to the said Ed-
ward Lutterell, with the leailen bullets afore*
said, out of tbe said pislul then and there by
force of the said powder sliot off and discharged
in and against the right part of the knly of the
said Edward Lullerell, one murlal wound of
tfie breadth of one inch, and the depth of nine
inches, of which said mortal wound the said
Edward Lutterell, from the said 10th hour of
tbe said 17th da)r of Octoberi uQttl the lOlll
4
i
I
7J
8 GEORGE I. Trial of Hugh Reason and Robert Tranter^ [8
hour in the afternoon of the said day he lan-
flfuished, and lanffuishinfi^ lived, at which said
hour the said EdWard liUttercU, at the pa-
rish aforesaid, of the wound aforesaid, died :
Aud tlint the said Robert Tranter at the time
of the felony and murder aforesaid, by the
said Hu>rh lieason in manner and form afore-
said, feloniously, voluntarily, and of his malice
aforesaid, committed and perpetrated, feloni-
ously, voluntarily, and of his malice aforesaid
there was present, aiding, abetting^, assisting,
comfortin(( and maintainingf the said Hugh
Reason to commit the aforesaid felony and
murder in manner and form aforesaid. And
the jury say, that the said H ugh Reason and
Robert Tranter the said Edward Lutterell in
manner and form aforesaid, at the parish and
count)^ aforesaid, feloniously, voluntarilv, and
of their malice aforethought, did kill and mur-
der against his maiesty's i>eace, &c.
They likewise stand charged on the coroner's
inquest for the said murder.
Upon this indictment they have been ar-
raigned, and thereto have pleaded Nut Guilty ;
and for their trial have put themselves upon
Goil and their country, which country you are:
your chaise is to enquire whether they be
Ifuilty of this felony antl murder in manner and
form as they stanu indicted, or not guilty ; if
you find them guilty, you shall inquire what
goods or chattels, lands or tenements they had
at the time of the said felony and munler com-
mitted, or at any time since : if you find them
not guilty, you bliall enquire whether they fled
for it : if you find that they did fly for it, you
shall enquire of their goods and chattels as if
you found them guilty ; if you find them not
guilty, aud that they did not fly for it, say so
and no more, and hear your evidence.
Air. Strange. May it please your lordship,
and you gentlemen of the jury, I am counsel
in this case for the king. This is an indict-
ment against the defendants Hugh Reason and
Robert Tranter for the murder of Mr. Lutterell.
The indictment sets forth, that the defendants
not liuvhig the fear of God hef«>re their eyes,
but being moved anil seduced by the instigation
of the devil, on the 17ih of October last at ten
of the clock in the morning, in the parish of St.
Clement Danes in the county of Middlesex, did
make an assault on Edward Lutterell, esq.
that the defendant Hugh Reason with a pistol
charged with gunpowder and bullets, which
he then and there held in his right hand, into
anil against the said Edward Lutterell then and
there feloniously, and of his malice afore-
tlmught did sImk)'. o/T and discharge, and that
the prisoner Hiigli Reason, with the leaden
bullets aforesaid, issuing and shot off out of the
pistid aforesaiil, then and there by the force of
the saifl powder the said Edward Lutterell, in
and up«m the right part of the body of the said
Ed w aril Lutterell, under the right pap of the
said Edward LuUerell, then and Uieie Mm.
niouslv, voluntarily ami of.liia mfir*
Aoi^Ltiiiriick, ^ lut dMna nmi
then and there feloniously, wilfully, and of his
malice aforethought did give to thesaid Edward
Lutterell, with the leaden bullets aforesaid, out
of the said pistol, then and thereby force of the
powder shot off and discharged in and against
the right part of the body of the said Edward
Lutterell, under the right pap of the said Ed-
ward Lutterell, one mortal wound of the breadtli
of one inch, and the depth of nine inches, of
which mortal wound the said Edward Lutterell,
from the said 10th hour of the said 17th of
October, to the 10th hour in the afternoon of the
said day languished, and languishing lived, at
which time the said Edward Lutterell at the
parish aforesaid, of the wound aforesaid, died r
and that the other defendant, Robert Trauter,
was aiding and assisting the said Hugh Reaaon
to commit the said felony and murder in man-
ner and form aforesaid, and that they the said
Hugh Reason and Robert Tranter, the said
Edward Lutterell in manner and form aforesaid,
at the parish and county aforesaid, felontoii8ly»
wilfully and of their malice afore-thon^ht did
kill and murder, which is laid to be aq^mstthe
peace of his majesty, his crown and dignity, to
which the defendants ^lave severally pleaded
Not Guilty : they are likewise charged on the
coroner's inquest for the said miirder. We
sliall call our witnesses, an<f if we prove theui
guilty you will find tli4ln so.
Mr. Serj. Chtthire. May it please your lord-
ship, and you gentlemen of the jury, 1 am
counsel in this case for the king; the two pri«
soners at the bar, Hugh Reason and Robert
Tranter, sUnd indicted before you, and are
charged before you on the coroner's inquest^
for the murder of Edward Lutterell, eso. and
according to my instructions, which 1 will keep
exactly to, he came by his death in this manner :
on the 17th of Octolier last, this gentleman
coming out of his lotlgings in Surry -street,
going towards the water-side to take the water
at the stairs there, the two prisoners came to
him and did arrest him, and told him they ar-
rested him at the suit of one Mr. Rous for 10/.
He submitted to their arrest, desired them to
return with them to his lodging and he woukt
pay the money : they consented, and both re«
turned to the door with him ; but Reason wu
the only i^erson that went up with him : Tranter
said, he would ffo and fetch the attorney oc
solicitor's bill : the deceased went up one pair
of stairs, Reason went with him, they were to*
gether in the dining-room, words happened
between them, as will come from the evidence;
they calleil him rogue, rascal, and mintera
charged him as a person that refused to pay
honest debts, and shelteretl himself imder fb*
puted places of security. He directed his tadfi
who was then in her Md-chamher on the saffli **
floor up one pair of ttaira, to go and ftlch M
money, by which It may bft umpdaed thai:* J
waa in oiAm Itf CAt ll/dMili iMIttktt «fMll
^/t*r the Murtkr of Eihuard Lutferglt, «^
A. D. vmt
[1©
I ihafc, 1 tEit>#l hikve tbree gtiincas fbr niy
No« my « the deceased, youbavenot
I ine •• as bi «leserT€ three tfuinwis or atj v
I fbr civility, wiibout mtkio^ any de-
Mr* WmtLf iTCttfiag' of Hvniicide in ad-
fi«niirol or eiceciitmn of the low (PL Cr. cb.
5,1^.) saT^ 1 • If the officer in execiUiDg^hif
^kr, ext * !y, rti« law give** hi in
Upvlvrt^ t-5«. Aod it bebovps
Mttirfy the Hiii4«jter j of jti-^tice and other pub*
iiiCeierv, but Itkmvise privnte persons en J t*a-
HMfT ui arr^t or impri«on an the sefern^
(«» mrgmdy treated oi\ to bt^ very careRtI that
4fy db not rDnbehave themseWes id the dis-
liMr of ihetr duty ; for if ibey do ihey may
iiKhl^tf »}t«cial prutectiori. And tberelbre
Jfr, J«l»ce FoMef [see Crown Law, p. 29^ j]
€iik» tfcmi Ih^ kttltii;^ of 1^1 r. Lutterdt in tbe
i^Mr rep<JTted by Strange, would clearly
kpt fc^eri murder m tbe ofBcera, wbo com-
m^tA tiral fiit !/' TItrn, nt'ler meDtioniiig' (be
%i|«faicli Afe^taiH lu 8ir«Tiafe'8 report, he
fsaenA t ** Tl! is )*» reported to have been man«
rfa^^%ler, by re^-on nf tbe first assault with
tfcecMir; (>ti ^ jf tbe faclB^ tbe learn-
f^jntfr^ fr rt^ Kit I he rerenge taken
«1» t to the offence, and ii)-
di^r Bat be recttfief{ the
tlic aildiiion ol sereral material cir-
rnentioneil iti ibe State Trials ; 1.
L^ Iwfcd - ' ' V brs «ide, which after
ttH^mlTray wn.'- nfn and broken ; 2.
W}» • ' * ' (^11 the table, be de*
ctlfTi Ntthemdovvn, liecduse
br ii.*u, . .. '1 ,'v i-iv -i -JUt ofhis lodp^ioj** j 3,
He thrriftlefi^d tbe officeri several liniea ; 4.
Om tif th*' r^ffi. PIN wjin wounded in the band
*'i m (»»•' it? pi*»tr>l^ bavin i^ been
; . and also slighily rn
wntlby notne ibar|i pointed weapon, and
Ibr M^cf bad a diinifar wound in the band ; 5.
Tb» eriiJctice wns only, that while on tbe
gnijfjd L ftrftl on bi^ bnnds, as if begging for
•ifTr- I ihn the chief jualic© directed
Ibr , ii they b» litred that L. eodea-
wmmttS h.i :\-hc\i'. ■ : ' which he seemed to
teib, and rer ^ was l!ie case, it uotild
be JBiitifi2.ble bonm uir in the officers. How*
ff«r, as L. ^ve I lie ftrst blow accnrnpaDied
«<b iiMQacet to tbe o(ficei«, and considering'
te €lrcoinftsnc« of br« prodactnfi^ lolled pi«-
Ati pe*'''T^^ ^H-'ir t^king^ him from hh lo<I«f-
illlpt, 4ni i have been Ibeir duty to
MftAine ^. It had not been paid or bail
gi9W9^ hit <fedared it could be no more than
' iigfiler/' See, also, chap. 5, sect. 91.
V *ftfr wttin^ forth the chief j»«tice*«
to tb« jnry^lhui concladea bii »€•
••TKU - of the <!biefjnitice there*
Mtler ha omitted ; and therefore I
■an* ' \*« «tate the case more
tmp I diould have done :
IM k raoovx f?t:ip i^Jivin^, that the circttm-
m lite* report are too matpr/at,
maud you arrested me publicly (■ ti)e atreab
My h^rd, according^ lu my insiruatioiu, ike di^
ceaseii went tip one paireC ataus and be re*
turned down with a ca^e fif pistols ; the maid^
and enter ti>o far into the true loerita of iha
case, to Lia?e been dropt by a f^tJemati ui ait
Jobii Strangers abilities andl known eaikdovi, if
he bad not been over- studio us oi' bretity*
^' Imperfect reports of facta aad mrcoM*
atan€«a» eKpeciaily in eases where ef ery cia*
dMBSlance weighs something' in tbe seaie «i
jctstke, are this bane of all science tlkaA d«»
pendeUi upon the precedent?! and exanplea of
tomier tiinea,'*
See, also, Hawkins** ?1. of the Cr. book i,
chap. 29, aectiona 9 and 16, and chap. 31, •.
6K Aa to the kiHittg^ of an officer executing or
altempiiD<^ to execute an illegal i^-arrant, aeft
iti this CoriectioQ the Gate of dterensou, a. d.
1759.
in casea of Homicide caused by beat ef
blood upon sudden provocation, the lawof iikot-
land is less indulgent than that of England i in
which and in some other particulars as to tb it
tnaUer, their legists are not backward to coor
trnst the respective doctrines «)f tbe two codes.
I tniascribe tbe follt^wing paasagea from tbe
t^o most eminent uvodern authors upon the
C'rimiual Luw of Scotland, with whose wriiing;!
1 nil) acquaiuijfd :
*^ Though the distinction of murder aad b9*
mk'ide on provocatioo hasbeeome a part of out
taw as of that of Engloud ; it is not, buweTCV,
to be imagined, that it is therefoi^ establisb^i
in the precise same terms in both, or that oat
f practice has adopted tbe opinions of tlie £Dgw
ish lawyers, with respect to tbe kind or degree
of provocation which will save from the ordi-
nary pains. On the contrary, there ia in ihit
article a great and ^uUtantial dilterrace h^
Iween our system aad theirs. Thus far ihe two
coincide, that no provocation of ttords tbe moat
Ibnl and abusive, nor of signs ami geslttres hoir
contemptuous or derisife soever, is of sutficienl
weight in tbe ticale, materialK lo atleviute the
guilt ; Eo that if Julin, upnu words or aignt of
repmach by James, shaightwny lake una kaife
and stab him, or a heivy banuner and l^eat oiA
his bnuns, be sbfill \)^ jndg«>d a murderer and
die. In ihiA also I heir doftrwe Bgreea, iliat
ihey make no accom.t of provocatttm by tres-
pass on land^or giKwU, if n^t accompanieif with
violence to the person ; w1>ereby, if Ji>hn lind
Jutnes breaking down bi» fence^ or entering bia
inclosurcs to search forgsine without bis leavr,
or poinding John^s cattle v^ ben thiny are upon
John's own property ; in pone «A these ca^es ia
it any thing less than murder, if iltdm shall bn
so far transported wiib rage ni this trivial and
refianible omtnce, as to knock tbe tresp»s«)e
Ihe head. In ihla all the Eivghsh autbo
are agreed ; and certainly fi^r reasons !io ob
ons and convinL-iug as admit of no r**ply,
** But it is further the setitin^en* of s*xwal^
and among the abkst of iWvt ^uUi% w^Vkw^
I
llj S GEORGE I.
nei-ranl, Hiater Gerrard, seeing him with Ihasc
pittolfl, said to hiRi, For Gotl'« sake what husi-
riMCS have you with those piriots? Pn«y, Jsiy
Libe pitttols ftway, mischief may happen : says
' that any assault on tbti persoo of the killer suf-
ficiently extenuates bie ^ullt, to lower the cuse
to maniifaughter, though the injury he iiolbing
more than a single blow with the band, or rwkt>
ling the nose, or a lillup on the forebead, or
^ jitstliog in the street, or whipping the pcisou's
Doriiie out of the tract." — [This, I conjecture,
alludes to Lanure's Case, l Hale^ cb. 37, p.
456. As to which, Mr. East (PL Cr. s. 20,)
lightly observes, *' I should presume that the
ijkct wu done with violence, or great inso-
I knee.'*] — ** Farther, it is the concurring doc-
rtrioe of all their books, that where on n sudden
L^uarrd, parties fight upon the spot with tnorlal
[ii e;ipons, and on equal terms« (each giving the
Ifither time to draw and be on bis guard) ; or
l^en if in heat of blood they ti?tch their weapons,
Dd go to the field and li|^hl^ there also the deed
omes under the notion of manslaughter only ;
nd this without any regard to the first provo-
stion, whether it he verbal or real, or frotn
vhich of the parties it comes.
** Now, in all these articles, our practice is
brnied upon quite another plan. To have a
E^l^tl plea of extenuation, the pannel, at the
time of killing, must have stood in the situation
of an assaulted and injured person, one ivho
was in a manner constrained to strike by the
▼iolence w hicb be was suflTering from the de-
ceased. If in any dej^ree the mortal strife was
matter of conreution between I he parties,
thon|L^h but tiicitly, and taken up at the rao-
ment, it the mortal blow was not the impulse
of iuHtant pain and agitation, but of a purpose
to figbt as on a certain plan and set of princi-
ples ; this, according to our notions, is murder
in the survivor In which point of view, the
circMmstance of waiting till the olher party
draw atid l>t on his g«ard, that favourable cif-
ciinistutjce which makes it manslaughter by
the hw o\' Enghind, would not >%ith ns be of
any advantage lo the pjnnel, as slievf io^ plain
dcliheratjoii, presence of mind, and meiho<l in
his revenge. This, our rule, is proveil by the
i«Q cases formerly mfutiuned, of James Mur-
ray [June 17, 1670.] and Janu»s Gray [June
1 it 167B ] both of them cases of fair combat in
heat ill hloiid, and on a recent quarrel, to which
may bt* ad tied (though willi respect to the suf-
ficiency of the evidence, the verdict has been
thought qiie«itionable,) (he case of William
Douglass [June 4, lt)67,] for the slaughter of
Home of Ecclea, whicli was shortly thus ;
That these persona along with others, had
quarrelled when at dinner m a tavern, and hav-
ing taken coach insiantly drf>ve to the adjacent
fields, where they set to confusedly with
•words two against two, and Home was kill^
as was alleged (and indeed. I think is proved)
by Douglas. The same principle seems to
have ruled in the case of Andrew Rulhedbrd,
lodicleil for the Ktur^ar of fm^eM Dougtasi
Trial of Hugh Benson and Hubert Tranter, £l
be, I design to do Ihem no harm, they have
used me ill, called me rogue, ravcal, and luinter,
I do not design to hurt them, but will not be
ill used by tliem. The maid pressed him, for
[Not. 9 and 16, 1674,] this slauj^hter had taken
tdace on a sudden quarrel, of which it could not
\e said uu the proof who was the author, or whu
had been the first to draw, only the parties
were seen by jicr^ons at some distance to alight
from their horses and thrust at each other, nei-
ther of them, as tar as appeared, taking undue
advantage, or giving back or declining the com-
bat. The jury liiund the i^laughter proved, and
the solf-detencc nol proved. And the Court,
who, by their intKrlocntor hnd previously re-
quired it of the panntl lo bring proof of self-
defence, gave sentence of death,
" With us too, though not always a deci-
sive, it is generally an uufavourable circum-
stance for the pajinel in this question, that he hai
struck thi' first blow ; if John strike James a
blow with the hand, and James return it with
severe blows of a staf}\ on which John being
hurt and irritated, drawls, hat gives James time
to do the like, and thus they fight and James is
killed, this is murder by the Scotiisli practice,
however such a case might he resolved in the
courts of England, We cannot make the same
allowance for his being provoked, who is only
in a situation to be so by bis own intemperate
and unlawful act, and has shewn an absolute
ditiregard of those very emotions in his neigh-
bour, which he woulcf have excused in his own
case* His assault of his neighbour's person
justified the return of blows, and though there
be excess, he cannot therefc»re be Either justifi-
able or excusable to resent these {whil« ihey
do not put his life in danger) unto the death of
his neighbour. Thia rule is pointedly an-
nounced in the interlocutor, in the case of ea-
sign Hardie, where it is sustained to restrict the
libel to an arbitrary pain, that the deceased was
the first aggressor and had laid hold of lire
hiirsc's bridle, and struck Hardie on the facs
V ith a rung or tree ; hut this passage imme-
diately follows, ^ But find the reply made by
* the pursuer, that the paunel beat the defunct
' on the face with a thrawn rod, before he struck
* the pannel with the rung or tree, relevant to
^ elide the foresaid defence simfdicitcr.- The
difference is still more remarkable with regard
tu the degree of injury and provocation which
will he received in our courts to extenuate the
guilt. That any, even gross indignity is suffi-
cient, or any assault on the person of so slight
a nature as those which are mentioned tn the
English books of law, this it would be contrary
to the whole tenor of our records to believe.
Suffice it to mention upon this head, (since the
invariahle course of judgment makes it needless
to accumulate authorities) the case of William
Aird [Sept. 8 and 9, 1693,] lor the murder of
Agnes Bay ne, hy throwing her back wards do wa
stairs ; the allegation was heje repelled, of her
having provoked him by tossing the contents of
a chamuer put in his laoe^ lo tbort it ti to b%
w the Mwjgr of Edward LuttereH, esq.
l-TK.
[I*
U «i^ Uy iHe'fi tlnwii, ^oiir lady tfill be | the door, and llie boy.Thomai* Hftrg:paTP,went
%jhieil \^ tr, ihc tar end of tne room, j to let in the person ilint knocked, aofl it proved
)tdh*' and rttreiited to the fire- j the dercndantTranler: Tranter ran boiiil^ oji
pn. bv va\9 iitite there was a knocking at ttairs, and the Iraj traa folloiring hxm^ and
kg
* •• * f*5 not come up to the due
occ by our law, that the |
' *^^' fi}' bloody though ow- ,
l(nn which t!ie de- t
W t . person. This pna-
St tH^ some nderpiate and ,
dtiv <• and ci*ntinucd as-
lach »% cairiic* ayhution and alarm with
l*4n:a»or farther harm and injury, aa well ,
mf^oA amarl ao<) pain of body ; whereby I
4»rf.i['i r-i eitcwaahle in the losa of his pre- i
fmm »r i ji| of the just measure of reta- '
tee . ig the pecuhar ca<:e of slaii^h-
lj«Boi-tirti uu the adulterer disco vered in
it licit t am ac«iuujriled with do case of cul*
fii^Viaiici '"^ - '■ ' * -^-ords, which is not
mnm trk* |iion ; not u case of
fmmm ae.! y .. u excited by Inxtily
•Atrai^. ;i; il with terror, and wit!i
■miikfet^ , i. And truly it tnay be
i^kt i in this our rule is net wiser
V. \d leant more suitable to the
:sh people, than that
X^m^ which excuses
i4:¥wfiL;^ t^f s»^t^h inconaicJerahle
Trt CTirb anil repress an over- jealous,
'Tte Humouri as far as can
; ice i n the particular case,
;» the course of
f'f law in this
. ^. ;jgainst the per-
ML .iiiU 1 3 to l^ duty kept in
f«9 Ml Mtu ,1. ^^^'^ ^ , .^ x-a it has eon SI deration
ilbi&sii liiiitTDit)^ in those difficult and agi-
Hiiif «i^iik[rin4 oilv, which require a more
%t^ ' - il of mind, and commaml
Wir^. ^ I uid Ihem ; not in those
r liic pndc more llian the body of the maD
» kew* Hfenrf eiV
^\\ I which it wotdd
t W 1 country to ex-
■i iLiuii^w-h Lt< vviih coaliJi-'iice^ clear it is,
K tocb is iKtr fined and certain rule.
^kUh<
''":'. ■ ' ';^erve
B**<"
.■d,-
ImC^
; ui r"i u 1 ^; iirjtfilin,)
Ki..
and is npiirJed by
|K<W
f ' "inch and warm
» bally. A full
^to-4 L.t '
r] : .'irid it Was
^t
1 Ill's
^b>
Dr.
^k. ««-
Krrjfpeciing^il,
^k-f ''
. *>ur to the He-
K^
,1 ciise of difficulty,
^fe.
delibcrati^ attention
Hh|^
f»d|^cd in strict
^^^B
of precedents,
^^^^
1 iixjdrrn date, that
K
ird» Oil ibr whole
^^^^i«*4l
«^ ^i *.:. „..ation, even tlio^c of"
^■fVi
who wtre most tarounbk to the
punnelf and along* with them the jury, had been
of opinion, that the injury to bis person was not
of that detjree, nor had iJecn pro^ecnted to that
letigfth, which could excuse his passion or ex-
tenuate the guilt, so that the deed was rather to
be held a wilful and resentful deed, the fruit of
the habit of mind, the nroud and jealous temper
of the man, who acted deliberately on the oc*
casion, than of excusable perturbation and
terror, or immediate distress of body. If, in
prosecution of his unlawful purpose, loni E^-
Union had advanced on Campbell and bad laid
hold of tlie piece, and thus a personal striigf^le
had ensued, in which Campbell defending his
property (and certainly be was not obliged to
^uit it) had been beaten and overpowered, or in-
jured in bis body before discharging his piece,
this would hare been a far mure favourable
case, and indeed, in my mind, hardly distin-
guishable from that already mentioned of 31 ac-
leau in 1710, where an assault on a person to
take bis carabine from himi was found relevant
to restrict the libel loan arbitrary pain. For
this wouTd not have been a situation of simple
trespass on goods, but of trespass necessarily
coupleiJ to assault of the person. Hut taking
all the particulars of this unfortunate story, it
could scarcely be said that Campbell had been
at all assaulted, or had ^ny reasonable or well
grounded apprehension of future harm to his
person. Certainly, at the time of dischai'^jiug
bis piece, any provocation he had yet received
was not higher than if he had been just led in
passing, or pulled by the nose, or kicked on the
breech f no one of which indignities according
to any authority or precedent that can be pro*
duced in the law of Scotland, would have beeji
sufficient to excuse him. Jn tine, he bad
shewn nothing of that forbearance, that phlegm
and tanliness of blood, which according to Uie
course of our practice, is a necessary accoin*
panimeni of this plea, but rather a choleric and
jealous disposition, hastily to lay hold of the
tirst opportunity of offence, for the purpose of
revenge.
** In the close of all I shall venture to ob-
serve, that as with regard to the degree of pro-
vocation which makes a ca«f> of culpable femi-
cide, fi!0 also with regard to the judgmrut which
luay competently pass on the <»tTender,*it muy
deserve to be considered, whether our law is not
upon as salutary a footing as that of England ;
for our judges have a discretion in this matter,
to condemn the man -slayer to such a punish'*
mcnl, according to the measure of bis fault,
which shall truly serve as a correction to him,
and a warning to others i whereas, in England,
Ibe judgment is one invariable thing, the for-
feiture of moveables, and burning in the band,
wbicti i« very iine<|iial in iti application to the
different conditions in hff , and if carried into
etiect, may bt cilh«r too 9»fvr% or too Utv\«u\«
15]
8 GEOjUlE
heariogf a noise in the dining^ room, as my in-
itracUons are, he hastened the earlier to see
ivhat the matter ivek ; as soon as he came into
the diiiinff room, the first thing he saw was,
Tranter hoUiinijf the diHscased's arm in his, ami
the other deteiidaot Reason slabbing him, and
he saw the stab : lie was woing to g\^e the
neond stab, but the boy took noid of' the sword-
arm ; Reusun takes the sword with his other
band, and says to the boy. Damn yon, ifyoii
d'not get out of the roum you shall die before
your master : upon this he saw a second pass
at tlie fipentleman, and he cried Murder; upon
his crying murder, the nuiid servant Sarah
came, and she says she saw her master upon
his back on the fl'ior with his hands up bepriog
for mercy, and saw the men stab him several
times : she likewise cries out Murder, aud as
alie went down stairs, and not till then, she
beard a pistol go off, which must be atWr the
poor, wounded, mangled man lay upon the
Qoor. Some time after, not two minutes, she
beard another pistol go off, by this time the
noise was so great that the neighbourhood came
in, particularly one Waters a waterman ; Waters
runs up stairs, and he finds the deceased at the
further end of the room, lying there in a strange
mangled condition ; one of the prisoners en-
deavoured to make his escape, but be was
•tizetl, and so was the other.
It was thought proper in this dying con-
dition, as it was apprehended the poor gentle-
Dian was in, that they should send for the cu-
m I I I I ■ . ■ ■ ■ m ■■ ,1 »
course, but as sometimes managed, by gitl of
the forfeiture to the offender himseU'jhecomes
DO punishment at all." — Hume's Comuienta-
hes (Description an<l Punishment of Crimes,)
chap, a, vol. 1, pp. 37a, 380.
So, too, Mr. Burnett, (Treatise on Several
Parts of the Criminal Law of tkotland, chap. 1,
p. 17.):
*< While the law as to homiciflo on provoca-
tion, has in latter years been greatly mitigated,
it by no means goes the length of tluit indul-
gence which seems to be allowed by the law of
our neighbouring country, to resentment on
slighter injuries, where danger U) the person
and alarm for one's safety cannot be inferred,
that it will punish viith only tine and imprison-
ment him, who, without any adequate or just
cauie, but from a punctilious sense of honour,
arising from a sl^gntor implied injnry, wilfully
bereaves a fellow-creature of his life ; an in-
dulgence which is directly adverse to every
rule and precedent in the law of Scotland.
** Nor, while it makes allowance for anger
excited by a just cause, and which impels to
immediate resiuance, will it C4Nintenance any
tiling like deliberate cruelty, or the taking
amends fur injuries, even of the highest kmd,
alWr an interval of time. It is the frailty of re-
■entment in heat of blood, notof rereoge, after
•passion iiaa had time to subside, that tbe law
nakM any aUowance fiir. Btooe all acta of
raiiaralad aod cxeaM?* ▼)
I. Trial of llvg\ Reason anff Robert Tranter, [ 16
rate of the parish, Mr. Peters ; Mr. Peters did
come, and according lo my instructions, as
they appnhended him to lie dying, says a
friend of the defendants, Pray enquire of the
gentleman how this accident happened? 11^
did so, and he will give you an account of what
passed between him and the deceased before
the justice of the peace came. Kut Mr. Ver-
non and Mr. Haynes, the two justices of the
peace, sotm afVer'came in, and at iheir request,
they having no clerk with them, Mr. Peters
was |)leased to sit down and take the examina-
tion m writing ; having given, him his oath,
Mr. Peters was pleased to set it down ; the
substance of what he did say was this, ^* The
bailiffs took the pistols from my table and
shot me twice, the fat man run me through,
and then dretv my sword, which I broke my-
self in his hand, and begged for my hfe : T
never fired a pistol, nor mode one push ; they
both run me through, I offered to pay them the
money." The condition the gentleman u as in
at that time was such, as it was not thought
reasonable that he should sign it, but they will
give you an account that he was perfectly sen-
sible. My lord, iu the afternooo someboilj
sent for ftlr. Peters the ckrgyman again, and
it was with an intent that the deceased might
receive the holy sacrament; and Mr. Peters,
like a prudent man, says, ** According to tbe
account you have given yon have been hardly
used : however it becomes me to hope and de-
sire, and you to express, Uiat you are in cha-
are committed in a cruel and unusual manner,
though on slroiif and immediate provocation,
will be held to indicate that malice which is the
characteristic of murder ; in the same way that
acts of lesser violence, but which end in deuth, «k
if done ex inter vallOf under pretence of prior ^
provocation, will be held to mdicate the '
temper, and to foifeit every indulgence of the
law.
" The same principle holds in the case of
immeiliate resistance on provocation, if it shall
appear that the party acted not from the im-
pulse of thai provocation, but from a fonner
grudge ; or if, to satiate his resentment for ptil
injuries, he purposely courts a quarrel, and in-
duces provocation, as a colour to his malice.
In such cases, the extenuation of passion caa
have no place. The real impulse, tiien, is ma-
lice and revenge, that deliberate and reflecting
passion, for wuich the law makes no allow-
ance."
^
^')
*i
'^
I,
■\
It is, perhaps, too minute to be wortb omb- l
tion, that as to convictions for mansUugbteri ^
Mr. Hume appears not to have been aware, y^
that the forfeiture of (movables) goods UM «f
chattab is in practice never exacted ; tbal Ihtt^^
burning in the hand may in tbe discrelioa «i£
the Court be changed to a moderate fine % >
that moreorer the Court may edjiidgie tlvi
ftDdertobejaipriMiiM^ «, «» ^-Si p
Jbr tie Murder of Edward Ltdterell, aq. A. D. 1722,
[18
■«i»
\ 1 admlBtAer tlie lioty -sacrament"
J * A« 1 %hM. apiirmr befoi^ ihe ^rtnX
Ifiil vf bMfVdi, fvl»«i I told yoti is true, I waji
teiMlr nauiTtl*»r*il ? lii>wm>(FT I aiii ill fier-
ttharit^ -ive tliem^ and 1
' : ; ibem their ia-
iVi V i^xikt be did contiaue lur somt'
»• Isn^it^tiin;; waVf thuu^fh all care vvaa
itftA Ua cxnminnUan after
a sad circum!)ta£ioe in the
mic: if mud no If^ss than] ten wouridtj
my of iLem mart a) ; he did coii-
llli* ~ *! ' 10 nt ni^ht and then
il a caw; of^rcat cno-
uKi ^i'* «Mi njtf une baud the de*
F iifficer« ttfid rnin litters of justice^
1^ prelected in h^trwu^ of their pro-
I a* wwg oa ttiey do their duty must
immA \ %in u h* ti (KHjjde Rubutilto ihcir
f, IImtv ''>e protected, and the
ftp, Ibal m|ijn [le to submit, requires
i» ^km f» f»rol«ci and preser? e their lives,
ail It wmf omocr riveif luireaflooable correc*
'. tii^y male no re^i^itance in cases of
imlj, where hjirdships and difficultiis
«»flat wpon tlfetD, to afl to shorteit- their hves.
I«toii It to my lord's direcUon, whether they
fl» MA ffB^y <«f t^V^e murder? To eliew how
^rfiil iDt* Uw II or tlie lile of man, my lord
fdhi* **]^*f U^^oy °t%i> ^Ito t* in custoily of a
^iW WM, ibe cornuer^s inquest mue^t ait
^1 y«i ; and it U for this reason, that the
^^mmj be appriseed thit the Kuhject h,id no
feii^T, biitcftmeto a natural death; this po-
hf «r Bw M a guild QXitt, Tbef^e, |^<?nilenieH,
■P^baumli Mrbieb will betaken imocon>
tt(telM», and when we haf e caHed our wit-
,la BtttiA b« lfe;ft to ttiy lord*)) direction and
atioD, whether the defetidaat^'
) to lie justified, or whether or no
Art w§i vm duKife the puDiahmenl due to
^^Ki«ri
Mr. JU€9€* 1 am counsel likewise in this
mm fer Use king : The facts haTe been fully
1 m every |Hirticular circum^ttance, »nd 1
1 1« not a matter proper for ua to
> wiSli ila naual attgravation | for consi-
^gtm^n^vA i*r*' nt»t nlltiwed counsel ^
tmAf BO fairly before the
i<»ii I •MOQtomatteriiof
r lh« dcfnidanta are oifieerv of josttce*
I fta are entitled to the protectiou of
ibtei*. ^mHf u% the taw authorines them in
wm . Inii in case they exceed that
«^ iiae tiarbarity to their prisoners,
«^ff^*r>rTv r» tio oocasion tor it, ihev eKceeil
tel»«iids Ml tMr authority y and what hap-
■Ki aftarwvnds by n - -r^?*r s qimrTcl, thtiy
■isntlri^afv Ihe f ; and if a per*
!• bJIrd, I aabib-. ., u ^^ai lordship if they
r spi fuill^ of *xmw4m^
^ II y hord, if rcsitlance is made by
^^1^ and it ta necessary for the
mooer, or for the life of'
e |M*iso
Hfe is attempted by the pri*
1011.59,91.
preservation of the \
the officer^ if bits Hf^
soner, and in doing^ what i^ necesiutry for
their defence^ and for the keepinjf of their pri-
soner, there happens a quurrel commencetl
by the niult of the prisoner, we agree the of-
ticers are n«t to be blamed : Hut if a quarrel if
commenced by the offif^rs against a priboner
subniittiji)^ to the law, luid to their authority,
aud wilhn^ to do that which the law requires,
uamely, to pay the debt, then only lor cirility
money they use durance, and they used him
ii), and they begin the quarrel and ft|»^ht with
the man on that account, we must submit it»
whether it is not murder. We must agree in
our evideoce* that there was not any person
present at the time of the beginning of the quar-
rel, nor who continued there duriujj the quar-
rel : But from the circumstanceSt ami the evi*
dence we have to lay before the jury, it will
amount to a proof, that this quarrel was b^
guu by the officer* It is true, ihei^ were
piflloU fetched by the deceasei), hut these pis-
tols, if we shew they were not designed t^ he
made use of to injure ihe bailiffs, but were onlv
for his own preservation ^ if he should he ill
used by them ; if aHer he had taken these pis-
toU he dismissed himself from the custody of
these pistols, as we apprehend will appear I'uia
the evKJeoce, and they take up these pt$kds»
and with one of these pistols shoot their pri-
Moner, we apprehend that nill take off the cir^
cuinstaiices, that would sceia in favour of tbem«
My lord, v»e will call our witnesses, yiid prove
all our facts, and then we must submit it to
your lordships* direction tothejurj% whether
on those fsctii it doth not appear tliat the of*
fence commtted is murder*
X, C, J. (Sir John Pratt.) Call your mU
nessea.
Tkoma$ Htir^ra-ot sworn .
Mr. HungerJhriL My lord, Thomas Har-
gr^ve. was the de€eaj4ed*s servant, aud he nnw
more than any body ; he will give your lord*
ship an account of the matter*
Sgtj, Cheshire. Thomas Hargrave, do yoit
tell ray lord and the jury, what vou know iit
relatitm to your late master, Mr. Lutterell,
what past between him and the defendants, and
either of them, tell from the beginning, and hi*
sare you tell the truth.
[At the prisoners* desire the witoesset were
ordered out of Court,]
Har grave. The first beginnitig, my lord^
was, my master sent me out of the hiu»e to
call a pair of oars to go up to Westminster oti
Tuesday between nine uud ten oVlock*
X. C. J. What day of tlie month ?
a a f grave ^ 1 do not know ; with that I went
and (NiltfMl a pair of o»rS| and came tiack and
told him I had c«IM them ; says he, ThomaSi
get your hat, and go along with mc ; when be
bad got two or thret* doors from our lodging, m
tittle man, wbost? natue is Tranter, clapt hitn
on Ihe shoulder, and pteseutly aiWr ctt»e aa<>
C
I
:
19]
8 GEORGE I. Trial of Hugh Reason and RoieH Trataer^ [20
other man, Reason, and said they arrested him ;
with that my master says, ** Gentlemen, it'
you will go with me, you shall have your
money, my wife is with child, and 1 am
afraid she will be frightened." " No, damn
you, we will go with no such Minter;*'
with that with gjeat persuasion, my master
got them to go to his lodging: my master
said, ** fetch the attorney and I will pay
tbe money :'* Reason sent Tranter for the at-
torney, and Reason went up with my master,
who said to my mistress, " My dear, don't be
frightened, here are two rascals who hate
abused me in the street;" and mv mistress
said to me, " Go to my nephew :" 1 went, but
he did not immediately come ; when 1 returned
I went into the room, and there was no hai^m
then, my master was walking about the room,
and Reason stood with his iMick to the ceiling
with his face to the pistols. My master said,
'f Let me see your warrant:" Keason shewed
it him, and he said, *' Wipe your arse with it,"
and tliroweil it down upon tho ground. Reason
asked for civility money; my master said,
*' No ; he would gire him none, for he had not
used him well." At last Tranter came ; I
opened the door to him, be run up stairs, I staid
to shut the door, and 1 heard a rustling or
noise ; upon which I ran up stairs atW Tranter,
and I saw Tranter close with my master and
throw him against the closet door, and Reason
took his sword and ran my master through ;
I took Reason hold of the sword arm, and he
said, '< Damn me, if you don't go out of the
room you shall die before your master ;" 1
heard*iio pistol all that time.
Serj. Chethire. Did you go in afler the pistol
was shot off to see your master ?
Margrave. No, I did not see him till after he
vtM carried into the other room.
Serj. Cheshire. Do you know of any di-
rection given by your master about fetching the
money P
Hargrove Yes, I heard my master say to
my mistress, ** Fetch the money, and 1 will
pay these rascals."
Mr. Rrtve- 1 think yon say upon hearing
of a scuffle yon ran up* stairs, and you saw
Tranter run your master against the doaet door.
HargraiK. Yes, Sir.
Mr. Heeve. Had your master any weapon ?
Hargrove, No.
Mr. Reeve. Where were the pistols?
Hargravc. Que was on the table, and the
other in the window.
Mr. Hungerford. How far were the pistols
from your master, were they within his reach ?
Hargrove. No, Sir.
Mr. Hetve. You say you saw him stab your
master.
Hargrove,
Mr. Rtcve.
another stab ?
Hargrove,
Yes.
Was there any attempt to give
Yes, he went to give another
atah, I lotrk him by the swoni arm, and he said,
** Damn you, you shall die before your nuMtar."
upou that 1 went and onail out mnlar.
X. C. J. YoQ say that before that he de*
manded civility money ? — Hargrove. Yes.
X. C. J. What said your master P
Hargrove. He, said, ** 1 will give no rascalf
as you are civility money, for you have shewed
me no civility."
X. C. J. Then you went down by your mis-
tress's direction to call her nephew ; when you
returned, before you came up, what did yoa
hear P Did you near any noise, or buttle, or
blowP — Hargrove, No.
L.C.J. None at all P
Hargrove. No; it was a(\er Tranter came
that I went ui» stairs again.
X. C. J. When Tranter came, yoa opened
the dour to him and followed him up stairs P
Hargrove. Yes.
X. C. J. Did you hear before Tranter entered
the room any noise or stroke P
Hargrove. Only two or three words.
X. C. J. What were those words P
Hargrove. I don't know,
Mr. H'lngerford. What said Reason, when
your moater told him he did not use him well t
Hargrove. Then he was mad, he swore sad
called him a great many names, called him a
Minter, and 1 don't know what.
Reaton. Did not your master request us la
go to the Tiltryard coffee house?
Hargrove. No; he said, " If yoa willpi
with me I will pay the money ;'' you said,
*' I will eo with no such Minter."
X. C. J. Did your master desire them to go
to any particular place ?
Hargravc. He said, " If they wouM go witk
him to Westminster, he would pay them Iha
money ;" but they revised and said, " they
would go with no such Minter."
X. C. J. Did yonr master propose to go to
his own lodgings P
Hargrove, Yes, when they would not M
him go there.
X. C. J. Why would he bad them have gone
to Westminster P
Hargrove. Because for fear of frigfatenin|p
his wife, she was great with child ; with greae
persuasion he got them to go to his lodging*.
Reaton. Dvd he not ask us to go to bio
lodffing?
Hargrove. I don't knew, I did not hear him.
X. C. J. You said just now with much ado
yonr noaster persuaded them to go to hjs lodg^-
mg, now you say you did not hear him sdc
them to go ; I only admonish you not so bo
too hasty in your answers, but to consider.
Who proposed goingtn your master's lodging f
Hargrove. Why my master, when they
would not go there.
Reaton. Did not I ask him to go to tfao
Cn)wii-tavern P
Hargrove. Not that I beard; I
R(«8on bid Tranter go for the attomey.
itararisllr.]
terell to go to t
X. C. J. Did
id you be
tbeCron
learTkaatararisJ
Hmrgrmve* No, I
ZWMlar. M «^
r
HQ Jor fh$ Murder of Edward LuiiereU^ esq.
♦er said, ** fetch
A.D* 1722.
TrwmJtgr, bid not i ik-is,u e tj^our iiiti^ltfr to
aarf jnm, ami bi* tatii), Damn jou, vou »lsuli
^i0r''Jimrgmv€, No, I heiird do such thing,
Ht*ter Gtrrurdswairn.
^ey Ckokirt^ Do jou tetl my ton] and tlie
jin MMi you knoir tvheinhc^ r!'^ -tints, or
«Mraf Kli«m Mrere fti Sir. Lun ^riit^s^
alvlai fmsHied lU«?re? fiegia «: u.^ L.^muiug^
flaUt. I hititi«nirJ to be id tl»« kitcheo
^mmf Dual'
Sig*C&c»4^ ^ the time and the day
BaHxf^ I doo^l IcDOW indeed, it was of a
Sirj. CA«Air0!, Do vou knoMr what naoalh ?
&»/«r. 1 don't know. Betng^ io the
liOHi I iMrard my mw^r retarn again, when
hwm \mx jait g^otiv out before ; hearing' bis
i^K I atrf>|ted to th« stairs, md wonderrd
ftiilMiiil ouHif ■"-: " 9«i*oon ; I saw hicn
NMiiB with ;i \^ \ beard him £^o up
tf^n, 1 fitftMKHJ^ .«.^, i i^eard him speak loud ;
l^AaiKMNl be was arrested , I was sur|jrjjted
Ml; ImmtA a lUtle while till he went up,
Ika I wrtti up to my mistreEs, because she
9m with ciliiifl ; I waM afroid she would be
I ( wiMfp I came up she was iu the
i|;-niyai with tnv miuiter and Mr. He^isuo,
A a liulr time she went out ot the dmiiJ|i;-
I «ato tiic lit-'d -ctiamber^ and she was ticav-
•e4 ia aoaie tiiiM; my master anil i>lr.
^m w«a in the room together, my master
aci4 irmlkcd about the room ;* I staid
wtk my ■litireta some time, and at last I
hmmA mj nsMlvr go op stairs, and he rame
4iwB inuttidblvly agam ; upon this I went
Mallie Ttmtn^ rn*- »•— -r hud two pistols, and
ke psc iknn on '>f his coat ; I asked
hm^ ** What dj i. uith tiiose pistoU? jf
^ fin wcomtfS she will he frii^hted :" Says
k% •* I «io**i di^iL'ii iti «to any hurt/' Thru
^ laid nw hv^ 1 abuseit him in the
Mfeai, «mJ cxiif I tier ; this man (potut-
^1 1» ffiwiwi) t»aa lu tlie room all the time*
Hr, Mys I, pruy lay rhmn ih^^ pistols, and he
«[»aaa4lay diiwuV uds on the taldc
m my r^aeM, and h . hi« cam*^ in hts
tel I wrnt into tht mjijiii ugnin to my mis-
tooR, aad w t^m 1 csme there she was m her
^fc* t^iuct ♦ "" yJ ^*he p)t up,
llted (be ctif^ r down OD the
%i-«Ae, and *.i^ trr^nivn. 1 pcf^uoded hfr
■K III ^ fm^blrd : Ahciwards I heard some-
'a* iJi4* door, m»m( I »i.-i»|ied out to
' io, and J
^ J Tr« liter) :
y t>mc alont; the
t'jMm thst I
>«-re was a
^ mi thm »taint tii \r%
» »1if*i**' lHuO ni 111 ;
Tui iiw iiii*uivi be if igUtwiMjd i
I heard a noise, but did not know what ft was ;
I heanl the nuise i^ row lyrreater ; J stepped
softly through the passa|fe, threw np^n the
dining^' room door, und 1 saw Uub i£ef}tleman
(puiritinjr to ReaMOu) stiibbiitg^ my master with
sM his miffht »nd tuain, and be on \m buck on
the floor, liftini^ up bis bands as if he be^K^ed
for nterey. The other baih<r had hi;* back to-
wtirds ine, staodioif by the side of my ma'iler ;
1 ran to the door and cried on t murder; then
off went lb*? uiiitoj : 1 wns fiii»h toned, for I
thought they had shot after me ; and to about
two minutes' there went off another.
Mr* Hungerfm-d* In that place where your
master was, could he come at the pistols ?
Hetter, No, my master had hts two handa
UHed up thus.
Mr. Hungerford. Had your roaster any
thing in his haudf — Hester. So,
Serj, Chahire. What condition did you
leaf e your master iu when you went out ot the
room ?
Heslcr, He was upon the grotmd on his
back| and his two hands hfted op tiius, and
Mr. Reason stabbing him when upon the
ground ; he stabbed him upon the hi\ sole,
8erj. Cheshire, I ask you, couHider, by the
oath you have taken, whether the pistul did go
off till after you had ]el\ your master, and he
was stabbiug of him ?
Hester, It was after that I saw him, within
two minutes atler, upon my crying out murder
the people came up stairs.
Reaaon. How long was this after Tranter
came? — Hester. Immediately*
Reuson. Flow long was it after Tranter cams
in befure you saw this?
Hester. Not long, all the action was not
long.
Mr. Strange* You did not observe where tlie
jiislols lay ? — Hutcr. No.
Mr, Utrange, Did you oliserfe your master
had any thin^ in his hand?
Hester* No, I dal nf»t.
L. C, J, Did you see your master when be
went (Hit in the morning ?
Hester. No, I hesrd him,
L, C. J* You saw him when he returned T
HeHer, Not tUI ho was up in the dining-
room.
L C. X Had yoor msMer any sword oo ?
Hester, I beliete he had« I did not mind.
J*. C. /. When your m sister came in and
Reason after him, v"« hrard your master tulk
of un arrest, and that you had the cunosity of
hi ariii^ whut pii^M^d betwei'o ihvni ; did you
heiir uiiy W(»rd» ut bent orpa^siun?
Hestrr. N«», my lord, I heanl iiiy master
talk somethtn^, hy which I understood my
niHSter wa»k»rTe5«ti'd.
X. t\ J, Did your mwsler ^e^-m angry ?
Hester, Yea; becnnse ihey seemed so tin*
ci%il, ibst they did nut come and give htiu
oottce of it.
Mr. i; L Y^ou wiy you ^aw your
imstrr^. »ari, csii you guess at tb«
quantity ul tV i — iia«f • No«
1
4
<
1
«
83]
8 GEORGE L Triai ffHugh Reason and Robert Tnader^ \Vk
Mr. Hungerford. Can yoa tdl for what par-
pose slie was tellinir ^lio money P
Serj. Cheshire. Did you bear Nr. Latterell
apeak to bis lady to fetcb any money P
Hester, 1 was not in the room.
Reason. Did I stay in the room by myadf
when your master went up stairs P
Hester, Yes, you did.
X. C. J. And when he came down he bad a
case of pistols P
Hester. Wiien I saw him he bad them in
his band, and when 1 insisted upon his Uyin^
tliem down, be came and laid them down on
the table by me.
Mr. Hungefford, When did jrour master die P
Hester. He died the nig^t following, 1 was
with him all the time.
TTiomas Waters the waterman sworn.
Reij. Cheshire. Thomas Waters, will you tell
my lord and the jury what you know on the
occasion of a noise and crying out murder at
Mr. Luttereirs lodging.
Waters. AIv lord, I was at the water-side
wlien capt Lutterell came down to go by
^ater, I went down to carry him, there two
men crossed over the way to him ; I was gone
down to my boat to wait for him, but he not
coming down, I came back again, and seeing
them go into the house, I went to the water-
aide, and staid there some time, and the lad
running out of the house, and crying fire,
munler, I run up, and run into the door, and
when I was about halfway up stairs, " Lord,"
says the boy, '* they are murderioff my mas-
ter ;" I run to the stair-head and heard the
pistol go off, and then said to the boy, is there
any more pistols P Then I opened the door,
and went in, and met Reason with his sword
drawn in bis hand, and as he was putting it in
it stuck.
Seij. Cheshire. Where was captain Lut-
terell P
Waters. Laid down on the floor, all in his
gore ; when I came into the room the young
man followed me in ; 1 saw one pistol lay upon
the Ubie ; Tranter was behind Reason, Rmlsou
was putting his sword into his scabbard, and
it stuck ; and as I came in Tranter shewed
nie his hand, and said. See how I am used ;
Reason was opening the door ; 1 took hold of
him and said, You must go no further, here is
murder done ; then the constable came in, and
I charged the constable with them. The cap-
tain's sword was in the middle of the room
broke, he lay on his right side with his arm on
(be chair.
Serj. Cheshire, flow far was the table off P
Waters. Tbe whole breadth of the room ;
he lay just before tbe fire-place ; 1 saw but
one puiol ; 1 came in when the last pistol
went off, and 1 met Mr. Reason, and put him
by with my hand, to o(»me into the room.
' Trcnter. What wound did you see me
have?
Waters. No more than in your hand ; he
diewedinaliishand.
X. C. J. Did it appear to you upon
on his hand, that he had receiTed a
his handP
Waters. Yes, my lord, I belieTe he was
wounded, because he shewed me his hand, and
it was bloody.
Tranter. Was my bead broke?
Waters. 1 did not see that.
X. CJ. J. When you came into the room yoa
saw bnt^ooe pistol?
Waters. 1 saw but one, and that apoo the
table, just as I came into tbe room.
X. C. J, How far from Mr. LutterdI wasitP
Waters. 1 bdicTC three yards.
L. C. J. How far ftom the priaoner, or
either of them ?
Waters. The prisoner stood by the table, as.
1 came into the room.
X. C. J. Was the sword in the scabbard tket
was broke?
Waters. It was out, and please yoo, my
lord,
X. C. J. Whose sword was it?
Waters. It must be the deceased's, becaott
tbe other bad his sword .with him in his hand
drawn. I saw the blo<id : I desired the eon*
stable to draw the sword, and I saw it bhiody
a good way.
Mr. Peters sworn.
Serj. Cfteshire. Mr. Peters, will vou tell my
lord and the jury, whether on the 17th eif
October Ust you was sent for, and by whemf
Peters. On the 17th of October kst, I
think it was in the forenoon, about 19 o'dock,
I was sent for to Tisit Mr. Lutterell ; the mee-
senger told me he lay expiring : I came into
his room, where I found him on his bed, in a
wounded condition, and hmguishing of hie *
wounds ; he seemeid desirous, that 1 would
pray to Almighty God for his soul, for he be-
lie? ed he had but a little time to cootiBue in
this world, and therefore he desired to make
tbe best use of it ; I was ready to assist him^
and desired him to consider how far he might
be instrumental in bringing this misibrtone ea
himself. I desired him to consider, that as s
dying man great weight would be laid on Us
wonb, therefore if be said any thing net
strictly true, he might iuTol? e innocent peepis
in the guilt, and the punishment: theKtbre I
desirecT him to lay his hand upon his heart and
consider.
He told me, *< As a dying man, as he ex-
pected to be tried for this very fact at the her
of heaven, as wdl as the persons who bed
injured him, he assured me he was murdered
in a barbarous manner.'** Afterwards came ia
* Concerning tbe admissibility as evidenne
in cases of murder of the dying oeclaratiotts if
tbe deceased person, Mr. East (Pleaaoftlm
Crown, c. 5, § 194), saya, •• Besides the mmA.
evidence of gnilt in general eeaei of Mem
there is one kind of evUcMe nmra nsadip*
tbe case of taueideb wUdk m ths dM^
€f the
«3]
JIft ih€ Murder of Edward LuiiereU^ wf . A- D, 1722.
mmChmn^^ a ItajIsfT in the same street, and
imawA nm to pat it home to him : I tlid ; u^Hm
whkk be iii«^e itie i!ie same nnswer, ** Tliat
W «i» kartNVtMKly mtirJerPil ;'* he ^%ttIitetl
i|gntt, or wouM liare eKt»refi^t^«) himself more
fali|r : OB Ibis 1 pmyeJ by him, udU when (
hct iUcif, and the party hy whom it was
iMiOed* £vitlence of* this sort is uitmissible
Ia Itbii Ckfle Of) the futlet^t tiecessity i for it ofttn
that llitfue is no iliiri!! perion present
m eye-witnewto the fact, and the usual
■llMaim ulher felonies, namely, the party in-
jmrihamtrH't is gotten rid of. 'But in order to
•ft far as possihlCf the purity and
of such eTideoce, it mu^t appear that
~ at the time ot making 8ucb de-
wa3 conscious of hU ijaoger ; such
being constdered as equiiralent
tolbaBBCtkvo of an oath/' [and as not greater ;
tf (be testimony upon oath of any
(mm of an attainted convict) %Ton1d not
eiit iM> neither shall hif; d^in^ de<:bra-
See George Drtimmond's Case, Oh!
Sppiember Sessions, 178i. Leaches
niCruwn Law. — Upon the same prin-
d^v il wmy be conjectured, that the dyhifz
JM^iiHiiiiiiiiiM of a {>erson, of whom it should
le ^rofvtl that at the time of makings ihcrn,
it fid bOl believe In a future slate uf moral
would not be received], '^ imd that
mmM be dis(>osed under such cir-
to belle his conscience: none at
bmd Aiy sense of rehgion. But
need not have been ex-
by Ibe deceased ; it i* enough if it
rbl he collected from circumstances, and
Comat ftre to jud^e of tht< consciousness
tit the admission of this sort of testi-
la eosfbrniity to tlits laxt position, it appears
lb«l in Mari^rel Tiuckler^s Case, Durham,
mi, (HV. £ut PL Cr, ub. Slip, from MH.
Gaold, J* md MS- Crow n Cases reserred) the
wlietber her declarations were made
m OOGSciOQsness of her dan|«er, was ujmu
aiupit* oi execution referred to the determi-
of tbe judges.
agmtii, in Thomas John's Case, Car-
8pr. Sess. 1790, (ciL £ti9t PI. Cr. ub.
M8. Buller, J,) the Court was of
thai the evidence of the stiite of tlie
wS^M bedtb at the time the declarations were
suliicient to shew that she was ac-
M| dying t and that it was to be inferretl from
ite ibe ivms conscious of her situation : and
direction was given to the jury
siabi«ct. The jory having found the
l^itiUy, this point was (among others)
|o the judges, wbo at a cootcreoce in
Ttmiy 1790, all agreed thot it ought
bo M\ to the jury to say whetht^r the
Ibooght she was dying or not ; for
be decided by the judge before be
lb* erideDce,
Asd<gttin, ID Ueorv Wdbounie^s Case^ Lin-
' " a?>3, (cit, EmI PL Cft ub.
[96
Itiid done, X took m}* leave of him,. In about
an hour afterwards I was sent for agaiu ;
when 1 came there, I met Mr. Vernon and
Mr. Uaynes, justices of the peace; one of the
justices gave Mr. Lutterell liis oath, and them
being no clerk there, desired me to take hit
sup. from MS. Bugler, J.) though at the trial
the jndge, (Aiilihurst, J.) left it to the jury to
consider, whether from the whole of the evi-
dence they were satisfied that the deceased, at
the time she made the declarations, was con*
vjneedof the dani^er of her situation, yet upon a
reference to the judges in Michaelmas Term,
1792, they all agreed, that whether the de-
Cfiiiiied thought herstlf in a dyin|f state or not,
was matter to be decided by tne judge in order
10 receive or reject. the evidence, and that that
point should not he kft to the jury.
It is not stated from what principte thin doc-
trine was deduced, which is to be regretted,
since It may li« thought that the question,
wh ether at a giTeii time a person did or did not
think that his death, was at hand^ is a luere
question of fact, perfectly distinct from any
[lomt nf law, and perfectly free from any mat»
ter ol legal inference; and accordingly in
the cose last cited, it has appeared, that at
the trial the judge left the consideration and
decision of it to the jury. 8o, too, in the Caso
of Wrlham Woodcock, who was tried at the
Old Bailey, January ^ssion^ 17B9, before Lord
Chief Baron Eyre"; present Mr* Justice Ash-
hurst, and Mr. Serjeant Adair, Recorder. (See
L^tch'sf Cases in Crow ii Law). The j udge, no*
ticing a doubt^ whether a certain examination
upon oath, taken by a uaagistrate, of the de-
cefised, was such a defiofiition as could l>e read
under the statutes of Ph. and M. eicpressed
himself as follows : '^ My judgment is, that in*
asmuch as she wa^; mortally wounded, and was
in a condition which rendered almost imme-
diate death inevitable, as she was thought by
every person about her to be dying, though li
was difficult to get from her particular ejcpla-
nations as to w hat she thought of herself and
her situation, her declarations, made under
these circumstances, ought to be considered
by a jury, as being made under t*he impressioa
of her approaching dissolution ; for resigned as
she appeared, she must have felt the hand of
death, and constdered herself as a dying wo-
n»an. 8hc continued to repeat the tacts she
disclosed, rationally and Dnifonnly, from the
moment her senses returned, umif her tongue
was no longer capable of performing its ofhce*
Declarations so made are certainly entitled to
credit; they ought therefore to he rec^^ived in
evidence : but the degree of credit to w hich
they are entitled must alwavs be a nialter for
the sober consideration of the jury, under ail
the circumstances of the C4ise."
As to the respective provinces of judges and
jurie!!, 6ee vol. 6, pp. 967. 992. BusheU^s
Case, 999. lOVi ; the modern prosecutiona
prior to the Libel Act (stat. $% O. 3, c. 60),
aad particularly the Case of Fnuicklift» *« i».
\
27]
« GEORGE I. Trial of Hugh Reason and Robert Tranter^ [28
words ia writinsf, which I did ; the words were
these ; '* The bailiffs took the pistols from my
table; they fired them twice; the fat man
drew his sword ; and run me into the bodv
with his sword; and then drew my sword,
which I broke in hi^ band, and be^ed for life ^
1731, in this Collection. See, too, vol. 8, p.
d6; vol. 11, pp. 37^, 373.
The Statatum Wallise expresses, < De Officio
Coronatoris ;' ** Eritque oflioium ejus, quod
8t<itim post(|uam ab aliquo requisitus tuerit ve*
nipudi ad videndum mortuum iuterfectum per
feloniam, vel submersuro, aut quocunque alio
modo mortuum per infortunium ; et eliam ad
videndum hominem euormitervulneraium, de
cujus vit^ desperatur ; quod statim raandabit
vicecomili vel oallivo commoti, quod venire fa-
ciat coram eo certo die et loco omnes duodecim
annorum et ultra, de vill£^ ill^ in qu& casus con-
ti^erit et de quatuor villatis propinqiiioribus, et
quod per eorum sacramentum fidelii^r, caut^
et secret^, ac diiigent^r inquiret de leloni&, de
felonibus, et eorum catallis, similiter de facto,
et de modo facti, videlicet quis fuerit culpabilis
de facto, quis de vi, et cujus modi vi, quis de
pnecepto, seu missione, quis etiam de recepta-
mento post factum, et de catallis eorundem ho-
ininum qui per inquisitionem iade culpabiles
iuventi fuerint."
<< This branch of duty" (the attendance and
summoning^ a jury in case of any person's being
so severely wounded that his life is despaired
of) ** in a coroner," says Mr. Barrington, '< is
now totally neglected, as his proceedings are
only * super visum corporis :' it is a regulation
however whiph deserves much to be revived.
And 1 should conceive that this attendance of a
coroner with a jury when a dangerous wound
had been received was to prevent the dying
words of the person murdered from being evi-
dence" [quere the precise meaning of this,]
** as this kind of proof though allowed at pre-
sent cannot be too cautiously admitted. It is
presumed indeed that the words of a person
expiring cannot but be true, considering the si-
tuation uudec which he gives the information.
But may not a dying man, though a good
Christian, deprived of expected happmess in life
by a wound received perhaps from an enemy,
rather wish his punishment more eagerly than
he should do ? and may not those about the
dying person, who are generally relations, re-
peat what he hath said more strongly on his
trial, than possibly the wortls were delivered?"
Observations on Statutom Wallie.
Concerning the admissibility, under the
Scots law, ofevidence of Dying Declarations,
I find the following passage in Mr. Hume's
* Commentaries' respecting Trial for Crimes,
▼ol. 3, pp. 237, et ug.
*' In cases of murder, oor judges have aU
ways admitted evidence of the dying declara-
tion of the deceased, even though purely verbal,
•dA sdll more if redueed into writing by toy
1 neitlier fired a pistol nor
they both run me through ;
them the money." I think
words he said. AAer this
again, and still desired, that
any thing to the charge of
made one push ;
1 offered to pay
these are the very
I praycHl by him
he would not hiy
people that were
creditable person, with respect to the manner
and guilt of his death ; justly considering that
such materia] testimony, and given on so try-
ing an occasion, is of some weight in the scale ^
ot evidence and sound reason, as a circum* '
stance and presumption of guilt, though not to
be received certainly as of equal value with aa
oath emitted before the assize. This doctrine
has the sanction of many precedents in va« •'
rious forms. In the case of William Ross, Fe- '
broary 16th, 1719, the interiocntor sustains this, <
among other articles of presumption against ^
the pannel, * And upon carrying the pannel to ^
the defunct's house, he the said defunct, whca v
on death -bed, U|M>n seeing the pannel, did do* >
dare that he the said pannel was the persoa ,«
who gave him the wound.' The libel against vj
George Donakl, August 4th and 11th, 1730, '-^
relates, ' at least at the time and place afore- 'i
said, the said deceased Robert Stewart received -i
a wound in the bell v, of which in a short space < j
he died, and upon the noise made by the firing ;.
of a pistol, one of the neighbours running in* •.
mediately into the said house, saw him the said ^j,
George Donald, with a pistol in his hand, x
which was smoking, and fire on the breast of \i
the said liobert Stewart's clothes, and havinr y
opened them, saw ane wound bleeding, ana \
beard tlie said Robert Stewart say, that he the «,
said George D«)nald had shot him.' Testimony >,
was given to this material circumstance, not* |
withstanding the opposition made to it by the <^
pannel. Indetnl, in such cases, the dying d^ 4
claration is properly a part of the fact, or story. -.,
<* The indictment of Norman Ross, mskes the ,1!
like charge in these words : ' And she being yet *.
able to speak, declared to the persons pre- ^
sent, that he, (Norman Ross) was the person ^'
who had done that bloody deed, and directed ,^
tliem to look for the knife, which was accord- ,
ingly done, and found behind the bed, besmeei^ .'
ed with blood:' And these things weut to ^
proof without objection. The like was allowed ^
in the trial of Nicolas Cockburn, August lOtb, ^*
1754, for poisoning her stepmother: A siir- '
geon who attend^ the deceased, and Mr. ?
Duudas of Amiston (afterwards lord president ^
of the court of session,) who had acted •■ n *||
justice of peace on Ihe occasion, deponed et ,
large to the account which the deceased, in her ,,^
illness, had given them, of the violent and sad* ]
den manner in which she was taken ill ; of the ^J
pannel having prepared breakfast for her ; of ^
the various shins and subterfuges which aha J
used to avoid detectiou ; and iu short, of her ^'
whole grounds of belief, that the pannel wee ^
the cause of her death. There is another ceee ^
of murder by poison, August 9th and lOlh ^
1755, that of Andrew Wilson, who was tf led ||
for poiioning lue wife ; end tlien the libel j|
B] j6r tie Murder ofEdxmrd Lutterellf esq.
i«t fnOiy : I lell him tben, «nd carne ii^abi a
Ibipi tnnVf
A.D. 1722.
f38
•nd as I wiui pruyintt by liitvu he
rtir, arift nskeil me^ W it was tiol
iciipir to FP^oeive ibe holy sacrament^ which
W «•» 4e«triMis to do: 1 asked hiin, if ever
h^ liati reerited th« ncrament ; he totd nie
l» batf t I d«^ired him to consldtTt and lo
•■Milivifi I |iyt blm into a method ; I told him
a* ikm^ which was necessary, which perhaps
%etf¥ii^like inip^atrbmenl of the piiRnel, hy
iWlRfim*! Hjwti her de*lh*bed, thus : * And
1ilar»i Ljd HI ifCj during hc^r said last
ik^ e pr&««uce and hearlogf of se-
l|eTVii^« txjftfss silrong aiiJspicions of your
jfMooed her with the said drink.* Last
f owv i»pp4*al to the noted trial of Muns^o
, Februiiry S6tb, 1770» where Mr»
r, tt«e surg^eon who itlended lord EtfUn*
«i*« hi'* flrj&lb hed« g^ave evidifnce of bis
»mtitin» wiih r(^Kp€ct to the (>ccii5ioti
ring* ibe mortnl wound »
Ligr||,t'rc)fn their nQlure.cases of murder
i trec^tietit, they lU'e not, however,
i« skIv caiw^i in which this sort of evidence
mty btVfat>)oy ed, a$ appears from what passed
h Uie Utal of J amen Mat:gTegor, Augii-,t
H 1TS3, for the aMuction and fori^ible raarry-
m^oiJema Key. After being recovered out of
A0 pattiitil*s bands, and placed with a relation
if Mr OWO4 that unfortunate young woman
Mm tbe ^th of May, of her own acijord,
MB into the presence of two of the judges (tlie
M ^^iistser-eieik aod lord Drummore,) and
W ffifal^ly related lu tbeni the story of her
Mfoififg^T wliicb was duly taken down in writ-
mff-f mmI slie had afierivards, in presence of
teCoufi, eonfirmcd and publicly adhered to
Ikii 4ecSimtiofi. But at this time &he was in
ai iftAmi aitd languishing condition, in coo-
ef Iht! ^ievuus outrages which she
foficfrd ; and she died before the libel was
tt^fwi the author of her dlhrresses. To
Mf^t therefore, as far as mii<lit be, this ma*
~ * ' 4tSkt% llie piTrteciitor Hbelled on these
of ber's, as meaning 10 prnduce
\ hf wmf of evidence in the iriaL Accord*
iiflf , mtUft bearing counsel, the Court allowed
iM IP be ii«ed as circumstances of presnmp-
!■ agttiiit the pannel ; and they were again
fnime^ Auifiist 6lb, December 97, 1753,
Hlbeinal of Robert Mae«rrt*gor, ibe associute
#laiiei ill this atrocious enterpnze.
* 4i irsiimonieiiof ihii^ sort may thus serve to
^iq|i|irfli tl>e case ag^ainst the pannelf ro may
ivf dotthtkftfa be referred to on bis [Mirt, iriih
i|Mi cralit, AS ^f^t as they are favourable to
l» ijfaici. Kucb BU appeal was made, and
f(»f», in the trial of 8nmuel Hale, a
'1 accidentally stmt hi"* comrade,
1 d, in the course of some sport
:f on between tbem. It was
e that the deceased, when sup-
hitt death -bed,
mis: ''That he
Girt
.e fr
:^
cs
liiut ^,^..«Mu^^ i^<iic, panneli knew
: fkw WIS ioAdcd, tnd tliut he free-
he might come into with relaclanee, and that
was charity and forgiving his eneraica. ] told
him be* had been hardly dealt with 1 lietieved,
)'et it did behove hiin, us he diett a Chri^iau^
to forgive them : he lold me be did lbr^''ive them^
and be hoped Almighty God at the last day
would forg-ive their indiscretion ; he died bqiho
ttme afterwards^ but th'u in so doling a condi*
tion, that f could nol attend him lo any pwryme,
ly forgave bim, and stretched forth bis baail
aod kissed hiui^ and said be believed he mean4
bitD no barm, and that the same was acci-
dental.' Hale, in consequtmce, bad a verdict of
acquittal » Though not attended with the sam^
Wtieiit la the puna el, the like eiidence iu a
written form was allowed in the trial of John
Dowuie for murder, December 12tb, 1774,
who prudiiced the dying declaration of the de-
ceased, tiiken down before witne^es, by the
minister of the parish. In one instanoe^ and I
believe in one only« a pannel had been allowed
to avail himself of a testimony of a more un-
usual kind. In the trial of Alexander Heid, m
revenue officer, for murder, March 15ih^ 17fti*
be founder] on the decliiration betiire a tuai^is-
trate, of John Faiquharson, also a revenue
officer, and one of the same party, wh4> had
likevtise been accused of the murder, but was
DOW deaiL But this of allowing a deceajed
culprit indirectly to s;ivc evidence for another
culprit on his trial, cannot be considered any
otherwise than aa an exii anrdiLtary indulgence,
which vva.s owing only to the lord advocate's
crnii^ent, given on account of the particular cir-
cumstances of the case/'
] n Aveson v. lord Kinnaird, d East 1Q8> it
v,3ih held that in an action by the husband upon
a policy of insuianee on the life of his wife^
made by her when lying in bed apparently ill,
stating the bad state of her health at the period
of her going to M {whilher slie went a fe*r
days before, in order to be examineil by a sur-
geon, and to get a certificate from him of good
health preparatory to making the insurance)
down to that time, and her apprehensions that
she could not live ten day? longer, by %vhich
time the policy was to be returned, are admis*
Bible in evidence to shew her own opinion, who
best knew the fact of the ill state of her health
at the time of effecting the policy^ which was
on a day intervening between the time of her
going to M- -, and the day on which such
declarations were made : and particularly after
the plaintiff had called the surgeon as a wit-
ness, to prove that she was in a good state of
beahh, when examined by bim at M- ; bis
jutlgment being formed m part from the salb-
factory answers given by her to his enqniries.
And in the same case, lord Ellen borough
mentioned a case of an action upon a l^ond, in
which Mr. Justice Heath permitted evidence
to lie received, that the attesting witness l»ad in
his dying momeota^egged pardon of heaven
for having been concern^ in forging the bond*
See, also, Wright v. Littler^ 0urrow, 1565,
'cited by lord Ellenborough,
8 GEOHGE I. Trial n/Hugh Reason and Rohtrt Tranter,
Mr. Hunger ford. Did be siy toy thing-
I'iibotit wbo Bred the piblol ?
Fetert. i meniioneil k to liim ; wl»rii I
[ttikerl him, if he had Bred either ol llie ptHU«ls%
1 1 tuhl hiinoneof the iiaihff^ viii« uoundiil,
(ant) that there were ifvo hnlls takni out of hh
lliarid ; he assiured me, as he vfnA a dvitig mati,
, lie fired uf tther of liw pisiol-t.
Heusoft* Did not he confess that he bad
binike CHIP of their headts ?
ttUrg, No, he did not say be broke one of
freir heads, nor dti y thiii^jf hkt- it ; «o far from
that, that he said he did not deujg'u to hurt a
buir of their heiids.
L,C J. I ihiok, Mr, Peters, you Ray, when
r^ou came there you met uiih two justicei of
T'the peace, Mr, Vtinon and Mr. Htiynei!, and
pt>ecau!»e they hid no rli-rk there, they (Jeairetl
70U t<» take the esuioiinaitoii.
Pet en. Yea, my ioi-d, t diil lake it.
8erj. Chahire, My l*>f*l, I ajiprebendei! we
^hid it ready to prodace, or else 1 hud not
ned it ; but upon my caltio*' for it, I am
Kiold, to my surprise, that Mr. Veruoa hath it,
■snd be tn gmw intn the country.
Fettru, i hare a copy of il.
i, C- J. We must have the orii^naU
PeUrt, My lord, there ia a copy of it in my
^onition before the coroner.
L* C* J, la Mr. Haynesheref
Mr. Haynet called.
L. C* J. You have g^iven an accoutit of the
E^xamltialioti of this gentleman, first before the
IcHergyman, at\crwarfis bt^fore two justices of
the peace, hi^ examination is taken and reduced
into writing, and if it was reduced into writing*",
by tlie rule of law, ufile?i8 yon shew you are
ditiabled to do it by aouie accident or other, you
iDU^t produce that \t riling^.
Mr. Reeve. I am very much surprised^ I ap-
^prebeiided they had the writing ready in Court
'to produce. My lord, Mr. Elaynea will inform
you.
Mr Hflj^tief sworn,
X. C. X Mr, HavEies, we have been in-
brmed by that geottemao that stands before
^ you, the [oifiister, that upon hearing of this
uuhuppy accident, you and one of your bre-
threu, Mr. Vernon, came there in order to en-
quire itiio the matter, and lake the examiiiaiion
of the prijiooera ; did you do it ?
Ha\/nes. My lord, on the 17lh of October
last, the pri»oner0 at the bar were brought be-
Ijie me, and charged with the murder of Mr.
Lutterell ; 1 undenttood Mr. Luiterell was not
' actually dead, so Mr. Vernon, another justice
of the peace, went with me to Mr. Lutterell '■
lodging, and there we found him in a WQiry
weak condition, but iiensibtc ; \^c adminiitereil
the oath, to order to take the information in
form ; Mr. Vernon and the mininter were
lb ere ; my bearing not h^nic ^ood, Mr. Ver-
•CD exammeii him i but before they could per-
feet bis examination in lorm be fainted away,
Mffd ctfold not g9 9u : Ibeii we went to my
hou^e, where the prisoni^rs were, and exa-
mined them^ and afterwards committed them.
What the deceased said to Mr, Vernon and the
trunistpr 1 did uot hear, so can give on
count of it.
]%tr. lieete. B%d you a paper taken ?
Httytirt. There was a paper taken, but J
was iiupertect.
Mr. Keete. And 1 think that is not in ya
custody, had you the paper ?
Htij/ttrs. No, I httd it not,
Mr. Reevf. Do you know where it is ?
Jlui^nti. No« 1 do not.
Peters, I jfQve it to Mr. Vernon, and
tainetl it of him to shew the coroner, and 1
terward>i 1 |^ve it him again ; 1 took acapy'
of it.
L, C, /, The copy you took is from ihm
pajier produced to the coroner.
Mr. Hecre, You were examined before th#
coroner ?
Fcten. I brought the original paper to the
coroner.
Mr. Ki'rre. Whether that, which ia me
tioned in your affiilavit betore the coroner, '
a copy from iheorig'inal paperf-*Pc:<rrf.
Mr* Rerrc And did you examine it ?
Pfietx. Yes-
X. C. J. We must have the original.
Mr. Httngerford, We hope we may Hal
liberty tu read the deposition taken before the
coroner, if what the gentleman says be so ; he
saw the examination taken in the presence ef
the justices of the peace, and the very paper«
the ^\ord» of the paper, are containei] m the
deposition taken before the corouer.
L. C* X That won*t do, you have not tite
examination of the deceased. This is ill done
of Mr. Vernon, he on};ht to have taken care^
and attended here, and had the examinatiOQ
before the Court, and without that we caniiot
arrire at the truth of this case ; I doabt yen
must tav aside all the evidence of this gen*
tieman tor want of t}ie original examination.
Mr. R^eve. We must stihmit it to your lord*
shipf as to the oonfesaiou, that part of it that
is not contained in the examination^ which was
not proposed to him at the time of liis exami-
nation, whether that is not evidence; there are
two or three things he gives an account of, that
he said before it was reduced into writing. Bui
suppose we cannot have the beneBt of the exa-
mine] ti on, yet the discourse that was had with
the deceasied at another time, whether we may
uot be admitted to give that in evidence, we
must Rubmit it to your hirdship. But suppose
no examination hud l^een tuken, we humbly
apprehend what he said wouhl be proper to lay
betore the jury. Therefore when he gives an
account of what be suid at another time tbaia
that of his examiiintion, though we cannol
produce what he suid at the time of hia exami-
nation, yet we may give in evidence what he
said at other times. There were two ftiher
limes which be gives an account of, Ihe tirst
was, wheu he was sent tor to pray by bim,
and one Church ctme in; be theu declared tm
SS] Jbr the 'Murder of Edward Luiierdlf esq*
dying man, he was barba-
tke vorda of a
nuriy murdere«!.
L. C. J. Vnu IcDow in the codrt of Chan-
ecrr, when the party » examined on his oath,
he ei%C9> id a first answer ; anil on exceptions
tikfD tfi it, be i^veM in a scicond, and so a third ;
ill ibe<c are taken but as one answer and entire
cni'eaHsioa nl the party.
Nr. R/ere. Here is not an examination he-
fon- 1 proper officer.
L C- J. Y'cni are to be heard no more to it,
hicv>« %ou ou|j;'ht to produce it.
St. Rtcve. 1 am sure it is a surprize on all
Mr. Hungerford. As to us, we ha?e the very
flKJ««»:tiu in our brief, and I believe, if we
k*l I <vii<rht it cToiihi not have been produced,
veihrt'iHl n'lt have opened it.
L C. J. And there is to<» an examination in
fBi; that oiK^ht not to be, and the person
lbi«/l it uij(*ht to be censured ; are juries to
hi prfjnssie^isiiti ; here is a priuted pamphlet,
vk^ the title is, Mr. LuttereH's Cry for
JiMice.
Mr. Hunger firrd, I never saw it, but am
liU h i*i luu&c in favour of the prisoners at
Skew.
L C.J. If the examination is true, it ought
li ^ pTixluced, and the prisoners oui;ht to
CDnef^iriy to their trial, and, if guilly, God
fcriul but they should suffer, but not by pas -
■■aie insinuations in print ; and it is an uu-
IMerdeQitrd thing, and if it comes out who did
^l«liaUtake a course with them: it is a
Hi of preveniini; all manner ot justice.
ftr Hatifierford. No doubt it is a very nn-
Ktbinj^, aiiil unuarrantahic, no more to be
tlian otlicers are, vilien, under the
ar of J4jfttii*e, iliey shall murder a gentle-
I at his own IcMiginsif : htit as to the case in
ery, fiist, scctMid, hikI lliinl answers are
Ik out* answer. I »p(uk it with all deference,
VfceUier that be the same case, I he uonis that
hsdid ddi%er at oilier times, W\\v\\ the jiislires
Mc not present, whoii he was a dying person
a ihr brink of eternity, and then said the
■Be words ; and now this paper cannot be
pndocH, whether the words of the jiapcr may
Mlbeaihuitted as evidence, we huTubly suhniit
llli your lordship; and we ht-lievc the wit-
Wami wiJI give vuii an account of what he
ttiiat«Mher jierioils of lime, when there was
•i Oauiinatioii in writing, which was only
^km the justicfss attended.
Im C. J. Give an account how it conies to
fn^ that }ou have not this cxuininatiou to
, that was in ^iritinji^ ?
Mr. 3/z7cAc// sworn.
Mr. Rerve. Will von give an account of this
C,aiid wlieiher there hnii heen any appli-
made to get it, and why it is noi here?
'%cAfi/ 1 calle<l at Mr. V rrnun's. hut they
■t be was ^one into the country, and he
M ftjud any one place, which he iMit du-
hay 4td noi know w here to send to him.
tSm J, Here is a printed narraiire goes
XVI.
A. D. 1722. [34
Do you know who was tha
about the town,
author of that ?
Mitchell. No, my lord, we have been en-
quiring in order to prosecute the person ; I
have asked the widow, and Mr. Keat her ne-
phew, and they say, they know nothing of it.
Mr. Hun^erford. It sots out with this fact,
that the deceased struck first ; anil if so, it is
very reasonable to suppose, that this paper was
done rather in favour ot the prisoners at the bar,
than of the prosecutors.
L. C. J. The justice of peace that had not
the examination doth appear, but he that hath
it is out of the way. Mr. Peters, how many
times was you with the deceased ?
Peters. Three times; at 12 o'clock, about
an hour afler, and about an hour after that, the
third time.
L. C. J. When was it you retluced what
he said into writing?
Peters. The second time ; the third time I
administered the sacrament.
L. C. J. And when you examined him the
first time, and afterwards a second and third
time, the design of that was to perfect the exa-
mination which you took the lirst time, and
then it is all of a piece.
Mr. Hungerford, My lord, the third exami-
nation was atler tli^ taking any thing in writ-
ing ; when he took the sacrament on the so-
lemn occasion, he declared, &c.
Just. Powis. The last examination, there-
fore, was an advice to a forgiving temper.
Just. Elf re. Mr. Peters should declare what
he said the first and third time.
Peters. I pressed him to consider and recol-
lect whether what he had said was true ; he
said it was.
Just. Ej/rc. What did he say the first time ?
Pe/ers. The first time he told me, ** he was
barbarously murdered :" As I told you before,
there came in one Church a bailiff, and then T
put him to conhider, whether he was not ac-
cessary to his own mislorlune ; to \a !iich he rc-
turneclthe same answer, " Thai he was harhar-
oiiiily murdered, that he did not draw his sword,
nor fii-e his pistol."
L. C. J. Did you ask him about any blow,
or provocation ufivtn ?
Pctcjs. I a-ki»d him, to which he said, " lie
did not design to touch a hair of thefr heads."
J-.. C. J. I must coi.fcs*;, for my prirl, 1 am
not cntirt'iy snlisficd: Mr. IVlns at his first
coming exainin's him, ainlaf'i^r ili^t ho ('(^urs
to liini a second time, ami then h- U »xnn!ined
in the presence of two ju-?tices of the peace,
and hy their aulliority ; and he sovstiu' inlunt
of that was to perftct the first txr»!nin?.!inn ;
and beintj socxannned a si.Tond liuio, his r\a-
mination is takon in wilting; wlu'lljor rr no
the first and second do not make an entire exa-
mination, and so that ym cannot pn»d»u'f the
fnvst without tho seroi'.d ; 1 ujake no dfMibt
it nii;;ht he prodncrd, if tlierc Ind not lieen u
second; hut hi' that t xaniinrs liini fir-.t, exa-
mines him afterwards a second iImv, in (»«ler
to j)erfect that examinution yuud when he doth
D
8 GEORGE I. Trktt of Hugh Reason and Robert Tranter, [S8
mioation. Now, really, when all this is done^
the examination of him before the justice, tdcen
in writing by the san)e person that enquired
of him before, and all this done in order to per-
fect and consummate the examination, whether
jrou will not take them both together as one en*-
tire account gi?en by the dec^sed ? He gives
the account, he gives it as true in the presence
of the justice ; they were not present the first
time, but the same person that asked him the
first time, iie asks him when the justices wera
there, if what he said before was true, and on
that an account is taken in wnting : now apon
this, wiienthereisan examination in writing in-
the presence of the same person, and « hen they
give you no reasonable excuse why they Jo
not produce it, there ought to be the less cre-
dit given to them.
Just. £yrf. 1 think there is the less credit
given, because the examination is not pnMlucedg
however it is evidence.
Just. PowU. If they were both of equal vali-
dity you say something, but it is confessed on
all hands, that the second examination wm
more solemn and valid, because two justices of
the fieace were prevent, and there was the awe
of magistracy over the person ; and the second
examiuation relates to the first.
Just Fortcsctie. It is a hard case on the
Erisoners at the bar ; it is the confession of Hr«
iUtterell, and if they had that in evidence,
they might be compared togetlier; but they
not having that, I own, as to point of law, they
cannot give it in evidence : it b a great hard-
ship, but where it lies 1 cannot tell ; I think it
ought to be censured in a proper time. The
most material of what is said by word of month
is detained from us, and not produced ; but I
think we should allow what was said at other
times to be given in evidence, because the first
is no examination, because no justice of peace
then present ; so that the examination standf
distinctly by itself, and that evidence is to be
laid aside and not produced ; but shall we not
allow that to be evidence which he said at other
times, because he had an examination taken in
writing ? Therefore we shall hear no other
evidence, thef first was no examination, only
what Mr. Peters will take upon him to say
passed between them.
X. C. J. Go on with your evidence,
llr. Uungerjord, There can be no doubt of
the third declaration ; mv lord, the third exa-
mination was certainly the most honest exa«
mination ; as to the second examination, it had
the solemnity of two justices of the peace, one
happens to oe deaf, the other to be absent ;
whether what a man says just an he is going to
die, and on his receiving the holy sacramenti
is not to be regarded ?
Just Ej/re, He should distinguish between
what passed in the first discourse, without any
rtprh to what is contained in the second exa^
S3]
it, it IS reduced into writing: to me it seems a
matter of great consequence, if the first is al-
lowed without producing the second.
Ju^t. Ejfre, It cannot properly be called an
examination.
Mr. Hungerford. The first time he exa-
mined him as a christian, as a minister ; as to
Ihe second examination, Mr. Peters had no
more to do in it than a justice's clerk.
£. C. J. The examiuation uken before the
justice, was to confirm the former examination,
and upon that examination all was reduced into
writing.
Just. Eyre, That which is set down in writ-
ing if it be an examination taken in writing, of a
pnsoner before ajustice of the fieace, you cannot
give evidence of that examination viva voce,
unless the examination be lost; but what de-
claration or coni'ession was made at any other
time, may be given in evidence ; the particu-
lar exaiuinatiou of what he said before the jus-
tices, and was reduced into writing, cannot be
proved but by that writing ; but as to what he
said at any other time, the first and third time,
and not l)efore the magistrates, that may be
given in evidence.
Just. PowU. The great matter I observe is,
that Mr. Peters did say, he did look upon the
second examination to perfect the first, the first
was not so perfect, and then it was to be ascer-
tained by a second, and which they not caring
to trust to their memory put into writing ; that
writing indeed the justice of peace hatn ; it is
not produced, but if it be agreed that it was put
into writing, and after it was reduced into writ-
ing, it seemed to be all of a piece, so as plainly
to relate to what was done the time before, how
will they ascertain the whole, but by producing
the writing ? Then this writing caunot be seen,
tliejustice of peace hath it, and doth not come
here to produce it.
Just El/re, I do not know how to call this
perfecting the former examination, Tou cannot
call the discourse between him and Mr. Peters,
an examination, when there was no justice of
peace present ; it is not an examination what
passed between Mr. Peters and this gentleman.
It is always taken so at die Old HaiTey, where
evidence is allowed to be given viva voce^ of
what was said by people at other times besides
the time of examination.
Just Powii. What doth Mr. Petenmean by
peHectiug the examination ?
Peters. I beg your pardon, it was not my
' L.C.J. Not to differ about words, whether
this is an examination before the minister, when
the justices of peace was not there ; it is very
likely this minister came to enquire of this gen-
deman alwut the circumstances of his death :
after that, the same gentleman is present when
the justices of peace come ; thereupon the jus-
tices of peace desire him to take it in writing ;
be asks the same ouesfions as be did before,
and they are taken m writing ; be lakaa it, de<
iigning to make the firrt en '
tlMtttie to cbarije Ibe penen
Mr. Regte, Hr. Peters, yon hear the opi*'
BkM of the Court, that what paMK*d at the wrfl^
byef lUe payer yov vanst not lake any aotioe'
fir iAe Murder of Edward LuUtreU^ esq. A. D, 1722L
iC ^ i^re an aocoant of wbat passed at any
' ' ' ' ' 'ip before, I was
: time, ^lieti I
• Mtier I hrt<J ittlked
im in mind ofifeaih,
'" ' ■" tar Ue lia'J been
iry to bring^ tliis
.,.: .anl, ** As lie was
'I to be jtuJtjf'l at tlu^
Ijim barbarous*!),"* I
o^Hiii at tbo rccjiiest ofMr,
nrul tbe taM lime I came to
il ibc «iacramcnL
' rs, I dpfsire you to consi-
^sk him \vbether
i^r
ttilc him if be had g'iven
^ I K li be answered, ** Oe
ration,
i ubo giiTe the 6r8t
^^, i ij,A not*
Yo^u see the wound ; did be
u), it appears one of the
u the hoiid, aud it is pro<
rsoQ ill at diicharged that
li« avsured me» *' lie fired
1 "4 ; he tieilber drew bis
jtfof tbepistob.^*
tu 3 on bod this discourse with
luce itiulo writings?
i. ^> bill 1 reduced into wriiingf, waa
\y dr|90i»itii)fi, wbicb I writ wtili my
vi which Mr, Jiislice Hwrper
um to, and 1 Ijeliefe he hath it iu his
L,C.J. Here i\m gentteman b allowed to
^f an aoccniut of what discourse passed be*
^fmm biia and Mr* Luttefeli tite first time ; the
^Aet of pc«i3e caonot be allowed Co give an
•aaova ■( what it itaid at \m other examtna-
ia^ W-*^rja^ Tl waa reduced into writing, aad
ttsi ' 1 not be produced.
%' i begyou would (jirean account
vW*i i^c ciatd alany oUiertime, when this paper
» ooc wriiltfD ? wh#-n you talked wirli him
V ho said, " Ttie bai*
CM' ipr him without any
ihiii fit Kill), <' Uf fj^\ e them no
j" mad whojj \ou aski t| him about
iWaMi tKat ooc of Uie' bmliHs bad, he said,
"^b fiiTil oeilber of Ihu pUtolii, nor drew tirs
•■tl;*^ I 4iiire to isnow at any other tin^e,
i^i^cr llMflr waa any itnuLr muteri;}! pas!ii?d
ia»tM jtiq St any other time ihuti at that
^a^boa tlie |iaii«' was wrote; Cao you re-
LiXJ, Yo^ tTiaeounied him three limes,
Ai %ai fou Jiare tpvcti ^ iccoutit of« the se-
iH4 tin« tt waa reduced into wlttlrl^^ thnt
I Vi^^i do<h nnrt appear ; what passed the tlitrd
mill again f
Iptii^ to r6eeif a the holj
1 iP^HE^ of ium to coQiidior wbe*
ther what he had said was true: be aaid
** Every article he had said, as he was a tlyiu^
man, and as he hoped to receive btneiit by the
sacrameol, every thing lie liad said, was »lrictly
true/'
Mr* Ueeve, We shall trotihle your lordship
with one evidence more, tliat 19 the fiurireoti,
who will give you ao account of his wounds.
Mr. Spar ham sworn.
Mr. Hecve. I think you was sent for as a
surgeon ; gire an account in what condition
you found the deceased, how many wounds,
and of what nature ?
Sparham, 1 found hitn lahounucf with a
wound under the rig^ht psip with a shot ; upoa
this 1 examined him, and pu(lioi( him into a
proper poslui-e, found several other wounds :
one near the hver, the lower part of the eighth
rib, near the Imck-bone ; several <»ther wounds
with a aword^ three or four on his bttly^ Upon
opening of his body I found that the wound
with the bullet bad penetrated about nioeihchea
towards the back, wliich wound was mortal,
the 6rst to be of the lun«ri^ having a hole
through, and the second to be torn, and the
diapbrag^ma wounded : J found one other
wound with a sword near the i^ighlb hb^ threa
inchesandahalfbroad, penetrating the thoraX,
and wounding the diaphra^mn, which wai
also mortal : I found eight other wounds with
a sword about a quarter M^ an inch wiile each,
and a quarter of an inch deep, one near tha
left pap, four others on the rii,'ht siile of tha
belly, two more on each side the Uack bone.
Mr. Heeve, So you lofiked upon two of tha
wounds to be mortj, one whereof was with tha
pi & to I -shot.
Sparham. Yes; f saw two leaden piecea
taken out of his bod y.
Mr. Slrtiuge, Vtho attended at the sama
timef — Sparhtim. Mr. Giffonl.
Mr. Strange, Did he or you take out tht^ia
bullets?
Spnrham. We both took them out, I think.
Mr. Heevt, My lord, we have done.
L,C,J. Wh.it say Uie prisoners? Tht
counsel for the king have called w hat witnesses
I hey thiuk proper, it is now your time toan^
awer for yourselve*.
Reagan. If your lordship please, we ar*
rested the ifentleman in Surry *atrtct, and ha
desired me to ^o to his lodging; when wa
came there, h« said he woidd pay the monev ;
Bays he, ** Go and aee for tlie attorney, and I
will pay tlie money ;** ujwn that Tranter w enl
to the iitloroey for his bill ; I went up stairs
with the gentleman into the diuingroom;
when became up, savs he, ** My dear, I am
arresteil, it is tor Mr. ^os's bill.*" He began
to look a little angry : with that he went to hia
scrulore aud took ^methinf^ out of it, a kev^
and he went up status and fetched his ptatoui|
aud when he came dowit again, lie clapj^ una
to inv breast, and ihrcateneil to shoot me ; J
room:
4
uqirtaed
\ lady
witb liiai 1 gtft bioi good words & says h«i
39]
8 GEORGE I. Trial of Hugh Reason and Robert Tranter^ [40
<t Sirrah, f will let you life a little till your
partner comes back, and then I will send all
3'our souls to hcU tuf^etlier :" then the foot- boy
came back and said, the gentleman was com-
ing ; be ordered the boy out of the ro«m, and
Lucas. I was opposite to the captain's lodg-
ing in Surrey -street, in a room up two pair of
stairs , and 1 lieard a pistol go off, upon that 1
went to the window, and I saw a lusty fat man
take a pistol out of the window in the captain's
one knocked at the dimr ; when the boy was I lodging up one pair of stairs, and let ii off to<
cone, he clappctl his pistols, one on one side of
Lis bosom, and the other on the other, and my
Eartiier came, and when he came into the room
e gave him a blow over the head ; with that
he I'losfil in with him, and then one of the
Sistols went oft* and wounded him ; then he
rew his swonl, and I drew mine, and then the
other pistol went off, which was the oocasion
of his death.
L. C. J. Have you any witnesses f
Mr. Tloine sworn.
Th;in€, My lord, I was employed by the
plaintiff, Mr. Carr, to take out a writ aurainst
Mr. Lutterell, on an indorseil note ; I did take
out a writ and gave it to Mr. Reason, and he
got the warrant upon it, and allerwards came
to me, and desired to know \%\\vre Mr. Lutte-
rell was to bo found, and that 1 would describe
him to him, whether younir or old, &c. ? I told
luin where to go, and descrilknl him to them ;
then they wi^nt and arrested him, and after he
was arr«»led Tranter came to me, and told me
the next morning, they had taken the captain :
they said they took huu at the lower end of
Surrey street, and that he was very angry, and
said they had not used him civilly.
L. C*J. What Tranter said, is not eri<lence.
Tuitie. I know no more, my lurtl ; Tranter
came to mo for the bill, and I gave him a bill
of the (Ubt and charges.
JL. C. J. Did you ^ivc the bill of the debt
and cliarjjes to 'IVanter f
Tu iue. 1 did ; ho told me thev had just taken
the iMptain, and then I gave itliim ; the bill of
clmn:es was 1/. 135.
BIr. n.iif sworn. The warrant shewn to him.
Tiirs. This is the warrant made out upon
the bill of IMi.I.lJost^x, at the bui! of Mr. Carr,
to arrest the d«rcask'd. [The warrant read,
and aI>o the bill of Middlesex produced and
read.]
Nr. llu-kman sworn, and the warrant shewn to
him.
IIick*nan. Tliis I know to be my hand, I
made oui this warrant all of it.
]Mr. Hutii:trfWJ. 1 would hunibly ofiVr it to
vour lordsliib's observu lion, hero is' a fact we
have omitted to pn>ve; hvre is a witness in .-
court, one Lucas, can prove that Reason shot 1 c«l.'' ( was there airain, when Jlr. Peten
off the pistol. j iri^xc him the saorament. when he wuk ask«d
X. r. J. It is irresrulnr ; hut aUlioucrh you i ihr same quiH^iion ; he then answetvd, '* Hm
have otiiiitetl it. and come oni of time. I would ' nciiher did the one or the oihi r.*' In the afto^
have the w hole fact, and if my brothers please; ni««tn .Mr. Kvat and 1 went togtrther. be was
:•! 1 ^j^^^^ .^ ^ ^1^^ state. serme«l rra»onabIe, and wm
a^ked him, " i^r, \ou can give some acroqat
of this matter, vouriwon and judgmenii
wards the (ire- side.
Mr. Strange, Do 3'ou know Mr. Lutterell f
Lucas. Yes.
Mr. Strange. Can you take upon you to say
it was not Mr. Lutterell ?
Lucas. Yes, I am sure it was not he.
L. C. J. When you saw a lusty fat man take
a pistol off from the window, and discharge it,
was any body by him at that time ?
Lucas. Nobody that I saw.
L. C. J. What sort of man was Mr. Lutterdlf
Lucas. He was a little roan.
One of the Jury. Was tliere any light in
that room to distinguish one man from ano«
ther?
L. C. J. What she said was, she saw a luity
fat man come to the window, and take up a
iiistol, and dischai^ it, and that she saw no-
body else at the w indow.
Mr. Hungerford. The coroner's inquest
came into this room, and was satisfied, that
from thence she might see into this window.
Mr. afford the surgeon sworn.
afford. On Tuesday the 17th of October
last, about ten or eleven o'clock, 1 was sent for
to a ircntleman, Mr. Lutterell : when I came
to him, I found him sitting on a chair, and he
leaned back with his shirt and clothes rery
bloody ; Mr. Sparham was with him, in ordor
tu look to his wound ; we put him to bed, we
found a wound about an inch below the right
pap, by gun or pistol iihot, and we dreasee it,
iind all the other wounds we could find ; I went
into the parlour, and there were the two priso«
ners at tiie bar ; 1 was told one of them wai
wounded ; u|Hin that I went to examine into it :
upon cominir into the |tarlour 1 examined Tran-
ter, and then' 1 found t%vn pieces of balls which
were Iodised in his hand ; we extracted the
bulls ; I found a small w nund in bis wrist, and
a razure on his head ; that was a small woand
w hirh was on the wrist ; it seemed to be from
a prick, something that had entered the akin.
Then I went to .Mr Lutiertll again, as he was
in a !;t)od state of sense : I asked >lr. Lutterell,
" W hetlitr he had tire«l a pistol ?'* I asked him
several times ; he dt- nieil it a tins, second and
thinl time, and he used this expression, " I caQ
God to witness, i neither fired a pistol, nor
drew mv sword, but was barbarouslf murder-
we will hear it.
Constance Lucas swore.
Mrs.^ LiMM^ what do yea
BIr. HuRgerfard.
kwwrof^- -' - ^
atraog; 1
ikei&toh
I have heard thai yoa fetched dowa
hetoUve,«*Uehad.biit
A. D* 1725.
he would not be
toif^iog*/' 1 iiskeil biro, ** If
u> i%eo:" be 8n|d, "Thej?
Ill le lnntftm«fc, flitch in-
U» jtfiikr iiue or iheni ; upon that
Art wifiliif^lr Bcixcii htm, the luiit y uiun
M*»t lifii vitl drcff his sword i he tumbled
4iP«, tBii hm •U^ibcd bitn ; he often ^nej^i^ed
Iktm In i|«rc him lite ; the other said, Dtimo
litt%4i^ ya own Bword ond «tab him.'* nir.
LiHttAiiiger aoJ thumb were cut^ as if it
^mwdk^^wmpkxi^ of a Kwoni. Tben be iiaiil,
**1W Mrr niAfi look a (li&tid aod clappi^d it
dbrlihift fanaist^ sind shot him in tht^ Ijody,
lovty axon h«!d the other pistol to his
" * H off;** v^hicb I the ruber be-
[hiumi be lud some ^lowder spots or
t m liM f»ce.
lie owned to you th&t he struck one
Ye* ; bat tl was apoo your giving
Wiieo yoa ftskcil him ibont brrng'-
I tiie piston, and ttpoii wh&t accouotf
be?
019 ar! I T V^ed he brooffht dowu
Imk ^^ litnteDt; but as he
to p^j "i= .i^L4S, be was not wil-
* oat of his lodjjuig, and be ex-
Mr, B&nner twm-n.
My lord, jo«it 115 Mr. Lutterell was
' Oittie up HtAtrN, ftod linked hiiUf if
■IIm p*t«tol ; he disowned it, aiid
l»o design to dutbem any barm^
*mn^ u e^ but,'* BHid he, "llu'y
:id cruelly."
&wp«, Afier tUiit he hod declared to you
hn km ba4 no design to make any resijtiiuce,
*mi lio'iiDwrd f
^^atr, Uhea I cameotitof the room f says
.Giibrd l« loe, *' Mr. Bonner, Mr, Tranler
\ \m tb# bJind ; it is cerifiin Mr, Lutterel)
t hmm in thr band ; therdore lt?t nt ^rn buck
l«ak him;'* we weot and a^kt-d biui both
€m>^m4 h* •^if. ** Nm. ah ImhI slcnild judjtre
,bf4i! tl of doing
B Oil L I tbem aie-
.'- Hi: «poke luwiiidly nnd ni^cfmed
ami •frstntt ivp wuutd leare hifiK
I*lr« notice that my nart*
\m ih, ul.
, lijr lord, 1 Uiivt lott the uteof my
^'Uke the aurgeoo bwoto.
Alj lonl, M- r *rr waa wounded
' of ibe ». nod in his UiX
-*» ^'" ' ^ !iil uottdce
his head T
I cane.
ii or a iiruiHe ?
kt0 WA« broke. Mr.
i ktd m &ii4li> wiioiid ill ona of hia ^igera^
[it
whicb seemed to ht done with the point of a
sword.
Thom<is Hargrove called again*
L. C. J, Hark you, young mao, hear the
qaeslioOf and coDstder well ; iipcm your former
examination you K!iy» wheu Trunter knocked
nt the door, you went down to let him iu ; that
Tranter made up to the dining-room, and you
followed bim ; you heard a Uttle buKtIe befonc
yim came in ; but the first thing you saw,
when you came, was Tranter runnmg your
m:i^ter agiiinst the cloiiet door^ and Reasioa
pricking him wilh a sword: I ask you thi*
rjue^itiou, wlietbi-r or no, when you was going
u|) stairs after Tranter, before you entered the
room, you did niit hear a blow r
Hargrtive, 1 beard a blow, but did not know
who struck it.
Just. Etfre. Did you see to whom the blow
was given ?
Harerave, No, J saw nothing at all of it.
L, C. J: The reason of my calling bira again,
was to be ^^atisified as to this particular j lor the
coroner inrorms me, that betore him, he bad
stTore to the ^ame effect ; be answered hastily
before, but 1 bcliefe not with any design ; he
said hf did nut ht^ar any blow, his nieaniog
then might be, though he did hear a blow, yet
not seeing who t;ave it, tlierefore he thought it
not material ; f did not heUe? e he did it with
any dt^sign.
L C. X Have you any other witnesses?
Rtaton. My lord, we had none hut ourselreSp
we are officers of the Court -, lie assaulted us,
and hnjught down his pistols and slock theQUO
his bosom.
L C. X Did he not afler wards take them
out and lay them on the table ?
ReaiOH, No, my lord.
Tranter, While J was gone, I did not kno%r
whfit bapi^ened, hiit vthen I came back, the mi-
nute I entered the room be struck me over the
head with his cane, and the pistol weatoff", and
shot me in the haud«
The clothes were protluced, and by the hole
in the waistcoat it appeared ^ that the wound
{fiven by the pifitol uuder the right pap could
oo way happen by any position of the pi>»tots in
thel>u4iomof the deceased, by the pistol going
off of itself.
Reason, My lord, we are officers of the
Court, and what we did was for our own ae*
curity.
L, C\ X What says Tranter P
2\an(€r, My lord, we have no more to lay*
Mr. Reeve. My lord, I beg leate to observe
a few thitigg by w;«y of reply. They have en-
dtriif oured to differ the case with respect to
three (»articulars ; the first jwrtii-ular is with
relation to the blow girt* n by Mr. Lutterelt i
they siy Mr. Lulterell himscif being pressed
f€ry much^ did own that he had gikcn owe of
the badilTs a blow on the head ; there appeara
Ueaion Iu think that to bo true, because the
surgeon says be dreaaed him of a wotiad re*
I
A3] S GEORGE I. Trial of Hugh Reason and Robert Tranter, [44
X. C. /. Is ill languafj^e a justification for
Mows? Besides vou will riiusifler, whether
there was not ill ianf^iiage on the other siJe.
Mr. Hungetford. Mv lord, I will not take up
much of your lordshipVs time, if your lordship
will spare nne a word or two. Here is a man'f
life taken away by two persons, that bad a
precept from a court of justice to arrest, the
only ihiug thev bad to do, was to secure tha
person, to make him answerable to jastioe.
whether that could not be done without this
outrage ? Whether officers of justice may exe-
cute their process with so much cruelty P It
amounts to as great premeditated malice as cao
be conceived. There is a malice contained in
cruelty; I need not mention the matter; k
hath Deen fully laid before you ; I shall only
mention a precedent or two ; one is that of
Holloway's case:* There was something of a
provocation ; but the judge there in that caei
did enter into the fact, whether the provecatioo
was sufficient to justify the killing of the bojr.
The boy was stealing wood in his park, and bad
a rope about his middle, and as he was up in a
tree, he bid him come down out of the tree, and
he took hold of the rope and dragged him so,
that he was killed ; and this was not a fufll-
cient provocation. Another case is that of
eeived by a Mow with a cane ; we submit it,
whether that is a sufficient justification of the
officers for what followed, to kill Mr. Liitterell
in this manner, supposiiig it to be true. What
the boy says, he saw a&rwards, immediately
upon his coming into the room, in an instant,
as soon as he heard the blow, he found Mr.
Tranter running him up against the wainscot,
and th'e other bailiff stabbing him ; he swears
Mr. Luttercll had then no sword or stick in his
hand, so that whether or no, after the bailiffhad
received a blow on his head, it will be a justi-
fication sufficient for the bailiffs to murder
himP Another part of the evidence is in re-
lation to the bringing down of the pistols ; I
beg leave to observe, my lord, he did confess
that the pistols were brought down, but not
with au mtention to do them any prejudice;
that he laid them on the table; they ao not pre-
tend Mr. Lutterell fired either of them, but in
the struQfgle, the pistols were in his breast, and
there they went off of themselves. One
wounded the prisoner, the other went into his
own breast. As to what is said with relation to
the intention of Mr. Lutterell, he did own he did
threaten them : If he did, yet he had no power
over the pistols, one was on the table, and the
other was in the window, and they say the
pistols were not fired by any of them: Our
witness, the maid-servant, just a little before
the pistols were fired off, saw Mr. Lutterell on
the ground ufion his back, and his hands lifled
up, and them stabbing him, and this before any
one of the pistols went off; there is another wit •
ness swears expressly, she saw a fat man take
a pistol out of the wmdow, and fire it towards
the chimney : Mr. Lutterell was not a fat man,
f 0 it must be somebody else that fired the pistol,
and not Mr. Lutterel^ in all probability. It
was Mr. Reason, as to the evidence jg;iven in
relation to the clothes, because here is a hole
in the waistcoat, the pistol that was in his breast
must go off of itself, and make that hole. It
can be no such thing, the jury has seen the
clothes, and where the wound is given, and in
what position Mr. Reiison himself bath at-
tempted to place the pistols, and it is impossible
the pistols should ^o off, and give that mortal
wound. We submit it to your lordship's dis-
cretion upon the whole, whether it is a suffi-
cient justification, though they are officers of
justice, and ought to be protected, yet suppose
fuch a misbehaviour where there is no ne-
cessity for it, they are not to be justified.
L. C,J» There will be two |>oints in law;
the one is, whether the officers are to be jus-
tified in what they have doneP If they have
done nothing but what was proper to secure
their prisoner, and their own lives when they
were assaulted, they are not guilty of fekmy ;
and if they are guilty of felony, then of what
degree, whether of murderer roanslatighter.
Mr. Reev€, My lord, we must ftibmit it,
whether a man amking another over the bead
U a jnatiOcatMNi lor bim immediately to kill
himumai take it with thii
and then turned him out ofthe room ; and thera
the turning him out ofthe room was not a snf*
ficient provocation, and it is a very justobeer^
ration of my lord chief justice Holt ; whea
cases are attended with so much cruelty and
barbarity ^as appears to be here, here are nwm
wounds, eight besides that with the pistol oB
the same person, and certainly two lusty men
as the prisoners at the bar are, might ha? •
made him answerable to justice without an/
such barbarous treatment). The observation
my lord chief justice Holt made, is, that dio
law should be so construed. As to the businean
of the clothes, it seemed to be absurd that tlM
pistol went off, and made that wound on thn
right side ; by no poidtion he could put the
pistols in, could their going off maJte that
wound.
Mr. Strange. My lord, I would only oboervw
two or three things. If Mr. Lutterell, at the
time they assaulted him with a sword, had held
his pistols in bis hand, and their own lives had
been in danger, the case had been difierent:
but when he had put the pistols out of hin
hand, and they were between him and Um
pistols, so that it was impossible for him to &n
them any such harm (for I do admit if it w^
in Mr. Lutterell's power at that time, and he
bail shewed an intention, that if they did not
kill him, he would kill them, that might bH
^CrokeCharles,131
108.
Pahn.545. iJooo^ ^
t^Reilyng's Reporta. 119. Holt484. GMI^
in this CoUection at the end of the IVialif -V
CanMgie|A.o.nsa. ^^
t^ Jbr ihe Murder of Edward LuHereli^ esq*
my
of a juBilificauIon), they mre tbe leis
m '*-"-7 --liU lliejf did. As lo ihe
isiiMs fina^ofifaemsekes,
v^im ..i :i; i>Qlter#ir« bo«omt and so
Mikh wiiood. il teems to he ttnpo9»ible it
lff«n. auil iliat lhi!( num be a wound
n y at lurn.
you bitve reail that ca^e
t ruber, lliere a blow 15 11
jUiU j1 a Wow be first given, il will
« ihotigU draib do ensue upon i(.
G«iitl4inien (>t itie jtiry, the prisouers
'« Qo^li li«sson and ICobert Ti anter,
kf liic cofoner*» inquest, and by
With tlie ttiurder of Mr. Lui-
; fSmj 9uy ihey sre do! guiUy of ibis
«kAs; Add uUetber they sire g'uiUy or not
M rmr btioita* 10 eoquire, and reeei?e satisfuc-
l« ^ la uiiier lo prove them E^uilty, tbcy
aeveird witnesses for the king^.
Tbciftisii lIur^THve, who it seems
• sTTSAl U) Mr. Lutierell; he tells you,
. TocadAj^t ^u^ b^ <^^^^ n^^ remeiuber
^mJi, «r fbe dny nf the month, but it
iiMs mi. frotta ' 1 ivitnesses, that it
iv 1^ ITib dny r, ho says his master
•» f«mc dtjwn 1 J ilkv i^ aier-side in order to
H^k^ fvr a M ems be lodged in Surry-street,
4 httle man ran after bim, and
tm the bnrk. He did not then
t7ixt now invs bis uatoe is Tranter ;
•%ikis tuact^r toUf Imn, he would pay the
Be did t^^*» • ■- tfir etidence he gave,
Aw did r< r that he desired
^fvitnht:.. <>t Sk'' desired them
\P ^nS him to r. But the
lkr>u^*l»', thf4 • isonable; then
U bi savf, ihut with much pciiuasion ,
iM tvitli rtvTv In rurry him hack to
;r8 did carry
l«f he says, his
Mf^kUuii, hv t\., 1 ; when
fftsira his oiOi-t. d of the
WMM with hmi, UiL IdL man, which
(for TmatLT \«raii ^^uUf to ifct a bill of
th# ilfAfm' ' !rd of the
t !tew him
said. Ill i<iMiv nu: warrant in
wmnim tlirn^ it oti the ground,
> ^^,1 *sr„..vM<ti, he should
J'
U it, fletelts
11
ly knocked at
•1 n to open the
r, find he rau
i^>
^•'d him.
W*
ji J before
at, he itid hear the
♦'fly fhf* Jad giving
ES
Hidvring,
IfL'
; but on
In
heard a
■ W
ng-room.
Vbtn I
ig*niotn,
mdgwt
aod was
- I...,. .
, — ; , .^ T.iM^iov, and that
»«r»rd drawn and wis striking
D, 1729.
at him with his ivdord ; and he says, tm he was
preparing himself to make anotlier thrust, Im
look hold of tiis sword -arm, and prevented that^
aod Heason with some passion ssidi *^ Damn
you, get you out of the roam, or ebe you shall
die before your master," With that the boj
went out of the room, and went donu stairs
aod cried out fire and murder, iu order to atarm
the neighbourhood ; be tells you while he was
there he heard a pistol go off, and btixit^i lt%
could ?et up stairs he heard another pistol go
off; this is the evidence given by Margrave.
They have called another witness, Hester
Gerrard ; she says she heard her master ga
out in the morning, and a little time after
she heard him return a^ain, and there came
with him Reason one ot the prisoners at th»
bar. ObscrvtDg this, that her roaster came ia
so short a time after he went out, she bad
the curiosity to hearken what the meaning
or occasion of her master^s retarnlng so soon
was ; she says she heard her master talking
of an arrest, and he seemed to be in a passion
with the bailiff that was with him, and said
he had not used him well, but ilTf>nfd \i%vm
giTen him notice before he an 'r«
street ; she says, slii withdrtv ,^
her mistresses bed«ehamfaer, which \«eie near
the room where they were, and in a little time
she beard her master go tt[vjiiair8| aod in a
short time afler return a^ain; with that, sh«
had the curiosity to go in, and sec what was
llie matter ; her mistress being big with isliild
she was therefore more curious than oriltnary
10 prevent the misfortune falling on her mis-
tress ; she found her master Vith two ptuiule
in his hand, he stuck one of the pistoN on one
side, and the other on the other siJe iu his coat j
she says, she admonished her master, and de<
sired him to consider the condition of her mis-
tress, and not to do any thing to fright her;
up<m tlmt be said the bailiffs had affronted him,
and abused him, and called him M inter, how«
ever he did not design to do them any harm
with the pistols, and her master, at her desire,
laid down the pistols on the table ; with that
she went out of the room ; but soon aAer hear-
ing a great noise she came into the room again^
aofl found her master on his brick on the floor»
and the bailiffs stabbing him : she says she
went out with an intent to give notice of it to the
11 ci^^h hour hood, and that she cried out murder;
that while she wu^ doing this, she heard otie
pistol go off» and presently after another; bat
before either went off, she saw her master lying
upon his back, and the prisoner at the bar (point*
ing at him) stabbing him. Then they call
lljomas Waters, a wateruiao, he was standing
by the water-side, and seeing Mr, LultereU
coining down, who was one that usually em-
ployed him, he expected a fare from him, and
that he should carry him, as he n«ually did;
he saw Mr. LuttereU make back again and go
into his own lodging ; but still he said he ex*
pectcd his master lo come down, and go by
water ; but be not coming in so short a tiiae •»
be expected, he made towards Uts Mpjm%
47]
8 GEORGE I. Trial nflJufrh Reason and Robert Tranter, [43
and u he came near be heard the boy cry, Fire
and murder : lie went up into the room, where
he found Air. Lutterell lying in the room
wounded, all in blood. The next witnests is Mr.
Peters, who is a reverend divine, and came to
do his office and duty on this melanclioly occa-
sion : be hearing Mr. Lutterell was wounded,
and in danger of dying, came to him to perform
his office on that occasion : he says, tbat lie
requested and admonished him to tell him, if
he was not accessary to his own misfortune,
and that it may be, if it was not discovered
whilst he was living, it might be the occasion
of an innocent person's suffering. When be
admonished him to tell the truth, he did with
the most solemn asseveration, as he was to
answer at the dreadful day of judgment, say,
^* That he was barbarously murdered ;" but
did not you give any provocation or occasion
for it ? «• No, I gave none." With that, says
he, I told him I understood one of the bailiffs
was wounded with a pistol ; did not you dis-
charge either of the pistols ? '* No, upon the
word of a dying man, and as he was to answer
might sufler. He still insisted, « That he was
barbarously munhired," und said, ** that every
article of wliat he had said was true." Ue said
to him further, *^ before you receive the holy sa-
crament, and as you are going before God,
and there hope to have reinis^iion of your
sius, it is necessary for you to forgive even
your enemies;" and witli tbat says he, he told
me, " He did heartily forgive all the world,
and did forgive the persons that had been guilty
of ibis indiscretion, and hoped God Almighty
would forgive tbeui :" he gives it a soft term
there, their indiscretion. Indeed I should have
been very glad if the examination that was re-
duced into writing was here, that it might be
laid before you. Mr. Peters is a very worthy
person, there is no reason to doubt ; but he
swears upon his memory, and when a man
swears upon his memory, he may mistakCi
and the mistake of a few words rouy aUyr.the
sense ; therefore it. was very proper to have
had the examination here ; that miuiit possibly
have corrected his memory ; and though he
hath shewed himself a man of great probity
it to AlmigHty God, he never discharged either j and worth, yet he might be mistaken in some \t
ef the pistols, nor did he run his sword at . particular; and it seems strange, that of two ■
Ihtfiii, drew his swonl at them, or give. them 'justices of peace the one appears, and the ^^
any provocation." The minister says, he ad- ; other, Mr. Vernon, with whom the exnmina- ;-
▼isedbim to be very serious, and examined him : tion is let), doth not appear, nor any endea- rr
as to the fact, and said it would be of very I vours used to have him here ; and therefore it ?_
dangerous consequence, if he should die with | must be taken as an objection, not as to hie r
any falsity in a case of this nature, and it \ veracit}^ but that the prosecutor hath not pro- r
would draw present ruin on innocent persons ; : duccd the evidence that is proper, and only ^
he said, " He never drew his sword, nor dis- { relies on the memory of the witnesses, and tbn ..
charged eitlier of the pistols, but was barba- j seems to.affect the e\ideucc that is given by i-^
rously murdered.*' Mr. Peters then went away, ' Mr. Peters. They ha\ c called another witnetiv (--
and a little time after came again, when Mr. ; whom they called at last after they had closed ; ^
Vernon and Mr. Hayncs, two justices of the • their evidence ; she lived in an house over j^
E»ce, came to take an examination from Mr. { against Mr. Luttereli*s lodgings ; she was in a •._
utterell himself; he says he was present at ' chamber two pair of stairs, and she saw a lusty >^
that time, that because they had no clerk with ' fat man come to the window, take up a pistoia ^■
them, he was desireil to take an (account in ! and as she thought discharged the putol ; and »
writing of what was said ; he pressed him as j she saw no other person but this man, and-. _
formerly, and having taken an account in wri- therefore concluded the fat man (ired the Z
uistol : this is the evidence given for the king*.
ting, that ought to be produced, but it is not
produceti, and therefore no regard is to be had
to it, for a {lerson is to give the best evidence
tlie thint; is cap«ib1e of, especially where a
person's life is concerned, and he of his own
ahewing, says, it was taken in writing, and that
writing is not produced, and no account is
given that they arc disabled to produce it, but
the justice of the peace tbat hath it is out of
the way ; and it doth not appear, that pro])er
endeavours have been taken to have him here,
tbat this examination might appear more per-
fect than the former. He tells you afterwards
The prisoners are asked what they have to say , .
for themselves, in answer to this charge, » hica ^
seems to be a weighty one given against them : ^
they tell you they are ministers ol justice, and ^
they give you an account, not only by ilieir ^
own opening, but by the evidence Uiey ha?e ^
produced, in what manner they behaved them- ' '
selves ; that upon the first arrest, at the reoueat T*
of the prisoner that theu was, they submittad ^
to carry him hack to his own lodging : 1 mmt Z^
confess this doth seem to make some imprea- ^^
it is what bailiffs are not hound to do^ " '
became to him a third time, and the end of his . they are usually rough, nud not easy to be ui«
tfwtminop o fliinl litiiA ■a.-ua in !tflA\Aniek Kitn iK'illi tmnldil iiii1a<»a uroll n:iiil Tur if • f\%i%t stinHPa
coming a third time was to admonish him with
respect to his fate in the other world, and at
that time he desired to take the sacrament
treated, unless well paid fur it; this ahewa,J
I that these men wentbtyond the bounds of their
»ua» uuic uc iimicu w tana tiic naui«iiit.iih ^ • owu duty ; for VI licu they had arrested him, ^
he told him what was necessary, thai he might ; they ought to hu\e securetl him by carrying ^
take the aacrament worthdy, and that it was him to jail, or some place of safety ; it vat^
incumlieut on them to give him an opportunity
of paying the money, or studing for bail, fat
abofe all things that he should dis-
conacience, and give a
' what happened on this mehui'
Ke desired to be discharged that way ;'bn(t.^
when a bailiff hatli arrested a man, to cangr^'
«]
Jar tht Murder of Edward LuUerellfeif, A. D. 1722.
[50
lis bftdr to Uis own lotlf tni^^ it an ud usual
mmf «f trcttdng pnsnnerB, anti oug:Ue not to
Wekara ; bat slill U is not to be impined to
Ihf tuiiiffi, as an a^g^mrtitian io the charge,
ikef mtwm loo fi^nurnble in tru^tiii^ him in
lliiiMPni U>*\g%n^, What is next? When they
W fciai there, Tratiter is sent Tor the altor*
mnH Ml\. This iji (iretty extraordinary, \^h^D
Imw kmd taken hi in, not nt\\y to ofive him
luiat lo ICO la bU oirn Imlpng^, but one of
Ikamfiiev iipooan ^nand, which Mr* Lutlerelt
m^ bave sent tiic own servant upon, akid
mm oot»e but Reason ; tbis was extreme
<iid mm^f and not ott^n done by mm of
Jirr diarac'crr* Mliat then? Lutteretl ^oes
spoaira. What did Reason then do? When
isbad carried tirui to bis own lodging* And sent
Hi pasuirr avray, be pves him leave to^o
Mbiaotber ehaiitber ; ibi^ doih uol seem to
^iltn^mtDerit of the deceased^ but shews ex-
mm9 filfour lo ihtlr prisoner, whicb they
mM not iQ slrictne«ti justify : lie went up
flMiaikl rettimed Ri^ain, and the maid ?ierrant
iCMr. L«ailrreU idlK yon, she s:iw htm mth a
IMrof piacci)$^ one stuck on one m\e of his
■1^ 9tlt4 the oiber on the other ; if their treat-
ttaiwia so ejciraordinnry and civil, this seenis
nil Mm timofrard return of Mr, Lutlereirs,
•bat he vraa truKti*^! lo g-o out of the roimi,
ftrld rHum with ;i case of tii$itols ; hul ihe
ViM-a#r%aiiitaV8* besaid^ ** He had no malice
l»»tf4ilJi«tiif and wouM not hurt a hair of
fteir tteaiisy be only brought down the pistoU
I heU|^ht not be imposed tipon." J do not
Pl^hai he meant, when he was in custody
roffieets, and bad been so civilly used, to
ase of pistols to prevent his Iteiug
seems an untoward return, and to
bl the officers, that lhf*y mi*jtht not carry
ray, Thtf is not nil/ Mr. Gitlbnl says,
i l>cin$; a ^nrj^eon was called to give his
on tbis very unhappy accident ; be
y an account of the wounds, and Ihe dis*
chat p«iF»sed on that occasion, and upon
1 done, and how the bailiffs bad
l^him* Says he, »* I confess," although
I he hail examinetl, and asked biiu sc-
hefore, and that be refused to give
ant then, but did persist in tt, that he
> any pr-o vocation, but at lest M'hen
repeated it with some earnestness,
t at last, '' That he did f^re one of
.,_. I stroke on bis head with a stick/'
li|pii oil, and asked bira the intent of bdnyf-
i^luva the pistols; he says, '* I did not
Ai^ any hami ; 1 have no malice^ but
ihem down, that I might not l»e ilt
' ihta waft ill behaviour, where he had
civilly, to declare that he brought
^Wlii pictols, that he niit;ht not be ill u^ :
i^Mlha duty of the haili/Ts lo carry hitn off,
~ lhalpeti|rht down his pistols tu prevent that ;
II^iIn* hlow, says the bailiffitf the assault
lasbtastde; the young man bath tnid
y** le heard a blow given : Air. Luttcreil de-
h» hi ought down the pistols to prevent
franyln^ bim off* aad that ha did give
one of the bailiflii a blow with a cane ; tl i^
surprizing, that immediateb when Tranter
came back he c^bould run him agaiiiid the
wninscot, and the other ti<%S3ult hi in with a
sword ; this behnviour is not of a piece with
the other, that Tranier fihoutd come bock, and
without any prttvocatiivn run liim agaiuist the
WiiH« and Reason should take hii« sword and
stub him t there must be a provocation ; the
boy says there was u blow given^ but he cannot
tell who gave it* Mr» Lutterell declares he
gave a blow, and another surgeon confirms it 3
so that it appears be\ond contradiction, by the
evidence, that Ihe pistols wei« bronglit down
with a design to prevent his being carrieil oflV
and that be did give one of the bailitfs a bloir
wilh a stick : then Mr. Bonner bath given you
an account of several matters * but that which
is material is, that he dlti not discharge any of
his pihtots, or draw bis sword ; that he did not
iittend it, but did threaten it several times.
One Blake, who %vas another witness, fiaygj
that upon examination afterwards there ap-
peared, that there had been a blow on tha
head of Tranter. This is the nature of the
evidence given on the side of the prisoners.
Upon the whole matter, 1 think it is plain be-
yond conlmdiction, that the prisoners at the
bar did kill Mr. LutterclL !t i^ plain that first
of all, when Tranter had him affainsl t!ie wall,
that Reason slabbed bira, and when lying upon
the door, that Reason stabbed him ; and it ap«
pears afterwards by the evidence of the wit-
ness, who smyn she saw the fat man take up
the nistol mi4 discharge il* that Reason shot
oflfthe pistol * so that 1 think there can be no
doubt at all, but Ihe prisoners at the bar did
give these wounds, of whicb he died* The
surgeons give an account, and f think there
are some eight or nine wounds wilh a swordp
one of them only mortal ; a wound with a
bullet that is mortal ; seperal other wounds he
speaks of, thai are but slight. Then the ques-
tion will be,, whether upon this evidence the
detisndants are guilty of felony, and if guilty,
then tu what degree, whether of murder or
manslaughter ? Gentlemen^ it bath been opened
Iru/y, that the bailifls are ministers of Justice^i^
♦ ** Bailiffs, or sherifJii' officers^ arc either
bailiffs of hundreds, or special bnililTV ; bai«
Ufl's of hundreds are officer* appoiotLMi ovt-r
those respective districts by the sheriffs^ to col-
lect fines therein ; to summon juries ; to attend
the judges and justices at the assizes, and
<)aarter sessions; and als«to execute wtits and
process in the several hundreds. But, m these
are generally plain men, and not Iborouglily'
skilful in this latter part of their office, thttt uf
serving writs, and making arrests and execa^
lions, it is now usual to join sped si bailttft
with them ; who ore generally mean persont
employed by the sheriffs, otf account only of
their adroitness and dexterity in hunting and
seizing their prey. The tsheriff beirtg an-
awentbte for the misdemeanors of these bailiffs,
they ara iberefore usually bound in ao obli-
£
4
I
"]
8 GEORGE I. Trial of Hugh Reason and Robert Tranier. [St
tfaey are armed with the authority of law, and
those who retiat a bailiff in the execution of
his office, resist the law. They are not bound
to gife way and let their prisoner escape, but
they being to execute their warrant, if in doing
what is necessary for this puqiose, for obuin-
ing their prisoner, and the security of their
own persons, death doth ensue, the bailiffs,
hafing the authority of the law on their side,
it is not so much as felony ; and it is very ne-
cessary it shonld be so, for without it all our
properties would be precarious. When any
man offers an injury to auother, there is no
remedy but by briogiag an action at law, and
in order to bring t^ parson to do justice a
proper officer must be employed ; and tliere-
fore it is highly reasonable that bailiffs should
have an authority to carry off the persons
they have arrestetl, and if in doing of it deatl)
ensues, the party must thank himself. That
being the question, I would recommend to
your consideration these circumstances; it
appears in the beginning, that the bailiffs
treated Mr. Lutterell with all civility, gave
him leave tQ go to his lodging ; one of th^m
sends his ooropaniou away, and gives him
leave to go up stairs ; but although they
did do that, that will not justify them for be-
ing guilty of any barbarity, without any jnst
occasion offered ; therefore you are to consider
what happened afterwards: It appears Mr.'
Lutterell brought down the pistols, he dtd do
this to prevent his being carried off*: that is, to
prevent the bailiffs from carrymg him from his
MMlffiogs* which was their duty to do in case
the money was not paid, or bail ^ven in ; and
if io, this IS good introductory evidence to that,
which they ofi*er to prove, namely, that he en-
deavoured to rescue himself: He says, he did
not dischaige either of the pistols, or draw his
flword u|)on them ; that he did not intend to do
any mischief, but he threatened them ; then
see how this is when taken together : Here is
Mr. Lutterell und«^ an arrest, fetches down
his pistols with an intent to prevent his being
carried oflf* ; I doubt his threatening must have
reference, that be threatened to discharge his
pistols, or draw his sword upon them ; then
when his pistols are brought down with that
tntent, when he threatens what use he would
gation for the due execution of iheir office,
and thence are called bound bailiflSi ; which
the common people have cnrrupled into a much
more homely aopellatiun." Bl. Comm. b. 1,
ch. 9, (vol. 1, p' 345.)
I suspect that in this passage the ingenuity of
the learned commentator has misled him into an
erroneous refinement concerning the ' homely
appellation -,* which, I conjecture, was origi-
oaily the name given to the bailiff's under-
ling (or * iblloweP as he is still called), whose
office it was to * follow' the party arrested,
and, if necessary, to assist from behind in
forcing him forward. In France thia per-
sonage 11 (at leaat waa) styM * povMB-our,
ud, IbeluTi^ ctnMagaM. . .
make of his pistols or sword, what is done af-
terwards ? Mr. Lutterell gives one of the bai-
liffs a bk>w with his cane ; it is proved unde-
niably that there was a blow given, that ia prov-
ed by the boy, that the blow was given by BIr.
Lutterell ; that a|ipears by what he owned
himself. Then consider, here are pistols
brought down with a design to make op|K)si-
tion ; that he threatened them, and not only so,
hut gave one of them a blow with his cane ;
what is the consequence? Tranter runs him^
against the wall, and Reason stabs him: If
this were all that waa in the case, when pistols
are brought down, and threatenings used, and
a blow given, the officers are not to stand still
till they are murdered, nor could they tell what
Mr. Lutterells intention was : As he had made
an appearance of resistance, and had made an
assault, you are to consider whether this was
not A necessary defence of the officers lo se-
cure their prisoner. It is of no weight what
Mr. Latterell said, that he intended to do them
no harm ; if he made an appearance of re-
sistance, and actually assaulted them, the ques-
tion is, %vli(itlier the bailiffs, in this case, ars
not jusUiitd in what they have done ? Yon
will consider their circumslanoes. The maid
tells you, when the pl^ls were brought down*
at her persuasion her master laid them on the
table; so one would think that nas an indi-
cation that no ill use was intended to be made
of them : It doth not appear whether one or
both were in the reach of Mr. Lutterell. Then
it appears, that notwithstanding the running
him against the wall, he had in some msaaurs
rescued himself from that force, and tbert
was a struggling, and throwing down, which
sliews tliis roan was not so in the power of tht
bailiffs, so as they could be secure of preserving
their prisoner, or their own lives. It must bs
left to your consideration, whether thers was
any design of Mr. Lutterell to rescue himself;
but if you think they had a just provoeationy
and tbey had reason to be apprehensive of los-
ing their prisoner, the law does allow them to
do what is necessary for their own security,
and the security of their prisoner. This is
what I recommend to your consideration, whe-
ther or no it appears to you that this was done
out of heat, and out of a passion by the bailiflk,
when there was no just cause for them to sp-
|)rehend the prisoner's being rescued ; if yoa
oelieve that, then the prisoners will be guilty of
felony : But if you believe there was just oc-
casion for the prisoners to be apprehensivothcy
were in danger of their lives, and of kisiDg
their prisoner, then whatever is done in their
own defence to secure their prisoner, and thelc
own lives, it will not be felony. I must boo«
fessit looks barbarous to think, that when a
man was in his blood on I he ground, tbey
should follow their bkiws, giving him mora
wonnds; this is carrying the thing a great ,
way, and it kraks like some barbarity ; bat if •
Mr. Lutterell gave the first occasion, whaiefer .
happeMdafWr,ifdonefurtheaecnri^^«f4lMir .
owB lives, and of their priasner, will.^Mefce '£
f
iSJ Tnmi ^J^n Woodburne and Arundel Coke. A. D. 1722.
iMBfttilty of feSiciy ; Nit Mopposi* ) ou stioulil ht
Wifniiiiuo llialiheliMli^ have done more than
^ Mold, ibm tlie pexi Ihtn^ to consider is in
ilat4w^i^ fk,.*. «^.. .*...fiy : It appears a blow
▼•r 'boy, before ii* rjifne
f ••t , ^ ,! : , Mr* Ltuicrell ihai Itc
^n* ill* Mhw ; Oenttfrnen. I Ho not knovt,
«lif boomir an; i«r>{ loju^tiiy tlirmsdves by
tifw^ macy Ufifsua^e in gtvpn them^ ami
AcnAat 1 aen to be my own iivenifer ; ftlr.
Iflili^fmre OOP ai ihem n blow oviri ihe head,
iibvfnAi f be rr*<t fVl) nut n«t you bave b^uni.
TbyiwtKwa I i>«r it be mimler? Il
wm^ 6tMk9 14 y, and wiiboui provo-
Mflu flvr ri«« 1 1 IS iioi murder : Blows bftve
ml lowed to b« prorocationSt and
»o,
t«ith fetcbing down
trie hailiHs ubat be
-• i'lir one of Ibeoi a
Lits will not be
'"•rtshiig-hler :
rue nulho-
■ yoii rnu'^t
m;^
M«irq«Fft|«ie ibr baitilfs on a lew nng^ry worda
^■■^Iflv to lall into ■ paKsiotit aud take
l«iy t^ liVv of A man. Here it a^ipears, that
wji^ U?»m uiiiier untoward circum-
mt' nliBit had been ibreateoed
^ • dcsj , . ■ y eut hiK beiu^ carried off
kt^fivii; Btid it It tH> nn^ the tnofltyou make
• il v»ll b^ tuanalaiiifbtcr.
Hivv ilid hch^i '' k^elTes civilly at Unit,
^»et ttiiti l!< ni, which be threw
^ md bi4 UivHi ^%ti»tf tbeir hack-i»ide with
% Ast is ■ ftiatter uliich if this ^emlennth
MmimtiSm^ in the mantier he liutii done,
flWiMfie beep reiieti(e<liii its phice ; then two or
^•t bSEs llif y are called rogues and ravcaU,
mi fimM n^f lit prot^ke the bailies : I think
tti flnlafifjjf btAsneu wai occasioned by too
^reat ft lenity ol' the bailiffa in carr^'ini^ back
tbetr prisoner to hia uwti lodging ; that was not
Weil done ot iliKin, Hutvrvt^r, I iiiunil leavft
it to ynwr coiisiderattoii, whether or no they
are guilty ottelony, ami illhey l>e jfuihy of
jV^jofiv tlu'.^ M> v%bat <leg"ree» w he iberol murder
or tL iiiL'r. I (brijot one thmgr, the sur*
geoh J J 1 I Hf that one of ibe huihHs h»d m
wound in bis hand by a bullt-t, each of them
had n wounit, ihmjgh it tloih not api^tar bow;
all thin ia likewise to becousidned: yun will
couiiidcr the whole^ and give your venlict aC'
cordinfjfly.
Reason, as hath been proved, said, he ho|ied
lie would give him cit lliiy money ; he aaid be
would ^ivi' nothmt; lo anoh rnguea aa they
were, for they hiul given hirii no notice, but
had arrested him in the atrtet ; that is the
threat ^ound of coroidaint, and at tlu*i the of-
iience is tHkeu ; they did not gi%e him due no«
tice, therefore it was not civilly done, which if
ilicy bad done^ and it had come before us, w#
iliould have punished with great aeirerity.
Upon this the Jury withdrew, and af\er itay-
in^ out about an hour, brouj^ht ihem bolb in
Guilty of Mai»slaii^hler; ilpori which they
prayed the beuelit of tlie clergy, and were im*
mediately burnt iu Iht^ hand.
From sir James Burrrow^s Report of John
Taylor's Case, it a|i|ie»irs tlml the uentence of
burning in the hand ttas executed upon Rea*
son and Tranter behind the bar of the Court
ot Kinvj's- bench. See 5 Burr. 270T.
Tb«i tfxecmioij of capital convicts who are
in custody of ibe Marshal of the KingV^etioh,
is usually done at St, Thomas-a.Watenof^s in
Hurrey. See 1 Strange 553 ; 4 Burr. S089,
John Royce's Case.
I6£. The Trial of John Woodbuene and Arundel Coke, esq. at
Suflfolk Assizes, for Felony, in wilfully slitting the Nose of
Edward Crispe, gcnt.^ 8 George L a. d. 1722.
Ov tWftilav tlic JSib of March, 17 23, »t the
msm Md al Bory 8t, Edmonds, in the
«sty of Sollblk, Jolm Woodbume and Arun-
MC«^ were irratgiied upon an Indictment
%Hi iNf Ibe fraud |ury ; Aud the Court pro-
mhimm:
tkfk o/" lAr Armi^nmentt, John Wood-
9»a, htm uf Uty band ; Arundrl Coke a^ias
HbAt. b4d4 uf iky band. (IVbieb they seve-
OffAd)
laa 9am4 iodieiHl by the nsicnea ot John
laie of the' borou^^h of Bury ^»t.
i, lit Ibe cotifiiy of tiuttblk, labourer ;
ktmiri Coke alifti Ceoke, of the borou^^h
^hai ynu, after the 24th day
of June, in the year of our Lord 1730, viz. the
lir&t day of January in the dth year of our $o*
verrip-n lord George, of Great Britain, ^. in*
tcndiu;< one Edward Crispe, gent, then and yet
fWing a subject of uur ^id sovereign lord the
king, lo maim and disfigure at the borough
afuretfuid, in the county aforc>aaid,by force and
any a, <Vc, in and upon the said Edward Crispe,
i» the pc^ace of God, and of our said sovereign
Icird the king, then and there bring, on pur*
poae, and of malice aforethought, aud by lyiofC
10 wait, did unlawfully and telouiousdy make
an assault* And tb&t you the said John WckmI-
burno, with a certain bill value a penny, which
you the said John then had and held* in your
right hanil, tlie nose of the «nld Edward Cfispe,
, and of your malice forethought*
' in wait, did thcQ aud vUct« >mii»
I
i
I
i
4
55J
8 GEORGE I. Trial ^Mn WeeHmme and Arundel Cole, [56
lawfully and feloniou&ly slit, with an inteit by
80 doing, tbe said Edurard Crispe to noaim and
disfigure. And that you the said Arundel
Coke, at tbe time of tbe felony aforeiiaid, bv
tbe said John Woodburne in manner aforesaid,
unlawfully and feloniously done and commit-
ted, to wit, tiie said 6rst day of January, in
the 8tb year aforesaid, at the borough afore-
said, in the county aforesaid, on purpose, and
4)f your malice forethought, and by lying in
wuit, unlawfully and lelouiously was present,
aiding and abetting the said Jonn Woodburne
the felony aforesaid, in manner aforesaid, felo-
niously to commit and do. And so the jury
aforesaid, u|>on their oaths say, that you tM
said John Woodburne anri Arundel Coke, the
said fir>t day of January, in the 8th year'atbre-
said, at the borough atbresaid, in the county
aforesaid, by force and arms, &c. on purpose,
and of your malice forethought, and by lying in
Wait, the felony aforesaid, in manner aforesaid,
did, and each of you did, commit and do
against the peace of our sorereign lord the
king, his crown and dignities, and also against
the form of the statute in that case ma& and
provided.
The Latin copy of the Indtetmeot is M
follows :
DouiNus Rex s. Core et Woodburne.
' Suffolk, ff . Jur* pro Dom' Rege super sacra-
ment'suum pr8Psentant,quod Johan'Woodbume,
Duper de Burgo de Bury Sancti Edraundi in
com' Suft'Miob', et Arundel Coke, alias Cooke,
Duper de Burgo prsed'. Arm', post 34 diem
Jauii, anno l><iia* 1731, scil' 1 die Jsnuar*,
anno regni Doin' Georgii nunc Retris Magnce
Britan', &c. 8, machinantes quendam Edir'
Cri!}|)e, Gen', adtunc et adhuc existen' subdit'
dirti Horn' Regis nunc, mahemare et delbr-
mare, a pud Burg' pred' in com' prscd', ?i et
armis, ike. in et super pr»d' Edw' Crispe, in
pace riei, et dicti Dom' Re^ adtunc et ibid'
existen', ex propusito (An^Iice * on purpose')
ac ex malitiis suis precojg^tat', et p«- insidias
(Anglice * by lying in wait') illicite et telonice
in«ult* fecer' Et quod prsed' Johan' Wood-
burne cum quadam Secure (Anglice * a bill')
falor' nn' deiiar', quam ipse idem Johan' in
manu sua dextra adtunc et ibid' habuit et tenuit,
nasum prsefat' Edw' Crispe ex nroposito ac ex
malitia sua prsecoptat', et per insidias, adtunc
et ibid' illicite et felonire fidit (Ansriice < did stif')
cum intention' ad eund' Edward' Crispe iu fa-
ciendo mtNlu nned' uiahemand' et derormand*.
duodqiie proHl' Arundel, tempore felon' pnad',
per iira'fat' Johan' Woodburne, moilo et forma
pried', illicitoct fnlonioe commisa'et per|ietrat',
scil' eod' 1 die Januar', rnno 8 tuprad', apnd
Bun;' pnt:d' in com' pned' ex prnp<»sito ac ax
roalitia sua prsccogitat', et \\er insidias, illicite
ct Telonice fuit pnexens, auxiiians, et abettana
prierhr Johan' Woodburne ad lelon' pr»d\ ia
jbrma praMl', felonioe oominittend' et parpo-
Irand'. £t sic Jnr* prml' dicant aapar aaor^
«MDt'' nnm pnnd*, fiiod pmd* Johiv' Wtii-
bume, et Arondel, dido 1 die Januar', anno 8
sttpradict', apud Burg' pned' in com' pned', yi
et armis, &c. ex propositi ac ex nialitiia auia
prsecogitat', et per insidias, felon' pned' in
form' prsetl', illicite et telonice commiser' ct
per|)etraver', et uterque eor' cominisii et perpe-
travit, contra pacem dicti Dom' Regis nunc,
coron' et digniiat' suas, necnon contra farm'
Stat' iu bujusm' casu edit' el provis'.
Clerk if th€ Arraigns. Haw sayest thao,
John Woodburne? Art thou Goiltv of the
felony whereof thou standest indicted, or Not
Guilty ?
Fritoner, Not Guilty.
CL o/Arr. Culprit,'How wilt thou be tneAt
Fritimer, By God and my country.
67. ofArr. God send thee a good deli? eranat.
How sayest thou, Arundel Coke alias Coukep
art thou Guilty of the felony whereof thoa
standest indicted,'or Not Guilty ?
rriaoner. Not Guilty.
Cl.vfArr, Culprit, How wilt thou be triad f
Prisoner, By God and my country.
Cl.qfArr. God send thee a good delitaii-
ance. You John Woodburne, and Arundel
Coke alias Cooke, the prisoners at the bar«
hearken to what is said to you. Those good
men that are now called and do here appear,
are those that are to pass between our ao?»«
reign lord the kint; and you, U|>on your aereral
lif es or deaths ; if therefore you, or either of
you, will challenge them or any of them, yoa
must challenge them as they come to tbe book
to be sworn, before they are sworn, and yo^
shall be beard.
CI. of Arr, CTv&Ty gire the lKX»k to
Thomas Buckingnam, George (/ross,
Nicholas Alger, Samuel Bridge,
Ambrose Gallant, Jonathan Clements,
George Goddard, Thomas Tay jor,
Robert Gall, Simon Reeve,
William Scott, William May.
CLofArr, Count these.
Cryer, Are you all sworn, Gentlemen ?
Jun/, Yes.
CL of Arr. Make a Proclamation.
Cryvr. O Yes ! If any of you can infom
my k>rd the king's justice, tbe king's attumej
or solicitor general, of any treason, murder,
felony, or other misdemeanour committed fay
the prisoners at the bar, or either of them,
I come forth, an«l you shall l»e heard, for iha
I prisoners at the Imr now stand upon their deli-
j verance : And all persons bound by recogni*
: Bsnce to uroiiecute them, or either of them,
I come fortli and prosecute, or you will fbrfeife
! your recognizHiK'es.
CL of Arr. John W<M>dbume, and Arundel
- Coke alias Cooke, hold up your hamla. Geo* ■ '
tiemen of the jnrv, lofdc upon tbe prkoneia^ s
and hearken to their cliargai they aund \mtt «■
dieted by tlie nawu of John Waodbume, lal««f .itf
tba borongb of Bury St. Edmonda, ia Iha
flanqW ofSiiMk, JabMMr, and Anindal OalH
■liM Coolw, aT tho boni«k«AnnidB «il»|i
Jtir di^gurirtg Edward Crispe.
A, D. 1722*
[5S.
Uir iBtliciment before- mrn>
-'- " * '-^t ■'* rhey hnve been
Not GtiiUy :
lease }oui lardslirp, ami
I irv, 1 niu of cotmsrl fiir
15 at the Uar, ^'klio
^ i t ?'>danil 53*1 Car,
iif," jiiid tlie indictment
, liiU iL^.^ |*«i90«}er6, the 1st day t»f Ja<
wmf,mti%m 84b year of h» present majesty,
Umy Sl EchnoOfiK in this county, did on pur-
f«»«»l nf m&lior lc>r«-ltioy^lit, and by lying
aw«,ai;k«! mn i»«»«tiU iinlftwfully and fdoni*
«aif «f»o £iiw»nl Oris|>e, gent, and that the
V«M,JttlMi W«Oflbunie, witb a bill which
WteWd IB bis ri^ht hand, did ou purpO!>e|
'm ffif«*tlHm§iii 4 11(1 liv lyifi; i» wait,
■ie ^ the •!! 1 €ri&pe, with
In •t^doitiir t' ^ '' the said Eil-
an' prifoner, Arundel
» limr ^ 1 11 an i; the said felo-
iHn fare-thnug'ht,
i»H I .iiily and felo-
y aidiug and aL>ettjn(r the said
true io coiiifnit (iic* said felony : aU
to be (ione contrary to the form
If wr i*ho arc connael for the
i»t this matter, you will find ibem
Ml
it p1<
re, ftir I J
t id' kinc
i^l
your lordship,
tnrv I am counsel t
t the prisoners
ri»n the statute
one for mali-
i;;i^ of Edward
ti{* ihut tact, whiLti
I tl»e tiaiiic otfrrice ;
WiM» cunnst'l for the kin;^,
flu* ii««j»ty, a« iht* fatbrr of his peo-
Civ ibeir •alitiyi out of his natural
luili K4n«fi i^Mcimmly pte:i»ed p^rti-
I Ml f«x*f^ ^''<' |>i'i»«iecuiioci for lui Iti^rrid
dy as isffaiistuattAn. And thotjj^h,
VA, It M tUtHciiU tu stand in this place
til* lC?rate«tt tetMlemeM lo our feiloiw-
- -— -l-^*r- -fv^ » V" ijvi'sted Iheni-
■ to he such ;
, ^...^ . jir«»jde not to
y9%£ ^ Rtt lai &« IS r<HiM)Mteut
Tlii-ir tirosirntion is be-
iittrf>rri d ; for«0
► j«n*"T* "iM Itaw , iuTe, tlie
^iw, mid Imt at the
r n* the oit?, and ao
ler. Weslmll
r rrtinfiiiUrd,
iut-
>t ii, and
Mr. Coke
I whowaa
rj^M) to
sup at his house ; that Mr. Coke prepofltd
him t'? ..*, nj>..r '■••iper to miiJce a visit to Mn
Mui'^ !^ %te luention vi-itbaut afi|
the kiL :„-!!.;...) to which IVlr. CrispecoD
seDted ; that Mrs. IMonke^a house opens iut^l
the church-yard^ ivhich \s but crosses the vra]
from Mr. Coke's house ; that Mr Coke I
Mr. Cntpealon^ with him aliout ten or elevo
at flight, it berng;^ dark, into the chuich-yar^
anil walked him about near Mrs. Monkeys doof^
without ^oing ioi and then making «ome noise
or t^hisiling, a person came up to him and
knocked hmi down, aAer which he was uol
seusible 3 tlrnl being lef\ tnr dead, after some
time he ffot up, and returned, he did not know
how, to ftir. Coke's house, %vhere the coiupanj
received hi in fviih great consternation , as did
**- Coke hiiiiaclf, who soon returned after
Mr.
walking out with Mr. Crispe, out of bteaUi,
and called for a glass of wine ; and bting asked
what was become of Mr, Crispei said he was
stLimbling home in the daik. Tlit« we shall
profe by Mr. Brown, another relatioo. \?e
shall prove by Mr. Sturgeon, who was called aa
his surgeon, Ihe condition of his wounds ; and
by Carter, a blacksroilb, that Mr. Coke aliout
the Friday before the fact was committed, sent
for him, and asked (after a |itef ious discourse
of Carter's poferty, and how be might li?«
well in the world) it he would cut off ten mens*
beads without remorse j whieb, when Carter
Slid lie could not, It he would cut ofT one man'i
head, and lay it before Coke ; which Carter re-
fusing, [VI r. Coke bid him consider on it, and
coiije {i{*ain ; then gave him a gla^s of brandy,
and disuii«si*d bim, bidding him send Wood*
buruc to him. We shall prove by one Moontt
a ♦ailor, tliut Mr, Coke iiboui three years since
solicited him to the like effrrt. We shall prove
by VV iltel the coii!*t;ible, th^t afier Woodburne
was liikcii up, he confeiiSed ihe fact, said he did
it with a bediming- bill , and gave him directions
where to tina it, and he found it nccordiuijrty ;
wtiich W^oodbume, when shewed hirii, ackoow-
ledged to be the same, and which we hare
here to produce, We aliall prove by Mr. We»
ilirrell tUe •(iKder, that Mr, Coke, since be wat
iu hi^ custody, confess*^ the whole fact, and
I lint Woodburne uas placed in a porch of an
em|tty hf»use near Mr. Coke's, to come out oa
a whi»<ile to do ihe fact ; and thfU he delivered
Mr. CriMpe to Wooilbornc, and was pretieni
v« lien the fact was committed. And after thtt
evidmre, tlit;re ciio be no doubt, s^enilemen,
but you wilt ttnd the prisoners at the bar Guilty
of Ibis iuthctmeut,
Hcrj. Brunihitmie. My h>rd, the defendants
are indicted of felony , upon an act of parliament^
made 22 and *rA Car, S, by which net, if anj
person or pcrftont on purpose, and of moliea
fore- thought, and by lying-in* wait, shall un«
lawl'ullv cut or disable the tongue, pot out the
eye, slit the uose, &«'. with an intention in so
i\m\^\o maim or diwfiM^ure ; the iterson or per-
sons !»o ofri^odu»L'i their counswrllors, aiders and
abettors, knowing thereof, are felons wtlbouv
beacrfii of dergy . Tbr. iudtclntQiil c^«rg.«» V\h»
59J
8 G£ORGE L Trial of John Woodhume mid Arundel
flefendants with feloaiouily making an assault
on Mr. Criape ; that Woodbunie slit his no&e
with a bill or book ; that Coke was aidiog^ and
assistinip therein. We shall be able by un-
doubted eridence to prove and make clear the
charge of the indictment, aod e?ery particular
thereof; as has been opened to vou, and that
the manner of doine it was attended with such
circumstances of iunumanity, baseness and yiI-
lany, as no iostanoe can parallel. Mr. Crispe
is brother-in-law to Mr. Coke, who on the 1st
Oa^ of Januarjrlast, under the colour of friend-
ship and affection, incites Mr. Crispe and fa-
vtiiy to supper at Coke's house. Before this
invitation he had agreed witli Woodburne for
hire, to lie in wait od purpose to effect the de-
signed mischief. When Woodburne was lying
in wait. Coke came several times to him to en-
courage him in his ?ile purpose. After supper,
Mr. Coke, uumiodful of all the obligations of
brotherly lore, of hospitality, and of the protec-
tion due to Mr. Crispe, by false and rile arts
and persuasions entices him into the church-
yard, the pUce designed and agreed upon for
the executioD of their wicked purposes. When
he had got Mr. Crispe into this place, by sign
he gave notice of it to Woodburne, who had
followed at some distance ; aud then delivered
bim into the possession of Woodburne, and was
present at the striking several bkiws with the
nook. By the nature of the instrument every
blow must maim and disfigure ; and the btows
being given by the order snd direction of Mr.
Coke by Woodburne, Mr. Crispe*s nose was slit
on purpose to maim and disfi^re by one lying
in wait : which are all the circumstances re-
nuired by the act of parliament to make them
Guilty of the felony with which they are
charged. Which several facts we shail call
our witnesses to make out, and doubt not but
the jury will find them Guilty.
8erj. Selbf. We desire, in the first place, Mr.
Edward Crispe himself may be sworn, (Which
was done accordingly.) Mr. Crispe, give an
account to my lord aud the jury of the whole
natter.
Criipt. On Kew Year's-day last I wasio-
fited to sop at Mr. Coke's, and heing there,
he proposed to me to go to Mrs. Fanny
Monke'JL ^
X. C. /. (Sir Peter King.) Was this before
or after suiiper ?
Crispe. This was before supper : we supped
about seven, and after supper about ten o'clock
he called me out of his parlour, I followed
bim ; we went into the church -yard : it v»as
then very dark, the moon did not shine. lie
took three or four turns before the house where
Mrs. Monke dwelt, then he stood still and made
Boise.
X.C. /. What kind ofnoise did he make?
Criwe. It was like a hallooing.
X. C. J. Were you under any fear or aj^re-
hanaion from that noise ?
CriMpe. Yes, my lord, 1 was afraid, and made
vp Inwards the wbU ; bat in a quarter of a mi-
nute somebody came behind me,
me down.
X. C. J. Did you know then '
wasP— Cri^«. I did not
X. C. J. Can you tell what W4
afterwards?
Critpe, My lord, I cannot, fo:
I lost my senses for some time.
X. C. J. How long was it befo
returned ?
Crispe. My lord, I cannot tell
time I got up, and returned to M
Serj. Sel^, In what conditio
yourself.^
Crispe. 1 was ready to die an
was found wery much wounded.
Seij. Branthw. Did any sui
you at Mr. Coke's?
Crispe. Yes, Sir, Mr. Sturgeoi
Xj C. J. After the person c
knocked you down, did you lie
say aiiTthiuf;? — Crispe. No, mj
X. C. J. Can you tell whethe
time, or what became of him ?
Crispe. No, I cannot.
X. 6. J. Was he there when
was giwen^ — Crispe. Yes, he wai
X. C. J. Will the prisoners as
any questions ?
Coke. Mr. Crispe, was I pres
were knocked down ?
Crispe. Yes, Sir.
Coke. Do you remember that
Crispe. Yes.
Coke. How near was I to you
Crispe. You were close by m
knocked down.
Seij. Selbjf. Call Mr. Brown a
(Which was accordingly done.)
are a relation of Mr. Coke's.
Brown, Yes, Sir, 1 married li
and he married Mr. Crispe's sist(
Seij. Selby. Were you at Mr.
last New-year'a-day at night?
Brown. A dtiy or two before las
day, I and my wife and dau^hte
to sup with him, and accordingh
came aboot six o'clock, and foi
and Mr. Crispe drinking a glass <
parlour before supper.
Seij. Selby, Was there any ol
with them ? .
Broirn. No, the women were
I sat down with them, and we
the parlour till supper- time,
was ready, we went up stairs,
supper, between eight and nine, v
down into the parlour again. So
Coke went out of the room, a
back aq[ain and save a call, oi
Mr. Crispe, who followed him ou
Serj. Selby. At what tinUe of ni
firovii. After nine o'ck>ck at n
Seij. Branthw. How long was
Coke returned?
Browji. He wat gone about te
then retomed*
Jhr disfiguriug Edward Crispe.
A.D. 17Si.
nmtAv. Was he id anydiiorder when
He eeemed to be oot of breath, is if
eo wftlkine faster than onlioary.
rmmthm. How far distant is the church-
*re this gentlewoman dwelt, from Mr.
. The church-yard is about twice the
i this shire- bouse from Mr. Coke's
BralAv. What did Coke do when he
*
L Immediately he drank a ^lass of
DC, and after he had sat some time, be
of the room. I heard a noise op stairs,
fiold my daughter was ill, I went up,
Ktlle time came down again into the
vfaere I found Mr. Coke.
innthae. Did you ask him what was
fMr. Crispe?
L I did then ask him what was become
rispe, and be told me that he believed
sne home in the dark. In about two
minates at\er. Air. Crispe came in.
verjr much wounded and bloody. I
irprtsed that I could not uke paiticular
him.
sAy. Bowlon^ was it from Crispe's
t tn his coming in again ?
u It was near'half an hour.
J. 80 then Coke returned in about ten
, and Crispe in near half an hour.
k Yes, my lord.
leAy. Did Mr. Coke see Mr. Crispe
icame back to his house ?
■. Yes.
Seiiy. What did he say f
«. Ue seemed to be in a great conster-
Bf&y. Do you know of any estate that
bit come to Mr. Coke atler Mr. Crispe's
im. I cannot positively say it of my own
^Jbiy. We will ask Mr. Crispe that
pk Praj Mr. Crispe, would any estate
gt by your death to Mr. Coke ?
Ijl^lii case I had died, 100/. per annum
if ■*« come to bis vi ife, as one of my
t^l' Hits you then no children, nor
' Np, my lord ; my next of kin are
■WiOneof which is Mr. Cuke's wife,
i jbife Ifcn one of my heirs.
3f. Ca11Mr.Sti]r(p;oii. (Who ap-
'•••iworn.) What do you know
llWi wouuding of Mr. Crfspc ?
lij" * surpeon by profesaion ; and
lB9.^ Jiuuary last at iii^ht, about
1 1 wu sent for to Mr. Crispe at
MR: When 1 came^ I found him
^^Mled and cut, and in a very
■1 and that he had lost a great
1 namined his wounds : One
lii right ear, divided the fleshy
d M ended on his upper lip
just under bis riffbt noitril ; the flesh was all
divided, and the^w left naked. Another wound
divided the right side of the nostril, and made
an oblique cross over the wound, and ended
near the right under-jaw.
8erj. Seiby, Was his nose slit f
Sturg. Yes, Sir, the nose was cut from
without into the nostril ; the edge of the nose
was not cut through, but there was a cut or
slit in the nose that went through : I sewed it
up : It was indeed but with one stitch : it is
yet visible, and the nose was cut through.
Serj. Selln/. Were there any other wounds f
Sturg, There was another deep wound under
his chin, that reached from one jaw to the
other. There was another wound, which began
at his chin, crossed the left under-jaw, and
tended towards his ear. There was also a
small wound on his left cheek, another on his
upper lip, and another on his lefl temple.
Herj. Selby. How many wounds had be in all P
Sturg, Seven.
Herj. Selby, Do you think there were seven
distinct wounds, that had seven distinct hlowaf
Sturg. I take it, that every one of the seven
wounds had a distinct blow.
Sen. Selby. With what instrument did yon
apprehend those blows were given ?
Siurg^ It was cut so clean that 1 thought it
was done either by a knife or razor.
L, C. J. Let the jury aee Mr. Crispe's
wounds.
Then bis face and wounds were shewn to th»
Jury for their observation.
Serj. Branthw, Swear Charles Willet.
(Which was done accordingly). I think yon
are a constable in Bury St. Edmonds ?
Willet. lam.
Serj. Brantkw. Had you any occasion to
speak to Woodburae concerning this matter ;
and what did he sayP
Willet. I had a warrant from alderman
Wright and Mr. Serjeant Reynolds to appre*
bend Coke upon Woodbume's examination.
Seij. Branthv, The question asked vou is,
what you know of Woodbume's conhissiou,
and what he said to you about this matter.'
Willet, After Woo<lburne was committed, I
was with him, and asked him, whether he was
concerned in the wounding of Mr. Crispe?
Ue told me, Yes, he was. 1 asked him how
long Coke staid with him ? He said that he
had struck Crispe three or lour bloivs before
Coke left him.
Serj. Brunthw. What else did you ask him,
or did he say to yon ?
Willet. lie told me, that he was walking up
and down in the church-yard when Coke
whistled to him, and that on that signal he went
up and assaulted Mr. Crispp.
Serj. Branthw. Did he give yon any ac-
count how long and where he waited befbre the
fact was done i*
Willet. He told me, that he was desired by
Mr. Coke to be up and down in the church-
yard about nine o'clock that night \ and that
m
8 GEORGE L Trial nf John JVoodbumc and Arundel Coh^
f R cold oierbt Coke v:ive bim a botlle of
dyf and toM hitn he cuuld not telt whtt
lime Cmpe woultl c<iiiie Nimhv, but desired linn
'^lo be reudy, mid lo fttay^ ttri ii be ne^er !iO toii^*
Scij. Brant hw. Did be teli you wttb what
iDBtriunent be did it f
H'i/ii'i. He told me^ he did it with an botik
• hih, that wan nt* w if round for I be purifo^e,
pd I hut it wa^ in hm house at tb<' Hi(lit hund
TiOl' bis door. 1 wrnt aceordiu^ to bi^ direction,
^Snd found it, and broug-bt it to hiin ; ami he
aid, that was the book^ — The hook I bare
ou^ht with me, umt this la tbe bouk tfiut I
FliavPDOW in my baud.
Hr. Haby. Call WiHinm Weiberel. (Who
fmti% sw»m.) Gi?e my lord and the jury an
|ttCCount nbal you knuw of thi^ matter^
Weih^reL \ am the (fjinler ; and ibe day
liifter Mr. Coke was committed to me^ about fite
ntntite« after one, be sent for me up into bis
Jtliamber, where his wife was cryinsT and in
preat disorder, as be seemei) to be hkewise.
She was desiring^ htr hntiband to discover,
i^hen lie came to bimsetC be tobl me, that lie
and Woodburne had bad a design to murder Mr,
brispe, and hud attempted u several times \.
land desireil me to g^o and *!epvire Woodburne.
\^ went to tbe alderman, and told tiim <>f it, and
I gSive me tbe like ordersi« Coming from the
'Alderman 1 met Mr Coke's man, who a»vked
me* whether I had fouiul him f On which I
asked bim, who^ and uhat he meant, tbinking
bitn to be i|^noratit of bis master^!* confessiuii i
but be told me, that his master bad dUcoiered
it to him, and had aewt hira to take up W^ood-
btirne. Whilst we were talking, we saw Wood-
burne commit up, and we desired one Jotin
Carter, a smith, who was shoeing a horse, to
assist ui ; which he did^ and we aecureit
Woodburne.
L, C, J, Did Mr, Coke confesi any thin^
t you conceruiug^ this fact, and ttie manner of
^ doiflff it ?
Welh, Yes, my lord, be did. He told me
teferal times, that he had n design to niunlipr
Cri«i|)e, nnd that be employed Woodbtirtie, und
deltvet ed Cri»pe into his hands.
t, C. /. Did be tell you thai?
Weth, He did tell me so : he totd me al^,
that it was done with an hook ; and that be
bid Woodburne lo cut bis weasand or wind-
pipe ; and that if VVorHlhtirne had not been a
cow 'hearted do^^, he would buve so done, and
M!ure<i Criape from tclbuir taltt.
Mr. Hah^. Did Coke lell you what means
Ike used to do ibis to Mr. Crt^pr f
Welh, He liaid^ that he called him out of bis
' liouse, went into the chmcb-yard Hiih bsra,
and there be delivered him iiito Woodhurne^s
bands.
Mr. Rahy* Did he fay what signal was
^tf en ?
Weth, Not that 1 reoipmber ; but he said,
that Woodburne was pluced there by bis ap-
pointment*
Mr. Rabif, For what design?
With. With an mteut if* murder bim. Wbca
Woodburne struck him^ Coke aaid, b« weal
away immediately.
Mr. Ratfi/, What have you heard Wood*
burue say concerning this fact?
Wtth. J have heard Wooiihume say, that he '
and Coke had lain in wait lieveral times, uad at
several places, to niurder Mr. Crispe. J
Mr, HuOif. Did Woodburne p?e you rnnf I
account what he did at tbi^timeto Mr'f" *
IV^th* Ves, be did; be said that t^
biin a blow with bin hook, and that niafiiiiEr «
strikiu«f htm duwo^ be s^are bim a second hWw| I
svhich did ; and that Crispe, as be was fatltfi^, I
(^ho was never used to swear) cried out, G<mI '
damn bim ; anil that tlien it went to hiii
heart to think tbnt he should kill a man
an oath in his mouth.
BIr. Raby, Did be aay he gave hini sen
blows?
TfVfA. He said be gfave him several bl
and that ht^ thought he Vfrmt dr^ad.
Mr. Lee. Call Rfibcrt ^loon. (VVho?i]tp«ai
and was sworn ) Wiiat do you know of
matter ?
Moon. AVben I heard what hspptn^i
Cris|»e, 1 said, I kntw the person who dii
or the person who einpk>y*?d hitti to do it j
the reason was, bi^cause three vearR, or ll
years and a half ago, Mr. Cote sent f»»r me^
and suid to me, at tirst I thought it to bo iu a
jestii»ir way, that he wished Mr. Crisps out of
ibe world, be was a pfood-for-noibintj felloit ;'
bis wi(e had a trhk of playing- away bis estate^
and he wished somebudy viould knock him oa
tiie liead. 81 r, said t to bim, what adrania^
«\ould that \}p to you f lie shook his bead, ami
said, a very g"oo<l csiate. HM I, 1 tboLic*fht
Crispe bad out a i«maU estate. Yes, said he, a
very good one. Thtn ) hey^an to think ther*
wassonje»hingin it : after some little timp, said
hp, I do not Tflhie ten or twenty (^'uineas to
knock him on the bead. 'I'ben 1 heg^an a little
to reflect that lie shoubl have such on <!ft[niuri
of me, that [ sbould be such a sort of a p rsfm,
Mr. Lee. What then did yon say to hiui :*
Moon. I told htm, that f would not kiU the
j^reate&i villain lu tbe world for ten such towDf
as Biiry«
Mr. Lee. What did lie say afterwards ?
Moon. I do not remember, 1 liave forgot if
there was any tbiogf else.
Mr. Lee. Row came you fo remember this?
Moon When I heard of this fact committed
om Mr. Crispe, tbtn tt came fresh into mf
memory.
Serj* &%. Call John Carter. (Who ap-
peared and was sworn.) What trade are you ol?
Carter, A blacksmith.
8erj. Selby, Did Coke at any time seod
Woodburne tor you^ and what past thereon ?
Carter. On the Friday before New-y ear's*
dity last, which was on u Monday, Mr. Coke
sent Wood I) II rue to me v*ho told me his master
Coke wanted to speak with me.
Serj. Setby. Did you ^?
Carter. Yes ; J went lo his hoisse. and he
ordered me to come up-to him io bis chamber.
Jar ditfiguring Edward Critpe.
A. D. 1728.
l&i
mm wtnm^ norsr u^oirry ht» weight
l^Mm^kmm oimty oue ibeo ; but
tip, he li)TtJ rnrtliHt he waoled a
S^mm^ liorsr u^oirry ht» weight. J tolU iiim
wHkoiiw ofmoy oue Oicd ; but when I Jirl,
; he Buid, Bv
iiear you batre
m^^ , you hav« lyoL no iron
wmm^^^ «iiil ^ oy art iih ild of a gaol; 1 have
% dMK IMW In a^iliiiiuD UiRt mil make a
IttiA W* foo a« lori^ aa you tlve. 1 s^U 1
^mMht terv |riii»i of ihai. 8iii(l he, tun you
Vs^ ^^trrtf Ves^ said t, aa well as aoy one,
%^«rw»j«df and inv IHrnd» Said he, ca«
"^ kf)i «•»• lif liiM liiif^vflt B€cr(*ts io ihe
mdi ? i totii 1 . 1 1 as any Imfjr. 8aid
h^j^mm^ prt-r, i mdeln/aiul it you will
mm at di ibm^ i can make a msin oi you iis
l^» foti lir« : do som ibiuk you could cut
fveviv ii>m's h«>aifM ofT without scruple of
^ " » ? 1 lold him, No ; it was loo mych
9% mmaL*% cmucivnve to bear. Said be, W hat^
lis oT i*0ii«cieace to do a«ch a tbiocr as
-r- above who have done ten
t»0!i«, Sir, $aid f, you mean
A0immk'tM^i\ grniiemen. Yes, said he, so I
%; Mj bate ruined fumtUcs, aud be^^^rared
Iftdaoam r to cut men's heads off h hut a
ttAe to tiieru, 8aid [, Mr. Coke, I believe
C^(^t».K in if.L* by ivay of merrimeut.
■«. ^^ I ink I "sent for you by
Saf^'A^ I I could not do any
llMiiir. i ! lie, do you think you
^ cat aa cK>^ ad without scruple of
mmmmtct f I i«»hl him, No. Then, said be,
i ym canH cul off a man's bead, and lay it
Ait spoil tbe table Ucfure oie^ you are not for
my mm ; C>o Ihut he (ctciied a bottle of brandy,
I Ave : or tivo, and then liaid to
^Carlrr have you go home, and
r ii4 II lut iHo or ihree days, and if you
Inff a Qtoii*! bead without scruple of con-
jofi tliall have plenty of gold and ^il*
] to/ lliiiiff elve you ask. 1 told hiru^
laa coaatokratioit, for I could not do it.
T^Bi^ wud l4c, Muil Wood burn e Io me* And
*1 went mtU 1 ^:iiv W oodburne at the door,
aailMsil btDi iff ke*
tmj, Sclly. * ly any things eUe to
iaa^«r any Uuuv' uUmii \!r. Cnspe?
ij4^gi€r. 1 bf e laa houiut* of Mr» Crispc^s, and
I bftil btan formerly bis steward, and
acied under him. And Mr. Coke
bisanl my bo«jae was out of repair,
M be liu ajicr Ulr. Crisped and v^he-
lik<
ba bail
Tur iiioi to keep
and 4mli^99f b)
Lgioa* f»utt h-
ij ao^ the nta >'
aait ibai '
aad abitivi
sta-
ijtMc (for
by their
r ac-
> to
(«1 Uuf yU%utf« : aisd
therefore, Gentlemen of the jury, we cannot
doubt but that you wilt iiiid them botli iruihy ;
and that your verdict and their couiiciioo fvill
be with lb e suffrage of all mankind.
Mr. R(tb^- My lord, having- ij^one ihroujfb
our evidence, you will now permit me to make
some few observatious upon what has Iwen of-
fered, and from which we humbty apprehend it
will most clearly appear, that we have fuUy
proved and iim*1e out every thing ncce«»ary to
maintain this indictment.
My lord, it must be agreed, that ibis is an
ofleoce created by a particular n(^ tJ7 tiAvVm*
meat, usually calleil sirJtdmC^ ct^
made on the occasion of the lii^ nuf
usage be met with, to punish thRt otfence, and
to prevent the like Ibr the future: anti 1 aUo
agreei that the prisoners miist apiH-ar to be
guilty of those very facts, which by that act
are made felony, or otherwise they cannot be
punished by that law. But we Immbly appre-
bend, that when that law, and the evidence
which has been given against tlie prisoners arc
considered, they will appear to be guilty with-
in the express words ot that law ; for which
end 1 beg leave to mention that act, which is
the 22 and 2S Car. 2, cap. 1, the wordii are
these ; ^^ That if any person or persons, oa
purpose, and of mahce fore-thougnt, aud by
Iviog in wait^ shall unlawfully cut or disable
tne tongue, put out an eye, shtthe uose, &c.
with an mteotion in so doing to n>aim or disfi-
gure, in any the manners before- mentioned »
the person or persons so offending, their coun-
ctellors, aiders, aud abettors (knowing of, and
privy to the offence aforesaid) shall be felons ^
From this cl&uie it appears the offence must
be done ;
1. Of malice fore-thought,
3. By lying in wait.
3. Bj^ slitting the nose, &c.
4. VV tth na inteutiou to maim or disfigure*
And we humbly submit ir, that from the
e?idence which has been given against the nri-
sonerSy it most plainly ajtptar^, thattlic deki^*
dan ts are guilty of this offence in c^ ery Cir-
cumstance described by thiii act ol pi^rriiituent.
1. For certainly there cannot In- tlic Irani
question, but that ibis was done ot re-
thought, when it appears from the lo
have been under consideration, and prLUiedi-
tated for three years and an half: and Mr*
Coke had tried several persons, before he couJtl
find any so hardy as to execute bis ba»e pitr*
pose, or comply with so inhumnu ^" -" pi;
and therefore we apprehend th*i l*e
uny colour to say, tnis was not of i**.*.*^^ ..;ۥ
thought.
'J. And that this offence was also done ivttb
VI ait is as clear: for docs it not fully
; ii]H>n the evidence of Mr. Crispe^ that
when lie fiame out of Mr. Coke's bouse, Mr,
Coke gave a whittle or signal ? In vain had
Mr. Coke giveti that «ignaT, if no per»oii bad
been in woitiuj? to have hcanl it : to whol end
had tbit figual been given, U' Mr* Cake ba<il
I
GEORGE I. Trial of John JVoodhume and Arundel Coke, [79
I L. C, J. Have joa anj witDetsen, or iny
body to speak fur you ?
fi'oodburne. My lord, here are my twodao^-
ters in llie Court ; I desire yonr lordkhip wouM-
be pleased to hear tbem, Xiin Woodbnfrie aod
Sarah Woodburne. (Who beings caDed, ap*
peared, and were sworn.)
L. C. J. What say you, Ann Woodbwroef
Ann Woodburne. On the Wednesday belhM
New-year's- day Coke sent for my ftither bjr
bis boy ; I told the boy my father was in bed,
and sick of an ague, and could ont come. Th«
boy came afs^n, and said,' my father must by
1^ ■
IJi.
1 !•>.<
...-.
*
s.
acci.
3.
:«r vou iiani sciven him those se-
^ \ -or iioiik/^vhat did you nexl?
?es$ju immediately to reflect
•^ . /^c. i.x\i went away forthwith
. .fiac. « uere 1 was about to take a
^ ^ « ac<f .
• ^a . s -.eer. )r rudiolenance, or
«tf juictnwuc or information
..^^r !«r ^;«l'«iHiaiit5 jointly and
« .44s. ' MiMii euotudiferunt, et
.^ . o«.^iVic; ' jr *'»|uod aspor-
.. m^ «. Clique ^>fMiiavit ;*' or may
.-,i\ 'uiv. .viihout charging
^«.^i«a« t. suiiicieuthr apjicars,
>^ «..,u .1 a»». '.tadi r ibey joined
u.<t * i h: im:h of them
. «..v«. i <>itow!fv cbax on snch
,». »..»;«; d M*iiiv v>f ihe defen-
^w.t.iLU. -.au >uitfr» convicted ;
-.*> .1 iH; jiiaix^ &s several
%«N«.i itf «*uu:^ H it purport
''« .ivu^v ijoict^ doth not
V w.u 4Ci if dll the de-
.^ ^..«.*: ict vuitfd with some
.. v:. .1. .cicci JT omission of
..tv»h tjicti it would be no
. .-. j[^ t oiui imde without
>. .;. .«u> t|t^r\uKtit'ship re-
.^. ...<., 1 » oivti ott«e it must be
v<. . «-ii^«i '.iduVr which must
....« .««; *}i HHNU way offend
»« ... ux. .ti«; jumts not, the in*
.. . ...;v*u .ua«i ^'baripv ihem se-
.:«> V . 'Uk :t is absurd to
.%.v. VwAU3tf ih«* olfenoe of
. . .».,> iwoA k avfivc pecidiar to
, .« tv i^v 'cdiM^u a joint in-
^ ■ •«..«, 'CI :it>i lepairiog' the
^^.sM..-^^ ^vuti iMi'nuuashed."
N^^ ^^- j«, ^.M>, one reason
!w.cu^%uibi cannot be
.^, •>. ;i«,'ijur\ is, that the
v »4i Vi'*.^ ^^ ''^'^ evidence
.^wuiui oue. I recollect
^. . *%tWiM tried toother
V ^vk.uoi All J experienced
vv .»««Atly statetl in his
..» ,>«4.i%>uly *f the evi-
V .vic to both the pri-
, ^. .. -t.^ •.I.C4I, nhen thejii-
, .. .• .a .1 %«:»dici of guilty
-. ?^ ^.ca*^ w to the ground
" , \ .%H, 5 a|»|»o»red that the v
.(^^j^X^ti ••»»*««.•» the whole
* ^ ^, ,.;«» tariiitir insttruction,
• '/* .^s jiihI convicted one
** >...^ '^M^ry, and Saver,
^ '-^ I't* w^aiutfiit. (qu. com-
"^S^a, . ,M< that anv man,
^^^^' ,j| r»»»^»** in the same
all means come ; but he wooM not then go';
but he went to him on New -year's- day m tb*.
momiAg, and came home again. Aboat five
or six o*ck)ck in the evening, my father weal
ont with a hook in his hand ; arid he sakl, he
should not be at home till eleven or twelve at
night ; and if any body came for him, he bid
us not take anv notice but that he was at home.
We thought te took the hook to cut some
wood with.
L. C, J. Have you any thing more to say f
Ann Woodburne. When my mother died, I
went to Mr. Coke's to borrow 5s. of him, to
have the c^reat bell toll for my mother, and
told him, that my father would pay him again.
He said, what signified the ringing of the
great bell ? Her soul would be never the betttr
for it ; but if he will satisfy me in my request^
be shall have five times five shillings.
L. C. J. Whot say you, Sarah Woodbaraef
Sarah Woodburne. Coke did frequently send
for my father at all times, b<}th of day and
nijrht ; and he would often come to my rather,
and when lie came, they would go out, and
walk down the back-side, and talk together.
After this fact was done, Coke sent his boy f&t
my father, and the boy snid, they must not go
together ; for if they did, people would Ukf
notice of them.
L. C. J. Woodburne, have you any thing
more to say P
Woodburne. This day nine weeks, which
was a week after the fact cominitte<l. Coke
sent for me, and said, John, 1 wish yon wonid
have done the thing 1 ordered yon ; hot yoe
have been before alderman Wright and the
recorder, and have told your story well ; hot
bold you fast, they will examine you again ; 1
shall —
L. C. J. This is subsequent to the fact, and
is not evidence as^ainst Coke. If you, Wood-
burne, have done, then Mr. Coke, what baft
you to say for yourself?
Coke. Way It please your lordship, 1 an
much ashamed, and very unable to defend
myself; I am ashamed to think 1 should be
concerned in so heinous a crime against Mr.
Crispe's life ; I am even confoundeil at it ; it
is indeed a very great crime, and ! know not
what to say for myself. As for Woodbnmo^
he hath asserted against me several things tint
are false.
L. C. J. 1 hare told the jury, that whnt kp
bath said is no erideoce against you.
Jor di^lgftnng EdxxHtri Crispe,
A. D* 1722*
fCdbr. Wli«0 1 fk«l rnkt «f this matter t/i
b« Mtl, be ib^d value it do
«M» tiMB Ilie ritttiiif; off tKe head of a
^. I M, kd^^d^ n^o o«ft wiih Mr. Crispe
tteoi^lil, tHii 1 WA* H«H near him vrben Wood-
ymwm mwdk hkai, bui rrtrt^ated to my own
l«w m * tmommuL My lard, 1 am rery sen-
iiirikift a fwiiit ^ law may arise on the sta-
MiK «Wr«B« 1 am mdicted.
LC i Wh^trvmf
Cskm, liAli reMpvol to my inienlion.
1. C /. Yoor loMimoD is matter of fact,
bjj' T^rr f-rr ; whether yoor
lar *^j thii doth not
mr lo l»t* f ' . Uvv ; if there be
«ff«ftlafla>^ »ri«Cf you shall have
§fm^ ; i . rfiil whether you slit
Hi wiiH an intcotion to disfigure
laMilitfffart.
Mjr ialmt was to tiill Mr, Crispe, and
■:»Tm «r tfffflgiMre him.*
' ' MS the question ihe jury
V au did not ot' Dtalice sht
k«*»-5^ wtih jii latent to dt^6^re him? If
li*/m do ocil Hud ihut yoit so did, yw% must
W ^mfguMt^ Oil iht« indidftient. Hopposing-
' iif« f«^SA lo kiUp yet your de«i^ might
wtm to niBim ; and this the jury must
of fact for thtirconsi-
C^e. "niii% it m twy peool rtatute, and I nm
■^ It. ^Am-utl nt*^ Abvii eause ; I beg your
•4i iiseL
4' ' I f taw doth arise upon
il ttauiir, yms fthail hare cmtiisel ; but aa
M n'Hhitisf ^^^t matter of tact ; wbe-
tike I5act [*TOfed doih «itrjfporl the charge
riMi«rtniefit ; or, in other words, whether
n^mnb lit- t ui make ^ood the
^m^ • thm fTM to ihe jury ; I will
■^ J ii» ill Hi!, and ibey are on their
Mp > thdr verdict,
CI»U. I iii« i« a very penal alatute, and f
aaaac mwigita it for myWlf ; 1 hope your lord-
<>n thiif luhject, «ee Haw-
. .. -. -, i,t Crown, book 1, ch, S5,
e, ^ I (»oo thia CaiM*,*' tay^ Mr. Eaal
Lftw. ebap. 7, tfct. Ii ) '* Mr. Justice
■errrd, ihul il seemed to him that
>aiai of thi4 defence, ullowin|r the in*
I H> lir what I he prisnopi^ contendefl, was
^AehuI ; aii4l that an intrtaton of violence
ifctuiiiiiual and malignant could not exctise
^mimm otte tliaf wa4 le«a so. Vet on the
•• ■ am- «*f i! 1 00 Carrd'fl Caae,
W^S. «f}.| \ v|kfea8ecl tome dtssci'
M^MI wiib Uiki rnte, nud tbouglit at Icait
telWoMiatnicikm onsht not to be carried
ii^ar.** Lftf»i H- ' ' - ' i T.-, Ihatcri.
^aliUUile* •! hy equity.
Mm i^aii ife^ i-...; .*...;... k„ i^,. |*artof the
Mm b diradiiif the jury did L. C\ J. Kintf
tf^B M ^.f^fCr^htr ii> thii iuvt- Mm> reasiiniiicf
I lhe!ii):lh
rl
»hip will astt^n mo counsel ; thia is tho first
indictment tliai over wna upoii Ihts atatiale.
£, C. J. ^Vhat do the king'H counsel sst
to fi ?
Seij. Sflhy, After so full an answer as your
fordship haii g:iveD, I think il but vain to say
any thing ; I a) way a ibought that no matter
of law could arise upon thia fact and indict*
meot, for Woodlnirne did the fact of malice
forest houyht, by lywi|^ in wait, and with an \n*
tention to maim ; Mr Coke was aiding^, abeU
ing, and privy to the fact : therelbi-«, ihougit
il waa ao intent to kill, it must be to maim
also ; he could not intend to kilt him with such
an instrument, without intending to maim bim
ftrst; and therefore, if their were two in tea*
tioos, and but one executed, there is bo pre-
tence to say, that what was executed was oof
intended. Mr, Coke says, that never was any
iod ictra en t before upon this slalule; if not, if
must be because no nmo before ever thought of
being guilty of ao horrLil an aclicn.
L. C^ J, If any point in law doth arise you
shall have counsel : hut the fact must be
agreed and stated, before the law can come iit
debate. You say, your intent was only to
murder ; but that is not yet agreed or found
to be the fact : it is the point now in trial,
whether you did it not with an intention to
maim or dj!ifi^:ure ^ and according as that in*
l^ntioD shall appear to the jury, so will they
either acquit or convict you ; therefore, if you
have any Ihiiftg more to say, 1 desire you to
go on.
Coke. I submit to your lordship's judgment,
Ir. C* J. Gentlemen of the jury, this is an
indictment of the prisoners at the bar, John
VVoodburne and Arundel Coke, tor fek)»y, by
lying in wait, and purposely and maliciously
slitting the nose of Edward Crispe« with in*
tention, tn s*> ihing, to maim or dii»figui'e the
said Bdward Oispe, John VVotMlburne ta in*
dieted for the principal nctor, or Ihe person
who did till* fact ; and Arundel Coke is in^
dieted for being present^ aiding and alietling.
This inditlmenl is ffjunded on a statute made
in ibe *2'ln*^ year of king Chsrifs tlie itecoud^
entitled. " An Act to prevent uiidiciuus maim-
tiig and wouufling ;^* wherr by it is tTiacted, thai
if any pf rs<m or pei^ons, from and after ihe
a4th*day of June, in the year of our Lord
1671, on purpi»se, and of malice fore-thought,
and by lyingr in wait, should unlawfully cut
out, or disable the toogne, put out an eye^
iitt the no«f»^ col off a nose or lip, or disable
Muy hmb or memlier nf any suhjectof his ma-
j«^tyt with in lent ion in so d'*ing to maim or
dintigure, in any the manners before-mentioned,
uiich his raoji^ty*« subject, that then, and in
every such cuse« ihu persnn or ptTSons so
olfen (ling, their rounuellors, aiders and aliettors
(kiioMiog of, and privy io the t>lfence, as
Jilores^rtid) Minti Iw. an* I are thereby drelarpd to
be telons, and shall suffer im% Ui cases of felony,
w ilhout benefil of the clergy. Now the ques*
tirm on this indictment, h^ whether Johit
\^ oodbume did on purpose, aod of maltioa
^
^
%
»
71] 8 GEORGE L
L. C. X After yon had given him tho^e »e- i
Trral lto\^'s with your hook, what did jdu ntxi? ^
Woodburne. I began immediately to reflect
oti what 1 bad done, and went iiway forthwith
to my own honse, wbere f was about to take a
line to hang' myself.
carrying awayofadeer^ or maintenance^ or
extortion, Sec. the indictment or inforraation
nitty cither charge the defemlanls jointly and
Be?erally; as thus, ** quad custoaiverimt, et
nterque eoruni custodirit ;** or ** auod aspor-
tav erunt, et eorum uterque asportavit ;'* or may
charge them jointly only, without charginff
ihem severally, because it sufficiently ap|*eai*»,
ffOtn the construction of law, that if they joined
ID such actj they could hut be each of them
g^uilty ; and from hence it follows, that on snch
indictment or information some of tbedefcn*
dant5 m fly be acquitted, and others conTJcted ;
f}ir the law looks on the charge as several
affainsr each, though the words of it purport
only a joint charge against alL
*« But where the oBTeace indicted doth oot
wholly arise from the joint act of all the de*
fondants, but from such net joined with some
personal and particular defect or omission of
each defendant, without which it would be no
oHeoce, as ihc following' a joint trade without
haying' scrred a seven years ajiprcDticeship re-
aitired by the statute, in w htch case it must be
liie pnrtienfar defect of each trader which must
make him guilty, and one of them may offend
a^inst the statute, and the others not, the in *
dictmeut or informilion must charge them se*
ferally and not jointly ; for it is aUurd to
charge them jointly, because the offence of
sach drfeodaut arises from a defect peculiar to
tiim9ett« And for the like reason a joint in-
dictment against several, for not repairing the
fltteet before their houses, hath been quashed/'
Pleas oi' the Grown, book 2, c4j. 25, § 89.
In a Case in Strange (p. 9^1), one reason
assigm>d why severaf defend an Is cannot be
joined in one indictment for perjury is^ that the
jury niii^'ht on the trial apply to all efidence
which is but evidence agahist one. I recollect
that in a case of two persons tried together
at the Old Bailey, the learned and expenenceil
magistrate who presided clearly staled in his
charge to the jury, tliat part only of the eri-
dence girtn was ap|dicable to both the pri-
^toners: mnwithstanding which, when thejn-
rfoi*s, who had brought in a verdict of guilty
rigainst W(h, were questioned as to the ground
t>n which they proceeded, it appeared that they
bad applied against both prisoners the whole
t^videuce given; so, after farilier instructiooi
' amended their verdict, and convicsed one
Facquitted Ibe other prisoner. At the end
the t.'a^ i»f Nolde, Naliihury, and Sayer,
^toL 15, page 731, is an argument, (qu, com-
[ posed by Einlyn). to jirove that any man,
.though Joi 111 ly uidieted with oihers in tftesame
fnilictmeni, may of right imist to be tried
iingly.
Trinl of John Wnodbnme and Antndel Coke, {79
L. C. X Have you any witnesses, or any
body to speak fhr you ?
Woodburne. My loul, here are my two daugh*
ters in tlie Court ; 1 desire your lonfship wouiil'
be pleased to hear them, Ann Woodbtmw and
Sarah Woodburne. (Who being eatled, ap-
peared, and were sworn.)
L, C. J. What say you, Ann WooiMwrtie ?
Ann Wnodhurve, On the Wednesday before
New-year*S'day Coke sent for my Ikther by
kis boy ; ! told the boy my lather was in bed,
and sick of an ague, and could not come. Tbtt
boy came again, and said,' my father mtT'^t by
all means come; but he wowld not then .i. ;
but be went to litm on New -year's- day m tb«
mornitig« and came home again. About fiv9
or BIX n*clock in the evening, my father went
out with a hook in his hand ; and he said, h^
should not be at home till eleven or twelf e at
night; and if any body came tor him, he bid
us not take any notice but that he was at home.
We thought he took the hook to cut some
wood with.
L. C. J. Have you any thing more to say f
Ann Wtxxihtirni, When my mother die^, |
went to Mr. Coke*s to borrow 5s. €»f him, tut
have the [jreat bell toll for my mother, and
told him, that my father would pay him again*
He said, what signified the ringing of the
great bell i* Her soul would be never the better
f'lr it; but if he will satisfy me in my request,
he shall have five lime*! five shillings.
L. C. /. What say yon, Sarah Wood bu roe f
Sarah Woodburnc. Coke did frequpntly send
for my father at all times, both of day and
night ; and he would often come to my father,
and when lie came, they would go out, and
walk down the baek*side, and talk together.
At^er this fact was done. Coke sent his hoy fo^
my father, and the bny sniil, they must not go
together ; for if they did, people would take
notice of them.
X. C. J. Woodburne, have you any thingf
more to say P
Woodbiirne. This day nine weeks, which
was a week afker the fact committed, Coke
sent for me, and said, John, I wish you wouht
have done the thing I ordered yon ; but yoa
have been betbre alderman Wright and tb^
recorder, and have told your story well ; but
bold you fast, they will examine you again ; 1
shall —
L. C. /. This is subsequent to the lact, and
it not evidence against Coke. If you, Wood-
burne, have done, then 3flr. Coke, what have
you to say fiir yourself.*
Coke, May it please your lordship, 1 mm
mueh ashauied, and very unable to defend
myself ; I am ashamed to think 1 should be
concerned in so heinous a crime against Mr,
Crispe^s lite ; 1 am even confoundeil at it ; it
is indeed a very gieat crime, and I kni»w noi
what to say im ujyself As for Woodburne,
he haih asserted against me several things that
are false.
L. C. X T have told the jury, that what bp
baih sud is m evideace against you.
J6r Sffigmfttg Edward Crispe*
A, D. 1722,
[74
Cilr, Wh«A 1 icit WMkt of this matter to
b« wmt\^ ne ftho«ld value it no
tliK mctmg off the bead of a
d||. I iImI, #mitt<4, go o«i with Mr. Crispe
taoiflM, iMif I Wtt^MMsar tiiitl wlieti Wuod-
hmm mntk, hicB, bot n>triAiei) i^i tity own
li^M m • munacflt. My lunlf 1 am rer}/ sea-
m pnhnt of Iaw may arise on the sto-
1 min todicted.
Wiah f«M«llomy loteotioii.
. il /. Y<mr Mrt«nlioo is notter of fact,
1^ tned by ^^ /"rw - wWiher yoor
ittoanuinafi , iliis doth not
•iflM lo be a I ivv ; if there be
teCt«i« I AYi^, yod shall have
■k ! »mt *fh€iher you slit
' with an iulcotioa lo disfigure
' #f fad.
My Miettt waj to kit! Mr. Crispe, and
^1 iH the qoestiou (he jury
.>u did not ut niahce «)i(
■Vt- ^ disfi^rc him? If
•if/ \ f'U so did, you must
W M^itovi on ini^ luiiiL'tftienI* Hfipposrng
r»#«if9 was lA kill, yet your design rni^ht
U#raft to tnmtm ; and this the jury itiust
^' Mm I* nittiler of fact lor their const-
C^, TkW b « f #fy ^eiial 9la(Qte, and I am
«■»:« m plifsd my aim eause ; I beg your
,N la a>»fcu mc ronnseU
J, If any p^nnt wf law doth arise upon
If hare counsel; hut as
itiit nialter of t»et ; whe-
te 4« tskei Jirof tfd doth sii|f|K>rt the; charge
• ^ m6m:%mmii ; or, in other words, whether
'te»«5r bt »iflficient to make ^fowJ the
; tbis Mmut be lef\ to the jury ; I will
wmt tar fa ^ ud ihey are on their
Titt-^ i^ iiaI •tatute, and I
mtjptc it i I ; J hojie your lord-
I the taw opon I his suhject, see Haw-
»» of the Crown, UJiik 1, ch. 55,
. this Case/* says Mr. Ea»t
ii *P 7, scf't. 6.) ♦*Mr JuiTlice
%m» kap nbarri - ncemed lo tjitn that
I ot *e, Jillowinj; the in-
I la ^ wliti^ rtiM's conleodtNl, was
ami : . iiiieniion of violence
al %nd iii^h^unni could uot exru»c
mmm tbal wait less so. Yet on the
uT ilfc jttdgvB on CarroPs Case,
aiKf Eyre B. tlprevsed some dissn-
} iritb tj^a case, oud thought at least
Delicti ou4;ht nut to be carried
.,,v ,- , ,r,,..,\ .ft.., ibatcri.
I*y e^juilv.
^j.irt of the
I L. C* J. Ktng^
. the reason intf
jiifi of the sixth
KM chapter above
ship will assign me roundel ; this is the first
indictuieut tliat ever was up(»n ibis statute.
L, C. J. What do the king's counsel saj
to tip
Serj. $rlh/, Afier so lull an answer as your
lordship haij ^^iven, [ ihiok it but vain to say-
any tbio|r ; I tilwnys thought that no matter
of law could arise upon thii fact and indict*
meot, for Woodburue did the fact of malice
fore^tbou{j;hf, by lyiog* in wait, aod with an ia-
tentiou to roaim ; Mr Coke was aiding, abet*
ing*, and privy to the fact : therefore, thouffti
it was an intent lo kill^ it mu9t be to maim
also ; be could not intend to kill him nith sucti
ao instrumeot, without intending to inaim him
first ; and therefore, if there were two inten-
tions, and but one executed, there is no pre>
tenoe to say, that what was executed was not
intended. Mr. Coke says, that never wasaay
todictment before upon this statute ; if not, it
must be because do man before ever thought of
being- guilty of so horriil an action.
L\ C. J. If any fmint ia law dotb ariae yoil
sliall have counsel : but the fact must be
a^n-eed and stated, before the law can come ia
debate. You say, your intent was only to
murder ; but Uiat is not yet agreed or lound
to he the fact : it is the point now in trial,
whether you did it not with un intention to
maim or disB^ure ; and accord ing^ as that ia<.
tention shall appear to the jury, so will ihey
either accptit or convict you j therefore, if you
have any thing more to say, I desire yoa 10
go on.
Ci>ke, I submit to your lordship*s judgment*
L. C X Gentlemen of the jury, this is art
indictment ot the prisoners at the bar, John
Woo^Jburne and Arundel Coke, for tek»tjy, by-
lying in wait, and purpoaely and maliciously
Klittii^ the nose of £dward Crtipe, with to*
tention, in so doing, to maim or disfigure the
said Edward Crispe. John Woodburne is in-
dicted for the (trincipal actor, or the persoQ
who did the fuel ; and Arundel Coke is in-
dicted for bcMHg present, aiding and abeftiiir.
Thj5i indictment is founded on a statute made
in the '}2nil year of king Chiirles the second,
entuhfK ^^ An Act to prevent m id icious maim-
ing and wounding ;^' whereby it is enacltd, tlial
if any penMui or persons^ Irom and after the
'i4th day of June, in ihp year of our Lurd
1671, on purpose, and of niiilu-.e fore-thou]*ht,
and by [ytn^ in wait, liliould unlaw fully fut
ntit, or dtsuhle the tongue, put out ao eye,
aijt the nosr, cut off u nose or lip, or dii^bk
any limb or mendier of any subjectof bis ma*
je^ty, with inieiiritin in so doing I0 m^jfQ ^
di»dgurf, In any the uianm^rs belbre-oicaiMt^
fKiich his inajtvty^s subject, thai tbaa, wmi^
errry such case, the persna ar
ofTcnding, their 1 ouuiiellors, iid#ffti
(knowing id*, and privy to
uforeMtid) t^hnll be, and are thoiAw i
be feluos, and fihatl suffn tu^ w t
without benrfSl cdtl
tion on this tndir .
Woodbume did 0
T51
8 GEORGE L Trial of John Woodbume and Arundei Coke^ [7S
fbre> thought, and b^ Iving^ in wiit, UDlavr- ;
fully slit the nose of EJward Crispe, with an '
inteution to maim or disfi^re him therein P
And, whether Arundel Coke was feloniously
present at the fact, aiding and abetting Wood-
puriie in the commission and perpetration of
it ? To make '^ut this matter, several witnesses
have been called ; the first witness was Ed-
ward Crispe himself, who informs you, that
Arundel Coke married his sister, and Mr.
Brown, Coke's sister; and that last New-
year's- day they were iuvited to sup at Mr.
Coke's ; and that before supper Mr. Coke pro-
posed to ffo to Mrs. Monke's ; and that after
supper, about ten o'clock at night, Mr. Coke
called Mr. Crispe out of the parlour to go to
this Mrs. Monke's ; and that when they had
walked three or four turns before the bouse
where Mrs. Monke dwelt, Coke stood still,
and made a noise like a hallooing, which
made Mr. Crispe afraid, being dark, so he
made toward the wall ; but in a quarter of a
minute's time, a man came and kuock(:d him
down : who that man was, nor what Mas then
further done to him, he could not then tell,
because by the blow he lost his senses for some
time ; but afterwards he got up again, and re-
turned to Air. Coke's house, from whence he
came, but in a sad condition, much wounded
and bloody, where Mr. Sturgeon the surgeon
came to him, from whom you have the par-
ticulars of his case. He says, that Coke was
close by him when he was knocked down ;
but did not hear Coke say any thing. He
also says, that upon his death 100/. per annum
would have gone to Coke's wife, as one of his
sisters and co-heir.
The next witness is Mr. Brown, who mar-
ried Coke's sister; and he savs, tliat he, his
wife and daughter were invited to sup at Mr.
Coke's the evening of New-year's- day ; that
he came about six o'clock, and found Mr. Coke
and Mr. Crispe drinking a glass of wine in the
parlour before supper ; that he sat down and
drank with them till supper, that after supper
they three came into the parlour again, and
some time after Coke went out of the room,
and then came back again, and called Mr.
Crispe out of the room, who followed him ;
that Coke returned again in about ten minutes,
and seemed to be out of breath, as if he had
beeu walking faster than ordinary ; thatCoke's
house is distant from the church -yard alraut
twice the length of the shire-house; that
Coke, af\er he came in, drank a glass of wine ;
and that Brown asked Coke what was become
of Mr. Crispe ; and that Coke said, he be-
lieved he was gone home in the dark ; and that
in about two or three minutes after Mr. Crispe
came in much wounded and bloody ; and that
it was about half an hour between the time of
Mr. Crispe's going out and returning again.
Mr. Sturgeon the surgeon swears, that being
^ent for, he came to Mr. Crispe about eleven
o'clock that night ; that he bad lost a great deal
of Mood, and waa very much wounded; and
that ia the whole he bad reed? ed ae? ea die*
tinct wounds, which he apprehends were by to ^
many several blows. He hath given you a
particular description of the several wounds;
the second wound is that which ia alleged to he «
within this statute. He tells you, that thia
wound divided the right side of the nostril ; and
that though the edge of the nose was not cut
through, yet it was cut through in another
place; the nose was.slit; there waaacutfroA-
without into the nostril : indeed the slit was ooi
very great, for he sewed it op with one atitch ;
but he is sure that a slit there was, and ^oa
have seen Mr. Crispe's nose. Now the alitting
of the nose is one of the particular facta men-
tioned in the statute.
Mr. Willet the constable swears, that he waa
with Woodburne after his commitmeni, and
that he told him, he was concerned in the
wounding Mr. Crispe ; that he had been then
waiting for that purpose ; and that when Coke
whistl^ to him, he went un*and made the aa«
sault upon Mr. Crispe vi itn an hook or biil|
that was new- ground for that purpose, and di-
rected him where to find it at his house, which
he accordingly did, and brought it to Wond«
burne, who said that was the hook ; and the
lMK)k hath been now produced before you, and
you have seen it.
The next witness is Mr. Wetherell the gaoler,
who swears, tltat the day after Coke waa com-
mitted to his custody. Coke sent for him up
into his chamber, and told him, that he ana
Woodburne had had a design to munler Mr.
Crispe, and had attempted it several times, and
desired him to go and secure Woodburne;.
which he accordingly did. He hath gives'
you an account how and in what manner ha
secured him; and he swears moreover, thaf
Coke told him several times, that he had a de*'
sign to murder Crispe, and that he employed
Woodburne, and delivered Crispe into liii.
hands ; that Woodburne did it with an hook,
and that he bade Woo«lbume to cut his wind-
pipe ; and that if Woodburne had not been a
cow- hearted dog, he would have so done, and
secured Crispe from telling tales. Wetherell
likewise swears, that Coke told him, that br
called Crispe out of his house, went into the '
church-yara with him, and there delivered '
him into Woodburne's hands ; and he farther
swears, as to Woodburne, that WcMidburnn '
owne<l that he and Cuke had lain in wait se-
veral times, and at several places, to munler-
Mr. Crispe ; and as to this particular fact, bn
gave him this account, that he siruck him %•
blow with a lim»k, and that not quite striking
him down, he gai^e him a sectmd blow; anv
that as Crispe was tailing, he cried out, Gmk?
damn him ; and that then it grieved him tokil|i^
a man witli an oath in his mouth. .el
Robert MiMin swfars, that .when he bcnHU
what was befallen Mr. Crispe, he aaid, thai
knew the person that did the imiA^ or him
employed the penoo ; and the i
cause about three yeara and a half
Cokeeeniforhim. and
Mr.CriipeoataC
77J Jw dufigufing Edward Crispe^ A. D. J72f. [78
Mt wwHil kiMck him on the head ; and that Mr. Criipe, nor the Gnttiog or knockiDgf him
vhn be asked hiai what advantage that would ■ down with his hook ; his coiifessioD is not e?i-
ketohim? He replied, a very good estate ; j dence against Coke, but it is against himsHf;
•ad aftrrwarda told him, he did not value ten or , and you hear what he liatb owned ; that last
i«nty euinems to knock him in the head: | barley- harvest Coke sent for lum to mend hia
Tkm made Bloon reflect upon himself, and was ' copper, and then ordered him to meet him at
cseccmgd that he should have such an opinion ; another place; whicli was accordingly done ;
af Urn ; and tbeieoo told him, that he would j where Coke told him, that he had a thing for
■aikiU the jpeatest villain in the world for ten '•. him to do, but it was not to be done presently;
Mdilmisas Bury. ^ | and if he would do it, he should want tor
Jaha Carter aweara, that on Friday before i nothing. And when he asked him what it was f
He said, to set Crispe aside, that is, to kill him ;
and Coke gave him eighteen pence. That then
he told him, he could not do it ; that Coke
solicited him several times afterwards to murder
Crispe ; the particulars whereof I do not enu-
merate, because they principally relate to Coke,
against whom it is not evidence ; but yet thej
so far relate to Woo<iburne, as to shew hu
knowledge and delilieration in thia matter;
iMw-yar'a-day last. Coke sent Woodbume to
Uai,iildl him that his master Coke wanted to
tpttk with bina ; that thereon he went to his
^MK, and was ordered to come up to him in
kb ckamher, which he did ; and there Coke
ios mnircd, 'Whether he could help him to a
fasdrtraoip hofse ? And then told him, that he
haal he bad kwt much of his business ; he
Wit iron, nor coal ; and that he had a thing
that #ould make a man of him ns therefore to come to the day whereon this fact
-.1 - *.,-! «i...>.^.. — !,«.! !.:.« ,..i.«. ! was done, Woodburncsaitb, that about eight or
nine in the morning Coke sent for him, and
told him, that that day they should have the
fairest opportunity to kill Mr. Crispe ; and it
was agreed between them, that iVoodbume
shoii'd be in tlie chiirch«yard, at Mr. Morrice'a
porch, about eight o'clock in the evening. He
accordingly went with his hedge- hook or bill,
which hatli been here product. Coke came
out to him twice by himself, and the third tims
a little after ten o'clock Coke and Crispe came
out together ; and then Coke whistled, which
was the signal between them; and thereon
Wooilburnc came up, and owns, that ivitb hia
h(K)k he cut and knocked doun Crispe, and
that though he never hennl Crispe swear before,
yet thnt now, as Crispe was falling he swore
Ciod dair.n him ; whereon he gave him those
spvcral n:iier wounds and blows that Crispe
icceivt'd; and then reflecting on what he hid
done, inimcHlintolv wentto his own house, where
r«he li«ed; aud thereon, asked him, whe
ifccrht CQoid keep a secret, and one of the
^|Ul secrets in the world? And upon his
triHf him that he could, be asked him whether
bcwkl cut five or six men's heads off without
I of conscience ? And when he told him
ilhat was too much for a man's conscience
fekir, be told him, there were those above,
■aaisg the South -sea gentlemen, who ha«l
Asc tea times worse, ruined families, and bcg-
^ti gentlemen ; aud that to cut men's heads
4 was bat a trifle to them. Tliat hereon
told biro, he believed he spoke only in
MMTupie of convcienccP And whrn Carter
•N bini, No : Then Coke told him, xi' he could
■I est off a man's head, and lay it tiown en a
ftMt before him, he was not for his turn ; and
save him a glass of brandy, and bid him > he was about to take a rope lo hung himself.
tr of it tor a day or two, and if he could
^ a man's head without scruple of con-
e, he khoutd have plenty of gold and
and any thing else he should ask:
Carter repl\ ing, that he needed no
9-atioD, he could not do it ; then he bid
Dd Wnodburneto him ; which he did.
■h all this discourse between Carter and
, Ui I do not find that Crispe was the person
Ion nliom this outrage should he com-
I; Itul Carter, who is a tenant of a houso
!.Cn«pe's, says, that Coke told him he
i tbe bouse was out of rcpnir; that it
I'y this dofcnce of Woodhurne, you see that
he (ioth not dtny the assaidting and wounding
of Mr. Crispe ; * buL that that he chiefly insists
on is, that what he did was by the solicitation
and procurement of Mr. ('okc; which is no
justitication or excuse. Ilowcvrr, h-^ hath
I called two witnesses, Ann and Surah Wond-
I hnrne, his two daughters, to prove that Coke
, did frr(piently semi for their talhcr, and often
I came to him at his own house, nnil would be
. in private ronfereiiee tojjt?lhor, whi<li probably
was ai>out this m:itt(T; but if it were, this only
I confirms w h:»t WorMlhurne insists on, that he
be bis af^er Mr. Crispe ; and asked him, \ was solicited and hired by C(*ke to do this fact ;
be would not like it better for Coke to ! which, as I said, will neither justify norexouse
m in repair, as be had done before, whilst him ; fur no man is to obey the umIh^^ f uI com-
€ri»pe'8 steward ? i mands, or hearken to the illegal advices of any
*tbe substance of the evidence given ' other person whatsocfver.
* prisoDers at the bar, to prove that I As for i>lr. Coke, that which he principally
^•nsly. and by lying in wait, have | puts his defence upon is, that his intent was to
Va'nosewith an intentto disfigure i kill and murder Mr. Crispe, hut not to maim
him, or to slit his nose, or to disfigure him in so
<loing; and therefore, though in |iiirsuanre and
execution of the attempt to iiiurdcr .Mr. Crispe,
^ BSt deny tbe tfenersi fact,
^iV ia wait to assault
79] 8 GEORGE L Triai of John fVoodbume and Atundd Coke, [80
tfaeyiUi bit nose, or miif^bt tberdiy disfigare
D, yet tbat not beiniif their iDlention and de-
sign, ne is to be acquitted on tbis indictment,
wberein tbe intent of tbe party is one of tbe
principal inin^ients to make him guilty. Tbb
same defence will serve ateo for Woodburne,
that they intended to munler, but not to msiro ;
"and if they did maim, it was with an intention
to kill and not to disfigure. Now tbis indict-
ment is, a<« 1 told you. fouodiM on the S9rid
and SSrd Car. 9, c. 1, fur that on purpose, of
malice fore -thought, and by lyinij^ in wsit tbr
prisoners did unlawfully and feloniously slit the
nose of Edward Cris|ie, with intention in so
doing to maim or disfigure him. Woodbunie
is chsrged as the actor or principal agent, Coke
as being present, aiding, and abetting ; which
in point of law, is the same, as to the guilt and
conscience, both being in law principals.
That this attempt on Mr. Crispe was de-
aigned, malicious, and by lying in wait, the evi-
tlence is very strong ; there has been also very
•trong e\ idence given, that the nose of Mr.
Crispe was slit by Woodburne, and tbat Coke
was present on tbe same design with Wood-
burne.
But the thing chiefly insisted on is, that the
slitting of Mr. Crispe's nose was not with an
intention in so doin^ to maim or disfigure him ;
and if it were not with that intent, then the pri-
aoners will not be gailty upon ibis indictment
Now, gentlemen, wluit the intent of these
persons was in slitting Mr. Crispe's nose, you
are to try ; this is a matter of fact for your
consideration and determination : it is the same
ID other felonies, where the intent of the porty
makes the crime. Burglary is breaking open
sui bouse in the night time, with an intent to
commit a felony ; though no felony be com-
mitted, yet if tnere was an intent to do it, it is
burglary ; which intent is to be tried by the
jury. Larceny or theft, is taking away ano-
ther man's goods, with an intent to steal ; if it
were without such an intent, it would only be a
trespass aud no larceny ; but whether it were
or were not with such an intent, is a matter of
lact to be enquired into and determined by the
jury. Nay, the intent is so necessary in all
felonies, that a person who hath no intent or
design, as a ma J man, lunatic, infant, &c.
cannot commit felony for that very reason ;
•because he cannot have any intent or design in
his actions. So that in this case you arc to try
no other matter than what is tried in other
felonies, viz. the intent of the party.
Now, how is the intent of the party dis-
covered in other cases? by the facts them-
selves, by the precedent, concomitant and sub-
aeqoeot circumstances of the facts, by the
manner of doing, and the like.
There an; some cases where nn nnlawfiil or
felonions intent to do one act, may be carried
■over to another act, done in prosccatton
thereof; aud such other act will be fdany,*
• See Leach's Hawkinses PkuoftlwCmnii
■ 1, c. 99, 111,
because done in prosecution of an nnkwfal or
felonious intent. As, if a OMn shoots at «
wild fowl, wherein no man hath any property*
and by such shooting hsp|>ens unawares .to kill
a man ; this homicide is not felony, but only
a miitadventure or dianoe-medley, bcoinsaJt
was an accident that happened in the doing of
a lawful act : but if this roan had shot at a
tame fowl, wherein another had property, but
not with intention \o steal it, and by such abooi-
ing had accidentally killed a roan, he wouM
then have been guilty of manslaughter, be-
cause done in prosecution of an unlaiHul actios,
viz. committing a trespass on another*! wp'
perty : but if he bad had an intention of steuiiiff
this tame fowl, then such accidental killinf it
a man would have been murder, becautt Swe
in prosecution of a fekmious intent, via. as 1^ '
tent to steal. So a man of malice intends la
bum one boose, in execution thereof he bappcM
to bum another house ; tbii is a maliciona ani t
felonious homing of this other house, becauN '
sprung out of a malicious and felonious intent, t
The like may be instanced where poisoa is in* «
tended to be given to one person, and anolfatr =
takes and eats it, and tiiereby dies. And otiHr ^
cases there are of the like nature, where noli :-
done in prosecution of felonious intents, psrtiei- >:
pate of the nature of their origimd from whsnon ^
thev spring. ^
But now the indictment on this statute is Ar ^
a certain particular intent ; for purposely, !■»• ^
liciously, and by lying in wait, slitting Mr. •-
Crispe's nose, with an intention in so dotnf In ^
maim or disfigure : and you are to conadv« ' -
whether the ingredients necessary tomakelUi ^
a felony within the statute, have been provndii ^-~
your satislaction. The facts necessary ta kn
proved on this indictment are, tliat on pnrpaii^
and of malice fore-thought, and by lying i
wait, they unlawfully slit the nose i^ Hb.^
Crispe, with intention in so doing to ma'
disfigure. As to the fact of slitting the
that is directly and positively sworn:
can be no doubt but that it was an unl
slitting. Then the next thing for your
deratiun will be, whether this unlawful slil
was on purpose, of malice fore- thought, ^^^
by lying iu wait? As to this, a great denV
evidence hath been given ; and what
before, and at the lime of the fact, will
you herei n . A nd i f on a review of the cvii
you sliall be of opinion, tbat this unlawfiikV
ting of the nose was on purpove, of malice
thought, and by lying in wait* ; then tla.^
question will be, whether this was an iii%. ^
to disfigure ? Facts do in some mesavk
plain themselves ; and the circumstanc-
coding and accompanying those facts*
manner of doing them, do many tina
* As to what is or not a lying in v^h.
this stotute, sne inLeacb,llMCaiHC^
Lee^ O. B. inly, 1743, of TIm^
Feb. 1778, and of Jobn MUk. ^-'
iBftaMimTW»
Jor disfiguring Edward Crispe.
A. D. 1^22.
[82'
Mf tx^Uun mnA ilecUre the intent of the party*
TVpTMittftef, Mr. Coke, (which tlefepce goes
Ml to bim »ud Womlburue) iuihtSf that their
blmliwo mrns in murder, anrl ntit toiuaiiiv; and
llbl if ibej ilid totiim or sht the nose, it was
«iCb«i mi4:nUon lu kill, aoil not v^ith aa in*
ICfttifNi to maim ordts^uie. On the other side,
it k miistctl on hy the kiag'ei oouo^l, that
dnilfli lb« tiltimare iDtention might he to mur-
4ir, |tf tHrre might bv aliio an intention to
.naioi firf disfigure ; and though the one did
tikr eifffct, yet the other might: an idten-
tktl^ lltl doiii not exclnde an inlt^ntion to
wd di&fig'ure. The instrument made u&e
ii ikis aiWmpt ww a Inll or hedgiog^-hook,
in lis own nature is proper for cutting
UN QiMoiiDg' ; and where it doth cut or maim^.
^itA Dec£&s&ri1y , and by consequence disfigure,
IWaileoipl in lend ed on Mr. Crispe was ini-
ly to his person, to do him a personal
B«f%tde!i« ihe manner of doing and per-
this fact is proper to be considered ;
wms d'icie by fiolence, and in ihe dark,
liie ussailani could not well make any
\ii lows; but knocked and cul on
I Crispe's body, where he could,
tUUe btfd «^utik him down, and done to bim
uliat^rer t^Ise he pleased. And if the intention
was to murder, you are to conisiider, whether
tfcr means made U9e of in ord^r Vi elTect and
•ocKimplisii th&t murder, and the coDse^juences
of thflie means were not in the intention and
dcsi^ nf the party ; and wlielher every blow
aoii cut, and the eousequencefl thereol, were
mM isiended, ms well as the end for wliich it in
•IklCed tituse b\o^M and cuts were f^iven ?
All llie»e several things^ which I have naen-
4re proper for your consideration : you
•lid Uiem to your own observation 5 ; and
tlie wholu, you are satisfied from the
4 that WoodUurne did on purjiose, and
fliftlice fore-thonght, and by lyings in wait,
folly slit tbeuo§e of Edward Cri!<pe, with
inlcfliiino^ in so doing, to niatm or distigare ;
•Ml that Arumlel Coke was ielomously present
M ibe cumuiiaifrioh of this fact, and aiding and
Abetting therein ; then you will find them
Gmlty : but if ibis hatli not been proved to
yoor •ftlistaction, then you are to acquit tbem,
mti dud ihem Not Guilty.
rTbeii the Jury withdrew to conKider of
Ib^r verdict, and in about hatf an hour (Returned
Ci. tif Arr. Gentlemen, answer to your
—Here, (and so Ihe rest,)
CL ^ Arr, Gpnilemeri, are you all agreed
I fMir terdict T — Jurif, Yes.
& Iff Arr, W bo shall say for you P
Jmmi^ Our foreman.
€L\^ Arr* John Wood bo me, bold up thy
mL (Which he did.) l^ook upn the pri*
bow say you ? Is John Wooilhurnc
Goilly of the felony whereof he stands indict*
«d» or ^«t Guilty I ^Foreman. Guilty.
€k ^Arr. Wbat goods or chBttcls', lands or
VOL. XVI.
Fart man* None to our kn^wlalg^.
67. of Arr. Arundel Coke alias Cooke, bold
up thy biind. (Which be did.) How say you ?
Is Arundel Coke alias Cm>ke Guilty of the fe^
lonv whereof be stands indicted, or Not GuiJtyf
Foreman, Guilty*
CL of Arr, What goods or chattels, lands or
tenements ? »
Foremttn. None to our knowledge.
CL of Arr, Then hearken to your verdict,
as the Court hath reconied it You say, that
John Woodburne is Guilty of thefelony where-
of he stands indicted : you say, that Arundel
Coke alias Cooke is Guilty' of the felony
whereof be stands indicted ; and that neither
tbey, nor either of them, bad any gowls or
chattels, lands or leuetnenls at the lime of the
felony commilted, or at any lime since, to your
knowletlge. And so you say alL
Jury^ Yes,
Coke, i desire to know of your lordship,
whether the no«e can be said to be slit withm
the meaning of this statute, when the edge of
it was not cut thru ugh ?
X. C. J, U is true, the edge of the nose was
not slit, but Ihe cut was athwart the nose ;
w hich cut separated the flesh of the nose, and
cut it quile through into the nostril : this I tak«
to he a slitting of the note * ; and the surgeon
swore the nose was slit*
On Wednesday, the 14lH of March, Joba^
Woodburne, Arundel Coke alias Cooke^ and
one Ed^vard Shorter, who was convicted of
burglary* were brought to the bar, in order to
receive their Sentence ; and t be Court pro-
ceeded thus :
CLqfJrr, John Woodburne, hold up i\\j
hand. ' (Which he did.) Thou hast been in-
dicted of telony^ on the statute, tor piirposelv,
^rialicioufflv, and by lyin;^ in wuit, slitting tfie
.tose of Edward Crispe, gf nt. with intention in
so doing to maim or disBgure him. Thou hast
l>eeQ thereupon arraigned, thou hant fdeaded
thereunto Not Guilty » an«l for thy ir»al tboia
hast put thyself ujjon GimI and thy country ;
which country hatb founri thee Gudty ; what
hast thou to say for thyself, why iho Court
should not proceed to give judgment of death
upon thee, and award execution according to
the law ?
To fvhich Woodburne said nolhing-.
a. (f Arr. Arnndel Coke alias Cooke, bold
up thy bund. (Which he did,) Thou bast
been indictetl of felony, on Ihe statute ; fur be-
ing feloDiously present, aiding and ubettifti^
John Wooilburne, in purposely, maliciously,
and by lying in wait, slitting the noi»e of Ed*
ward Crtspe, gent, with intention in so doing-,
* Whether a transverse cut is a slit, wo»
much debated in CarrolN Case, July SeiisioDK
at O. B. 1765. See EsM's PIcos ot liie Crown,
chap, 7, s. 3. There is an account of tins Case
and of the prisoners in the Annuat Regbter for
1765, p, 314. 8ce, too^ in Leacb, Tu:knet;*i»
Case,aB< Ftbruary, 1778,
8Sj
S GEORGE L Trial of John Woodbume and Arundel Coke, [84
to maim or diffigure bim. Thou hast heen
theretijiOD arraigned, thou hatt pleaded there-
UDto Not Guiltj, and tbrtbv trial thou hast pot
thyself upoQ God and thv country, which
country hath found thee Guilty; what hast
thou to say for thyself, why the Court should
not proceed to give judgment of death upon
thee, and award execution according to the law ?
Coke, Though your lordship did not think
it proper yesterday to assign me counsel, yet 1
hope your lordship will now gire me leave to
speak for myself; especially, since I am the
first unhappv instance oF an mdictmeot on this
statute ; no mdictmeut, as far as it appears by
the law-books, was ever yet founded on this
statute, and therefore ought to be very well
weighed.
L. C. J. Call the king's counsel, that they
may hear what is said.
[Then the king's counsel were sent for, and
being come :]
X. C. J. Mr. Coke, you may now go on with
what you have to offer.
Coke. My lord, 1 was saying, that I am the
first unhappy instance of an indictment on this
statute ; no indictment, as far as appears by the
law-books, was e?er yet founded on this sta-
tute ; and therefore it ought to be very well
weighed, especially in the first instance to
whici) it appears toliave been ever applied. It
is a very penal statute, and consequently, by
the known rule of law, not to be carried beyond
the express letter of it; consequently no
crime, of what nature or magnitude soever,
can fall within the purview of it, but such as is
identically the same in every circumstance
with that descrilied by the words of the statute
itself
The crime described by the statute is the
unlawful cutting out, or disabling the tongue,
putting out an eye, slitting the nose, cutting
off a nose or lip, or disabling any limb or mem-
ber, attended with these particular circum-
itanres :
First, Ou purpose and of malice fore-
thought.
Secondly, By lying in wait.
Thirdly, With intention in so
i so doing to maim
or disfigure, in any of the manners beforc-
meuiioned in the statute.
These circumstances must all concur to con-
stitute that particular crime (Wscribed by ilie
statute ; and where any of them are wanting,
of what magnitude soever the oflVnce may lie,
It is nut the ofi'uuce uhich tl)e statute has spe-
cified.
If the first circumstance be wanting, no man
can say that any ofTf^nco, though attended with
the two other, can fall within the statute; this
is suljiciently plain of itself.
As to the second ; A and B, of malice fbre-
thought, appoint and meet to fight a duel ; A iu
the j-encounter runs B into the eye, and puti it
out ; no body has ever imagined this to be
within the statute, because the GircaiMiiioe of
tying iu «i ait it hero wtnling.
As to the third ; suppose A lies in wait to rob
B, B resists, and in the scuffle is wounded, ai
the statute describes, but gets off. This is a
case which very frequently happens, yet no
one ever thougnt it to be within the statute,
nor was any one ever indicted for this upon it i
The only reason of which must be, because the
intention was to rob, and not to maim and dis-
figure the person.
In my case, if it be taken upon the evidence
of Mr. Crispe, nothing moi-e appears than the
assault itself: If my confession be read, the
lying in wait, and the malice forethought will
lie proved ; but then it will be likewise proved,
that I had no other intention but to kill, and
had no other part, but by giving order* to
Woodburne for that purpose ; and my confea*
sion must be taken together.
Nor is it an objection to say, that the crioM
which is proved by the evidence is much worn
than that which is described by the statute; for
if it is worse, then it cannot be the same. Even
iu cases of crimes by the common law, if opoa
an indictment for a crime of inferior nature, the
evidence proves the fact attended with circum-
stances which brings it within the description
of a crime of a superior nature, the person in-
dicted must be acquitted. At summer asaises
at Dorchester, anno 1713, a woman waa in-
dicted before Mr. Justice Eyre, for the mnrdor
of another woman ; upon this evidence, it ap-
peared, that the person murdered was her m»-
tress, which made the crime petty -treaaon.
Thejudge directed this matter to be specially
found, and upon conference with all the judm
it was held, she ought to he acquitted upon thia
indictment, as she accordingly was ; and wai
af\or wards indicted for petty- treason, and con-
victed and executed thereupon.
Where a new offence has been created by
statute, or an old one made more penal, the ut-
most strictness has always been used to comply
with the letter of the statute, whatever incon-
veniencies might result from such a restraint.
As for example:
Bv the statute of the39E1iz.cap. 14, dervy
is taken away from auy person or persona wbo
shall be convicted of taking any money, goodi
or chattels out of any dwelling-house, £c. in
the day time, to the value of 5s. One Evun
and one Finch were indicted on this statute, 1
Croke, -173, .Evans and Finch's case : Th«
case was thus upon the evidence, that Etanf
by a ladder climbed to the upper window of one
Andley's bouse, and took out thereof 40/. ; and
that Finch stood upon the ladder in view of
Evans, and saw Evans in the chamber, and
was assisting and helping to the committing of
the robbery, and took part of the money : ^J^oa
a spt;cial verdict it was adjudged, that becauN
Finch did not actually enter the chamber, and
take the money, tliough what he did auiountai '
to a taking by construction of law and was aui^
a taking as made him a felon ; yet fbto ve
letter oft all penal atatutea must lie pursued,' a
tbcnibre be, id eif, Fiochi lied hia cle^^i
EvaniwnihMigcd,
J6r disfiguring Edward Criipe,
nill^bt he put of this kind af
f is lJ>e <?<^n5tnTriirnj uffietial statutes.
: By I lie statut* of
lakeii away from
n'theJelu-
tnares. —
' ti» to the
' : cecJ to he
^ vir* o t.rlw*. 6, cap-
l^if lllis^j
if lllis 11^
rMaiiite Oiuul-,
S^I»49Ml» Ibdit SI (ier80ii convicted Ibv feloni
"* <— 4y iiflilin^ opg horie, i»hould be ousted of U\s
m Itie «aJii<e lunnnerfts if he stole two.
ktm llii^ ca-« rnoiiL^h to saw the jury
c encefiow
laJ r of law,
hi iUm f tiUr(icc« iktuu itdiiiitied on all
titu^Uctit to iiup|iort ibis intlicttnent.
Vi wfTV' io ft civil oi«^t tbe party migbt demur
ti4c rtkleficr. But if he is not allowed tbat
%lfffm critaiaml emacst^ it is upou (he common
Vl^tkil the iud^« are iUt prisoner's couo<
fifiiiare ohitg^B Io dett;riiiii)e alt the oiat-
ifkim ansaii^ upon the evidence, qs ranch
ll#(bf {lersofis bad dexuurreU to that evi-
liifMia IhLi cttse* lUe prisoner adtolts the
fllBBT ffi^cQ 10 be true, and insisis upon it,
iMgim noi ffuppirt tbe indictment; and
iMiiWv liat a rij^il Io bare the opinion of tbe
pl^ tbenni(>i>ti| n» mucli as if the evidence
ilt ilafttd mt It^nglh upon tbe record (us it
«li he itk tliB ewe f^f a demurrer to evidence*)
ii MlhioiE oxir ^"-H to tbe jury, but
Iflii jii'lt^i * H as to point of laiv.
IlitllheMf cx&i^, theiefore, my lord, ii has
km anml to aUow the fact to 'be specially
kii; which gtfei the prisoner the advantuj^e
^ sifkt bars bad by tbe denaurrer of tbe
bi). iir/Ay* My lonl^ T do agree with the
•I th^ bar, that this is a very penal
4m] that these facts nutst be made out
M ii' : Uer of the act,
i^ ifileotioti m^ ^f mulice fore*
, 10 mairn - : h a manner
ftmtuie t ^ wait for
,«rfaM»; a *. — .., "• ... ^tiring ac
MHfffjr ; mini an abetting and hein^^ priyy to
^■rMa : Tlieae are all fai'l» which the jury
«i| omkl dderTDtne, vWUfr by poi«itive^ pre-
cirrmiJ^lauUal evidence, for no
iBniui^lili . nj( can be otberv'iwe
' f^A h\ 'US. My lord chief
laili Mi the M ikvid evidence of nil ihese
thr jsKV, who by their verdict have
icts at laid in tbe indictment »
yb^dy can now*^ open hia mouth :
^rrUcaJ, itowlbrt, thai nt» matter of
b ariiBO, aait tbat nhai bath been in-
1 « by the pntODtTi it beaide bis case,
~ " per*
have
'y; cau
Luke.
that 18
TV ii» at]
yftiult
rciuy i» aaiwer ftoy
objection* he shall muke apfainst it, Thai he
does not pretend to. What is now offeped by
him i« aepainht the verdict, and contrary to vvhat
\% found by the jury. 1 bet^ your lordship's
leave to fpwe an answer to the onjeciions he is
pleased to make against the verdict, however
in^propci'ty and out of time maile, for the satit*
faction of himself, and of il«e persons here pre-
sent, I awree a penal act shall not l»e constru-
ed by equity* or carried further than the words
or letter of ilie act, as the cases mentiont'd by
hioi do prove ; but affirm, that this present
case is within the words and meaning of the
acf : For though the ultimate intent of Mr.
Coke might be to murder Mr. Crispe (ss by him
is alleged in excuse for himself) all the means
made use of to effect that intent were also on
purpose, and such blows could not be given by
ao instrument, without an intent to maim and
disfigure. They were given by one lying in
wait on purpose ; and the fact and manner
of doing the same sntficienllv prove, and are a
certain and necessary indication of the intent,
The defendants might have an intent to cut off,
or slit the nose ; put out lui eye, or dismember;
and an intent also to kill and destroy ; one in-
tent did take effect, the other not. Tbe de-
lendaots ought not to answer for whal was not
dune, but oti|{ht to answer for what was done,
which was the slitting of ^Ir. Crisne's nose, on
purpose io maim and d it; figure bim, by one
lying iu wait ; which is all thai 1$ required by
(lie act.
As to the objecdon ; that if A and B go to*
gether to fight a duel, if A slit the nose of &,
tbis is not withio tbe act; the reason is, be-
cause there is no lying in wait.
Ab to the case of A lying in wait to rob B, t
with great submission do say, that if A lie in
ivait to rob B, and to effect that purpose with
tbe greater ease, A on purpose dismeml^ers B»
or put« out his eyes^ or does any other tact
prouibiied by the act ; though A be hiudeied
from robbing B, he is within the act of narlia-
ment; for tbe intent and purpose to rob, will
be no excuse to one who shall commit the facta
proliibited by tbe act*
As to the case of Evaos and Finch, Cr. Car,
473, on 39 £K which takes away ibe clergy
from bim that enters and steals : Finch was not
within the statute, aud had his clergy ; for the
express words of the statute take away the
clergy from him that enters the house, which
Finch did not. As to the indictment of a ter-
vimt for murder, in kdhng her mistress ; it it
plain, thai it is a crime of a higher degree than
murder, it is an offence of another species, it
is peit}' "treason and not murder.
The same answer may he given to the other
cflies mentioned, wbere the words of an act of
parliament are express. No case shall be con-
strued ivilbin a penal act, but what is within
ttie words : But as t4> the prevent c^ise, the
jury have found every fact that the act of par*
liament ref|uires, that an uulawfut assault waa
made on Mr. Crispe by tbe prnoners *, that his
noae wad slit on purpose to maiiu and diifiguff
4
87]
8" GEORGE I. Tfial of John Woodbume and Arundel Coke, [88
liini, hy 1>'iu£[ in wait. And all these facts aire
proTed by plain, clear, and I beliere conviocin];
evidence, to every person that beard the trial.
I am sure the prisoners can not complain of any
hardship done them ; the prosecution was car-
rietl on for the sake of justice, for the safety
of his majesty's subjects. This bein? the first
instance of a crime so heinous, cruel, barbarous
ftnd inhuman, that has been committed since
the making the act of parliament, it is hoped
by this prosecution a second will never be com-
niiitted ; for which reason, I pray your lord-
ship's judgment for the king against the pri-
soners.
Mr. Raby. My lord, f did expect at thia
time I should have heard, from this unhappy
{gentleman, something in arrest of judgment :
Something to shew that this indictment and
record now before your lordship in judgment,
had been insufficient, and sqcn as your lord-
ship could not have proceeded upon to give
judfgment against the prisoners : 1 do not per-
ceive any thing has been objected to this in-
dictment or record ; and therefore since no-
thing appears, or is objected, they must be
taken to be sufficient, and such as your lord-
ship ought by law to give judgment upon
against the prisoners now at the bar.
But this gentleman has been pleased to take
•notice of the act of pariiameut on which this
prosecution is founded: He has also made
ffome mention of the facts which have been
given in evidence against him ; and cited some
cases (as I apprehend) to shew, that penal sta-
tutes, and criminal acts ^f parliament, ought
not in construction to be carried beyond the
letter and words of the act. This which he
has offored (as 1 take it) is now meant to shew
(or at least that he apprehends) that from the
evidence given, it has not fully appeared he is
guilty of^the offence with which he stands
char^, within the strict words and meaning
of this act of parliament : And for this end he
has been pleased to make some observations
from the words of the statute, what things he
n|iprehcnd8 to be necessary to bring him with-
in the compass of this act, viz. that such woun^
or maiming, as is described by the statute,
ought to be,
1. On puqiose, and of malice fore4hought.
2. By lying in wait.
S. \Vith an intention to disfigure.
All tliese have been already admitted to him ;
and he will see every one of these circumstances
not only taken notice of by us in our observa-
tions upiin the evidence, but also more fully
by your lordship, before the jury gave their
Terdict.
But with what intent this fact was done,
whether of malice fore-thought, by lying in
wait, and with an intent to diangure, are
circumstances only to be collected t'ntm the
evklenceand tlie nets tbemaelrea; cfirhich
neither we nor the court can datarmiBC, but
can onlT be enqnired of, and
ly the Jury ; and tbcnfbrai jthoapii ll
be a full answer to what is now objected,
to say, that the jury have considered of
tlie evidence, have determined upon it, and
found you guilty of the indictment, with all those
circumstances which the prisoner objeels are
necessary to bring the offence within the ita-
tute ; though this, I say, might be answer;
yet for the justice of this prooeedinf , and te
satisfy the prisoner in his own olgectiona, jov
lordship will permit me to take notice or tiM
cases cited, and also to recollect the evidcMi^
so far as the prisoner hath made it mil— j
to repeat it.
I confess it is with concern I mentioa it
again; for I would not do any tbimrwhieli
mi^t add to the weight of those afflifltfena
which this unhappy p^tleroau ia under, kmi
not he himself made it necessary to take te-
ther notice of it.
As to the cases cited, only two of tlMB
which he mentions are cited to be adjndoad %
that at Dorchester by Mr. Justice Byre, thala
woman was indicted for murder, and upon eti^
deuce it appeared to be a different offence, via;
petit treason, for she had killed her miitmi |
and that thereupon Mr. Justice Eyre cauaejl
her to be indicted for petit- treaaon, and she wae
convicted. Certainly, my lord, that jodgmeal
was right, and very just'; for when it apneaiad
upon evidence that she was guilty of a oiiliBlt
and different offence than that of which abertwi
indicted, could any thing be mora just, tba»ti
cause her to be indicted for that offence, ofwMdb
upon the nature of the evidence, ahe anneaMl
to be guilty ? The second case cited or Ifiaaa
and Finch (which is reported in Cro. Cw.) b
no more than this : Evans went up a ladfMr»
opened a chamber window in the Temple,^
in and robbed the chamber in the day tiaa ; '
Finch held the ladder, and stood at the foot of ^
it when Evans entered : Evans was bangiaiy '
Finch had his clergy, and was only homi ia '
the hand ; and with great reason': For the ilB^ [
tute, S9 Eliz. which takes away clergy, talua '
the clergy only from him that enters; aai
therefore to have taken the clergy from Fiaoht
who did not enter, had been unjust and nn- '
reasonable. And as to what is mentioned of
tbc sUtute S & S Edw. 6, cap. SS, made il
explanation of the statute which took dcffj
from him who stole horses, and to take dcin
from him who stole only one horse, tberoM '
such an act of pariiameut ; but this act Mi '
the cases cited, only shew that regard hai al* "
ways been had, not to extend penal ati '
beyond the worda of them. But before
cases were mentioned (snd indeed had thOT*
never been cited) this rule of constmetioo hm'
been alk>wed to the prisoner ; for all the pw*
ticulars now insisted on by the prisoner we
before taken notice of by the Cotut, aadrMl
stancea necessary to make cat the ofr
against the priaooer: Norhaaoneof
J6r duftgurifig Edvonrd Crispe.
^We ta Uie name (>urfi(M«, ami not
I AtJjiMl|fcJ ; and tberetore I oeed
Ml ukf fori hrr itolk4> o I i hr rn , Bui cert ai n I y
ptAlierefici!* c«ti W dmwn from ilie va«:P3 dt<?(j|
# Mijr lli«r li(ft«i colmir to &jiy, tliose cases
^#»K*iliMl lh# firismier is ttot ;;Miitiy of the
liaa if «Uitdi chared wub» aud of wliicb
kiacoKnet^.
I 99 «Qrrjf be bus gliren tbia occasion to
laiTAJO tiie fact which bas been proT^il,
iboice ti a(t|>eai'« Ibat the jury bave
lafOiMrttal ao«l just vpnlict*
t:f9B*«tW forgot, that this Vfns coosulted
■f Mi^iriitili d fur three years and more be*
i»iv«i|>Ml tit rxecutioo; and tberetbre it
inly piirpoaed a»d of malice fore-
aiaa tbiu il was by lyin^^ m wait.
CrhIt ibis ttnhftppy gtntteman cannot have
lif« tW iigiiAl M [jra?e : and to what pur-
n«« tli9l vifciialf it none was id waiting to
«r AwS llmt tbia was witb an intent to
4^f«pc, musi be submitteti upon ihe fact and
^ cTidH»cv. A man usea a weapon fit to
IM* awl %n iliafi|^re, be cuta another oo the
fgt aiifl lioea dkfigure bim^ iha]l he afler-
^pibir at Uti«:rty fo aay, il was not bis in-
^li»to ili)f How daiigvroua that would be,
# ^Bni» in nrrry one ; tbia act would then
kaMtiy rinded^ if it aboutd be sufHciont, if it
4tM armil an oflVnder, i*bo btis maimed and
4%mil aiMitlier, to flay, Prove that i iotetid*
lit: It vrotild be easy then to be out of the
^nk of lliis act nf parbament ; indeed if tbat
J mmm would be williin it, it would he
mf wrp&mi of tbift law. It h objected^ liis
i visa fo ktU : be thai intends the end, cer-
y iittrfiils ibe roeana* especially those
ai wUicb he titet ; and the inean^ used
rcailao^ Mr* Cnape on the face, and dis-
l^taim I ind the weapon in suctt, th:it by
I oo th« face witb tbat weapon, could
»W diipode4 or ex|)ected : And if the intent
a|»|i#ftr from tbia fact, sure it never
I aoy : tbc intent of a man^s mind can-
hut from the act which proceeds
I hm AtiHf *
hm ma^t thts ia the firit indictment on this
I htli«ve there hatb not been many ;
ia ihM ia an nCimse ao barbarous^ that I must
|il m iiioh •• aeldom happens, and tbat
al hiwi of oar country, there was
t provided ecjual to this often ce :
, (aa Ihe laws of most nations also
a^AitiMi tt(Ti'tu^f>n ^bich most fre-
lif hm|f|Mro ks an attempt so bar-
iltai it • <' ima|ri"<'(l imy man
1 1« ao Ivaar und wicked as to attempt any
f li» it, Bolil )t happ«fied ii» the cnne o1 str
I C^foitry ; and then such an abhorrence
^mm by ibr purbHrnrnt, that tbi^ law
wmdr 8 rui lo prevent the like
ftmi r It the like od^nc-c,
»j«*«i>t7 in t*»ve the liJte puniiihment.
a, but pRiy your lordship's
' ^"^^ iH" abterTatioiia made at
ilie bar t»eiQ]^ aAer a rerdid, and therefore otii
of time, i ahall not trouble your lord:$bip with
a rei»etiiioo of the facti tbat have been proved ^
lurtiter tbati the pHsoner has made it neces«
sstary for me to tneotion aomc particulan, in or^
der to make the answers to what be bath in*
sifisted on the more clear and plain*
I believe it has been truly said by the pri-
soner, tbat the present proseculioD is the firct
instance oiany proceedir^g- on this statute, and
I hope it will be the last ; because il is to be
ho|ie<l there net cr will be found any other per-
son so wicked, as to gire occasion for a proae^
cutioQ on ilm statute.
1 beliere likewise, that the Irae design of
making this statute waa to sabject persons to
deatb, who intended to maim only, where the
maiming was in such manner as is mentioned
in the statute ; but I cannot tbiuk that it does
from thence follow, that a person who intenda
to murder, and only maims, is not within tint
statute; for though it bbould be taken that
there was an intention to murder, ^e\ from the
fact done, from the manner of doing it, and
from the weapon made uic of, it seeiiis appa-
rent that the prisoner intended to maim ; and
the jury have now found that he did so intend
As to the cnnes »hicb the prisoner has cited^
J beg leave lo consider each of thi m, and offer
such ansv«ers to tbem as now occur
The first case he boa been pleased to cita, ia
thus put :
A and B, of malice fore*thouglit, appoint ta
meet and (ight a tluel^ A in the reurouoter runs
B into the eye, and nuts it out : iht* prii%oner
says, such a case would not be within this sta-
tute.
i agree it would not, because this case baa
not the circumstances i%hic1i ibe statute re-
quires; for ill the case thusi put ibere i?i no ly-
ing in wait, which is a circumstance required
by Ihe statute.
J I is said, that if A lies in wail lo rob B, B re-
sists, and in the scutQe is maimiHl in the man-
ner described by the statute, tbat such maim^
ing woulil not oe punishable by tbiii sutute ;
but 1 do not observe any case is cited It) prove
this assertion : and I an, witb submission lo
your lordship, inchned lo think, tbat if there
are a lying lu wail, with malice fore-thougbl,
with intepi to rob, and in proset:utuig ibis in-
tent the robbers should asiiuult and muim in the
manner described by the stanit«\ that such
maiming would be %tithut tliis statute.
It IS said, that though the intent lo murder
makes the oAenc^ worse Ibati if the intent had
been only to maim, yet such intent proves tt
not bo be the same otfeoce which is meotianed
to the statute: and if a uian btt indicted of an
offence of an inferior nature, and ujnm the evi-
dence it ap|»ear8 tbat be is guilty «f *« offence
of a superior nature, tlie person indicted mast
he acquit fed ; and to prove this, a case is cited,
ivhich is said to have beeti before Mr. Jiittioe
Eyre, at Uorchealer AAsise^. The caae, aa
put, is this t A wouian is indicted for Ihe mur-
der of another woman ; oa Ihe evidence it ap-
4
91]
S 6EOROE I. Trial of John IVoodburne and Atundel Coke.
geared, that the penOD murdered wu her mis-
Iresf, which mue the crime petty treason:
this was found specially, and upon conference
with the judges, they were of opinion, that the
woman ought to be acquitted upon this indicts
ment.
Admitting this case to hare been adjudged,
I apprehend it does not aflRect the present case.
The law has distinguished crimes under
different denominations; and as offences are
ranked under different species, so the indict-
ment must be suited to that sort of crime
whereof the party is guilty; and therefore
proving a person guilty of a tact, known in the
law by the name of petty-treason, does not
protre him jguilty of an indictment for murder ;
murder bemg an offence which the law has
distinguisbed from petty-treason, and to which
it has assigned a different punishment.
But in the present ease, that oflence which
is chai|^ in the indictment, is proved in
every circumstance, and the facts proved do
constitute that crime which is made felony
without clergy by the statute. The statute re-
quires lying in wait, it requires malice fore-
thought, it requires slitting the nose, &c. with
intent to maim, &c. The indictment charges
these (acts, the witnesses have proved these
facts to the satisfaction of a jury, which have
found the defendant guilty of the charee as
laid. a ^ 6
The prisoner says farther, that this is a very
penal statute, and that penal statutes are always
taken with the utmost strictness ; and to prove
this, cites a case adjudged on the statute 39
Eliz. by which statute elergy is taken away
from any person or persons, who shall l)e con-
victed of taking away monev, &c. in any
dwelling-house, &c. iu the day-time, to the
value of 5s. : and to prove the same mata-r,
an instance is likewise put of the constnictiau
ou the statute, 1 £liz. cap. 12, which takes
away clergy from such persons as shall be con-
vict of feloniously stealing horses, &c. The
case in the statute 39 Eliz. is the case ol' Evans
and Finch, Cro. Car. 473, in which case
Finch had his clergy, Itecause he did not ac-
tually enter the chamber and take the money.
The construction on Kdw. 6, was, that clergy
was not taken away from a person who felo-
niously stole one horse.
But I appiehend neither of these cases come
up to the case now before your lordship. As
to the case of Evans and Finch, which was a
case upon the sUtulc 39 Eliz. By that sta-
tute a person is ousted of clergy who takes
away money to the value of 5«. in any dwell-
ing-houSe, &c. Finch did not enter into the
house, for he only stood on the ladder ; and
therefore he was not within the words of that
statute, which spoke only of persons who look
away goods in an honse, &c.
As to the construction upon the atatiite
1 Edw. a, it is plain that the folonioos tlMling
one horse oould not be within an aet of jpar-
it, whwh took awaydeigT otfly mm
peraoDS as MoDiottsly nolo hoiMib VM
reason, therefore, of these caaea waa» t!
facts proved did not bring the persons a
within the words of the statute.
But it is not so in the case now befor
lordship ; for the prrisoner is found guilt
fact, which is within the words of the i
upon which he is indicted ; and every c
stance required to make him guilty '
felony mentioned in the statute has beei
fully proved.
My lord, I am very sensible that the
tions taken at the bar being after Terdi<
not require these particular answers; b
being a case wherein life is concerned,
the impropriety will be excused.
L, C. /. I do agree vrith the prisom
this is a penal law, and not to be extent!
equity : that he that is guilt v witliin tl
tnte, must be guilty of all the circumi
within it; and if any one of the circums
prescribed by the statute be wanting, hi
guilty. Aui therefore in all^ those cas
"y you* if any one of the circurastano
scribed by the statute be wanting in ai
of them, such case is out of the statute
whether all the circumstances required I
statute did not concur in your case,
matter of fact, which the jury, who m
proper judges, have tried ; and on suci
they have found them all to concur. Yoi
to argue upon a supposition of this fact
otherwise than the jury have found it
jury have found you gudty of all the ci
stances within the statute. There vi
matter of law iu this case, but matter of
whether on purpose, and of malice fore-th
and by lying in wait, the nose of Mr. i
was not slit, with intention, in so doi
maim or disfigure? And whether you
not feloniously present, aiding and abe
I'he jury had the whole evidence before
they considered of the whole matter,
preparation and lying in wait to do tb
of the fact itself, of the means and iostr
made use of to do it ; of the manner of
it, and of all tlie other circumstances am
ticulars relating to the fact : and on the '
after they had withdrawn, and com
amongst themselves for some time, the;
found yon guilty within the terms and ci
stances of the statute ; so that though i
cases put by you should be very good la*
they 00 not any wise affect yours, becau
are actually found guilty of the crime
have you therefore any thing to say a
the indictment itself?
Coke. No, my lord ; I hope I has
glimpse more from the king's most gi
pardon, that was published in the Gaset^
L, C. J. If you offer any pardoo by
parliament, or under the gieat seal,
take notice of it, and allow it to yoia
yoo flBcan only a promiw of a paidoa
Oaseltey or other public adrartiiMaw
^•pplylbrtinliDaiiotbcrplaflOi t
Drial efChmtopher Lmfer.
A. B, 1791:
[M
\ I aball haf« the beneAt ^
iproausad ; and that hit imh
moioHriy pleated to fpmoX itne.
r joa iMvea right to it, yoa need
tfM wittteTeh: hb majettyit
hie wiU make ^[otd wbalaoefer he
4 ; but Ibr thit, jronr applicatioB
ediirtely m hit majettv.
If of your hmlthlp that you will
, that 1 may not be hurriM oat of
mtlv.
ilMlf ctnaider of it, and gire yoa
^krr. Cffy«r, make an O Yet.
wt aoTereign lord the king doth
ft and command all manner of
me^ -tikBee, whilst jndgnient is
Ihe pffinuuera convicted, upon pain
r«a Uwt are the prisoners at the
t been indicted and conricted of
id hcuioat oflencet; I am reiy
• hmve been the ooeation of bring-
Hto imfiMtunate ends, and that
I idanrboly neceasity on me to
bn WBtoice of death upon yoa :
HWo Ike jury hare foiind yoo
y tlie tew yoa hare forfeited yonr
lard, I am athamed of myaelf ;
|Ht to appear at thit time m this
9 1 kavc appeared in another
■ore, Mr. Coke, yoa ought
on year past life: yoa
Mt yoa hare been a great
had malice in your heart
eeman abore three years.
my lord, I know nothing of it.
Pmm hath sworn, that three years,
am and a half ago, you sent to
■Based to him the knockiDg Mr.
hitad.
itotkat
Vial of Chuistopher Later, esq. at the Kiug's-Bencb,
Treason,* Nov. 21 : 9 Georoe I. a. d. 1722.
Cikf. 1 dodedare ft; iiiyleM,-at I ikJk
aatwcr it at the grebt day, I never^apokata
Ifoon about any tocb thii^.
X» C. J. Suppotbg what Moon had taid-'to
be too much, yet the Crimea yon own aad
cannot deny are exceeding hcanoat. Yoa own
that you inrlted yonr brother to top at yoar
honse, on porpote that yoa ought hate an op*
portnnity of mardering him. This k tooh.^
criaie at shockt human natara; thebaraman*
tinning of It it ftightftil and terrible. Tba
deeper therefore your crime it, the deeper
yonr renentaaoe oimt to be. Too hata Jiaad
to huaUrfc younelfet belbra AUoighty.God,
Betidet tiie jodgment ofihalaw, theialtalta
hit jadgoieot-anit, belbra whidi .yoo.
likewite appear: there all thingt ar^
and bare, without coloar or disgoipe; . _^^
man must there appear, and raodve aceoidiag
to the truth of hit actioBt, at ^biq were, good
or bad. How far It may pfeata Qod toaztand
hit mercy to yon, I know not ; ha it infioita
in mercy aa well at in atery other nerfintioo:
and tilit we are mire, that ha nerer otoiet it ti»
any who are prepared to receive it Badmi"
TOUT therefire to reconcile yonrtdvet to \ua^%.
improve with dil^peoca tba little tunathaion^.
be allotted yon : tend fbr prpper persom who
may advite and aasist jfou : ibr at to th^ ju4g*
meat of the tew whicb It to be now ]
npon yoo all, it u thit :
< ThiA yoo, and each of you, go from heoca
< to the place from whence yoa came^ and ftom
< thence to the plaiee df ezecotion, wlmre yoo
* thall be teverally hanged bjr the neck till
< yon be teverally and reipectively dead ; and
< the Lord have mercy apon yoursonlt.*
Then the keeper carried awajr the pritonert
to the gaol to be reterved till their execution.
And on Saturday the Slst of March, 1799,
they were executed at Bury St. Edmond't.
tiie 8lBt of October, Ghristo-
bronglit to the bar of the
ich at Westoi'iDster, upon
directed to the lieuteoant of
I, io order to be arraigned
Ibr High-Treason in com-
the death of the king,
jury for the countv of
eommissioners of Oyer
" lord, we pray the return
May be read.
flf the Crown, reads
'Hlilrtis, by which it
appeared that the prisoner was committed to
the Tower for high-treason.
Sen. Pengelfy, We pray that the return
may be filed.
L C. J. (Sir John Pratt.) Let it be filed;
Serj. Pengelfy. My lord, there is an indict-
ment of hi^ treason found in the countv of
Essex against Mr. Christopher Layer, which
hath been removed into this court by Cer-
tiorari ; the Certiorari, and the return thereof
hath been filed, and the prisoner is now brought
into court in order to be arraigned.
L. C. J. Read the indictment.
Ct, of the Cr. Christopher Layer, hold up
your hand.
" You stand indicted by the name of Chris-
topher Layer, late of the pariah of St. Andrew*s
05]
0 GEORGE L
Holborn, in tbe eountj of Middlesex, €tq. for
that you beings m subject of our most serene
lord George, low king of Great Britain,
France and Ireland, defender of tbe faitb, &c.
not having the fear of God in your heart, nor
weighing the duty of your allegiance, but being
moved and seduced by the instigation of the
devil, as a false traitor against our said lord the
king, your supreme, true, lawful, and un-
doubted lord; withdrawing that cordial love,
and true and due obedience, fidelity, and alle-
giance, which every subject of our said lord tbe
king towards him should, and of right ought to
bear ; and designing, and with all your might
traitorously intending the government of Uiis
kingdom, under our said lord the king duly
and happily established, to change, alter, and
stibvert ; and our said lord the king of and from
tbe title, honour, royal estate, empire and go-
Temment uf ibis kingdom to depose and de-
prive ; and our said lord the king to death and
final destruction to brin^ and draw ; and the
person during the life ot the late kin^ James
the second, pretended to be prince ot Wales ;
mod after tUe decease of the said late king, pre-
tending to be, and taking upon himself the stile
mod tide of king of England, by the name of
James the Srd, to tbe crown, royal state and
dignity of king of this kingdom, and to the
empire, government and possession of the
same, to exalt and bring, the 25tb day of Au-
gust, in tbe ninib year of tbe reign of our said
sovereign lord the king that now is ; and at
divers other days and times, as well before as
after, at Laytonstone in the said county of
Essex, falsely, maliciously, devilishly, and
traitorously did compass, imagine, and mtend,
our said lord the king, your supreme, true,
lawful, and undoubted lord, of aud from the
title, honour, royal estate, empire aud govern-
ment of this kingflom to depose and deprive;
and our said lord the kinp^ to death and final
destruction to put and bnng. And that you
the said Christopher Layer, to accomplish and
jbring about your said treason, and devilish aud
traitorous intents and purposes, did, with divers
other false traitors to the jurors unknown, on
tbe said 25th day of August, in the said ninth
year of the reign of our said lord the king, and
at divers other days and times, as well before
as after, at Laytonstone atbresaid, in the said
county of Essex, by force and anatj, ike,
falsely, maliciously, dfevilishly, and traitorously
did meet, propose, consult, conspire, consent
and agree, to move, raise, and levy insurr* ciion,
rebellion, and war, within this kingdom against
our said lord the king, for the traitorous pur-
poses aforesaid. And that you the said Chris-
topher Layer, for tbe more effectual complet-
ing and perfecting the said treason and trai-
torous intentions and purposes, on tlie said 35th
day of August, in the nmth year aforesaid, at
Laytonstone aforesaid, in tbe said county of
Essex, by force and arms, &c. maliciously and
traitorously did publish a certain maUciouSi se-
ditions, and traitorous writing, cootaioioff and
parportiog (aaMQ|it oikcr iknpl aaedrnta-
Trial of ChristojAer Layer,
tion, incitement, and promises of rewan
faithful subjects of our said lord tho k
persuade, move and excite, to take up
aud to levy and make war within this i
against our said sovereign lord tbe kii
the traitorous purposes and intentions
said. And that you tlie said Christ
Layer, for tbe more effectual ooropletii
[>enecting the said treason and traitorous
tions and purposes, with other false trait
the jurors unknown, on the said 25tb >
August, in the ninth year albresaid, i
divers other days and times, as well beft
after, at Laytonstone aforesaid, in thi
county of E^sex by force and arms
falsely, maliciously, devilishly, and traito
did meet, propose, consult, conspire, cc
and agree, by an armed force, and by »
to be raised and got ready for the traitnroi
poses aforesaid ; tbe saiu person, during* t
of tbe said late king James the second, prei
to be prince of Wales, and since the decc
tbe said late king, pretending to be, and i
upon himself tbe stile and title of king ot
land, by the name of James the 3rd, '
crown, royal estate, and dignity of king
kingdom, and to the empire, governmen
possession of tbe same to exalt and brini
that you the said Christopher Layer, fc
more effectual completing and perfectii
said treason, and traitorous intentions and
poses albresaid, on the said 25th day o
gust, in tbe ninth year aforesaid, and at
other days and times, as well before as al
Laytonstone aforesaid, in the said cou
Essex, by force and arms, dkc. malicious!
traitorously did get ready, raise, and reti
veral men, to the jurors unknown, to tal
anns, and to levy and wage war withii
kingdom, against our said sovereign lo
king, for the traitorous pur|)oses aforesaic
that you the said Christopher Layer, f
more effectual completing and perfectio
said treason, aud traitorous intentions aui
[wses aforesaid, on the said 25th day o
gust, in the ninth year aforesaid, aud at
other days and tiuMs, as well before as af
liSytonstone aforesaid, in the said cou
Essex, with other false traitors, to the .
unknown, by force and arms, &cc. malici
devilishly, and traitorously did meet, pr
consult, conspire, consent and agree, the i
person of our now sovereign lurd king G
for the traitorous purposes aforesaid most
ediy to take, seize, imprison, and detain i
to«ly against the duty of your allegiance, a
the peace of our said sovereign lord the
his crown and dignity, and against the f«:
the statute in that case made and provide
Prisoner, If your lordship \«yi please
dulife me ;
My lord, I am broucfbt here in chain*
ters and in chains. JMy lord, I have bo*
more like an Algerine captive than a fir*
Englishman : I have beea dragged *
the streets by tbe hands of gaolers, *■
beea nudii a al^eir uhI « ■peOade qC
^ar tUgh Trt&son.
A.D. 1722.
[98
'^t af justice f>cfore your
titnewtU eotue wlieu 1
4iilii« n i^LifJi'l > ' 1 1 ::)|, an<l not be I
M^ t BMnifice to I uiJ lury of aoy
■i^.vr tlie neciiwity ot tuti times. My Iciru,
IWt >^ isttl (hi», but I have been ittsulte<i
acp I cmJDf ''-•^' •' r- hall i a gentleman came
you rnit>»i die, or tlie plot
La. , ,-^. L4, lUia is uso^e itisufferable
naiioti ; nnd I think 1 can lay
tny Ueartf and say, 1 bave dooe
j^iast in J con£»cieDce.
%K\. PgMMeliy. If i^lr. Layer liatb any ob-
i i« uir mdirttwent he may make ihem,
' 1 iKiC 1^ on in thtH nianiier.
My l^f*U I hfjpe (si I all have these
^Mi cakm on, tb&t 1 may have the free ii»e
^ikM fT^KIO ur: ' lilior whlch Gt>(J
liAgttro iti«r. II me thestran-
fantoUlial de;;rt;f tiial J!i vti y paUiful^ atttl I
snilymir tonUhip la afflicted with that dts-
tajm. I lio[M! ihrae chains sihalt be taken oiT
• Aiirmt plsac>e, atid then I hope 1 shall have
ai«a«^% U^utlt'f trr^],
L t live been a great many
•^p h wecunuoiexamineipto.
Ta Hit givrti a general charge of some peCH
^ ' fiii ill, your expressions are not juKt
I rtfll i ycia cbarg^e no particular person ;
I can take no notice oi' them. A 9 to the
I j«u enoiplatt] oi'^ it must be hi\ to iboiie
^itas ilir L'a^totty of you h committed by
lB.li ukecare tliat you may not make your
^^: «li€o yoti curae to your trial then
^ilMitii moy be la ken off." Consider the
•liir afthis dus ; if you hafc any objeclions
rtttdictoirQi the Court wilt beartbem ^ if
M Oiiavt plead,
. Ora. (Sir Holjert Raymond) f am
kiiaf ts in ten dill hut that he should
' r trial ; but to cam|ila(n here of hard
^f*, «/ tkmhn and imjmsonment, carries
'^'^ • t rrftrction of cruelly, and »ve know
1'^ may have abroad. My
there is any occasion for
e in answer to this, than
u been kept, as all persons
TOawuiioes are, when ibey ha?e been
^ [•§ make an escape ; there was an
\ nature tnarlc* by him, and I be*
»ill lay, but f*T\ such an occasion,
■^ticidar care that he
I wca?' id, as to any other
' ^'' ».' what he says is not
■t, but that he has as
'iy a« is proper aud
^id It 4ti wiiat i» iaid in rexpect la the
iia^M hJm In ihf !i:dl, 1 know no-
:c; but cannot
i> ktter lur people
m cunccrt tog-elher,
V" ; and I do not know
s^btbe somebody set
tetuMoo to
h#ltt»p4i!d
^^ft
ati escape once;, if true, ought to be secured io
such manner as to prevent his escapinc^ a se-
c^iod time. The gentleman gaoler, what doth
be sny ?
Gentleman Gaoler. My lord, he never at-
tempted to escape since lie was in my custody*
Att, Gen, No, ii was iKt^ire.
Sol. Gen, (Sir Philip York.) My lord, Ihtf
complaint is made for no other purpise but lo
capttvaie the minds of the by- stand ei^, without
any jusi grounds in the world ; tor if the whole
of the complaint made sod ag^gravated in this
solemn manner be considered, it amounlii only
to this, that a prisoner who stands charged
with so great an offence as high treason (who
I admit, notwithstanding the weij^ht of that
charge, ought to bare all ibf justice nod alt
the opportunity of defending' himself which the
law allows) J my it amounb to no more than
this, that a prisoner in these circiimMarices is
brought up hither under a yuard,auil in fetters^
as persons in that condition uMTaliy are. It is
very well known that when thii* gentleman was
in the custody of a raessentfer, he not only
made an attempt to escape, but actually es-
caped, got out of a window two pziir of stairs
high, and from Ibence over the water into
Southwark ; and since that is so, can there btt
any colour to say that what was done atler*
wards was unwarrantable f 1 cannot help say*
Joff on this occasion, that it does not become
the candour a person in the prisoner's circum -
stances ought to shew, to aggravate and mako
such a misrepresentation oi the usag-e he has
received. As* to what has happened in the hall
we know nothing of it, nor can jmssibly tell
how true it is. If any such thtn^^ was said, it
is not impos!iible to nave been by somebody
that was set there on purpose by the friends of
this gentlenian. I say thuH much, my lord,
not because 1 think it'maten^il to the bu^iiiiess
of this day, but because 1 would not have it
gone away with that there has been any bard-
fliip put upon the prisoner contrary to law.
No, liis majesty, ^bo makes the Ian s of the
land the rule and measure of all his actions,
though be will have justice done to himself
aud his government against any person tliat
shall conspire to overthrow it, yet he will suf-
fer no hardeihtps to be done even to such per*
sons, contrary to law ; and nothing has been
done in this case but what was legal and abso*
lutely necessary,
Mr. Hungcrjhrd, My lord, I beg to be in-
dulged a few words ; that he is in chainv now
is demonstrable ; aud he hath told me, when in
the Tower with him, that they arc so jp-ievou*
to him that he cannot sleep but in one posture,
viz. 11 (Kin his back ; and that he hath not ai-
teiopted to esca(>e out of the Tower, is given ia
evidence by the gentleman gaoler, whu huib,
and will, f verily believe, execute his auibo*
riiv with all humanity, for be now helps |o
bold up his chains, otherwise the piisoner
could not stand. My lord, it is Raid it is no-
tbtog but what is usual in cases of this nature*
My Jord| 1 believe I might cballt;nge thcin i»
U
99]
9 GEORGE L
gwe an instance where any prisoner wai
ihackled with irons in the Tower before Mr.
Layer; his majesty's prisoners of the Tower
are such strangers to this usage, that they had
not the very materials there, they were sent
for from Newgate, and I hope they will he
carried back again thither. Your lordship hath
hinted it as an indulgeuce intended to him
when he comes to his trial, that his irons shall
be taken off: hut I hnmbly insbt upon it that
by law he ought not to be called upon, even to
plead, till his fetters are off. My lord Coke.
(3 Inst. 35,) is clearly of that opinion in his
Pleas of the Crown ; and is admitted on all
hands, that when he comes to be tried his
shackles roust be off, and ujkiii a debate it was
so determioed in Cranhurne's Case, (vol. 13,
p. 392.) The only reason assigned for putting
of irons at all upon a prisoner, is to keep him
in safe custody (for the laws of England allow
of no tortures) and the reason why they are
taken off in the conrse of proceeding against
him in a court of justice, it seems to be, that
bis mind should not be disturbed by any unea-
siness his body or limbs should be under ; and
as to the distinction that his chains should be
ou when he pleads, because but for a moment,
or a short time, and off when he is tried, be-
cause that u ill he of longer duration ; it is pos-
sible that what we have now to say may be as
long as some trials. I should (with submis-
sion) think that something of the dignity of the
Court might be considered in this matter, fir a
court of justice, the highest in the kingdom for
criminal matters, where the king himself is
supposed to be personally present, to have a
man plead for his life before them in chains,
seems to be Tery unsuitable. He is now be-
fore the same awful and just tribunal which he
will be before when he is tried, and why not
therefore without chains as well now as then ;
and as to the safe custody intc-nded by the
irons, is the man like to run away here ? Is he
not here too well guarded to escape ?
Mr. Ketelhry, If your lordship please to fa-
vour me a fe.v words. My lord, what hath
been his usage in bringing him up hitlier I
cannot tell ; what the usage of the Tower is
with respect to the putting chains upon priso-
ners, I am ignorant uf ; but this i must l»cg
leave to say, that he is entitled to have bis
chains off kietbrc he pleads,* in point of law :
Trial of Christopher Lajfer, [100
the authorities for it are my lord Coke Id hit
third Inst. fol. 34, who says, that *• When pri-
soners oome in judgment to answer, tbev ihall
be out of irons, ami all manner of bonoe, that
their pain may not take away their, reaioo, nor
constrain them to answer, hot at their free
will ;" (Brit. c. 5, fol. 14,) and in fol. S5, he
cites the words out of the Mirror, chap. 6, secL
1, ** It is an abuse that prisoners be charged
with irons, or put to any pain before they be
attainted.*' At the trial of Cranbame, wfacB
Jie was brought up here before my lord ebidT
justice Holt, he insisted that his chains ehoahL
be taken off before he pleaded, and it wm or-
dered. This was likewise mentioned in iIm
trials of Dorrel, Gorden, and Kerr ; when they
came up in their irons to plead, it waa mottd
at first that those irons ought to be taken oA
The Court declared, that if the prisoners ia^
sisted on it, it ought to be done : hat they M
not insist on it, they raiher chose to ware thtt
privilege than undergo the trouble of having
them knocked off in court. There in a resoliH
tion in this case. In the 10th fol. of Keiynff^
it is expressly declared on a consultation of all
the judges in England, That a prisoner onght
to have his irons taken off before he pleads.
L. C. J. The case of Cranbume, you will
find that authority is when the party was eaUed
upon to plead, and was tried at the same tiflse.
No doubt when he comes upon his trial, the
authority is that he is not to be * in TinceliB'
during his trial, but should be so far free, that
he should have the use of his reason, and el
advantages to clear his innocence. Here he iH
only called upon to plead by advice of his
scl ; he is not to be tried now ; w hen tie (
* '* Cum autem capti iu judtcio prodiici de-
bcant,non producantur urmati, 8ed ut judicium
recepturi, nee ligati, ne videantur respoudere
coacti. Fleet, lib. 1, cap. 1.
" The prisoner at the time of his arraign-
ment ou^iit not to be in irons. Hales's l\ C. I against 'all the prisoners, and execution
1809,) a case in which it appears, that three
pris«>ncrs were ke|>t chained during the trial ef
issues conc«raing their identities. The snh*
stance of the case 'u as follows : ** Thomas He*
gers, Samuel Matthews, and John King, 1m4
been capitally convicted lor felonies in rabbiup
on the highway, and received sentence of deelS
for the same. While they were in cusie^
upon tliose c<vnvictions, they murdered thsrf
keeper, and then broke out of their prison, anl^
were during a considerable time a terror to the
neis;hlK>uring country. Being afterwards nn
taken, tliey were tngether brought by writs #
Habeas Corpus to the bar of the Court eft
Kiog^s -bench, aud th^re rcs|>ectively aske^i
^vhat they had to sav why the Court ahovlti
nut proceed to awnrd execution, &c. each i
tliem denied his identity, and issue being jeiak
ed en each of those denials, thme issues wei^
severally tried instanicr : verdicts were fbosi
p. 219. Til. Arraignment SeeH. P. C. in folio, : awarded against each of them, acconling
aecond part, cap. 28
*' See Hawkins's Pleas of the Crown, part S,
p. S(m."^Nole to Firmer Edition,
8ee more as to this in vol. 5, pp. 379, el teq.
of thisCollectioD, and Leaoh's Hawk. Pi. Cr.
hook S» chap. S8, aeet 1.
former ju«igiu('ni and sentence." The
is thus concluded : " Memorandum
desperate fellows remained chained t(
dunng tliis whole pnK-ee*iing.** But
porter mentions, (p. 1810,) that while the f
m the case ot* one prisoner was trieil, the
were permitted to lii dowa.
IBiff
for High Treason.
H It tnedt if hm makM that complaint, the
S^m^ 9llt tiklie care foe sbaU be in a condition
» aMlt# bi« detince; but i% hen be is
1 wpon to |>li'Acl, and tiis counsel by
lA^Hfle bim ynUsW to plead, wby are bis
takeo n<f tbis minute, and Mi be
Hm nexti^ 1 1 bath been said (I
■ml tbc iiu^riiu^ of it) he i» too
I ninlci)* I do not think a man charged
%w^ ireasati of thi^ nature^ can be ^aid
} ipbe loo wvM «;u«rded, es^ieeiaJfy it it be
Imi^IIi been sng-gested, ttiat he bath
to mttke bis escape; th;ii will
irbut tlie law allows iu other
rtL My lordf I beg leave to
what I moEin by saviog too
M ily gnanied.
'j^ HKire to offer?
' Cinaivate the jit-opt*', smd
% ujKjn tbcm that are not \
h'j^nitics liis cbaiut) bein^ !<
, and afterwatdii put on |
i i.i'^ 11. uothing but to brlug \
Ir to hAf e a.n unjust sense oi'the crime
I«ird, we lulgbt hum-
! - i I at the better to pre -
a- hiA trial, he tnigbt cx^ntiuue
;n% otjtit at\er that lime,
itxitber opinion ; and if we
itift ta be taken oif, and he
vv but we are ifuiliy of bis
#iL Fit hath said, lif shati have
: ; but to make ohji^ctions
sure, ifc U\ cast a letl faction
t, lor not doiu^ that which ist nut
• er to do.
t.. ,i%**MrJ\trd. 1 am I my lord, off'ounaf^l
Mktb* fMisooer^ I have been »o appointed by
Y^t |afd^i|»« and t asuure your lordfliip thut
l«iBil I itare anwiiT fur the other gentleman
te M tttO€tt%in\ (o the »aiue Venice with loe,
^tk makic DM! of that power and priviletfe you
mtjktmeA t<i f*ire us* at we ou^ht.
■ff Unli 1 have Imikid over tbe Record and
Mictiiinil, WG tuie a copy uf both, ac-
lo tbe dirrctioik uf the act of parlia-
t ktmm wv have at prt-^ent a rt^rbt to
f ' '»if«, *i*j£' miswriting',
Mijier Latin : we are
lu uiiJ r objections occur to
br: • tint*', and bare not
19 n*-«* ,. ...icrwards; but there »re
iNiiV ol{ioctiotui of another nature,
BAjf bate liberty to make at another
I ken* III %ny band the whole record
Uk tb# prisoner, in which, not only
tMeot m att fortii, but the commission
\ Trrininer. Met the c^om mission
«fd tbe namr< of the commisaioD-
i ma arul aayHf what are the offences
r are authnriKed bo rnquire of^ as high*
■I*pf9«j0ci% of iTiTUon, ttfi'l oitifr of-
|#l^0rr »i*;jTec ; Ojiii it ^rTf> on and
tbt! permms iball be» concerning
A.D. 17^2. [lOf
whom thi« enquiry «holt he made, ** Et jier
quos vel per quern, cui vel quibuii, qnamlo,
qua) iter, ^x quomi>do, et dc abi>( articuhs et cir*
cumstantii;^, prtEaii»sa et eornm qnodhbt^l nt u
e<jruni aliquod vel abqua, qnalitercUMq; ct*n*
ccr»en\ pk'uius veril'i'.'* My lord^ 1 have
looked into this form, and considered the words
with all the accuracy I can» and have endea-
voured to render them into Eni»li'^h, but can-
not; I urust say t took upon lhi>«e two woidt
* plenius Vfritat*/ as placed in this record, to
be nonsense, and not capable of heinif rendereil
into En^liiih, for thc\ import no mt^amni; at
all hit a blemish in tbe commit ion vii^\\\
and if so, tht* enquiry taken by virtue of tb&t
commission must fall to nothing', and conse-
quently this indiclmcnt rau»*r be nuti^bt, I
have bptn bo exact, I havf bmked uiio the forma
of these indicirncnts, taken by iifiue of com-
mii^viona of Oyer ;jiid Terminer. My lord cbi«f
justice Coke biitb for tbe sake ol pn««terity,
1 iui)pits<?<^ given us the form ot the com*
mijiiiion of Over and Tern;iner m bis time ; in
that form of (lis tbe^e m ords are entirely left
out ; tbt*y seem lo me to be words of no signi-
fication, tlierefore we ho{^ iht-re sbuU be no
further proceeding's till this h s^et right, and
that the indictmeiii shall bt^ quashed.
Mr. Ketelbey, M y lord, tliere are other ob-
jections, whether it u your lordsbip'v |deasur€
that we should ffo on this fir*t, or that w*
jihould mention the others^ aud so go upon
them all together T
L. C\ J. Make all your objections tof^etb^r*
Mr. Hungerford. Then, toy lord, In th#
close of ibis commission it is said the juiy wera
charged to enquire, but dtith opt say fur what j
hut (but objection may be made u not her tim«,
and therefore I will not trouble yiMir b»rdshi{^
with it now. My lord, tbe first iliiniir that oc-
curs to me in the indictment il»elf, and which
certainly, if we prevail in, the whole prooeed-
in^s are wrong; this t;eotleman^s name is not
writ nor apelt right, *■ Juralor* pro Duo' Hege,
Sec, super sacramentum, 5cc. quod Christo-
pberus Layer, Cbristoplierus is there writ with
an e, whereas it should be i'hriitopboru! with
an 0 ; and if the Dictionaries and Lexicona are
any authority we are right. These are the ob-
jections which have occurred to me, the gett-
tleman joined with me in tbia service, bath
iiome other rcmarkii to make.
Mr. Keiclbey. My lord, as it is your lord-
ship^s pleasure to appoint us to be counsel tor
ibis gentleman f I shall not make any apology
for our appearing on hi^i behuir« lest t receive
tbe same re[»roof from the Court, which a gen*
tleman in my station once received upon a lik«
occasion,*
Aly lord, we thiok it proper at this lime to
Uy these four points under your lordsbiu'i
consideration, which if we had slaid till after
plea pleailid by the prisoner, would have been
• Qu, Does this refer lo ivbtt Kolt, Chief
JuHt. said to air tiariJi. Shower, in Hookwood'a
Caie? 8ee vol. 13, p. 15i*
I
i
4
109] 9 GEOKGE L
too bte ; that fnatter halb been oflen settled
ami deieriDined by your lordshipf and I «liatl
■ay no more to tint, I belief c thf^y do not ab-
ject to it I now therefore it is the oaly time to
make these objections.
51 V lord, the tirst that hath been menttonod
by Mi\ BuDg^erford i» in the captino of the io-
dictnientas to these ivords * plenius veritatem;*
ill our t opy» it is * plenius reritat' * with a dash,
that it may be taken in any case, but I Bubmtt
it to your lordship whether it can be made
sense, or ia proper Latin in any of the cases
cither of the singular or plural number, that
there can be made any grammar of it, or that
there is any regular or precedini; f erb that can
go?ern it in any cage whatsoever : they might
have put in any trords entirely iucnnsi stent
with res|iect to the part preceding or subse-
qtieiit ; leave ont these worIs, and the other
part of the sentence ia plain and inteUig'ible ;
hut put in the ^vorda, and it is ntberwijie.
And es^iecially tjince we have the authority
of luy luid Coke, where tb**se tvoids are not
in ; how ibey came to be put in, or ot what
tiae they are, your lordship will obserfe on
readioG^ the caption of the indictment, * Ad lu *
qnirend*, &c. pleniua reritat'/
Taking exceplioni to the caption oF the in-
dictiiient hath formerly been objected to ; but
I beheYf\> that right cannot b« disputed at this
time.
As to the second exception, that in rL'btlon io
• Chri«iopherus>* we submit it to your lordship,
if that be not expressly wiibiu the detects men-
tioned in the act of* parliament, mia-writingf»
mis-spellin{2', false ana improper Latin ; nay,
whf^ilter it is not suhject to cenaure under each
of ibese four heads.
My lord, it waa impoEsible to bring' all my
authorities, upon this point, along with me ;
bill 1 have here iu court several of the best
dictionaries and 1em*ons which tihew the true
word to be * Christop horns / and I believe ihe
gentlemen of the other side cannot produce one
instnnce in any authentic book either Greek or
Latin, bnt it is ahvay^i spelt with au o and not
with an c, it is Cbristophorus Irom «if<^* the
• pnseteritum medium* of the Greek verh f>W;
and the ruica of etyrooloja^y and formation of
Greek verbal^ evince that it must tie so, and
catmot be otberwiie ; and by all ihe Latin dic-
tionaries, the Latin word fur Chrbtopber is
• Chrtstojihorus.'
L. C. X How do we kno\v what his name
li ? You must plead it in abaiement ; we donH
know his name ; he might be christened
< Christopberns* for aught we know.*
Mr, Kcietbc^. My joid, for false spelling —
X. C. J. IIow doib that ap|>ear to usf You
are wrong in nmking yimr objection at this
lime, we can't tnke notice whai hts name is ; in
llie record of the indictment be is called * Cbria-
tophenii.' Can we enquire what hii true
Trial of Chrutophh' Latfefp
name Is, whether in FoQfUAh it hi Chrfatofihtr
or * CbnstopheiiiK?' We can't telJ what hii
name is, i»erchiirH «• IiIj: name miay be • Chria-
t?>phen»f / and the name by which he might be
christened ; I desire 1 may not be understood
aa if I would prrv»fiit you from offering any
thing that is material for your client ; but if
I can satisfy }ou that you are improper in
form» it may saVe the time of the Court j but if
ytHJ can offer any thing material, we are ready
to hear it.
Ullr. Ketetbey. My lonl, I hope your liynbiifi^
will pardon me, here h the life of a man rtMi-
cemed, aud as I wuuld not wilhogly ofter any
tiling li» your lordship that in the like
hath been over- ruled, so neillier would I <
* See the Case of the king against Samuel
8bake8t>eare, 10 East, 83, which was a plea iu
abAtemaat of a mlaaomer io the itiruaoie*
any thing that may lie material for the mi-
suner^ whose defence the Court has intrustM M
with ; therefore I wit) go on to the other olyeo*
lions that we think to he improper Latin;
* cOmpassavit, imaginatus fuit, el intendebat/
These are the wonls, 1 don't know whethtr
thii Latm will go down in We^tminster-litll,
but 1 am satisfied it would not iu Westminat^r-
scbord.
Here is the * et, intendebat, ct,* a conjunc-
tion copulative between verbs iu several tense* ;
here is * compassavit* the prelerpertect tense,
* imagioatus fuit,' the pretei-perttct tetise, and
* iiileiidebat^ the preterim perfect teuse : W*
should not the last verb liave been put into 11
pre ter per feet tense, according to the rulea
classical Latin, as well as the two foror^er ?
Tbtretbre we submit it how far it will go as to
vitiating the indictment in jjoiijt of false Latin.
My lord, there is one worrl more, * sebiend' •
the overt-act, as laid In the indictment, is, thai
the prisoner * con«piravit ad sacram personam
dommi regis capiend', seisiend*, ct impriso*
nand' ;* hy the words that are coupled with it,
I suppose * seisiend' ' is intf nited to mean, the
taking or laying violent iiands upon Ins majes-
ty's person ; hut sure llitre was never such a
word in any indtctmeot before, nor to be found
iu any author whatsoever; it is neither claaai-
cal Latin, law Latin, uor to be met with among
Littleton's barltarisms, never naturalized tM»r
inoculated into ancient or modern use; it is a
mere ficiitious wo ml coined for this very pur*
pose without any precedent ^ any otke instance
to warrant it.
My lord Coke, in his 1st Instit. fol. IT, aayt,
that the word * seisitus' cometh of the French
word * seisin,* and that in the common law it
is properly applii^d to tieebold, in cnnira distinc-
tion to * po«i!>eNs;onatus,^ which relates to chat*
tels : Fnr * s>eiiiiti*s' and * possession at us' are
mentioned as terms of art, teihnicat words in
the law, thut by long use have acquired to
lb em selves one pecuhar and determined tigni*
ficiition ; for thai rciison I do mit object agamit
the word * compitsiiavit* in this indictment, it
having beeu a hi ays used in indictments of
higb*trea!iOD to exjU'ess compa^viug the death
of the king, ever snice the stature of Edward
the 3d ; so tnurdrare, ftdunia, and several
oiberSy are knowu leims ot art m the law* l^ut*
Jftr High Trtusofu
I irith ide word * selsi^nd*?*
I if th^ 'iroulil ibticy ii to b« n gferiiud of
■«» wikaMNro Kctire vera, how came they it*
f^r H Ibis snuie^ to make it Kignify the same
I mttftl b«g teare to sayi that 1 ap-
inharf 1km w^ry g^int el' thra indictment, (at
an » nacb of it aa relates to tbis o\ ert^act)
mis ttpon thb word ^ seisiend' ^*
I te lies •|tp«Ar lo ytmr lordship to be in •
tarvaroitti false or im propter Latin,
pranr pn»|ier under the authority of the
\ «f p*rlJAment^ humhlv to iiifsjst tipou
jBUon, viiiJ that it is iU&cieiit to over-
ittvwbolt^ indictment
0yM4 ' • t'8 caae, says, that
MiflMnitt ! uLi oa{*ht to bedrawD
■i^tegraie«t accurucy and nicety; but if
Mr ktmmuj will ptea»e to shew nie, that thia
^avtBrvrr uttce ti«ied to this purpose, 1 will
^mmj obj<K;4t<m, and admit it tu \*e as ele-
fi^9'mmd n% any in tlie whole indictment.
ikCX 1 think bdore the king^s counsel
rt*r lo that^ we bad best have that
t ^ ifc« Iniltcliiiitiit rtfad| that we may the
mU,^ tU Cr, reads, ^ Quod tn Chriato*
#■« La^ rr, &c. ad capteod* seistend* et iioo
L C J. * Ad capiend* et impiisonand'.'
! wonts do, suppoi^ the other word
mJ (icant?
PW. VI y brd, these objections
»tBaiAe ujthsoinnch rerfmony, and
■^id io Willi «Qeb pomp, as it something
^ «ia liwam, than the ifnashing this indict-
Vf iyyrtlMPDil aornc of them arc Improper,
I iHiicli niay be proper at lliis lime,
TVf i^l^ectfum to the commission, we appre-
I att tHi|irf»p4fr \ it i« not in the power of
\ 16 qoaah the c<tmnu«Kion, and there-
men n nil of niifc-spethng', and ol'
ihi'rdn, sig^ni6es no-
il nt Itself, the Court
proper^ if there
i\ bin the eom-
ihu great seal, and that
fM«f ft rviumiHl here, is nut uader the power
f'te rovin lo 4*!^Ttiy \ but upon reading it,
. lilt* iiliieruon will quite vuniijh -, thefie
karr oavil m all * n ions of the like
rry fwrm of the
i the iridietnient
, allowed by %\\ the
J, ** A Collection of
I rtrttson , com poned fi»r
?*ji 'i III 8cotliind ;** ami
ti« uhy of nnder-
r«*» ' I or the sake of
*ii i\»9 i'thirr ide, read them In
iV-y ^^^ **» ^ f^nstiued^ thu^, • Ad
I tr sacram* pro-
tuibuscumt; pro-
nmMiai9i)iii>'| «c. perqiiQicun«|; et
impf f I
I lf» It
rrr, ai>
A. D. 1722. \m
* qunlitepf nnq; hit* hcX\ &c* le dt alits arti<
* cutis, &r« et ad easdem prodition^ et al' pre*
* ini^s' audiend* et terminand* ^* here they are
to enquire more fully the truth, of and concern-
iM(» all treasons, misiprisionsi of treason by any
person whomsueirer committed, &c. And if
the words ' pleuius veritat' * bad immediately
Ibllowed the word * inqulrend^ ' ercry body al
first reading must be satisfied that no objection
ciiuhl be made thereto ; and the objection now
is only mitde on account of the placing these
words at the end of the sentence. But it mukea
no difference in the const ruction or sense ; how
otber\«ise can it be construed or understood f
But to enquire more fully the truth of thoie
offences there enumerated, and what persons art
GTuilty, 6£c. And iberetbre I take it, that the
fivrm of the commission is proper, and will be
justified, not only by the sense of it, but by (he
usual and common course of proceedings. — Aa
to the next objection, we anprehend that hatK
been already over-ruled ; the word * Cliristo-
pheruji' with an e, and not with an o i And if
there be any diflerence in the name, that must
be pleaded in abatement ; because if they
would take advantage ot^ it, they must plead
that his name is otherwise than is expressed ui
the indictment This man^t name * Christo-
p Items* may be with an e as well as an o, for
am*; ht appears: But we apprehend, that the
name Christopher is seldom writ in Latin with
an o, but usually with an e ; tf* they think
there is any thing material in the objection, let
tbem plead it in abatement, and we are ready
to answer them.
i^ly lord, as to the next objection, that the
three iferbs which charge the high treason, fix,
* Compassavtt, imnginatus fuit, et iotendebat,'
that they are not in the same tenses ; we sub-
mit that in the strictest Latin, there is no ne-
cessity the last Terb should be of the same
fen^e'wtth those that go before the copulative
(et) : Sure, though *• compassavit* and ' imam-
natus ^Viii* be in the preterperfect tense, yet ' ID«
ieiidebat* may l>e well added in the pretertmper»
feci tense, und that will make no difference,
they being alt three alleged and found in the
time past, l^etore the indictment exhibited.
Wy lord, the next objection which they seem
to rely upon, \% at the conchision ot the indict-
menlr and that is to the word (^ seisiend', «^c/)
They say, the precedents h:»ve been looked
into, and' there is no such word to be found in
any tndiclment ot high treason ; 1 beg leave to
say in answer, that since the assRssinatien plot
against king Witlium, there hath been no such
viMuiiiouN attemptot this nature; therefore m>
wondei' itit ennnflt be found in other indtct-
iiients where there has t>een no occasion for
the word. This is an overt-act of conirpirmg
and agreeing to take, seize, and imprison the
very person of the king; and it muirt be laid
according to the ftiet itM^lf ; but if this be not %
proper word, though 1 think the won! is pro-
per and signilicaiit, yet because this is not made
u>ie of in aHcging the treason itst^lf, but the
overt* act or evidence of the treason, it will not
i
107J
d GEORGE I.
vitiate that put of the indictiLeiit : for if any
one of these words allejired is proved upon the
trial, the prisoner ou)(ht to be found flr">l^y>.
whether he compassed to take the person of
the kinci or to seize his majesty, or to impri-
son and detain him ; anyone of these attempts
is sufficient, if proved, and the prisoner ougfht
to be convicted. There was an objection of
this nature taken upon one of the triau for high
trrasott, before my lord chief justice Holt ; but
he was pleased to say, that in alleging; the
overt acta, where several overt acts are alleged,
or several words are used to express the same
overt act, if they were mistaken in one of the
words, yet if there were other words sufficient
in the indictment to express the overt-act ; or
Although one entire overt act was insufficient! v
alleged, yet if there was another overt act wdfl
laid, the Court would not quash the indictment,
because tliis would be to deprive the crown of
the right of giving evidence to prove any other
part of the same overt act, or any other overt
act alleged in the indictment ; so that we hope
this is not a proper objection, because the Court
cannot quash the whole indictment if any other
overt act is sufficiently expressed, but the in-
dictment must stand. — But the word is proper,
because the words * seisire ad seisiena' * are
terms known in the law, and it is frequently
used in actions of trespass, * quod cepit, seisi-
vit, et abduxTit,' or * asportavit.' Aly lortf, we
think the word ' ad seisiend' ' is a proper ex -
presslon in this case, to signify tlie attempt or
design lo seize and anprehend the person of his
majestv ; and we nope tliere is nothing in
these objections.
Att. Gen. My lord, we are not against the
(rentleraen of the other aide's insisting upon
every thing that may be for their client's ser-
vice. But sure these objections have nothing
in them ; there is no colour of reason to support
them. My lord, as to the exception taken to
the commission let us consider, if tliere was any
weiglit in it, how it can |)ossibly be taken at
this time? — By virtue of the act of parliament
paned in the 7th year of the reign of his late
majesty kin|^ Wifliam, it ia provided, that no
indictment for any of the offences afore-men-
tioned in that act, which are treasons, &c. nor
any process or return thereupon, shall be
quashed on the motion of the prisoner or his
counsel for mis-writing, mis-spdiing, or false
or improper Latin (under which last words
the counsel for the prisoner would entitle
themselves to take this objection) unless such
exception shall be taken and made in the
respective court, where such trial shall be, by
the prisoner or his counsel assigned, before any
evidence given in open court upon such in-
dictment.— but the commission is a thing dis-
tinct, and neither indictment, process, or re-
turn thereupon ; and by consequence no objec-
tion can be made to the commission at this time
by virtue of that act : but however, because
they may not trouble us with these objections
at another time, we beg leave to answer them
DOW.
Trial ofChrUk>pher Layer^
Mr lord, theae words (* pleniui ver
are, the very point of the eiii|uiry of tl
missioners of Oyer and Termmer, for t
to enquire, by the oaths of lawful mei
country, fully of the truth of all treasoi
prisiona of treasons, &c. committed
county, and that is the tenour of the c
sion. In the book nrinted by the appi
of all the judges or England, aoon al
union of the two kingdoms, all the ri
methoda of trial in cases of hi^h trea
laid down, there b the commission of O
Terminer printed at larse ; and it is ex
the same worda with uiis ; and your i
may please to observe, that imnnediatc
those words ' plenius veritatem' there is
ma, and none before; the whole senti
fore is eutire, and therefore in cons
these words, * plenius veritatem,' refc
words * ad inquirendum,' at the begii
the sentence; and the sense is plain, t
commissioners are to enquire by the
good and lawful men of the country,
other ways and means, Sec. * plenius ye
de quibuscunqne proditionibus, misprisi
fkc. and then the commission goes <
there comes af\er the comma, ' et ad
proilitiores et alia preemissa hac vice i
et terminand' secund* leges,* &c. In c
proceedings in Latin, we are not so ni
con6ne ourselves to the Latin of the <
but this is very proper Latin, and the
ingof the words ' plenius veritatem' f
words ^ ad inquirendum,' by which t!
governed by the interposition of so man;
is no oljection ; for nothing is more i
in the best authors, than placing the nn
terial words at the close of a very long s
which in imint of construction must
others at the beginning. And therefor
we shall hear no more of this objection
As to the Christopherus being with
stead of an o, that is not a pro|ier obj<
this time. No man will pretend to say,
not be christened by that name, as I
the nsual name, Harry is the oomm<
name for Henry, yet a person may I
tened Harry, and so have many persoi
But, my lord, we say this is a wore
all the law proceedings for ChristopI
spelt in this very manner with an r.
As to the other objection ; as to tlu
tion of the tense in the words ' com^
imaginatus fuit, et intendebat :' the obj
made as if we were tied down to the
forms of gram mar; if the sense is pla
facts are explained by proper Latin wo
enough lor us, w heiher they are ca
sometimes in one tense, and somei
another, provided they sufficiently ch
fact to be done.
The last objection is the word * seisic
it ia nttt a word known in the law ; if tb
hold, it would not quash the indictn
cause there are several other worda to i
effect, which sufficiently express this i
overt act, witliont thia word • i ' '
ms]
Jbr High Treaitm.
A. D. 17S&
[110
«« W, tbat the prtsoner did proposei coDsult,
mi ai^Mf * iMi «acram pereoDtm dicti Domini I
^Gci^i none Re^t, &c. capieod', seisiend',
'iapitooand*, et in cusUmI* detinend." But
wtmai thai this b a very proper word. In
Atcoait of exchequer the worus used in cases
rfirinre is * seisivit.* Writs issue command-
■fthcsberifr * seisire', such lands, 5ec. into
Atkoai's hands, and the sheriff returns * sei*
■in feci:' so that if this word was looked upon
■n nkaown and nnintellifpble word, what
— thsBwat of many judgments and proceed-
ifsii diaft court ? It is a law word that is
■Rjp^icd to the person of our sotereign,
a^Hitiiinthe proceedings before-mentioned
ipfM Is aeizinsr lands, &c. why may it not
KipfM to the seizing of a person ? And then
f 'Hsiie' be proper, the gerund from that must
k'visienduai,' and therefore we apprehend,
■yM, that this is a plain answer, and that
■Bib so colour of reason for this objection.
SdGen. My lord, as 1 apprehend these
nations have no real foundation, nor scarce
■f csioor in themselves, so I do not know
*Mbir it would not be giving too much cre-
illilhciD, lor so man^ of the king's counsel
■ Mead your lordship on this occasion, to
eihe time of the Court in giving answers to
The true answers, and all the answers
lU can he cr>^en, have been already offered
ttiitry fiiH)- enforced ; and therefore 1 shall
littsable your lordship whh any thing fur-
Ik, Emngerford, My lord, I beg a few words
% *ay ot reply. As to the first objection
■ilape it is not answered : we object against
it sords * plenius veritat,* as words of no
Mm or meaning, as ranged or placed in this
hfateent. Mr. Attorney hath endeavoured
liMke tliem sense by transposinor them, and
Mmiag * plenius veritat' ten lines bcfAre
Hit iIm indictment hath. VVc must take the
tliey are in the indictment : and if
t4sy are not grammar, or intilllf^ilile there, the
p^tfjfcum still holdn. 1 know not what liberty
icbsg's counsel hath to transpose the wurds.
1 iaam school bovs sometimes pick up words
hmi rej^ard to i^rammar, to make w hut they
I fioawiiM- verses ; but 1 never knew an nt-
^t before by transpoi»io|^ of word^, lo mnke
le grammar, prose, or |>octry. There
bih? that hath been mentioned, tkut the
lute settled the foriiiM of proceedings
• *■•« of high-treason by direction of the
eof Lords, and this ' plenius veritat.' is
to the form inserted in that treatise : that
my lord, notwithstanding the solemn al-
r Afit by the judges, is not, with siih-
i,a conclusive auUiority : h was dtMiied
• in the case, of Matthews, whicli case
the better speak to, because 1 was of
4 in it. The objection taken in the
f Matthews was to the panned of
"i far that the addition and places
1 «f the jurymen were not inserted
vding to the directions of
I tbih
that book, the better to guide the prisoner in
his challenges. My lord chief justice King,
who presided at that trial, assisted by all tho
then judges of England, (except your lordship,
who was absent) over-ruled that exception ; and
1 think the rest of my lords the judges, now
present, concurred in tnat resolation. Where-
fore, if we have no authority to combat with,
but the authority of that book, which bath
been solemnly denied to be a good authority,
we hope this objection shall stand.
My lord, as to the word Christophorus, with-
out (loubt the etymology of the word is as Mr.
Ketelbey hath opened ; and there is this further
to justify that way of spelling which we con-
tend for, even the two first syllables of the
word in the indictment are * Christo,' as the
Greek with an o, and not * Christu' ; and in
conformity with the Greek spelling in the two
first syllables of the word, we hope the next
syllable must be spelt so too : but since it is
contended, that the substance of this objection
must be put into a plea in abatement, we shall
wait the direction of the Court as to that matter.
As to the words * compassavit, imaginatus fnit,
* et inlendebat,' there is something in that ob-
jection ; they all relate to a time past, but they
are in different tenses or time ; there is the
prcterperfect and preteriro perfect tense, and
there is the conjunction conulative between
them, as if both tenses implied the same times,
which it is certain they do not, and therefore
they charge naught ; for a thing cannot be
done lately and formerly, and both at the sams
time.
As to the other words ^ ad capiend', seisiend^
< et imprisonand.', we are u[>on the forms of
an indictment, and must be governed hy the
usual forms : 1 believe there is no instance on
record, where these words are made wne of in
any acquisition of this kind ; for whirli rea-
sons we humbly hope this indictment shall be
quashed.
^\r. Ketelhet/, My lord, I beg leave to of-
fer a word or two by way of reply : Mr. Ser-
jeant Pengclly is phased to say, that sense
may he made of these words, and that *■ plc-
' nius verltntem' as it is, is good Latin, hy lift-
ing these words from the ht)tt<)m of the sen-
tence, to the top, and inaUing then) follow * ad
* inqiiircndiinr. 1 believe four parts in five of
the eafilion interfere between the * iuq«>i-
* renduin' and the * {denitis vcrilutrm/ a whole
eatalogue of offMuet'S s<'veral iiv!p[)endi:nt
sentenres, ilifferent limes, persons, places,
ttiin^^s all stationed between, and yet these
words are to be united : I would he ^lad to
know by what rule of granmiar this can be
ilonc ?
As to the word Christopheni*:, T shall not
further insist u|M)n that as a pn)p(T objection
under this head, because your lordship seems
to be of an opinion that we ought to have plead-
ed it in abAlement.
As to the word ' seisiend. % it hath been said
it is a word well known in the exchequer, but
I
til] 0 GEORGE T-
tbey drt mi ihevr one iutitance wherccrcr it
Wfts uied ; inil(^ell lliev mentioiv a |>rerppl to the
■beriff ' seisii'i t»cbs,* and the return * sebiri
* feci/ but what is thai to * lieiiiienditm \^ the
ooeis juslHied by u)»age, tlie * seisitus* as * sei-
* »iri ;* besitles * seisin^ is there u^ed ia the
rerj same sen&e which the bw hath impoiied
iip<inH; it U to be put into poii»pssioii, liie
landti are so delivered by the slieriff idto the
hands of the king, that he beciimes seized
thereof, * ul de femloet in fure coronie,' till ao
' aiuQveas tnanys' be obtained : hut if ever that
word was nut into any imhctinent la sig^nity to
fteize and jmpriiM>n the king, it is entirely un-
kiioivn tt> me*
Indeed here ii one piece of d<iclrine offered,
tbat if it holds good puts an end to all our ob-
jections, and ereu tu the uct ot^ parUameut on
which they are founded ; bui 1 ntust own it
ii entirely new to me: we are told there are
other worils in the indictnticnt, and o(her overt-
«£U, nnd if one act is siifficieolly expressed by
any one word, thoug^h there be words that are
inaproper and false Latin, \ei it shall not
ritiaie the indictment ; what a?ai1s tbeu this
act that efi]|>ower8 us to make objections to
tnU*writingj» naji-«pelUng» false and improper
Ijatin f It is t'npos^ible to suppose, that who-
ever bath tbe drawing ol an indictmefit
ahould moke fauJlSf and ht under on frooi
tirtt to tasi: no, in an indictment for high*
Ireaion ibe greatest care is, or ought to be
taken in the drawing of it ; and w here the
life of a person y and all that is Taluahle is at
stake, the law wili not ftubject any one lo such
dreadful penalties and forfeiture lor an offence
expresseJ only by words of an unknown or dn-
bioua signification ; and iherefore, we hope
ihftt this goes to the whol«, and that the in-
djcimeut Bball be quashed, or else it would
he nugatory for ui to be allowed to lake ex -
ceplious to ooe part of the bdictment, if the
other were good.
1 believe Mr Attorney won't shew any
iosiance (1 submit it to his greater experience),
where lie ever knew one o^ert-act m an in-
dictment aet aside, and the rest of the indict-
ment held good : excepllonv huve, ever aince
the making this act, het-n taken and argued by
eouniie], and determined ; but if this liea ^^utB-
cieot answer, turely they spent the time of the
Court lo very little pur[H>se, in debating whe-
ther there wera any fhults in the indictment,
when it was ao easy to Khew it wun not faulty
throughout, 51 r, Serjeant Pengelly has been
jileaseil to mention the opimun of my lord
chief jnstice Holt, U|mn one id" the trials be-
fore him, that although one entire ovt^rt-act
was insufficiently alleged, yet if there was nny
other well laid, the Court troutd not qttaiih the
Indictment;* I wish he hail fold us in what
trial, or where it ia to be found, fnr I don't
remember it in any of the printed trials: as to
what was meniioned, with regard to the au-
* See Uacb'i Hawk. FL Cr. book g^«« 4^1
§180.
kTwGpheir Layff^
tHl
thority of that b^ok, f >r the wofds * pTenioa
veritatem»' Mr Hu ne'er ford rightly otiser^fd,
thai the authoritv of that book was uiieijy
denied at the trial of Mattlieivs ; your lord-
ship was not there, my lord chief justice Kin
presided then upon tbe tiench, that book
ticutarly directed, that not only the names
tbe jurors should be inserted in tbe panueL but
also their additions, and the places wbec
they lived ; instead of that, the copy of i
panjtel delivered consisted only of a long lij
of bare names, no additions^ nor where ihe^
lived ; whereupon we made our ohjectioo, %wi
insi&ted on the authority of that book. Not
withstanding which, the objection was thf
over -ruled, and consequently we hope wt; tba
not be pinned down to the authority of th
book any more in this case, than the othei
for these reasons we hope your lordship wiil be
of opinion that the king's counsel have *"*
given u full ansiwer to our obj^cUous, and I
the indictments hall be quashetL
Mr. Hungerford. My lord, I beg leaT«
hand up this precedent of my lord Cok«'
where these words are entirely leffc out*
L. C. X What is the use you would ma
of setting up an extrajudicial opinion of __^
lord Coke's, as you rail it, againat the opinibii
of all the judges ? Because it is not io my
lord Coke's form, theitfore it is not necessary
or riglit; but at the same time you would have
us governed by my lord Cokeys opinion, you
would have us reject the opinion of all 'the
judges. My lord Coke may be wron^ j tbe
opinion of all the judges io an extrajudicial
case may be wrong; but it would be fery
strange to give a greater weight to the e^Ort*
judicial oifinion of my lord Ct»ke, because he
bath kii tne words out, than to the opinion of
all the judges that have put the words in ;
neither is concluiive; but certainly tbe opi-
nion of all the judges of later tioies, must
have more weight than theextrnjudicial opinion
of a single judge at any former time.
As to the matter of this ohjcctioo, you say
that in the recital of Uie coinmijisioii of Oyer
and Terminer, in tbe caption of the indictment,
it is aaiil tbe conituijvsioners had aothorily to
enquire ' de quibuscunq; p renin ion iluw Vf
* pleninsveritatem;^ * plenius vcrilatem' <
in afterwards: we have been t<dd oi cL>..l„,
and Ciceronian Latin ; and if tliertj he any
regard to he had to that, is any thing mora
common in every part of Cicero, than to put
words last, that in construe tin u muFt come
first ? I do not know any rule that is laid dowo
when the words coming last, are io construc-
tion to be taken first, hut only this, that the
construction is to l)e according to the natural
sense and import of the words ; and if so, tbefi
in the aulhortty of the commissiooers, where
it is said ihey were to enquire * de quibuscunq;
prodi till n thus, he. plenius veritatetn,' in con-
struction the last wonis must he taken tirst.
You say as they stand it is nonsense, and sig-
mhm UQ^wgt and the words vre Dugatury ;
1
IIS]
Jhr High Tnaxon*
A. D. nsf-
[Hi
hmm Diftterial where ibey »t«iid, they must
l» tttkrn Ml ttiAi in3nn<^ of construction ai
wttld wttke them sigftiificiin^ ibat in, by Ukingf
Aelvt wortfSf ' pleniui ▼eriutem,* to go first
to utwIiiittioD ; iben it ii fery proper iti4
Jvf, anrfvli willbeweU.
As td ili« iiiatu»f of the tiii9nom«f, that you
k«fe fiven op, and very ju«Uy, for yoirare
r I* pt<*oil that io abatement.*
i«iXt objeciron is, you uay here is itn*
Ifttiti, *• compasKavlt* in the preterper-
» imaen^^^u^ f»iit' io the same tense,
bat' in the preteiimpcrft^ct tease ;
XSL
^kit§mm words Uy i\\eiu%e\Te$i^ guppone iL had
Ian * Ma(rassavii' odv, * imaginatus fuit*
MtjTf 9€ * loieodebal* cinlYt would not either of
whether in the preterperfect or
ct tense, hare been sufficient to
' obirg^d Mr. Lsyer \l'ith having- some
t.Hl anil imaf^ined ihe dtrath
if^kiti^ , one oft htse Hords charge
km with the luient of couipa^siug aud iinsi-
l^ «ti4l that re-iates to a time that h passed^
preterpeHect (eose^ or prtterimper-
t m aot msleriil : then as to oue ol ihe
U, as here be a great many to which
as stjectioo is ma<)e, the hii^h-treuson is com-
j ttoti imag|iiiiiig the death of the kinjf ;
ftttvcsf'ttcfs are seferal, either is snfficietit to
•Ml ll>e treason of compassfnf^ and i ma*
the 4eath of the kin^. One of the
I U| that he did de^iig^iii consult, and
iffve * ill capiend, seiiieud", et imprisonand.\
wm pcrsoe of the kio^. Suppose it hud been
^■rf eaMesNl,* et imprisoDand.*, then you say
H hmd Wen well enough ; but the putiiufj m
iisi wvnl * seisiend.*^ will vitinte the whote^
WcaiiVQ It IS an improper and vicious word. I
4s«H know that, nor dare not say in a court
if bw lliat it is an improper aud \ icions ^ord :
Mi mrt told of a c<»urt ot lA\Ar where the word
■ uuBit mu6 bath the same signification as io
te iB^nrtment ; as to seize lands into the
iMiii of (h«f kiiigi to seize land^, or to seize
1k9 luit|^ |i€rson, the word i$ the same, and
W • mmm^ » fo^td, aud enough to sig'Qify to
lalidft, * seiifire' is enough to nij^nity to
' th« king'* person ; therefore t thiuk it is
ipro>iif*r worti ; hut whether it is or uni, there
ii MRcseitt in the indictment Io mainiaru tlie
divjfe sg^ainat Mr. Layer, for he is charged
irtib a consuhntion and' ngreemeiit to take the
with a con suit at I on and agreement to
1 detain Ihe king in prison : these
em without the word * scisieod/, but
sctsietid.' hath been a la w< word,
I to our proceedings at law, never oh-
10 ; bat if we say it would not sig-
A aeisiogt we must set aside half the
dio^ in the Court of Exchequer^ These
l£e objections you have made, and
apprrhensiun they ean be of no ose
Io yoQf ehent, they signify no*
• l^oach's llawkini's Picas of tht Crown
% c. 45. ( oa.
VOL, XTL
Jli%X, Pomyi. I am of tlie some opiuloa : not
the least doubt remsins with me.
Just. Eyre. I think the caption of the in-
dictment la in common form, and the excep-
tions to the indictment its«$if are fuUy an*
twered.
Just. Forte$cue Aland, I am of the same
opinion ; and think the objections to be of no
weight,
L. C* J. The objections being all orer-ruted;
demand of him what he hath to plead.
CL of the Vr, Christopher Layer, hold up
your hand. How say you, Christopher Layet,
are you Guilty of the hi;;h'treasoQ whereof
you stand indicted, or Not Guilty f
Prisoner, I dcjiire my plea of misnomer may
be received, ^liid 1 plead Not Guilty as to
tlie fact.
CL of tht Cn reads the plea,
*^ Et Christuphorus Layer ad Barram hic
duct, in propria |»ersoua sua venit^ et habito
audit u Itidicttiment. pnedict. dictt quod ipse oil
persoua in IndictameuL pnedict* mt^utiooaU ct
nitens. |»er nomen ChriKiopheri Lay<?r, tJUMr
de paroch. Sti. Andnei Uol borne in Co^* Bul»
VI r. etveriiUH quern indictauicnt. prtjedtct. pru-
lal.existit pro a!t. Prodiiione prttdict* et dictt
quod ip»e ad Indictament. illud re-^pondere
compctli no[i debet, quia die. qtiod ipaediu aute
teuipus caption. JndiCtanienU pnedict. uecnoii
hiite tempus oflensi in Indictament. ill. specie
ficat. et heri i^upnomt. Baptizatus fuit per
I nomen Christophori, et per id nomen Christo-
' phori semjier a tempore Bapiizatlun. suts hu-
jusque voeat. nuncupR(> el cogoit. fuit, et hoc*
pHrat. est terificare ; unde ex quo ipse non no-
mioatur m Imltcrament. predict, per nomen
Chrislophori, petit judicium de Indictament.
illo, et si ipse ad Indictament. pnedict. ullctius
retipondere compelli debeat, Ace. et quoad pro-
dilion. in Indictameist, pra.*dict. mentionat. ipse
prteilicl. ChriMophorus Layer dictt quod ipso
m nullo est inde culpabdis, et inde de bono eC
malo ponit se super Fatriam, &c.*
" j, hungciiforp,
** Abkl Ketelbey.**
X. C. X Your plea is reccired. He hath
pleaded in abatement first, and then ple^do
over to the treason. What say you to it ?
Serj. PtfigeUy. It cannot be expected thai
we should luve' a rapljcation reody to their
plea in abatement : we were not aware of tliis;
therefore we ought to k«ave time to draw up a
replication.
X. C. J. What say you to it ?
Mx* Hungerfht'd and Mr. Kttelhey. My lord,
we have uo objection to it.
♦ " The rii-ht « av seems to be, that ph
should be followed wuh an o, aud/ with an tf,
the ftrst being derived from the (Iret-k, and the
other from th« Lstin. See Lowick'g indict^
inent, vol. stiir, p. '275, where it is Christo-
phonji Knightley. See alio Co, Eoir. 61* a.
55, b. 215, c. 80g,c. d, 310, i. b, 3X9, a, 331,
b«** Pomicr Kdiiim*
1
1I5J 9 GEORGE I.
£. C. J. Well, the plea is recorded. Con-
sider DOW the question on this plea, is, wbetlier
be iras haptizetl by tlie name of Christophorus
or Cliruitopheriis P
Serj. Pengelljf, My lord, to-morrow and
next day beiog holidays (else we should ha?e
been ready by to-morrow) wt therefore pray,
that he may be broujj^ht up ai|;ain on Saturday
by rule of this court.
Mr. Huveerford, I ba?e some deuM whe-
ther it can be by rule, or by Habeas Corpus.
X. C. J. When once a Habeas Corpus bath
been granteil, and he is broua:ht lietbre us, we
can order him to be brou<)fiit aj^in by mle.
He most be taken back again, and brought up
here on Saturday next.
November 3, 1722.
The prisoner was tliis day brou«^ht to the
KingVbencb-bar by the heutenant oi' the
ToncT, hi obetUenct to the rule of Court made
the 31st of October;
Att, Cmcii, My lord, I have demurred to the
prisoner's plea in abatement, and pray the
demurrer may be read.
CL of the Cr. reads the ilemurrer.
«* £t Uobertus Uaymoiid Mil. Attorn. Dom.
Reg^s Generalis qui pro cudem Dom. Rege in
bac parte sequitur haliito audit, placiti pitcd. in
cessation. Indictament. pried, sujierius pla-
citat. pro codein Dom. Kecre dioit quod idem
pincit. materiaqtie in eodem omtL-nt. minus
•uflirien. inlegeexist. adipsum Christopheruiu
a rcspr.ndend. ad Indicument. ill. excu sand, ad
quod quidem placit. idem Attorn. General,
necesse non habet, nee i»er legem terra: ti^uetur
•lique modo respondere. Etlioc idem Attorn.
General, proemlein Dom. Rege pamt. estrc^-
ticare prout Cur' ^c. Uude pro iusuf&cieiit.
placit ill. idem, Attiiru. Dom. Regis General,
pro eodem Dom. Rege petit judic. et quod in-
•lictament. prwdict. bon. et sutliciens adju-
tlicetiir, ^c, Rob. Raymond."
Alt, Gen. We pray tUey may join in the
demurrer immediately.
Mr. Hungefford. My lord, it is altogether a
surprise to us, and as the clerk hath read it, it
16 impossible for us to take the substance of tiiis
• dcuKirrcr. We therefor? hope we shall be al-
Jowed a few days to consider of this matter of
ioiuiiig in demurrer. We shall not ask many.
The prtcedeuts are so, the prisoner was always
Indulged with some time m a case, of this na-
ture. Before the act of parliament for regu-
lating of trbls, where matters of law were
started, or any special plying did arise, the
prisoner was mdulj|^ed with a great number of
t;ouosel . Fitzhams had Ate, a greater number
tlian I ever knew engaged on one side in deli-
bcfrations of this kinu, unless it were that
number of learned counsel which met to adviee
upon, and adjust this demurrer. But 1 think
in the ordinary course of tbe Court w are
proper to desire two or three dayii. Tiro or
tluroe days is bat a liltle tinob opociallj whm
Trial of Christopher Layoff [IMF
the life of a man is concerned. Mr. Attomcj
took from Wednesday to Saturday to coosider
of our plea, we hope at least the same time
shall be allowed to us to consider of this de-
murrer. I have in my hand the amigDiDent
of, and proceedings against FitEbarrii, lie wa»
indulged several days.
Mr. Ketelbeff, AJy lord, I have brooffht thr
book along with me relating to FitxDwim:
As to the matter of having time to join in de<
murrer, whether we are not entitled to il Iqf
the rules of the Court, 1 must submit to yoer
lordship, h is a case of great oonseqnenoe &
and, as I takejt, tlie constant practice is, thai a
four days rule is always given to join ia de«
murrer. This is alwsA s done, as I am in-
formed, on the crown-side as well as the i ~
side. The tenor of the rule is either to joiB tt
demurrer within four days, or to wave tke
plea ; but Mr. Attorney requires to do it ina-
mediately. In Fitzharris's case the attomcy-
general demurred in court, and the oouDsel OB
the other side refused to join in demurrer ioH
mcdiutoly, and they had from Wednesdav t»
Saturday. We hope therefore there ihdl ee ft
four days rule for us to join in demurrer ee in
all other cases. If we are not regular in in-
sisting upon four days, we hope at least your
lonltdtip \ull indulge us with some time; or if
uc tio immediately join in demurrer, tliat wm
shall have some time to prepare oureelfw 1^
argue it.
L, C, J. How say you, Mr.Haroowrlf hew
is the course of the Court ?
Mr. HartourU My lord, in criminal pron
outioiis for misdemeanors, two four day mliP
to plead are given, and a i>eremptory mlemof^
for; and tlieu if there be a demurrer, one ftq^
days rule to join in demurrer is gifen, indn
peremptory rule moved for: Bat in
cases tiiere is no rule given, either to
join in demurrer; all proceedings in
cases being at bur, the prisoner is obliged on
occasions to answer immediately, nor can '
be any instance shewn to the contrary.*
JL C. J. The course of the Court is
you.
Mr. Kungerford. As to the conrse of d
Court, 1 Imow no better description of it, th
that it is the iminterrupted usage of the Co^
warranted by reason, or at least not coo.^
dieted by it. The officer tells you that in «
minal cases which are not capital there
rules for four days, and four days to plead, ^
likewise a four days rule to jom in demnr^
and surely if in a criminal case, which ie
capital, a man is indulj^red four days ; an. 'i
in a criminal case as this is, which it o
and doth touch a man's life, his posterit
his estate, by parity of reason, the indnl
ought to be more than four daya^ I iiegl
to observe one thing in the case of Fiw
now in my band,
aska the prisoner,
• Aslothli iM-
Bobert Johmii
bine in the case of Fits
d.llykml chief justii
r, wiU you picsi ofr-*
I fira may bt^e any time in reasoo.
my Wfd, we bave fUeaded oter, we hate
mmk4 Noi Guilty as to ibe otfence ; i<> that
Ibf tbift rcftsan we might bave till Hilary term
wad^ btca.v»i we bate forwarded thein in tbeir
already by pleading Not Guilty aa tci
ibc Ii4(k>lm«m/ And we hope, theretbre,
Ite ffsten^ii of the other side vf ill not
lEBi wHb tas for two pr three days in a caae of
Mr. Eiielbey, My lord, I ooly t>eg leave to
ate tbis single word, that tve do not iDsi^t
o^tftblbr delay, or to put off tbe trial j we
M«f ftgmiie*\ firer to the treason, and in caiie
aM JuIq in demurrer^ whatever time is
np in arguiui^ it, cannot obstruct the
itog« ID order to the trial i nay, the trial
le Iftad before tbe matter of tbe deniiirrer
WiiimiUied.
I. C. X 1q case ymt should join io the de*
tt«Mr, w bat can you do elie f
Mi. Keiclbry, f believe we abalL I f we had
'«p( tliDQght our plea would bare stood a de-
VttTfr, w«! had not made use of it*
8e^. PtMgeliy. My lord, what be praya ia
IfiiMt the rules of tbe court ; in ail capital
I <attei tlicre arc" do rules given to plead or joitt
Ib demurrer, but the proce<edinga are all * in-
I HMer,* tbe prisoner being present in neraon,
I^mI llierelore, my lord, the re is noihing m what
^Hibij wit. When tbey put iu a plea id abate-
^pVOll bere al tbe bar, which cannot be ex]>ected
I m dtoOflil af, it is reasonable that there should
I kt womm time to conaider of that, to &ee tbe
sgbm of it^ and cotisider what to answer to it,
Wt hare dernun^ to their plea ; no doubt
tlkay had ci/nsidered of their plea whether it
Was a |roo<I plea in law, or not; if it be not
DDOit, can they amend tbeir plea in abatement 'f
u was never allowed: If they can make no
iUeralioQ in that, what can they do ? Tliej
AMI do oothiog else but join iu demurrer ; it li
all tWjr can do ; and when tbey have joiued in
dmurrer, westiail f«e if they have any reason
<BrfKrtlicr time* But aif to what they say,
Aat ii lotlie Sttfficieoey of the pica, it may &e
■rnii4 snolber time ; and as ihey have pleaded
•far lo ilie treaAon, there needs be no delay aa
to Ibe trial ; I would he glad to see whether
Iv this lliey 60 not deprive the cro^ru of the
rfmipo, to proceei) in such manner as shall be
^•i^it most advantageous for the carry tag on
^ plOtttutJQD ; but IS it advisable to leave a
jfm in afaatemeot to ttie whole undetermined,
is4 lo try tbe issue Htst? I believe ttiey can
lifv AO aocb tostance, and therefore in all
i i^aaes, as well as iu criuunal, the pjea in
BCfit goes to the whole, to destroy the
» ifrdiiOtiiieDt, aud indeed ought to be de>
before the Court goes 00 with the
InM* My lord, we are surprized at what tbey
•cHi by ihta, when they can do nothing else
bit jotn in demurrer, and therefore we hope
^^^iLftbali join immediately.
^^^Hb* Gtn* Aly lord» what we insist upon is
pWi new tbtiig i the coastant practice io cases
if ibit ptlitrt Das beeOi tbat if a demurrer ii
put info tbe priiioner*s plea, be most join in de-
murrer ' instanter/ 1 believe tbe gentlemen
of the other side cauntit i»hew one instance to
the contrary. The prisoner can do nothing
but join in demurrer. As to what ha;* been
said about our having time from Weilncsday to
8aturday, the reason was because Thursday
and Friday were no Westminster ball days,
for which reason we could not have the pri-
soner brought up befure this day < Tbe putting
in a demurrer to this plea can be no surprize to
the counsel for the prisoner ; for yesterday wa
sent C(»pies of our demurrer to them. Mr*
Pember, tlie prisoner's clerk in court, had a
copy or it by two of the clock in the afternoon ;
and the prisoner himself had one about four
oVIock. As to the case of Fitzharris whicb
has been cited, it was a plea looked upon to cou*
tain things of very great difficulty ; tbe time
asked for there was not to join iu demurrer,
but the time applied tor was lor settling the
plea ; but as soon as Mr. Fitzharris bad
pleaded, and the Attorney Ceneral bad de*
murred to it^ the Court ordered ttie prisoner to
join in demurrer * iastaj3t«:r.* As to wbut baa
been said, tbat we may [iroceed to trial on tbe
plea of not guilty before the demurrer lo tbe
plea in abatement is determmed, tbat ia by no
means advisable; tbe consequence of that
may be very ratscbierous ; for if tbe Court
should be of opinion tbat the plea io abate tnent
is goo<J, afler we have disclosed tbe wliole evi*
deuce aguiu^il the prisoner upon tbe trial,
tboui^h we ohiained a verdict for his majesty,
the whole must be set aside ; and therefore we
hope your lordship wilt uot break iu^o the com-
mon metJjod of proceedings, but make tbe same
rule for tbe prisoner, as luways haii been made
iu cases of the like nature ; whicb ia, that be
shall join in demurrer immefliately.
SaL Geii, My lord, I agree with the counsel
for tbe prisoner that we are io a case of lite,
and that is tbe reason why their client should
ba^e all the indulgence the law %vill allow him,
Bui I beg leave to observe, tbat we are not now
00 a question that directly concerns the merits
of tbe case, nor whether a prisoner who is to
answer for his lite at this bar, sliould have time
to senit for his witnesses, or prepare for his dt;>
fence. That indeed might be of a different
consideration^ But we aie now barely up^m a
frivolous^ dilatory plea, ns frivolous a plea as
ever was oFlered in any castf whatsoever; and
the question is, whctbi'r they, who have pre-
|tarea and put in this dilatory plea, shall have
time given them to consider, whether tbey wilt
join iu demurrer upon it or not ? As to the
case of Fitzharris, whatever they have inferred
from It, J think it nether turns against them.
Was that a plea of Misnraner? A letter pre-
tetided to be mistaken iu a name, whicb 1 beg
leave to say, when consideretl, will appear to
have been always so written in legnl prf»ceed-
mga: No ; it was a plea of the pendency of ati
impeachment lor the same offence, sent up by
the House of Commons to the House of Lords,
and by coniequence^ iu tbat case, tbe prero«
4
119]
0 GEORGE I.
Trial ofChri^ofher Layer ^
[IflO
l^atiFe of the crown, the jurisdiction of the
Lords and the privileges of the Cummons were
highly concerned. This was a question of as
great weight, and perhaiis of as great diificuhy,
•s could come before the Court, and therefore
the prisoner had time given him to plead that
matier ; but when the Attorney General de-
murred to it, the prisoner ioined in demurrer
instantly: And as Mr. Harcourt acquaints
jour lonUhip, the practice is, that there is no
such rule for proceeding upon demurrers in
capital prosecutions as in other cases ; and this
appears by their never being set down in the
paper to lie argued, as demurrers always are in
other causes. 80 it was in the case of Fiiz-
harris. That was argued by four or five coun-
■elof a side, without being set down in the pa-
per. Id the case of the prisoner, which is
3'onr present consideration, more hath been
done for him than was done for Fitzharris.
Here is not only a demurrer given in by Mr.
Attorney at the bar, but the prisoner's attorney
had a copy of the demurrer at noon the day
before, and consequently they could not want
notice that we intended to demur, nor be un-
der any surprize from it. What then would
they take tune for ? Can thev do any thing
but join in demurrer ? Can they amend in
capital cases P Or could they amend a plea in
abatement in any case ? They Jcnow very well
that thev cannot. Can they withdraw their
plea ? I believe they cannot do that neither
without tiie consent of Mr. Attorney General.
If this be so, would thejr take time to consider
ivhether they shall jom in demurrer, when
they have no choice, when it is impossible for
them to do any thin^ else? But, my lord,
the method of proceedmg we are now insisting
upon, hath been always taken in capital cases.
I agree, when the question has concerned tbe
merits of the prisoner's case, or when he has
been to prepare and consider of some matter
which has beeti, strictly speaking, his defence,
time hath been allowed, but not in other in-
stances. Where the exception taken hath
been to the jurisdiction of tlie Court, and time
has been desired to make it good, it hath been
denied ; as in the case of my lord Preston,
who was tried before my lord chief justice Holt,
and other jud^res at the Old Bailey. My lord
Preston insisted that he was a ueer createil by
letters patent of king James the second, and
consequently that the Court at the Old Bailey
had no jurisdiction to try him, and he prayed
time to produce his letters patent in order to
prepare and make good his plea ; but the Court
refused to give him time for that purpose.
And 1 believe it will be fbaiid, that in all in-
etances when pleaa have •PPeaied od the flrat
' rm oftben to be merely Uetory. and ofmd
^noollMw wmm^ luA te Mav dial mtiee
think in civil actions the Goort
would set this plea aside, but in a ease of life it
is received ; and Mr. Attorney has tboe^bt fit
to demnr to it. Is any advantage lost, ter the
prisoner to join in demurrer instantly ? 1 ap-
prehend what they move fur is to have tine ta
join in demurrer. Are they notes reedy to do
that now, as if they bad a week or tea daya
time given them ? Is there any thing else eea
be done ? And is there anv occasion fur tisM
to do that which must be done ? And cenaot
thev as well j<iin in demurrer now, as if tbi^?
had more time to do it ? Certainly tliey nsajv
my lord, since by the rules of the Court (as mtm
Hiut^ourt intbruis your lordsbiji), there is ao
rule given, but they are to join instaallj.
There is no reason to allow them time, 1 '
thej^ can lose no benefit or advantage by ioia-
ing instantly. So then, as we appreheiid, wa
are in the course of the Court, aud there is no
reason why the course of the Court shoald ba
altered in tbis case ; we therefore hope that they
shall join in demurrer immediately.
Mr, ^Vi^ My lord, I think there is wMaa^
in the exception of bis counsel not beiii^ ready
to argue his plea : no doubt they consideied oC
it before they brought it in ; and wbea they
had produced their plea, Mr. Attorney
inurred to it. 1 cannot see why they shi
insist so much for time, when they can de
nothing else but join in demurrer ; therefore wa
hope that they shall instantly join in demuner.
Air. Ilungerford. My lord, 1 beg leave le
set a matter of fact right, that is as to the ceaa
of Fitzharris, which was mentioned as an an^
thority against us by Mr. Attorney, but in trath
is not so ; for though Fitzharris's cnunael did
join in demurrer innnediaiely (or * instanter,'
as it is called) yet that was not by the eoerdeo
of the Court ; but they voluntarily offered le
join in demurrer, upon an opiniou fas I prs-
sume) of their own great abilities and sell-snf*
6ciency in the matter. But we have not thai
opinion of our extempore perfonnanoea, bat
desire time to consider of thiH matter. As tm
my lord Preston's ca»e, qiuited by Mr. Holici-*
tor, it is troe the Court diti not give liim leaviR
to send for his letters |iateut, because, ei
kn-d himself had opened them, and the
was, his letters patent w»'re dateil at St. Ger-*^
mains, and griinted by king James there,
his alidicatioo ; and it would have been
highest iudi)(niiy both to the Court ami tfae^^^
veroment, to iiaVe such letters patent plced«^^
or insisted en ; and 1 believe no gentlesMik.
the liar then, or now, would have signed a -^^^
a pleii, which if allewed would have im|
that tlie government was not well 1
their majestiee kiog William and queea
end that king James (tfaongb at St. '^
bed a right le oeate peers, and eoasec^w^^^^
WM nelly kiaf. But if my lord PreBU.% .^^^
*-4' UntKB aalent regularly gvaaled U^^^
> -r Iniy WiNMMh in kschenl
*a#^
lich
book
Jfof High Tnason*
in tod to tilm there; that^
ibijofi, was iii9 reii«ion why
iDilutge btm wKli time, »tirt
t%«fc»^irt, 9 («ope, 19 of no
ftK. Jt if «ai<i we ire tieil
i , w« knew out own strenf^th
i!^ and Itieri^lnre oti^lit to be
li liul if ui^y ineniory «Kilh not
sndnrv t nrjjeak it with aome
M»m aneioftaiices where even
« tt p]«« haU) bc«fi jimeiitled.
«• 4ion« h the e«Me (>f my lord
vrwB a pi en to the iiir indict ion
JIIv lord, wc »hf*ll desire hut n
fviiioh I hu|»e will be ^rrAuted as.
My lord, hb to Fitxharris'ti
wmn, amended th^re: the firtt
1 io hj Mr. FiJzharris \\{m-
fileci Wia brought in ai>d
incr llie plea was read the
lihn ^ouoaelf and ft^ve him
*"* ' ' t*i nut the plea in
ana it was alterod
on Wednestlay. As In
J «ay!i* that the Court com-
til) ifi <^ifiurrer ttiitiinily^ the
ok which I h*Te in my hand
w^ iHat are aisii^ned counsel for the
ii al Ike bar, we do not desij^n to de-
f<Ciatditig»> litit to declare that ne will
lignum wkb Ihem immeihately.^'
I llfte words of the hook ; so that it was
■tvry aet of the counsel, and they
■i all f-.'^v'^Mf-d to it by the Court.
hat M* t o!»»en't»s to be tiie
} la., . -J ; ihat we cannot shew
' to the ronirary ; I d(i not know
Ri «li*»^v one invitAnce for it, ex-
Iiirriu ; if they can
nne instance, we flhati
M a frivofon* plea, ibe variation of
|ifl4 nc^vr writ otherwi!it>. %\ bet her
mr nat will uppifir nheu it corner
feofdahtp in pnf lament : a» to its
f •Tiiaotberwi'.t' \Un\\ with an c. I
Mlbcy can And ii in aity bouk
f^ml upelt so, unlesc^i Ihey liuve
• Ifiilr actor Ckrric-alis :' all the
ttty an* otherwise ; 1 hrlieve
^1 hui iittir weight. M
, which Mr. S*Wtci<or
'. 11**- that the Court
tke out liis plea,
I hail'. I ample ansi^er
9 ai» lii tUe ctrcum stun CCS ;
fthat lord had l»een «uch a» the
fcf miitf wdit ij' t' |drn«ed to state
^^^▼r, but t)»f contrary to what
^ Fitzhamit's case, and there-
tffta bw niaife of i| i* one 9111-
r? and whrrr ^1 1 k
' *^**'' '"'hihfrnce «»i (
^ h^^mr of lite, anil ^niin un
pM^if at Ibe OBtureof tke thiujj
(ttttp^ Mi taiatiiitly li> join in
) «riiU
A- D. 1793. [ISf
Ait, Gen. My lord, 1 beg leave to state ««•
fact right, and that is as to Fit^barns's case:
they say the plea was put in, and sf(€!rw;irda
amend eii ; that is a mistake ; the fact was, thai
hit wite broui^ht a ptea into court ^ and olfereil it
to the Court, and pressed it tiii^lit l>e reoeivod (
but BIr. FitzhniTis was adviied Ut consider
what he did, and thereupon he took it back, aiUI
aHerwards brought a plea "in, wl»ieh was ra-
crivetl, and after that it was nerer allcreil.
L, C. J, I d^rv say it is the lira time tbal
ever in a capital cui;e, when a plea iir abata-
ment was pleaded^ and the Attornev General
thought tit 10 tlemur to it, that the'party de«
sired time to join in demurrer. You arr not
entitled to any time by ibc course of the Court,
you cannot shew any iniitance to prove it ; the
question then is, whether you have ^tven any
reason for us to indulge you with lime, ibat
never was i^nmtefl in a case of this nature.
You have pleaded in abatement ; you were
enabled so to do by baring' a copy of the in*
dictment ; you brought your pltia ready en-
grossed, and put it in. Mr. Attorney not'heinf
aware of any »uch plea^ it cotild not be expect-
ed he should be ready with a demurrer Ju hit
hand to this plea, and therefore be desired time
to consider of it. The next day it could i«ot be,
nor the next atkr that, they being holidays ;
but then tlie very tirst time that he had an op-
portunity to come, he comea and demurs te
your plea: but vo« deaire time, and why
bbonlri you not have time, when they had
time, to consider whether you shall join in de-
murrer ?
Do yon want time to consider whether yon
shall join in demurrer, after you had time to
plead and draw up your pl«»a, and have brought
It into court? \Vbv vtiuuld you hare timef
Can you do any tiling else hut join in de«
morrer? You can <lo notbiogf ebe : and unleag
you can shew any reason why tb*; Court sliould
indul^ you, if you do not think fit to join, we
mu«t ^'ive judgment against your ptea. Yott
till IIS (»f the case of Fitzh arris ; that is as
widely different from this caae as any thin^
can be. It was a ca».<* of great difficulty, tlial
reijuired ^reat ctm^i deration, whcu a party
comes and informs tiii^i Court, and insists he i«
not %vithin tht^Jurisdiriion of the CuurC* H'ben
a maiter is iirt;c*d to uh as a question of law, if
we were not Ixmtid ik% we are by act of parlia-
ment, we would certainly iu^»i|fn counsel to the
prisoner to id^^itd a maiti-r of ilmt nature ; and
when the Court in FitzhtirriH'ti cHf^e had aa-
si(fned him counsel, were thi>se counnfl to ar-
gue jmtUf'diMtely f It was nothing hut justice
to give tli»iu time after they were as«»igaed, to
Afffue a plea of that nature ; a |>tca in whtcK
the prerogative of th« crown, the junwliction
of the Hoim' of Lonis, and I he riijh.s of the
Comtnona wne concerned. The Court ^ould
not run hastily into the dctrrmmirtif id that
msttff, without Itearing it drtj^ted by coun*te1,
attd tberefbi^ they gave the coumel time, upon
which they tnigbt be able to give 0 just judg-
ment. U there atiy thing in tbia ease like it f
I
I
I
I
I
18T]
§ GEORGE h
toen of the «lhc*f side seem« to gire » ftati<'tiou
to it, and mukee it oot so friTolons 89 liatU Wen
f«|i reset! ted.
L. C. J, Whtt dr» ytm tiietti, Mr, KiHelhey ?
Mwc is ftothmff asked of yoti : you do di?iirt
t(| wave «ud witlidiaw your ptet ; >ve desire i4«
koovir, if vou do» whether you will plead by ibe
Qitne a» it is iti the indtctiuent?
Mr. KeUibty. My lord» wt? do.
Alt. Gen, We desire lh< |d -a €>f Not Guilty
may be amendedf upon the consent of the pri-
•ooVr.
Mr» BHn[rtrford. We oflVr now» let the
|iiece oJ'parcliiiieftt be eiilirely aWU^ihetl, take
iieiiiirdy out of the way, aud wa plead Not
Guilty.
L. "iC, /. Your plea moft be now * et prtc-
dict^ Christopherus ikictu^ hie ad harraiii,' ^c.
iWr. KiteiUff. We siihmit it.
■ PrutmtT, I desire to viithdraw and retract
Ilie«iher plea, and do plead Not Guilty.
L.C.J. No, it uiust he mel1dt^d ; yoo will
liear hoiv it is when U is ulriick out and amend-
Itd, ami Iheu y<^u will idl us whether it is
lueuded Acordiiiij to v»ur iutent^ or no.
CI, efthe Cr. '* fit pricdieiyfj Cliriwtophenjs
Layer allocuiua existeus per Cur* hie de all'
^roilitioii* firiEdu*ta|>er Indiciament^ piietliei' ei
•uperiu!i iiiip4»i»it^ qoaliter «*e velit lode aci}uitv
tail, ideui Christopheius L:tvei' diet t quod ip&c
In nulio est inde culpnbiiiii ct tnde de botio et
tnalo (Mtiit se super patrtaiu/*
X. C. J. Is this accordiug to your intention?
Pnumer. Yea.
Serj. Pcfjgetty, My lord, I behere it is usual
I In these cases ♦t>r the Couit to*appoint a time
ibr (he trial; the lust return hut one m this
tcrtn is the 19th of November, so if you please
it may He the * quarto dte (»ost,' which I think
la Wednesday, if that he auiiuble and C0D¥e-
^ iiient to the Court.
X. C. X What aay yoo to it ?
Pri9oncr, I desire your lord&hip would
fire uie a louv^er tiny to preparf for my trial,
have a ^reat number of witnesses, twenty or
' Xiiore, most of them peopit* of the first quality.
\ 1 hope I shall hav'e the common processes of
ttie Court III bring them here ; and, my lord,
Another thing' 1 desire is, tbat f may have a
Hiibees i'orpus ad testificand*, to briD|< my lord
North and Cirey, and my lord Orrery at my
IriaL That, my lord, you would pleaiie to give
Rie as long* a day as you can to prepare for my
trial ; if your lont^hip please it may be Mmi-
' d^y the 26th, and tlien your lordship will hare
ft aay of rest between.
X, C. X That will be out of the relurn.
Mr. Hungtrf'ord. They tnust appear, and
I then may be atijoumed.
X, C X It CBUuot be adjourned over be-
t jroud the return.
Mr. Kttelbty. My lord, the prisoner hath
( fhewnthttt hehnth io uo rt*p*'cl aftecled delay,
X. ex. It caunot be. God foihid that we
•bould deny the prisoner to hare a reasonable
time to prepare for his defence-, it is three
we^ktffom Jbcwce; ^ou have been aware of it
Trml Gf Chridopher X ffyf r, [ ISS
I hing^ before; you have known the indictment
was loond ; you have had s» copy ok' it ; you
have known your chttrt^e; and is not all this
I lime enoujjh*.* Consider, the term dr«ws to*
I ivard an end, aud it interferes wiih the com-
mon b4tsines8 of th« term if we carry it to a
farther day : we do agree the Venirt^ to be re-
turned Ociab. Martini, and the trial tlien moat
be the * quarto die po^t,- i^hicii will he Wed*
aes<lay the '21aL Aud it is proper tor us tfi
give yoo an intimatiori now, not to eX|K'<!l any
further lime, or the jury to be udjounied ; do
but consider what a multitude must be bruughl
n\t^ ei|r(ity at least ; the prisoner bath a privi*
le^e to challenge 35 pei'cmptorily, aad after^
fop cause, as many as he pleaMes ; so that a
great autnlver must be hn>ught up ; and ioif
Ihem to be forced to attend here the 21^1, %xA
still the trial to be put uflf, it will be a great in*
convenience and a gi*eat charce, tht^refi^rc lliai
must be the day \ we shall not consider lo put
it off till any farther time.
Pritmier. 1 beg leave for one wnrd more j
I have a witoei^s that is to oouie from £din«
burgh, and I eou Imrdly have him here by the
2 tat. If I could but be indulged a few dajf
longer— —
X. C. J. We cannot do it without luakinj
an error in the proceeilmga*
Pri$on€r. b thei^ uo other returu for a Ve-
nire to be returnable I*
X. C, J. No ; there is none but that, 804
the last return of (he tejtu ; and it is impoatilile
to try him tliat day, without doing a manrf^il
wrong and injustice to the people of EnglTind«
Prisoner, My lord, where a aian*8 life is at
stake, if I Kliould not be itululged over till the
last day of the term, for want of a witness 1
may be in danger of my life : 1 hojie therefof«
your lordship will please to indulge me,
X* C. X You have had a great deal of time
already, time sufiicienl to bring your wittteM
from Ediiihurgh, or any othei* place, aud wa
cannot do it. To put you oA' to the last day ^
the term, is to do a manifest wrong to the jieo*
pte of England.
Prisoner, The reason why 1 mention it aver
and ovsr again, i^-, because 1 would not giver
your lordship the trouble to be turned over to
another day, on troubhog your lordship witli
a til davits.
X. C J. Vo what you lay beiure us as mat*
ter proper for consideration, we shall do wbai
18 just. It is not proper for y ou lo tell us what
we have to do, and to make bargains with os.
Thai is the day of trial ; it most be on Wed-
nesday the tint : your counsel wilt tell you if
is im|>os«ible to comply with your request^
without dolug the maniiesteat injustice io tba
woild. Or else, whether to try you upon the
yist, or in two, or three, or four days ntr.r, t
do not think the consequence worth disputing ;
hut we cannot do it without douig wrong aud
iujUHtict' to the people of EtigUnd,
Ptnoncr, I hope I shall be ludulged two CT
three days.
X, C* X* We Gaa aay no in^re^ TIm taa§
High Treaion*
hmA fbr prepiiration for yaiir trial we
tbaodanily mlEcieut tii prepare yourselfi
fere wc are of oinnioo tbat tbe trial go oti
tktt dmf ; and we order it acconlingl v*
Mr Ktitihof. Your lordship will pfea«c to
a rtUe ftir bis wife and sister to come to
A. D. 1722,
t. C. X ^o ; not for his irife and sister.
My lord, for a single woman to
^ I the courts and tlie gnanls, to be
herself, it is not so proper, my
C-/. Yoti shall have a rule from the
votir wife to come ; as for your Btstor,
Wve that to the direction from ano-
We must not be too forward in
women to come, we remember an
occmsinned by a woman comin*^ tliiihtfr.
0rt». There must be a rule to bring him
dav of his trial*
^Ibey, ' My lord, as to having his
Corpus ad testi^caud' for ra^ lord
an4 Grey, and my lord Orrery-
L C. J, You mast give notice, and then
as^e miukl you please.
Ilr» Uut%g€rford. By what was said, I did
y<i«iLis:u4i4, I must confess, that though the
ll was tQflde for the wife only, yet that it
%bl be ift the power of tbe gentleman jailor
fomiX l»er sister to come with her.
£.» C J. We ifive no direction concerning It.
_ c will have a rule from the Court that will be
Im ilti«ction» unless he receifes any additional
Anfiioii from auv other place ; but the Court
ti»ia bis wife only.
ilr- Ktielbttf. Ijiere was another thing' men-
iisMd, tl»ai he may have copies of his papers
iktX mtte wixed.
JL C J, Gire notice for what you think fit,
mik more it.
iVopm^er '21, 1722.
^K Thisday ChnstoitherLayer, esq, was brought
H!|i|b«< lii*r I.I c'Hiftody of the lieutenant of the
W TffWt. 1 -I nee of the rule »jf Court made
I fv tliii , - i\ ill order to bis trial,
I CLf^ the CV, You Christopher Layer, now
I alMiiwr at ibe bar, these men »liich you shall
■ bar oilM, and personally uppeur, are to pass
I lnwern mir «io?ereiirn lord the king and you,
I y> ' M«ir hfe and death : If you" will
I dalit I, or any of them, your time is
b chaJlini;^e them as they corner to the book to
k »n«Ti. and betbre they be sworn*
JTriiitrnife Nurfon,esq*
Mf. Hungrfjofd. My lord, we desire that
liiirofu m^y be taken off.
Im* C- J. Vhe. ironi roust be taken off; we
itin iKil trir till the irons are taken off.
Prt*0iicr* 1 bope, my lord, tliat the irons
ihanbeimwukenoC
JL C. J. They Khali be taken off.
Ifr Hungerford. Ttie poor man bath been
ipprewied by these chains, that be was not
iBMi to pri-pare his brief I had it not till lafe
Im oigbt ; and ii b ten sheets of pap^r*
fOL. XVh
[120
You have
AtL Gen, W hose fault is that ?
had time enough.
Mr. llungtrjhrd, it is the fanlt of the rrobs»
Mr. Attorney ; the brief was not brought to
loe till eleven of the clock last night.
X. C, X rt was an omission ; they should
hare been taken off before he came to the bar«
Alt* Gen* There was direction giren for
their being taken off before ; how they cam*
not to be taken off, I cannot telL
X. C. X Are the irons taken off f
Gent, Jailor. Yes,
X. C. X Go on.
CL of the Cr, Heneage Norton, esq.
X. C. X You roust call over all the Jurr,
Mr, Hungerford, I thought they would ba
all called oier once, before any one is endea*
voiired to be sworn.
CI. of f he Cr, They hafe been called oret
already,
Mr. Hungerford, When P Not tince the
Court sate, I am sure. I would know whether
the intention is, that nil the pa nn el be called
over before any one of them is sworn, or that
the pannel is to be calleil orer but once, ijind the
jurymen sworn as they thru appear ? What I
have observed is, tne clerk calis over the
whole pannel first, to see how many appear ;
and then calls it over again, and swears them
as they answer to their names, if not chal-
lenged.
X> C. X W^hat you observe is whai bath
been done at the Old Bailey ; there they call
them over first ; and then they call them over
again, and as Uiey appear they are sworn pre-
sently. But by the course of the Court iiere
they are call^l OTer before the Court is silting,
aniTthey mark those that appear. That is not
sufficient; but they are called over figain in
court, and then their apnearunce and non-ap-
peanirice being marked, they do call lliose ever
again that did appear ; and as one appears, if
there is no ohjeetmn to htm, he must be sworn.
Mr. Hungfrford. 1 have observed them to be
called over when nobody is by, in civil casest;
hut in such a case as thta, a case of high-trea-
son, where peremptory challenge is allowed^
it is some guide to the prisoner tn making bis
challenges, to know bclore-hand who du and
who do not appear.
Mr. Keielbey, My lord, with submission, ta
all criminal caises, there is no other method
than calling over the pannet according as it is
transmitted mto court. It is probable several
of the jurors who did not appear at I heir being
called over before the sitting of tlie Court will
now appear ; and therefore what we pray is,
that the whole pannel may be now called over
in the order as it stands, not tmty those who
answered to tbe Hrst call, but those also who
then made default.
Att. Cen. 1 can't imagine what Ihey mean.
X. C X Thin debate arises from not under-
standing one another : You have the direction
fd* tlie Court ; the pan net is to be called ojer«
if any man doth not appear, bis default is
marked and rcc^irded. IVheu aav ane doiU
K
9 GEORGE I.
Trial of Christopher Layer,
cm
I
I
tppear, tod be is ool cballeog^, h« if t(» be
Mr. Ketelhey* T came tbrouf^h the ball jutt
DOWf and there is lucb m crowd that it is alnrMivt
impocsibte for any one to bear wheo Ibey are
FrUoner. My lord, 1 hope they thall be once
called over i^^forc they come to be twcirn ; for
•a to tbeir bem|r culled before, that was before
I came ; it will spend but a little ttine to read
Of er forty or fitly names.
L, C. X Call them over. J would not deny
MY thing that is desired in reaaoo by or on the
prtsoaer'a behalf; consider what yoti are
doiDg; the prisoner hath bad a copy of the
paimei, he hath exumiDed it, and considered
who are proper for bim to challentje peremp-
torily» and be Lath considered who they are
that he may cballeoge with cause.
I eanuot imagine \ it ivos never done in tbia
world i We have asked our officer : They
ought to call over all tlie pannel ; but if they
do not appear^ their default is marked ; if they
do appear, the prisonei' knows whether he likes
them or not*
Therefore, when they come to tlie bar, if
not challenged Uiey must be sworn.
Consider what this demand is : we shall be
An hour calling them over the flrHt time, that it
may appear to the prisoner whether they ap-
pear or not ; then afterwards you are to call
tbem over again, and to have them brouq:ht itp
Again when they come to be sworn. But tf it
ever hath been done, it js fit it should be done
now ; but our officer tells us it never was
done, and why Bhoold you insiHt upon it now ;
you have had all the indulgence the law allows
yon.
Prtiower, I have not had a copy of the
pannel above two days be (ore. Here hath been
in this cause nil the vile practices —
L, C /. You must keep within due and
proper bfioods. You are come now to be tried
for an offence you are charged withal ; but you
•re not to an'aign and challenge every body
^se ; you have no right to do it. If in proper
time it appears you have been ill used, the
Court will do you justice, and [finish tbose
Ibat have been guilty of any misbehaviour.
Serj. Pengetiy, My lord, if they liave any
objection to the jury, they are to challenge
^Ihem peremptorily, wben the jury cx^me to Be
iworu. Then is their liiDe; they are not to
ntprtain the Court with speeches before.
L. C. J* No, it is not pro^^r. — Consider
bow unreasonable it is lor the prisoner
.to arraign Bumebody^s iiiisbebaviour witk-
lint namiog him. But in this method he is
infkiniuiting objections, %rhtcb we cannot era-
J mine whether they are true or false, on purpose
|to captivate |>eople *» and, it ulay be, mialead
bem in tite trial of the cause.
Mr. Ketelbe^^ As I came in, 1 observed that
|sU the avenues to tlie Court are barricadoed
ftp, and only a narrow place lef\ ou the stone
eps, and a guard kept there to keep out wboin
tbey da not tbiuk fit to lei in.
Att* Gen* 1 know nothing of it ; and I daft
say Dobodv will give ^aoy countenance to bin«
dering either jury- men or witnesses ooniiQg
into court, when their Attendance is lequtrM
here.
Mr. KeUlhfy, I bad much ado to get la
myself.
X. C. X There shall be due care taken, ibM
any of the jury that appear, wc will order wmy
to oe made for them.
Mr. Hungcrjord. My lord, I will lake up
but very little of your time in this matter ; J
find 1 was not understood before ; that which I
contend for is, that the pannel be read tlirougd
once in tbe prisoner's preaeucei to see wliat
jurymen appear, before any j ury naiii ti
sworn. Tbe prisoner hath a right to challtig^
thii'ty-five peremptorily, (»r without aasi^;iiaB^
any cause at all Now, my lord, this i« »
favour, an indulgence granted to bim by hitr,
and he is themfore entitled to it iu justice. II
is of great use to the prisoner, in order to eojoj
tbe true benefit of this iodulgence that the law
gives bim, that bf knows who doth and who
doth not appear ; for this reason perbajis^ if
be did know that such an one appears he will
take bim^ and tf he knows that such an one
appears be will challenge him. And if he
know that such an one, who perhaps staoda
low in the pannel, and of whom he has a good
opinion for being an honest tiian, will appear,
he will challenge as many as be can of ttie
preceding |)ersons, iu order to have him, thai
honest man, of his jury. And as tn the time
the reading of the pannel will take us, (though
by the way it might have been over by this
tiTne) I am sure your lordship and the Cimrl
will not regard what proportion of i)m«* vOO
f parp us, to let the prisoner enjoy the beiieffl of
tlie law iu this case, and to have a full n)joy.
ment of the indidgeuce of the act of parliament
in its full latituile, that lie m:ty know and jutjge
(as far as the law liath euabletl him,) u ho is to
pass upon him as Iu his life and death. I l»rg
therefore, my lord, tbiit the whole pannel may
be called over once before the prisoner ia put
to challenge.
Fntoner, My lord, what we humbly move
for is what is every day done at tbe Old-Badey,
that they may be once called over,* All
1 desire is what ia done there, and by tbe
same reason ought to be done here in the tmk^
case where a man's hfe it concerned. I
humbly move it that they may be called of er.
L. C. J. We shall grudge no lime to do tbt
king and you jiutice. It is dangerous to nia|c«
a precedent, an innovation: But if you deair*
it, I do not fiud tbe king's counsel object to Ik
[Call over the Pannel.]
\''ou do not expect all should be brongbl into
courts but only to know if they do appear ?
Mr. Hun^etford and Mr. Kdetbtv. No, ao,
L.CJ, Tfie prisoner hatha solicitor; let
^ See Leach's Hawkins's Plena oftbeCrOiTD,
book 2, c. iO, § 4.
155] for High Treoiom.
tttatkody If* dnwn npofi the stepi, the soli-
cite hm fimeut, anr| tlii^ii liv will hear who do
md wtHi flo i>f*l mfifiear.
Mr. Hungrrford, Wc humbly thank your
ihi» is a real imluli^ence, and w
ttl^ ibiuik your lurdnlMp i\»r it
. if the Cr. calls over the whole paonel.]
To« the nrisoner at the bar, these men^
Mr. iiUihey. If yaor lordship fleaKes to
ay «i the suUciior comes ta, because be
l^milatf to observe wbodld appear, and who
A. D. 1722.
[134
MtaMienr,
L^dteCr
Henenge Norton, Have you
i year freehold and copyhold in
of Essex?
I have no freehold,^ only copyhold.
flea be was set anide.]
Mb \% ilka* [Asked the same questioo^ai
^ntali tb« others who appearfd, before they
veeoiber eballeii^'ed or aw urn.]
^hmmtr. I challenge hiro.
CLfiUCr. MatkFroit.
iViwiier« I chatlenge bim.
C2L tflkt Cr, Thomas Clarke*
Jiissmii. I do not cfaslleD^ birn.
Criir. Tbofnaa Clarke. [Sworn*]
CLtftkeCr. Heory Longbotbain,
FHttmer, I say» i tbink his oaroe is wrong
. Urn Oeun We are not now upon exceptions
iv asia*s|}dliDg^. If his uame is written as he
k SMiUy cftlJed, it is ri^ht.
Fritmer, He says his oame is witb an ^,
ud il IS wrviteo here with an d.-f
JL C J* Doth the copy delivered to you
I with the panneJ f if il doth, as long ae it
t the sanne sound it will do*
Frimnrr, With bumble subniissioo in the
ate of Francia there it was allowed.
Mr* Hunger ford. My lord, it is not the same
vsutid, LoQgbotham and I/>n|(l>othom, and in
Pkaiko«*a ciise the differetice of a letter was
iiawrii to be a good excentiun.
L, C, J- You are by Ia»v to have a copy of
the paoQel delivered to you i if that pannel
tirica from the other, it is a just exception ;
laiif you object aofaiost a jury-roao because
lisiMifie i« not rigbt spelts and that baib the
MBe protitmciation, and be may be called
Wmn^meM ooe mad iometioaes anotlier, it ti
iHUcOOIIffll*
Kr. Ketelbcy. My lord^ as to this objedioii,
V'Uif^r the Longfootbftui ia rt^ht, or the
Ii<H^lii»iP^ wbetber it is with ao a or
ttef
CLmfUkeCr, You mistake, it is Loogbo^
iBoi« «iid not Lnn^bothom.
The last should be an o laalead of
IP m, fjMiehotbam f
LC^ Therefore i
! we will ask the fj^entle-
bow his name is usually pronounced,
• »fc Lw^b'a Hawkins's Fleas of the Crown,
lioki^e. 43, § 19.
i 9m £«ii'i Pl<fl« of the CrowD, cb. 2, | 50.
whether it is not pronounced sometimes Long-
bothoni as well as Lon^Uothain ?
Lon^iothonu Ye$, my li>rd^ it is*
Prii, He tmyn be spclb bis name with an O^
and here it is with an a,
Longboihum. I always spell my natne with
an o, but my k tiers are generally directed to
me with au a*
Mr Hungtrford. He hath a copy of \\m
pannel debveied him by virtue of the act of
narliitineiit ; if the c^»]»y (>e not a true copy, it
14 nut right accordiug to the directioa of
the act.
L, C. X Right
Mr. Uufigerford, Now the pannel which
the pribuner htiili is Kpell with mi a^ and the
pannel of which this is a pretended copy, is^ I
take it, spelt with an o,
Ci. (if the Cr, Nn, they arc both spelt alike*
L, C. J. You know ii, gent)eifieo,asweU aa
can be. Don't let us spend time where th«re
is Aotbing in it ; we will bear what is prosier
fur our coustderatioo,— SupiKise a man is called
and writ someliroes Longoothom, and soiQe^
times Ijougbtrthtin ; anti suppose he was cabled
by either of these names, may he not therefore
be called by one as well as the other ? Is that
an object! ou to say he writ with au o, but
people write to him with an a 1^ There is uo*
thing at all iu it*
Prisoner. Then I challenge him*
CL of the Cr. Isaac Buxtoo.
Fritoncr. I challeugc him.
CI, of the Cr. Kicbiiid Scot.
Frisoner, I ch a 1 1 enge hi m .
Cl. of the Cr, Jubn Wormlaylou.
Prisoner. I challenge him.
CL of the Cr, John Andrews.
Friioner, I don't challenge him*
At I. Gen. 1 challent^e him for ibe king,
Cl, of the Cr. Thomus Waterbouse, Htepheil
Huff, John Thorowgood, Christopbtr Baily*
Cbailengcd by tlie prisoner*
C/^' Me Cr. Isaac Patter. (Sworn.)
CL of the Cr. William Lord*
Friioner* I challenge bim»
CL rfthe Cr, Heeekiab Hay nee. (fSwam.)
CL of the Cr, Ttiomas Hecklordy jun.
Prisoner, I ehallenge him,
CL rftheCr, Rtchard Wajjlett.
PriMoner. 1 don*t challenge him.
Ati. Gen, T challenge him for tlie king.
Mr. Keteibetf. Mr. Attorney is pleased to
challenge him tor the king ;' we bumbly io-
eist on it, that Mr. Attorney is to shew bii
cause of challenge immediately, t own it
has been otherwise in one or two late in-
stance* ; but I submit it, if that practice sliould
prevail, whether the act of pari iu men! made
on tliat occasion would not be in etlVc-t thereby
abrogated, the act is the 33 Edw. I, and the
words of it are : ** If they thai sue for the
king will challenge any* juror, they shall
assign of their challenge a catrse certain, and
the truth of the same shall be iu<|uired of ac-
cording t4> the custom of the Court,** Now,
my k»rd, 1 beg leave to obeerve, upon thta
155]
9 GEORGE L
Trial nfChrutopher Layer^
[136
■ pwinel there are a httadretl and cwld persons ; \ the king or the prisoner challenge liim, they
if Mr. Attorney is not obligfed to shew his mav do it before he lav his hand op the book*
I
I
I
if Mr. Attorney is not obligfed to shew bis
fjauseoPcbaMeuge, when he challenges for the
kiii^i till all the pannel is je^onc through, this
act of (larhament will be of no Talidity what-
•clever* If there bad been but a few returned
(^It or such a nunil>er) then there mlg^bt hav«
iHsensorne colour for gx)iug^ through the panuel
before ibcre was any cause assigned for the
challcofje ; but since this modern practice has
obtained to make so numerous a paunel, if
tbey are not obliged to shew cauie till the
pnnnel is gone through, that law is entirely a
tie ad letter, and of no siguiticancy.
X, C, /. You know your objection is of no
falidiiy ; you cite an act of parliament, and
you know the constaot practice is againnt you.
Just. Eyre. Though the counsel for the
king mustassigo their cause of challenge, yet
they are not obliged to do it till the panuel ii
gone through, and the Jury-men returned^
who are not challenged, are all sworn : this is
m rule laid down in Hale's Pleas of the Crowo,
and has been always the coostant practice in
cases of this kind.
Mr. Hungtrford* What your lordship di-
rect^ ia the last case is certainly precedented ;
but I would propose it as a convenience that
tlie Attorney t*bonld, as he is every %*ays en-
titled, hare the precedence, and might chal*
leuge tirst, and tnen we will determine after
Jiim.
if C. J. No, we must not do that,
C/. o/'(AcCr. John Lowry. (Sworn.)
CL (rfthc Cr. John How. Set aside for want
of freeliold.
CL Qj'ihc Cr, Tbomaa PratL (Sworn.)
CL of the Cr. Richard Rogers*
Prisoner. 1 dtvn*t challenge him.
AU> Gen. J challenge him for the king,
a. of the Cr. Edward Pleraon, Thomia
Bland, William Spiiltimber, Ale.xander Weller,
Thomas lland^ John English, Joseph Unwin,
Ceorge Fry©, Challenged by the prisoner.
CL if the Cr. Weston Stileman,
PrU&Htr, 1 don*t challenge him.
Alt. Gen. I challenge him for the king.
CL of the Cr. John Crush,
PriiOfter, I donH challenge liim«
Ait. Gen. 1 challenge him for the king.
CLoftheCr. Thumas Howlett.
Prisoner. I challenge him.
Serj. Pengelty. I douH know this meiliod of
woceeding: if\he prisoner makes anychal-
lenge, it must be before he comes to the book
io be sworn *, but when he comes to lay his
hand utiou the book, be is too late to chal-
lenge I lien,
Prutoner. Whenever I make a full stop and
doD*t say I challenge, you do.
Att. Gen. My lord, the prisoner is to declare
whether he challenges or not ; afterwards the
kiiig*s counsel are to declare whether they
chiilleop^e for the king, and the juryman is not
to put his hand on the book till then.
X. C. J. He ought uot to put his hand on
Ibe boiik till be is allowtd a jur^ ibed ; that if
may do it before he lay his hand on the boolu
CL qfthe Cr. Joseph Capon*
Prisoner. I don^t challenge him.
Alt* Gen. I challenge him for the king.
Wr. Hunger ford. More have been chal-
lenged for the king, than hath been known i
any public trial in my remembrance.
Ait. Gen. 1 am surprized at this observt
tion, when the king has an undoubted right i
challenging whom he pleases, v^ithout shawL
cause till the panuel is gone through.
L. C. J* It is always done.
CL of the Cr. John Clarke.
Prisoner. I challenge him.
CL tfthe Cr, William Chandler,
for want of freehold.
CL of the Cr. William Burrows.
Prisoner. I challenge him.
CL of the Cr* Francis Aylelt, sen.
CL of the Cr* George Bailey. Johnl
Thomas Ruggle. Challenged by the pr
(The prisoner spoke to the juryman.)
SqL Gen* My lord, it hath Wen intimatedl
the prisoner once already, that he ougbl
propose his questions to the Court.
X. C. J. You are to ask no cjueslions you
self, if you will tell us the question, we '
propose it.
Prisoner, Only lo know how he spelb
name.
C/. of the Cr. William May, Abraham
Challenged by the prisoner.
Mr, llangerjord. My lord, it will be of «
little use to know for certainty how many I
hath challenged \ they differ here in the coa
putalion.
CLofiheCr, He hath challenged 28
remptorily,
CLofthe Cr. Nathaniel Wessley.
Prtwner. I don't challenge him.
Att. Gen. 1 challeDge him for the king.
CL of the Cr, Benjamin Rutland.
Prisoner. My lord, I desire he may hm
asked uhelher he doth not farm somethbg
under the king, or on the forests
L. C. J. U it was of any service to j^ou it
should be done ; but if it is so^ ii m no ob-
jection.
Mr. Kctelbet/. The objection was once made
in the case of sir William Perkins. It was re*
commended to tlie kin^E^s counaeK
X. G. J. I deny it. It was not recomniended
to the king^s counstj], but the king's counsel
did not insist upon it.
Just. Fartescue Aland. The Court in thai
case gave their opinion, that to be a servant to
the kmg is no good cause of challeugc, and
my lord chief justice Holt and Trehy werw
present, and Mr. Attorney- General did not in*
sist on the juryman so cliallenged, but wavea
the matter without any recommendation of
the Court,
Mr, Kctelbet/. I know no other ways, than
if Mr. Auoniey will do it, as it was done in
that case.
Mt* Ofii« 1 know nothing of tba fact.
for High Treason.
X, C X Wlmt do you do, do you cliatJeo^
hm or mo f-^FHumtr, I ctialleoge him.
CL 4>ftke Cr. Afeacaoder Marshall, Thomas
Mkr. CKftlleoffed by the prisoner.
CL mf the Cr. John Blitli<^ande.
^ Mr. Hmm^trf<yrd, My lord, he is searching
* ' m p«|iir » he challetiij^es him for cause.
My lord, what I have to offer, is,
Mr* Milhgraude hath been heard to
be came here, that I ought to be
D«t J apprehend that is good cause
png him^ if 1 make it out,
David Martin called.
Yon thaJl true answer make^ Sec*
Hnn^trford. Do you know Mr. Milti-
r^ — Afcrttn, Yes.
Uuagerfi>rd, >Vhat hate you heard him
\ oocicerning the prisoner at the bar ?
Hvtn. 1 beard him io conversation say,
tell bf^ped he should be banned, for he
kieurf be was g'uilty.
ifr* H^tngtrford. Tbi« objection sure is
tj|^ f Mr. fttdtifrande was not sworn.]
ay i&c Cr, Robert Walker.
ffiimtr* I challenge him.
CLjafike Cr. William Nicholson. (Sworn.)
* * Bly lord, 1 have very near all my
I tbiok they may go on as they are
Mr. Attorney will challenge uo more.
Ait* Gen, You may go on your own way,
1 fWI ifialte oo barga ms wit h y o u .
Mr. Kttftity, We do not offer any bargain,
b«l osW an eiuedient to save the time of ihe
Id. ^lAe Cr. Nicholas Freeman.
J*ri$oner. 1 challenge him.
CLvfihtCr, Christopher Hill. (Sworn.)
Cr. €f the Cr. Stephen Wood.
Prmntr, I thiok I hafe done ftU my
cMlaifM
CL if l4< Cr, You ha?e two more.
Prmmer, Let them lake them then as they
r
Att* Gen, 1 challenge him for the king,
O. of (h€ Cr. RichanI Bridge.
^rimn^r, 1 cballeoge him.
Si set ftjiide by consent, by
CL oftL Cr. Robert Barnartl (Sworn.)
CAW'fArCr. Leonard Beti net.
himmtr, I do not challenge him.
Aii Gtn, 1 cbdlenge him tor Ibe king.
GifflAeCr. WitliamSandford.
fhiuner. My lord, 1 have the same objection
Ute fjcfitlemau as to rhe other; he hath de-
lipid hb opinion t»efore-hanil^ and that he must
mkit a ftacrttice of me,
L, C. X Coll your witness*
Mr. Martin sworn,
*^ "^uthty. Mr, Martin, do you know
^iinduird of Rumford ?
^i Hare you had any|iliscotirse
witli M..I* ^.nM.i the prisiiner at the bar?
M&nm. He iaid» before he was summoned
A. D. Vm.
on the jury, that if be was one of the jury he
would \w; for hanging of him. (Set a^iide.)
Ci, of the Cr, Thomas Waters.
Prisoner, Sir, I apprehend I have challengt
thirty-tire.
CL of' the Cr. Y'ou have one more.
Prisoner, I will challciige no more, let them*
go on.
CL of the Cr, Tbomis Waters, Richard
Gray* (Sworn.)
William Whealley.
Mr. Hungerford, I hope that what I am
going to offer is proper. There is some little
doubt how fu he is gone in his challengea, it ia
said he hath one more, if the Court would in*
dulge 1)5 so far as to let the persons challenged
be called over.
CL of the Cr. It is impossible that we should
mistake.
Mr. Nuttier ford. You say he bath one more?
CLoftheCr, Yes.
CL of the Cr, William Wheatly, (Swora.J
Then the twelve Jurors who were swoni
were couuteil, aud their names were as follow^
viz.
Thomas Clarke, Wm. Nicholson, esq.
Isaac Potter, Christopher Hill,
Hezekiah Haynes, Robert Fiaruard,
John Lowry, Thouias Waters,
Thomas Pratt, Richard Gray,
Francis Ay I ett, William WheatJy.
a, rf the Cr, Cryer, make proclamation.
Cri/er, O Yes I If any one can inform, &c.
CLqftheCr, Christopher Layer, holdup
your hand. Gentlemen of the Jury, look U|»oq
the prisoner, and hearken to bis cause.
He stands indicied by the nanje of Chria-
topher Layer, late of the parish ol 8t. Andrew*!
Holhonn ui the county of IVliddlt^eic, esij. for
that hr» Sec, -Upuo this indittmeiit he h:ith
been lately arraigned, und titereunto hath
pleaded Not Guilty, aud for bin trial htttfi put
litmHetf upon God aud the cuuntry, i«hLch
country you are. Your charge is lu t^mjuire
whether he be guilty c4 thjH high treason, ia
maoner and form an he ^aiids indicted, nr not
guilty. If you find htm purity vuu »hidl
enquire uhat gotnts or chatl^K, lamU nr lene-
ments he had, ai the time uf ihe niiid hii^h*
treiison committed, or at an\ time nuice. If
you iiEid him not guilty, you shall ^riquire whe-
ther he tied lor it. If yon And thu( lit^ did t)y
for it, you shall enquire of his giwKls and
chatteh, as if you hud found him gitilty. If
you find him not guilty, ainl that he did notdj
for it, say so, and no mure, and hear your ert-
denee.
Mr. Wearg. May it please your lordship,
and yoii geoilemei* of ihe jury, this is an in»
dii-tmeut agaiusi the prisooer tor I ii[^ti* treason.
The itiilictmeut sets forth, that he being a stib-
jert of his present maji^sty king George, but
not having the fear of God in his heart, nor coo*
sidering ihe duty of hi»i allegiance, as a fiilse
traitor agaiust his supreme, tine, lawful, and
undoubted lord, co&lh^ib^ vcuWi^ V\^ ^Vgq^mX
M
of his power inteodiug io dian|^«, alter ind
SYibveit llie governtueat of ibis kiugdom, law-
fully at^fl happily established under his
pn^eiit iniijefity, and ta depose and deprife
Dki said iimje&ty of his title, honour, royal
estate atid Kfoveroineut of Ihit kingdom ; and
tp advaoce Io ihe crown and govern ment of this
realm, the person in the life of the late king
James «, pretended to be prince of ^Vales,
and after the decease of the said king James
pretending to be, and taking* upon himself the
atiie and titlt; of kin^; of Mn^laud^ by the uarue
of Jam^ 3, did upon the '25th da)r of August
in the ninth year of his present mnjesty ^8 rcjt^n,
lynd at several other days and titrtes, at Laytoo-
fitone^ in the county of Essex, falsely, nialici^
0U^ly, and traitorously^ compass, imagine* and
mlend to de|)oi(e our said sovereign lord king
George, from his litle, regal state and govern -
ment, sud the aoid king to kill and bring to
utter destrurtion.
The Indictment further sets forth, That be
the said Christopher Layer, to perfect and
bring to effect his treason and traitorous pur-
poses, on the said lj5th day of August, and at
aeveral other days and times, at Layton-8tone
aforesaid, together with di%ers other false
traitors, to the jury unknown, did falsely,
iDaliciously, and traitorously meet, consult,
conspire nnd agree, to move and stir up an in*
■urrectionand rehellion inthiis kingdom, against
our ssid sovereign lord the king.
The Indictment further sets forth. That he
the said Christopher Layer, to perfect and com-
plete his treason and traitoi'ous purposes, on the
siaid 25th of August, at Lay ton 8tone aforesaid,
with force and arms, did falsely, maliciously,
and traitorously publish a certain mshcrous,
teditiot^is, and traitorous writing, containing in
iLstlf, aud purporting to be, an exhortation and
promise of rewards to the subjects of his said
majesty, to persuade and ciccite them to take
up arms and levy war against our said sovereign
kinji: Cie«>rge.
The Indictment further sets forth, That the
aaid Christopher Layer, together with other
false traitors to the jury unknown, to complete
and bring to eflect his traitorous purposes, on
the kaid '25lh day of Auguit, at LBiyton-Stone
aforesaid, with force and arms, did falsely, ma-
liciously, and traitorously meet, consult, con-
spire and agree, to exsilt to the ciovvo and royal
dijgnity of this realm the person in the life of
the late king James 2nd, pretended lo be prince
of Wales, by means of an armed force and
troops of soldiers, fur that purpose to he raised
atui levied^
The Indictment further sets forth, That the
said Christoplier Layer, to perfect his said irea*
son, on the said ^6th day of August, at Lay too-
Stone aforesaid, maliciously and triilorously
did raise, levy and retain several men, to the
jury unknown, to lake up arms and levy war
within this kingdoiu, against our said sovereiga
lord the king*
That the said Chriatopher Layer, to perfect
Ut treaaotiaUie purpowa, od iIm aaid 36th day
Trial of Ckrittopher La^CTf
[440
of August at Lsyton-StoDC aforesaid, together
vi'ifli divers other false traitors, to the jury ua-
known, did falsely, maliciously and traitgrouajy
meet, conspire and agree, to take, seize, impri-
son and detain in custody the sacred person of
our said sovereign lord the king, against the
duty of his allegiance, against the p^ce of the
king, his crown and dignity, and against Iha
forra of the statute in that case made and pro-
videiK To thi» indictment the prisoner bath
pleaded, Mot Guilty.
Serj, PengtUif.^ May it please your lo
ship, and you ^ntlemen of tlie jury*; tbepd
soner at the bsr, Mr. Layer, comes now lo *
tried before you, for a wicked and de
conspiracy a^^inst the person of his inajaftj_
and u gainst hts gov eminent ; and this in favour
of an uttamtcd ond abjured Pretender j a Pre-
tender M'hom the prisoner Itimself has abjured
in words, and ought to have renounced iq hta
heart.
The indictment contains a charge of hic^b
treason against the prisoner at the bar, for
compasNing and intending the deposing iha
kin^, and also his denth and destruction.
The particiibr facts laid to prove this tral*
torous imagination and intent, and which
prisoner put in execuiiun, in order to bring I
effect his trt^asouahle purposes, are tive,
Tiie tirsl is ; thitt the prisoner, with olh
traitors, did consult, conspire and agree to i
a general insurrection and rebellion in this na*
tion against his majesty.
The next ; that he did publish a seditio
and tressonabte declaration, containhig inc'
ments, and promises of reward, whereby to a
cite and stir up his majesty^s subjects to la
up arms, and to levy war against his maje
within this realm.
And f-irther; that he, with other traitor
conspired, cousiutted and agreed by an armed
force, lo ei£ah, and bring the Pretender to hia
majtiiiy's crown, to the throne of these king-
doms, and put him into the possession ^f !&•
government thereof.
That he hath provided, levied, and retained
severul pensons to take up arms, and \m levy
war against his mnjesty within this kiiigdocB|
for the executing these traitorous purpoaea.
The last overt act alleged, and to finish ihii
conspiracy, is, that he, with the other traitors,
consuUed, conspired and agreed to seize upou,
and to imprison the sacrea person of hhi ma'
jesty.
Gentlemen, it ts unne^^euary, when thete
facts are opened to you, to acquaint yoo, thai
an attempt of this nature, if it had auoceede«|,
would have been the subversion of the preseot
happy establish men t, aud the Protestant suc^
cession, so otleu cotitirmed by the consent of
Ihe whole nation, and the only security of your
religious and civil rights anil liberties ; they
would all have been exposed to the arbitrary
^ 8aiif to b« Datura) loa to A, CromwaU.
See Nobl«.
p«««r of « P6p!sb f«eiion» uoder llm tyraknn j
ofii»«FreA0iitl«r.
Gmilttiicn, hariiii^ said this to sUew the nn*
Iveif tite odfcDce; we (who m^ counsel tar
liifl^eftlT) fball priK^eeil to lay lielore youlbe
■irlkttUr tiuknoe itgtiiust llie |>rii$oQer allhe
lar: f»i4tlemrij, we have l»een bo fortunate at
tidjiwier, snti shnll |irodiice beture you, the
f«f} plifi ilself upon ubich these conspiratort
" dt »nd Hhicb was to be put in execu*
A. D. 17«.
[14f
t ib»ll pr4)()uce the plan under tl)e pri-
I band-writtnf^, and $Ucw hiti acting
ret to that plan, and in the €xecii-
ihis plan i* a complete srhcrnt* of
it« ftisiurrectiou, ifUiat may be called
! wbicli tends to utter destruction ; lor
rarf»r«] parts therein contained tiad been
it would bare been a total oveiium-
[ government and consiiiuiioo.
\ yc4i may obserre a regularity going
/t tlt« w bole acheroe.
Tic pUce f>r action^ and the scene whera
Hncttuspincy was first to be put in executiou,
Via n tilt; city of Loudon, anil though in the
fligi imclf I he d»y is not mentioned, yet we
iImU ahew to yun^ by the prisoner^H own
initrmtwa *ad disicovery, the time when it
m !• be executtnl ; it was at the breaking
«p ut the camp of his majesty '« fbrcei iti Hyde
GtfVtl^nieti, the plan contains a disposilloti nl
mcfsl oliifer«, who were appointed to their
fMrtirolar itations, and »ere to be suppheil
Vttii itofii drained to be procured for the cjte
i«f tfiispUn; and, as the conspirators
[ tu ilebiiiich tuirt of the army, these i»ffi>
to be diHposetl at several places, to
vrlbe private men, who, to the number of
at 1K>0 (towards the evening of the day
ii|«oii for execution^ were to go singly
ta «if tlie Cttmp, wilhf»nt their arms, that they
■melit Ri4»fe eauily p»i»$ witltout ohservaiiou,
Md we«« to be cofkcttd together at a place of
Madcjifocta appointed tbem.
Grsdemrn, \i\^\\\ the management of the
rantpifry, and the method ibey had taken to
KfryitiitttAti*' the bope« they had entertained,
4i QtQspMlora concluded, they should have
te nWMIsr nf SOO men ready in one body, to
liciinioasdetl by pro|»Fr officers^ to make the
Im attefnpt, and the hrst stand*
IiiIms place of rendezvdut tltey were to be
imCetl witb tDuaketi ready loaded, and to re*
iaiitl»eir arms, which were to be distributed
tolifai It tittle before the hour of nine; at
ailkii b^ar exactly* they were to m&rcb di-
iMlj to lite Tower of l^todon, (as the plan
papoaea* and as the prisoner agreed and de-
f^K^) w bere tbey might ex|ie<:t to be admittei],
ki die help and aasistancc of their friend, the
tfcctf ttfofi the guard ; and as aoon a.^ they
bii CBit«rrd, tbey were to shut op the Tower-
fttaa, and seize the arms,
Hitir ^oeral waa to make bts statid in par-
^m at the Itoyal Exchange ; at tbe snoe time,
Ilia^avclBd by the plan, aod was consiHted
upon, and agreed by the prisoner himself, tbey
were to attempt to arreat the persona of several
great men ; and although the plan doth nni
name the pen»oDS, yet the prisoner hatb ex-
plaioed it fully, and from bia ovvn mouth w«
shall prove, who the particular persons are^
thus intended to be seized,
A declaration was to be dispersed to exeito
people to come in to the rebels ; the gates of
the city of London were to be shut up, and
cannon brought down against them : they were
then lo set a guard over the Bank \ but in the
ftn»t place, they were to take out money »u<H-
eient to pay their men, such as they hoped
would appear in their intt reist : their several
other parties were to secure the artillery in the
camp, the guns in the Privy Garden, the can-
non and ommunition near the Horse Guards ip
St. James's Fark.
These were the first operations ; hut to fi-
nish this villftinims aod execrable design, at
the time the Tower was sdzcd, and the city in
arms, they were to send a detachment to seiza
the person of his majesty ; and this ibey ex-
pressed in their plan to l>e, for the securing hit
person from the mob> But our king was to bt
delivered to iheir general at the Tower, and to
be put under his custody. 71ius the life of bia
majesty was to be in their power*
After this, there are several other disposition
of officers, and other persons, in order to excite
and carry on the rebel Uun : some were to ap-
pear in Tothill fields, some in Southwark, who
w«?re to give arms lo the Minters ; some at
Greenwich to engage the watermen, and seize
the magd2tne and powder there, and others at
other pfaci^s.
Gentlemen, you will find in this plan a pre-
paration to make an entiri:' coni^uest of the ci-
ties of London and Wcstminsler ; upon which
the conspirators hoped the rest of tht kingdom
H ouM declare lor the Pretender : au^ there it
one particular provision in the plan, ihatastliey
proceeded here, and found success, the general
should immediately dispatch messengers into
the several counties of England, to gire intelli-
gence of their progress, and to persuade those,
who they looked upon to be in tUeir interest, to
declare lor the Pretender, and to rise in their
resjieciive counties with their adherents.
This is the plan upon which tlie conspiracy
is carried on ; and as we shall produce this
plan, which the prisoner hath supplied himself
with, and written with his own hand, we b^
leave to insist upon that, as strong evidenos
against the prisoner, upon the overt acta al*
leged in the indictment, of his consulting and
conspiring to raise a rebellion aod insurrection
in the nation^ and to seize the kiug^H person*
Gentlemen, upon this plan, which the prise*
uer at the bar bad thus furnished himself witb|
you will iind, on the examination of our wit-
nesses, I hat he constantly acted ; he declared
for, and promoted the execution of the princi-
pal parts of it.
Sentleuien, the witnesses we shall call who
were engaged with the prisauec «.i Kb^W, Vt^
n
^
14S] 0 GEORGE L
till (lesi^, are Stf pben Lynch and Blattliew
lunkett ; (which tast had been a serjeant id
lie army) with wrbom the prisoner consulted,
Dd whom he en^n^fed in this desperate at-
tempt ; and we shall call some other witnesses
to eon firm several circumstances iu their evi-
dence*
Mp, Lynch is a person the prisoner might
have reasonable hopes of engaging in this ser-
Tice: he hfid been ionnerly acqiiniiiled wiiU
F i»ne Dr, Murphey, who (1 am instructed) was
" I the rebellion that broke ont in the bepuning
Df his majesty *s reign : Mr. Lynch bavintj
been ahread, and absent for some time* relumed
into Euirland in April last: upon bis return,
I^Dr Murpheyi bis old aoquainlancef meets with
liim, bids him welcome to England^ and teHs
bim that an afl'air was going* on by which be
f mig^bt make his fortune, and advises bim not
' » gi> out of Cni^land : that there was an inten<
on to rise iu favour of the Pretender, whoq^
: called his king', and he would Uke care to
commend Mr. Lynch to a person w bo bad a
great part in tliat afFair,
Mr Lynch having suffered before, and run
A great hazard, was un^ illing imtuedtately to
enter into any engagement, but proposed, that
if be could have sufficient encouragement, and
what he expecte<l as a reward, he should be
rilling to stay. Some time after Dr. Murphey
btroduces Lynch to the prisoner at the bar:
^^he first time they met, I think it was the be-
ginning of June last, they went tu the prisoner's
lodgiug^s, which were (hen at the upper eud of
ChaQcery>lane* and he being about to remove
his g^oods, desired them to go to a tavero, hard
by, the Griffin tavern in Molborn. To this
place the prisoner at tbe bar came, where Dr.
Murphey presented Lynch to 51 r. Layer, as the
gentleman Dr. Murphey had before recom-
mended to him ; Mr. Lqyer received Mr. Lynch
at that time with great civility, and tells him,
that the recommendation he bad received of
Lynch from Dr. Murphey, made him not to
doubt of his integrity and ability, Tiien they
entered upon a consullalion as to tbe carrying
on of this design ; Mr. Ijayer intruduced it with
representing^ un uneasiness iu the nation in ge-
neral, and how fair an opporiuuiiy there was to
bring atiout a revolution : But Mr. Layer telU
bim, that ou« of the first and principal steps
was to seize upon a general, or other great
nan (which you will obierve is one part of Ibe
scheme) and upon Dr. Murphey'srccommea-
datioii of htm as a fit man tor that service, Layer
proposes to Lynch to undertake it. At this
time Lynch acquainted Layer with tbe difti-
cultitfs be bad been in, and that an affair of this
nature would take up some time before it could
hi put in execution, and he could not well eu-
»|[a^ in it without some further encouragement,
*Bna a reward in money* in (uiJer that be might
live easy and well while he Riaid tufre. Upon
that, the prisoner at ttie bar nromiscd bim sup*
plies of money fur his kubsii-itenoe ukI ei-
penoes, what should be ne«e:£sary, besiitts fu-
tttrartwardsf and in parsuaaoe Qf that pro*
Trial of Chriito^her La^er,
[144
mise, Layer hnlb aeveral times ^
Lynch with money. In engage bim iv;
fectually in this di-sign, and to snpjwni
it. , By these assurances Lynch was \*\
upon, and then agreed to enter into tl
spiraey, and to take upon bim tbe pait l
that should lie siguitied If) liim.
Gentlemen, the prisoner did not theo
a full discovery of the person that was U^ be
seizeii ; but they were to meet aguin, ms tiiet
did, about the latter end of June, at thr
tavern : There the prisoner discloseil
witness the particular person who was*le ^ . i
til be first sseizetl. He acquaints the m ui ;,
that the person be (the prisoner) tn'^.'-" ' .::
their fur me r meeting, and whom 1
the wimess should seize, is the get
army, tbe i!arl Cadogan ; and I
fintl out such other persons as hv
U|x»o, for the assisting in, and elfecUng tlwl
terprize; wbereunto Lynch agreed. Lai
then acquainted bim what steps wert5 al
made in the conspiracy, and that ihcy were*
be beaded and commanded by a general,
had wit, and courage aud resolution, and who
were supported by a great many friends, wb»
had lull power aud authority from the l*re>
tender (whom he called king) to act, and who
was inti ufited with a commission as his general^
and whose orders Lynch was to obey.
The prisoner and Lynch bad several other
meetings, some at the Griffin tavern, and ''< '>'^^-
at the prisoner's own house in Old Soatha
buildings, where the prisoner ulwny
couraged Lynch to persist in tbe undertaking^
by assuring bim that al) things went on well,
and that the design was so well laid,
could not probaldy miscarry : That ihey -
be assisted by a great many officers, as soi^n m
any motion was made, and ihat the commoii
soidiers would declare upon ihc first opportu-
nity : and being asked by Lynch, whether
they had no foreign assistance lo depend on ?
The prisoner answered, when we h^m tbe
business, we shall not want relief, if requisite.
At one of these meeiiiigs the prisoner reveaM
to tbe witness, that, upon llie rising, the Tower
would be delivered up lo them, by means of aa
of beer who ivas to he upon the guard tht*i'e no
the day of execution ; and thai the peojde to
the Mint in 8outliwark would come in to ibem i
who, and all others that shoulil repair to ibeir
party, should have arms delivered to them;
And that the whole design should be put in exe«
ciiiion at the breaking up of the camp, which
wouFd be the most proper time for the ^peak*
tug wiiu the soldiers in ihe army.
J Jut at a meeting they had, some time in
Augm«t, attlie Queen's head tavern in Great
Uueen-street, near Lincoln's in n-fields, Lynch^
complaining of tbe delay in putting theiV de-
sign in execution, and repreBeuling tbe danger
ot'it, and withal presiiing to kn^iw his intf^naed
general and cotmnander, the t^risoner gave him
great encouragement, from the good prospect
of their afFsirs, and tbe vigilance of tbe noble*
man at the belm, who would loae no oppor*
m eonrenietit time should offer ;
fTMoml i1 ' ti h« BhoulU lie
' lo i! I in due time,
Lvtii^.j su«unu if-ueive his orders,
iofi ibr execution bii part, and
tffto^ ti|»oti hilt enterprise,
And mcenfiimg^y , ijjmiu the Silh itay of
;»!« Mr. Lnyrf ioTites L)'tH;h to vide out
¥1 nil turn tUe next diiy to take tlie air»
fMiL^f^rii compiled wiUi ; and un the 2Mh !
ml in the oiuruiiiKi Lynch iveot lo the I
'» iHHise, who o|i{toijiieii Lyuih to go
and in Kjjv Wiihi*ut AJdifate.
lliAt 11111 e ihr I lisiioer Ubked the vriluesF,
Ue mounted Willi furniture or (listols ;
errd that he did not, but that i)e had
Imirel IbvvUng^ piert, which the pri-
iLOt might carry ; the prisoner di-
biiii to ijt-t \m piece ready luadeu, he-
ttatbe (I^iyer) shoiitd carry somethiu^ with
li^ ubicli be would not lose i'oi all tlie world.
tpKbMnl ibe pnsoDcr met without Atdgateat
II Mn tuomtf and the pris^otier's servaot car-
mi tbe t^HOt aod they rode loj^tber towards
^tt**^ ^> Essex y which waa the place they
^ R gof ti9 to.
l^|Nm tbe wty tts they firoceeded, Mr. Layer
M ibe witftess, Ibut they were ^oio^ to \he
laaiL of th** lord Noilh aod Grey, where lie
' II to iiiH tonlship as a par*
^ (tiie prisoner's.) W hpn
II*' V tu-mt lo ihe oieeo-Q^oo at Layion-aione,
it tbe entrance upon E]i|niig-ruresi, the pri-
liKrBttltit ftitgfht he bciit to eat something
i|v»« bec^niiie they shouhl he too late for the
bnl North aod Uiex'^a dinner ; and accord'
bf ly Ihey siopt at tUis house to dioe.
GrIiif^m*'ll. yoii will hear from ihe witness
t^l Me, the prisoner and Lynch had
aaatii ! ' atioo, whereio there was a repc-
■od oouiiriiiatiiooof the whole de^tign and
guracT. At this Green man, in yourcoim-
ty, Geotremeo, you will find every principal
^rt iff tlie conspiracy, which \>as to \m e.\e-
raltd, copaiitted upooi and agreed unto by
L tbem liDtii : The iitoe and manner of the in-
kMBKOliiiO, the prepuralioos inakii>^ for it, the
^HaiiMiee lo be provided and expected from
^^^bariuy, from oiaoy in the city of London,
' tii from the generahty of the nation, as was
%ta ma^f^ted ; the sei^fiog the earl of CJado-
pB aa tlie first step, and the surprising the
jwmvr m «hfi mnnn«.r mentioned in the plan,
W^ b« ' 'fioer upon the guard; aud
M tbry ^ <t to coosidpr and approve
llf matt dartn^ aod execrable part f>f the plan^
l« ibeD exprestsly repeated by the pri-
, cte makiog a itroiig detachment to seize
m bis Diajesty'a (lefson.
TIae ^rtftoiier then declared his great Fatis-
fctiboo, in havtngf engafred a per»oii of sucli
WMif««> ' ^ t AH Mr. Ly nebcin the at-
lBB|it'0f earl Cudognn «y aod like*
•iiKB«lt>ra iij' ' ther greMinar), hinted
•I b fb# icb» ; 0 persons were to he
^^ nanl, ttiiil of viMi>..t ma^ imd made up hi^col-
^B iBdiw tt ftmuatkce of ibe olaii » ami then ex«
preafied his wtsliea lO to brtog matters to bear»
that dir. Lynch miifht likewise have the sole
direction in apprehending the per^onti of some
of bis majesty's ministers, the lords Townsheod
and Carteret, his majesty ^sprincifialaecrel a ries
of state, and Mr. VVaJpoIe, first lord commis-
sioner of the treasury.
These iiemons, moat imme<hatel\ intrusted iti
bis majesty's sei-vice, were in the first place
to be seized, in order to facilitate theik^ign^ und
to make it successful , By this mamna ttie con-
spirators were to weakeu his maje$»t\ 'a power
of defending bimiselff when they bad depri veil
him of his general, who was to commaml and
conduct his army ; of his two secretaiiea, who
were to maintain and carry ou Ins iotelligence ;
and of the lirst cotniiMtu<ioner of hiH trcasuryi
who was to lake care lor his supply.
At thi* [dace these things were debated and
coti^ttleral tietwcen them: Mr. Lynch then
ai^'aio couiphiined of (he long delay, and wished
thai the affair might lie eurried on with tnore ex-
pedition : the orisoner thought no time so pro-
per ai( the breaKing npof the camp, when they
mijL;ht he sopplird with soldiers i y^t^ lie ^^ as
willing to hear any proposal Irom Sir. Lyucb,
aud desired Mr. tAnchf ihai if he could thiuk
of any speedier met hod, t»r better scheuie, to let
bim know it : bnt the witness was not capable
to propose any way toorn |»roper« than wbal
bad been agreed upon the loot of the plan, us it
bad been cxplaioed hy the prisoner himself,
arid therefore Mr. Lynch acquiesced therein.
Gentlemen, at that time, ami at the tame
place, the overt aet laid tn the indictment, of
puhlii^hinii^ the ttpnsouable writing, was com«
milted ; which was a declaratiun framed in the
hatid-vM'iting of the prisoner, to he published
iuimediately oo the tirst hreakiug out of I he
conspiracy, to excite Ihe king's subjects to take
up arms, and to enter' tiita a rcbelhon against
him ; and that it might have an inHuence on
the array, where their hopes were (daced, it
took notice, that the king's general was seized,
atid in their custody.
Id this decUratiuD particular rewards are
promised lo the horse and foot in the army ;
different allowances are made ; to every horse-
man aod Serjeant three guineas ; two guineaa
to c\eTy cr>rporal, and one guinea lo every
common soldier : all had promises of encou^
ragement, favour, awl future reward.
Gcmleracn, nfter this was read, the prisoner
pot this declaration up mio his pocket again ;
and afterwards (as he acquainted the witness)
be himself made an alteration therein ; it con-
taining at first a general mtitation to a revolt,
but was not directed in tlie name of any parti-
cular person, therefore the prisoner thongiit fit
afterwards to alt^ tt, (as he infonned Lynch)
and to make it in the name of the Pretender,
as king.
Gentlemen, though their hopes and expecta-
liooif were founded on corrupting and debiiuch-
ing the army ; I mention i^ only, as it was their
cxpcrtatioo and design, without any im^)uta-
tion oti tbt houont at MtViV| ol ^ ^<t\iA<a!WtXfc.
i
i
4
i
147] 9 GEORGE L
of lliearmy : \mi p«rtons who undertake ati tf-
fiiir iit'ttiiH naturei are alvvaya forward to ex-
pect their desrg^os will he successful.
TliiM, ^tnllemeti, which I have metilioned to
you, H'liicb ^ill be more fully M\ti |iiirli€ularly
ffiven iu evidence to you, afjainsl I he prisoner
at the htir, was transacted and committed in
the county of Eseex*.
My lorif J this will lie evidence of most of the
OTerl acts nllpged Jo the inihctfiieot iu the
county of Essex ; hul we shalt confirtn this
evidence by the confession of the priioner,
proved by two witut«4ses, in whose presence he
acknowled^'ed the sereraf facts which will be
char^eil nj»on him in iht^ county of Essex, by
Mie tffitimoriy of Mr. Lynch; nnd shall make
proof of tu her overt acts in the county of Mid-
dlesex : for It was impossible a desijiu «o ex-
tensive Bhauitl he contined to one or two parti-
cular place* within the same county: their
cousuhations must be transferred from place to
pbce» as opporttmitv offered, and as tbey
thought most conducive to the purpose they
were eng^aged in.
But the facts I have mentioned were tran-
sacted, gentlemen^ in your couniy. After the
prisoner anil Mr. Lynch had settled these af-
fairs at the Grf'en-I^lan, they went to the house
of my lord Not I h and liip'y at Epping : they
•laid there all night, and dined there the ne\t
day ; ihe witneas was introduced and presented
10 his lordship by Layer, and was civilly re-
ceived and entertained ; and Ihe prisoner at
the bar, as he and Lynch returueii lion^e^ ask-
ed the witness how he liked his hndsliip, and
assured Mr. Lynch for his encourn^cment,
that be had g-reatly recommended him (Llie
witness) to his lordship.
Tlie prisoner anrt livnch met a second time
at the Lord North and Grey's luiust*, whcvc
Lynch declared he would withdraw himstif^
if things were not put in execution ; to whirli
Layer replied, they would be sooner put in
execution than Lynch imag^ined.
Gentlemen, you may perceive, by this evi
deuce, the prisoner** explanation ot* ihe whole
•cheme^ and his execntitm of it. so far as was
in Ids power ; though, blessed be God, these,
ur any larlher atletnpls of this kind, have not
bitherti) prevuded,
The prisoner proceeds farther ; and the next
wiiiit-ss who will be producwl a^jramst him, is
c»nc who had bei*u it serjeant in the army,
Matthew PInnkett. Plunkett had b«tn for-
merly acquainled with the prisoner, and done
hmi a piece of service ; he was made use of tci
rescue scune goods, when tbey were taken in
execution at the house where Layer lodged,
which was the bqpnning-of their acquaintance:
this, with some othtr recommendations from
persons engaged in thin design, induced the
prisoner at Ihe har to make offers to him, as
yon will hear from the witness.
In June 1722, another person of die same
name, one James Plunkett, was directed by
Mr. Layer to go to this Serjeant Plunkett, and
desire buu to meet Layer at the Italiaii coffee-
Tt ial of Ch ristopher Lawyer ^ f 118
house in Iltissel-court. The witness could net
at that time, at least did not think it proper to
go to the place npjvDinted ; but a day or two
after, Mr. l^yer meets him in Lincoln's- iiiii*
ftdds, and takes him asjde under » g:ite-way
near Turn-stile : L^ayer then told Plunkett, T
would inform him ot a matter that would be i
great advantage and beuebt to him ;
Ifsyer let him into this consptraeVi afl
gaged the witness in it, not only by aisi
and promise of reward, but by actual rewa
and money given hini ; and to induce ami <
encourage I'lunkell the nvore, Layer i
ed him, that there were several
tn'eat estates^ who were resolved to
tliemseKes and the nation from iheca
and slavery that they ibeo eudured ; aind that
they intended to britig about a revolution^ sud
restore tlitir king Ihe Pretender ; Pluokirtt f^
jected, tiiat the Freten<ler was a Papist ;
the prisoner replied, there was no iiffen
between a Papist and a Lutheran kingv i
therefore, that ought to make no im^n
upou Plunkett, to hinder him in joining t
bring in a Papist.
The jtrisoner enquti-ed of Plunkett, wbeth
he had not an acquaintance in the army witl
some ofBcers, and the common soldiers ; aa
then engaged Plunkett to levy what persons I
could into their tiervict.^ ; and when the witnoss
told Lay er he knew twenty or thirty serjeanla
hi the ajniy, pittper persons to be nppli^ i<
the prisoner gave Plunkett directiouK to mak
apphcatinn to them, and to have I hem eort"
ed ; and at tliat meeting the prisoner gave 1
wiluess money for lii^ encouragement ; and 1
they hud several other meelioifs after ibis, i
provide and levy men, the direction and
ploymeni given by l^yer to tlie witness,
to take care to tind out their lodgings, and io
make lists of the mrn, o1' tlietr names, and
plaecH of abode, that tbey might be really upon
notice.
The prisoner not only employed Plunkett to
pro-cure and enrol ah many as he could g«l,
out gave him money for one particular person,
one CbikI, who had"^ served in the army, and
who was recommeaded tu Layer by Plunkett,
as a person that hud been disobliged by bavins^
been turned out of the service ; Layer himself
gave Plunkett half a guinea, for to give to this
person, to engage him iit this conspiracy,
which Plunkett accordingly paid Child: Layer
Ukewise order^^l money at other times ta be
given to Plunkett, and at one time particularly
acquainteii him^ that the prisoner had letil m
guinea with one Jefferies a non-juring parson,
to fjtive to him, who bod given Plunkett but
half Q guinea.
The prisoner at the bar, to encourage Pf un^
kett, acquainted htm witli the persons whom
Layer ex|>ected to join in this conspiracy ; and
asked the witness his opinion of several; the
witness will tetl you the names of the persons^
and what answers be gave ; |>articularly that
Layer asked htm what he thought of the lord
North and Crey far an oiEcer to be at their
149J Jbr High Treason.
hm^l TtmrnUmtm mntwered, i bough he bad
Mi«r Mrred under hini, he looked upon bis
!«»» grcAt man.
Iavct tnfovMil bitn*
nil'
at »evfral tinieSt ^vhen
Uiat things were in a
Migh it wan not yet a
I k in execution : but it
( could uot miscarry ;
111 wastocuDie with a
'tticers ; and that the
been di»oovered to the French am-
fvlio htui given inleUigeuc« (hereof
fcliiBP/eut^, ar «l«e the affair bad btren do no
lilbttkal lime.
lb PlUftkeit was en) ployed, from time to
iai»li» prepare lisu ot\ anil to collect and en-
tiil Al fiersona to g-o on with this desjigo ; and
* rly a niimbtrr of Serjeants, about 25,
from the army, the priiioner
Plunkett to go immediately to those
I umI take care to 6ecnre ttiem.
these traiiorous con^utts and
were in July and August: and
I wilt acquaint you more fully with
di ietamt particulars. 7'here was one encou-
tt^tmatt which the prisoner ga?e to ibis wit-
a«i^ wlilcii he did uot ineotloD ta the other:
lelokll^unkett thera would be an army of
Btlcb to oofDe orer in aid of bis majesty ; hut
lktwibi«aa«hoi]ld see a number of half-pay
afionSt especially those of the name of Filz-
ieiild« •!! Ihe !»idc of bh king (the Preteuder,)
tfcil (bey could uol doubt of success*
Qtnikflieii, under the«e encouragcnaeBtsand
, and with these rewards^ huth these
^ the two witnesses, were engaged hy
' to enter into, and go on with, this
cy : the prisoner met them apart from
tee ta time; tbey concerted and curried on
mek meaaurcs as tbey thought proper to exe*
0«li Uus deaign^ upon the foot of the pkn,
vlycb iMitU been mentioned, and will be pro-
dMBe< to you.
After WIS have produced the scheme, aud
tiewigo examined these two witnesses, wlio
Hill gif e you aa account of the progrrss which
Ike priaoner made in this treason ; we shall
fire ^iiu otlier plain and evident uroof^ which
^jii «lcaaODaliiite the (reasonable mtent of the
prinftVftithe bar, aud his bof»cs of succc^is.
We oliall prtwa that the jirisoupr ha J been
M RocDe, and by bis own cunle^ior^ tliat he
hi aeeii the Pretender^ and bad conferences
W« aholt prove that the prisoner had blank
ywaaiaaory notes, or receipts for money, signed
mih Ibe Freieoder's own hand, by the assumed
to of James Rex, found amougsi Layer^a
laperB, which were remitted to him from
tknief Olid which he has acknowledged were
IMI lifer to htm^ for raising of money to carry
fiftltie caiMie of the Pretend. This is a siroog
i of the trust and credit reposed in him
this conspiracy ; that tbe priaoner
i folly ODtrusted*; the receipts are in
the prisoner bad power to raise
«• thttuiy and to ^l them up witii
A. D. 1725. [130
suth sums, aa he thought proper and necei-
sary.
Centlemen, ou the examination of onr wit»
nesst^ it %vdl appear that Mr. Layer declared
he had e.i£ptrnded great sums ^f money in this
alfuLr^ unA ihal be has made it an excuse, why
he bud not money to supply some demands,
Itecause be bad dijihursed no much.
This iberefore was to be his full power to
ratfe n»oncy towards bringing tbe Pretender to
the throne.
Besides these receipts, he had furnished him-
self with lists of the othcers of the army, m
order Ij know the situation and condition uf the
army, and to cotisider wbat advantage he could
make l>y any of those in the lists : he bad pro-
vided himself with lists of tbe otficers of ilie
Tower, which we apprehend was to render the
design of seizing the Tower, when their friend
the officer was on the guard, more probable aud
bopefiiL
Beijidea this, we have letters which %vi]l be
produced, that passed between sir William
Ellis, an adherent of the Pretend er'ii at Rouie«
aud Mr, Layer, hy the name of Fountaiue, (a
name he went by) encouraging him to go on.
with this design : we have the cypher, and the
explanation of tbe cant words useil iu those
letters. In one letter Ellis says, the best me-
thod of carrying ou the manufactory (which is
the insurrection) is to get good wofknieo, (by
which is meant sohhers) and particularly to
gain some of the ablest of Mrs. Barbara Hmiih^Sy
(hy Mra» Barbara Hmilh is signified tlie army)
and this would be very agreeable to all eon*
cer lied, particularly to Mr. Atkins (which by
their cypher or key is a name for the Pre*
tender.)
And in another letter there is particular men-
tion of Mr.Layer's intended general; y nn will find
In the letter an explanation of him, thus ; thai
be, who the prisoner in his letter called 8irnouSy
and described as a tenant, though his name was
not then found in tbe rental, this writer be-
lieved he should be called 8immes,and says he
is of the Noril*, a grey- haired ancient man, for
whom bis friend has a particular esteem and
value, as a very good tenant. This is tbe de-
scription, and this is the caut that passed be-
txveenlhem; the explanation you will appre<«
licmi, by the cyphers that were found amongst
the priboner^s papers.
Mr. I^yer was not wanting in other prepa-
ratious for thii attempt; for be had provided
arms iu bis own house, mure than be could
have occasion for, as a private subject; he bad
several muskets and other lire-arms; bo hud
forty or fiffy cartridges, loadetl with bullets^
ready iiude up for so many discharges, which
might he delivered out ta the people v%hu should
come in to them : if be bad any use for such a
quantity be will shew upou what occaKton.
The disc4}very of the iacis made hy the wit-
nesses occasioned the apprehending Mr. Layer,
iu whose bouse these arms were tikewifio
seized,
Mx* Layer waa »o cooscious of his owa gtidt#
^
9 GEOnOE L
tbtt sAer lie wta ftppreh^ttdecK he made bis
escape out ortbe cukUhIv of tht ^i' in
wliOfie bouse be ktm pbced ; hr retit
reiruti to wAieraieo tc^ can'y hiiu mj im^^ i^ a
detnonstration of bii guilty iroui tbe coariction
4>f his own cronteience.
GeDlIemen, ibere are some other tnatters
and papers which it will be proiier to offer to
your eonsiderstioD ; and most o( these purti -
culat' factSf which I have nietiiiooed, or the
tno^t material of them, have l»eeu confirmetl by
BIr, Lajer^s own cotifessiai) wbicb he maile
iipoti hts exaniination beforci the lords of the
priry coatieil. And when we Itave laiil before
ymi this e? ident^e, as accordint* in my instnic-
tion« we shall very fully^ I do not doui)t but
Iboiyou will do your duty as hmiest men.
We do not apply to your zeal, as yoo are
Pratestaots and EnL'IbAnDen -, but iipnti tbe
wei|fht of the evidtii^e, we Uiall appeal to your
jitatiee, to ytiur oatlts> and to your conM:ienced,
frbethtr upon the whole prmiftu lie hiid before
yoti| you will Dcii remain Inlly s.ttiisbed, that
the prisoner at the bar is Oiidt;^ of the bii(h-
treaaon whereof be staods iodicted, and ibeu
that you do Eud him so,
Alt. Gen. May it please yowr lordship, and
you gentlemen of the jury , I am counsel on tbe
same side for bis maj^ uier
mt die bar, who itaod« i - -tun,
ill <s(»mpaaKiog; and ima^tiun:^ mi <u aiu m tbe
^og* The preservation of tlie life of tbe kiu^
ti m that great importanct to the »atety and
prosperity of bis subjects, that even imag^ioa-
tioiia and in ten lions (which are but acts of the
lieart) to take it away, manifested by overt-acts,
are an offence of ihe highest nature which the
law takes notice of; but as tmagmatious and
intentioDSof men are secreti and caoooi be di**-
oofered but by their actions, there must be
J*roof of some fact done in order to carry such
intentions into execution, to make the ottc^nderi
enilty of treason : therefore in this indictment
Sve several overt-acts are laid ; the first is^ that
tbe prison cT at tlie bar propose<l, consulted and
agreed with divers p«r8ooB unknown to the
ffrandiory, to raise ail insurrection and rebel-
lion within this kingdom ngaiast bis majesty ;
the second, that be pubJitiiiL'd a traitorooa wnt«
ing, purporting an exhortation, encoura<|ement
and promise ot rewards, to persuade his majes^
tjr's raitlifnl sitbjects to take up arras agaui^t
liim ; the third, that be proiiosctl, roosulied and
agreed lo set the Prelenner on the ib rune by
ormed force ; tbe fourth, that he listed men t%
itiwy war against the king ; and tbe fifth, ihnt
he projiosed, corr nllt^il and agreed u> aeiae and
imprisou hiii tDujr^ii^ •« *(nfTe4i )H"r»on«
Gentlemen of the inry, y*»u will readily
agree with me tbnt noihiug can be more di*ca«l*
fill to a true BrilOn who hath any regard to
liim^'H'or liT« posieriiy, or love to his country,
than the ftitaj con^et^aenccs that inast have
inevitably attendetl such wicke<l designs, h.id
they been carried into execution witit succesrs :
aiippQSd a rebellion had been only raised^ what
Ttial of ChriHopker Lai^^r,
[158
ooald any man bare expeded from a rebellinA
in tbe heart of tbe kingdom, but plooder ani
rapine and murder, a total aosponaion of all cit)
ngIA, and as long as the storm bad oootiiia
a just but terrible apprehensions of aonie '
yet ifitofite to come : This would certaitdy lia
bi'iiR tlie case, though the attempt bhoubl ha
been dtsap^KHnted at last* But nad it beeu i
tend«^d with succefis, bad bU majesly'a
|H3nfon been seized and iiaprisooed, aiHl
tlie Pretender been plact-^d on the thitmi*, w|
a scene ol* misery bad ojiened! A nnid adn
nistralion, governed by tbe law of tbe
under an cxeellf ut prince, and as just and ma
ciful as ever wure the crown, must have gisan'
way to arbitrary power } all your estalts nA
properliei must have been at the will uf a pra*
vokeit and eicaaperated usurper; liWriy mual
have grven way to slaver* -■ ' ■'- • ' t «
ligions lo pupish idoUt/}
th is, h u ui an ly «" '^' t. L i r w j
or bo|)ea 4if r^
caUiuities ba^e u^
of the king's doiutnioiifr| tor sboulfl tbe pr
happy estnbbsbntent in his riiDJL'Sty and
royal family (the chief bulwai^k and support^
tbe I'rotestant interest) be destroyed^ the
tei^tant religion iu gen4?ral must be reduced ^
the lowciit ebb, if tail total ly extinguisiied*
This is the nature of toe crime » and tba
aome of the fatal eonsrouences that ntuat ball
ensued, if the dt^»igus charged upon tbe
soner by the indictment had look eilect.
whether he is guilty ol^ this great oflai
is what you, genllcmea of tbe jary, are
to try.
I^Iy lord, it is my part to open the natural
the evidence that we thai! produce lo prove l'
several overt-acts laid in the imlutmetit ; a
in stutiitfc^ it to your lorilsbip and tbe juryy4
shall tbilow the course of time in w bieb
fticts were done, that tbe case m^iy be
easily aii pre bended, and shall opt^n notbitt^ I
what 1 believe will be clearly ventieii by
I'his prisoner at the bar, tbougti I
to tbe profession of tbe law, and a ]
il, went beyond be.i in the year 17fOt4
tbe cbse of that y«*Hr, according to our i
tbe bcginmofcT of tho yrar 1721, arr
Home, where tbe Prettindt-r then was;
the priH^tm'r was there, be ptocured himself 1
hi introduced lotbe Pri*tetider, and bad two pH-
I ate coiitVrences wiib tiim, in wbicli (but
what nit^tiiodsor representatjon is bostkn
to hiuisi'if) it is plain he obtained thePreten
good opinion ao far, that he thought bim a fit
^M^nrofi in whom a couHdence for carrying oa
any dmgos against bis majesty, and for setting
hini^eif on the thrnne^ might ba aafdy r»»
po^ ; For this purpose a oorrespondeDca \ ~
then settled bet^eeu tho prisoner and
persons of diatinction about the Pre
a cypl'^er of natoes, of perfrons and 1
agreed on, in order to carry this eor
on. Tbe prisoner returned to Engbiiid i
July 1721^ atler which be writ letters to hi
correspondent at Home, and auawera to tbem
m
Jot High Treason*
A. a 172^
[154
(MM ftmm tbnict, whereby it vrill s|>pe;&r, that
f^m^mmrhmd moAeitook b consirleroble part
ilAt^Mtell tlneii earryio^ on u> tiring the
VlMsJir m t mad allboufrh the^ie I tetters are io
ibeMsaad cftot terms, ftnd fictilious Dames,
ym Ijr l^ hmlp of the cypher, aod from the
MMK^C lite letters ihemsetres, it wt'lK easily
understandinfir for what
writ : This cypher and
prove to have been ibunil
r** |Miper8, which were »ei/(Hl
«DfDifiltii»eiit, and your lordship
Ijuty frtll aeCf when they come to be
tithatandiog the oiiscure tertos,
mysterinns eirpresKKit iamrted to
t eye of the reader, when compared
I te emptier they will be ao Intelligible, that
^viIIk a ptaia evidence that a iksii^o was
oo of raising a general rebellion in
ttie Pretender ; for which purposes a
^fm vrritiDe^wai prepared, which weshaJt
iif Idbe ipcrar fordihip and the (fentlemeo of
ilfjary^ that waa likewite fouad among the
p»iau*i papera ; we ahall prove it to he writ
iMkbiaowtt bttiid.
■I PepgeDv opetietl the nattire of
J fully, I shall not trouble your
i&pi witll a re|»etilii»n of what he said ;
■ nCMDea lobe read it will appear tu he
ilitteil Ibr a general ri^inif^ it will prove a
mI 4csigii to seize the Tower » to seize
Mi IB ^Fe«i iUtioD«, to seize the Bank, and
I ai Uak lo seize the person of the king
If, ao4 lo seize his royal highness the
ioi W&lei^ Thiai we apprehend, will be
1 1 MPBttiF evidence of the oTert-ncts laid in the
m, and will confirm the testimonieB of
ikewnoemmn wlitch we shall produce,
Tli*f« are two witnesses we shall call to
I wwrm llic OTert acta kid in the indictment^
mm haV0 already been mentioned to your
I iMMfif Mr. Htephen Lyftch, and terjeant
*" " ' Hitniett. Mr. Lyncli will pn^vethe
I^<irei1-acts laid io the indictment to hove
hm ctttflRMtied by the prisoner in the county
tf SaKk, wliere this inaiiitmtnt was found ; uh
ika «Teft*aeU of the same nature committed
hf him to llic county of Middlesex^ But as it
ii layiapirr la fall directly upon the proof of
tew Mti, without first proving Kome other
tmMhf way of totn>diiction, as how the ac-
^i^itoae<e between IVIr. Lynch and the prisoner
Ii telMT began, and how tlioy came to be so
iiteMa a* to enter into a dehi^n uf Ll>is nature.
Air. I^ikcfti will give your tordshipii and the
jury aa account ; that there had been acquAint'
mm baiwaeii Uiit Mr. Lynch and one Dr.
eigbl or nine yeara ago ; thai they
l4 to join in the rebellion which waV
IbalMiptiatng of his maje?>iy'g reign; alter
1^ waaarer Mr. Lynch wetit beyond aea, aud
\ tUrre aom^ timt* , and arrived in Eog-
I HI April laat ; that theu* acfjuaiutanee con-
1 iheir principles were not altered ;
Mr. L^oob maettu^ Dr. Morphcy, Dr. Mm-
pbay (wbaluttli l>eien mentioned to your lord-
ii Ilia oecaaioa ia Uua &mii ^lui lAwii
nnw to be found, but bad a great acquaintaoee
Willi the prisoner at the bur) told him he had
something advantageous to communicate to
him, and appointed a meeiiogncxt niomin^ at a
coffee-house i n Corn hjl I , w here they accord ingly
met ; and Hurpbey then advised mm not to go
out of England, hecauiiehe had an opportunity
of making his fortune^ telling him there would
be a general rising in favour oi* the Fretcoder
(nhoui he called king) and that it was carried
OQ by gentlemen of note aud credit ; and if he
would accept of I he service, he would recom-
mend him to one greatly concerned in that af-
fair ; Mr. Lynch, after consideration, agreed la
stay, — .4 tier several other meetings hetween
thifl Dr. Murphey and Mr. Lynch » at which
llieir discourse generally turned upon this in*
tended rising: about the beginning of June,
Dr. Murphey introduced Mr. Lynch to the
prisoner, as a person fit to be entrusted in the
lotended enterprize; they went to the Grifiio
tavern in Holbom ; Mr. Layer there expressed
tbe good opinion he had of Mr. Lynch upon
the character he had received of htm from so
good a friend a<i this Dr. Murphey. They soott
entered upon busitiess, aud the pri.soner, aAef
having made a represeutation of the imeosinect
of the nation in general, and of the fair up*
portunity there was to bring about a revolution,
proposed to Mr. L>'ncli to seize some general;
to which the witness agreed, Alkr Ibis they
had several other meetings, at which I he dis*
course turned ujton the same subject of a ge-
neral rising in order to set the Pretender on the
throne, and at one of tliem tbe prisomr de-
clared he intended Lynch Rhuuld ^ei*e the earl
of Cadot^an, and thiu the scheme was In id on a
sound foundation, having a |;reat mau at the
bead of a^airs, who u anted neither wit, courage
nor resolution^ and he would be backed by his
friends. 8evera) r/ther proposKion^ were made
by the prisoner tending to rh*^ same end ; to all
which iMr* Lynch at^reed, and they coni^ulted
how they miffht put lliose things in executiop.
hi July La&t, Mr. Layer wcui itUo the country
for tburieen or iifteen days, and after his reiur'ii
in the beginning of AiigUJ»l, in pursuance of
what they hud cuncertt^d, Mr. Lyueb and he
went to View ihe carl of Cailogau*8 hou]$e, to sea
hi*w pracucahle that design of seizing hun at
his house was, Mr» Lynch thought it feasi-
bte ; hut he grew uneasy at delays, and fre^
qnenlly told the prisoner ihat his cireumslauce»
would not pemiii him to eitniinue here at liig
owu expeucc; theretbre to encourage him lo
stay, and persevere in the design » Mr. Layer
gave him s^evi^ral i»umN uf money.
My lord, uptm the *24ih of Aui^fust last, ifto
prisoner aud Mr. Lynch agreed to nde ou the
next day lo take the air ; on the ^S»h, accord*
ing to appointment, (which brmg^ us now to
the ovtrt-acts in I he county of Krisex) they
rid oullay[ether ; the pi isuner thought it proper
to ride with arms^ alleging that he had thiugn
about him he would not lone for any thing in
ihe world. Upon the road he told Mr. Lyncb
they would ga to luid ^mJk aad Gfey%
155] 9GE0RGEL
with wham the |>Hson«r had the hotioiir to be
well acquduteii^ am) im would present Mr.
Lynch to my lord as bis ymrticolar acquaint-
aure. It tiajipencd to Lie too late to get to lord
North and Grey*s by dmner, ^bereopon they
jiut in at the Greeu-Mati near Epping fore*l,
whichf g^ntlemtn, it at Lay ton -Stone in your
CO uiity . Din ncr not bein^ ready at t h eir com *
ing thither^ they entered into oonversation on
the former topics, and Mr. Lynch di^sirijiij
to give him some m«»ight into the scheme
that was formed, the whole subject matter of
their former coosullati^ns uud dlseonrses were
repeated about seiziiig lord Cadogan, seizing
the ministcit nf Htate, oi gettiof*' part oi^ the
army to declare for them, and for tteizing the
kiufpa person ; and these things were then
Pigr^ed to by tbetn. At this place it ifus^ that
the pii$oner puUed out of his pocktftt and
ebewt^U to Mr. Lynch the traitorous writing
laid in the indictmcDt, which was a declara-
tion to encourage a genei'al rising, writ, as tlie
witness believes, in the prisoner's own bi^d ;
tmd that part whidi contained the promises of
rewanls to be given to the soldiers and other
persons to encounige them to come into their
designs, was read by the witness ; after whiclt
Mr. Layer took his paper away, and put it up
■o his pocket again. My lord, when they had
dined, they went on to lord North and Grey ^3
Louse (whom your lordship will hear men-
tioned by the evidence as tne person thought
on 10 be general in this undertaking) ; tfisy
staid there that night, and dined tliere next
day, and aAer wards they had n second lueetiiig^
At lord North and Grey^a, Your lordvliip and
the jury will be plea&cd to observe, that this
evidence will he a fuU and positive proof by
this witness, that the overt-acts hy publishing
this tnjiilon»us writing, encouragiug persons
to take up arms against his majesty, of the
consultations and agreement to levy war, to
set the Pretender on the throne, and to seize
his majesty** person, were done at the Green-
Mio, in the county of Essex ; and this will
likewise be an evidence, tliat all the overt* acts
laid in the indictment (except publisliing the
traitorous writing) wtre doue in the county of
l^Iiddlesex.
Hy kird, the neitt witness we shall produce
IS Matthew Piuukett, formerly a serjeant in
some regiment; he had been formerly ac-
^uainteil with, and had been serviceable to the
prisoner, and was very well acquainted vv^itU
€06 James IHuokett, which James Plunkett
was a great aoauaiutance of the prisoner's.
This James Plunkett desired the witness, Mat-
thew Plunkett, tu meet th« prisoner 10 July
last ai the Italian codee- bouse in llusset-court,
which the witness could not comply with ; but
the witness met the prisoner the Sunday fol-
lowing in Lincoln's-iDii'fields; they were to>
frether near an hour, the prisontT gave him
AD account of the intended general risiug, and
iLsked the witness it' he knew any old sei3«ants
t^r soldiers who can disci [dine a mob, agreed
With ium iQ procure sudb, mtsniioiied to hiai
Trkd of Ghrisiophet Ln^er^
sereral persons (it to lie at the head of <^
eoterprisee ; and in ord^r to make hiin dili(
he gave him (it that time half a crown ;
money was not only given hiui at thai I
but a promise was made 10 him of turtlti
wards. Ttie t>risoiier having occosi^
in the country » one Jitfiey^t a noii(|i)|
gyman, was sent to IViatihew Pin
Layer (and tins fact iLat I am goitkgi»-4
must not be Imrely c<Hisidered as iiii> aci^
tweeii Jeffreys and Plunkett, hut it will htf^
brought directly borne to the act of Lajrct|
hiiusetf.) JeBreya tuld Plunkett he cmmic,
from the prisoner, and that he waa tmpkiyt4^ \
by him to go to such as the witness wi^ itli# |
were old serjeaots, to get a number of tkcni !•» |
gether to discipline the mob, in oi'der to the f^ ,
neral rising: the next day they met again, ,
and had the like discourse, snd Jedfreys gmtv^
Matthew Plunkett half a guinea; aiid wtntt^
brings tliis home to the prisoner, ta, that b« |
told Plunkett he had \e\\ a guinea with tb«^
nonjuring parfiou to give him, and talked witb:
him on thtf same subiect that Jetfreys had dift*^
courised the witness before. Hut in fact,*^*"
freys did not give Plunkett the guinea, be|
him but half a guinea.
My lord, alier Mr. Layer went out of 1
Piuukett gave him an account what prog
be hsd made in the aH^air. Plunkett told 1
that he bad got several old soldiers that 1
bear a part iu this business: the prisoner!
be must take care to keep a list of their naa
and the places where they lived, that '
might be in a readiness when they shi
have occasion for them. And on Sunday b^ "
the nriiioner was taken up, he told
Plunkett that a great many of his countryi
were turned out of the guards, and askecf fa
if he knew where they lodged; and upoti4
witoeas's answer that he dul not, the pria
direcled him to take a list of their tvames^j
places where they lodged, that he might h«f
them when occasion required. 80 I but in
is Mr. Lynch a positive witness as to th« oa
acUiu Kssex; Mr* Lynch and Mr. Phu
positive as to the overt-sets in Middlesex* \
their testimony confirmed by the sch
under the prisoner's own hand, and
f»apers, which we shall produce, found ainon
lis papers wbii^h will leave no room to do
of the truth of their evidence. Besides,
lord, the |>risoner l^eing seized in Septi
last, we tihtili give an account when he wa
custmly of a messenger, locked up in a
two pair of stairs high, he made ashifttai
hises(;ape, got to the water-sidei and ^
sculler to carry him over the river ; bell
ally got over the river, hut he waa
again iu St. George^s-heids, and brought I
to the messenger, and offered very eoosidersbloi^
sums to the persons who retook him to let hint
go« 1 believe it is hardly to be imagined^ a
person jierlectly innocent would venture to gel
out of a room two story high, and in tli«
manner he did, and offer to give such a reward
to the pcrsQUi who retook him to let htm get
BTJ
«M Smmli
^fir High Treason,
I becimseioiis to hmicelf tbat lie
gical dao^r. There were like-
Ml bis house arms more thim ne*
%r Im ttse, and which he has con-
fo be used if there had been a
HjImI, t» corroborate the tettimoisy of the
mttamm, we aball lav before your lordship
■A Ikt flrmlef»vD ef the jury, the several
^beb were found, i may say, in Mr,
Imlv ; 1 don*t say tfiey were ac-
In liis custody, hut it will eomt^ to
; for he had delirt-re<l them in
Mrs. Ma^>n the witness, whom
ptn&ttc^ with directions that slie
B» pariicolcir care uf tbem ; and ihey
in her custody not looij after the
s commitlcHl to the rustody of u
•be saw every one of them marked
Vr^pmis who aei'^ed them, and marked
laMjinif : there are not only the scheme
■tfiacj^fbers and letters mentioned hefore,
lilite Irft promiBSory notes subscribed by
ivI^hMrn^er t these pronuftsory notes run,
ladUMMiledge Co have received from
ibe aufn of which mm
to repay with an interest for it Bt
iH of per an n , J aivi ej^ E .^
asy Qtaii imagine, if there waff nothing
^la «^ plain tbeofi, that these ooteti were
hmint onthtng? £?ery body must beliefe
iM Ibry were intended to be fnadc use of to
imy wm the conipiracy; but we iihall shew,
\f ^e prisoner's own confe^ion, thnt they
apve aent n'rer to him by sir Williom Ellis, in
«|pr to be mM\e use of slh occasion should
, IB protMMe theve designs in favour of the
Among' these pupeis several Jist*^
lUiii) which will lie prmluced, some of
eeolAtti the nuint»er of the oncers and
tf ibf aoWteta in ihe cfuards, some the names
tf fiber olBoeni and told lers, and some thv
tabo^^tftbe ofiusera belonifing- to tbe Tower.
kttoil be i^wiied, that in some of those Hits,
i«« am Am names of several persons of as
(pm botioiir, loyahy, and tide! ity to bis ma-
JHI|. as any subjects bis majesty bath ; yet
i»ffnmni>^ the^ lists conid be for nothing
lit-lB^cC Hii tofonnation of the uumlier and
^■•Kirr of tbe persons in bis majesty ^s ser-
siit. la knovr tlie strength of his majesty's
f•«^ tbat intelti^nce mic^ht be civen and
itt^s framed accordioifly, and tfmt there
tmglB bm taoiperin^ with such as there could
Aa^tjf bopcs of bnntrin^ o^ev into the Kre-
laAv^ nierest : if Ihe prisoner can put any
iAv eattstnicrtion upon bis havinpf tliese li§ts
into cuitddy, he will have an oppoi tuuity to
^•l» TbcTSC tilings bein^ proved, I apprehend
ItosfngDaina no doubt but tbat the prisoner
will tppanr to be guilty of the crime char^l
c^bin in this indictment : but besides all tois,
wsaball pffive bis confession by two witnesses,
«lMneby be bas confessed every overt- act laid
M^Ckia lodietment, the several transactions that
Mr. I^rynebaud Flunkett wilJ give account of,
«Ji ibciacu that 1 have meuiioned
s
A/D* irn. [158
I before. I shall conolude with this, fifentlemen
of tbe jury, that if we make out these fac
as tbey have been opened* and according"
my instructions, I have no reason to make tfa
least questiim of it, it must be left to your con-*
si deration whether the prisoner at the l>ar ii
Ifuilty of the oflence fur which he stands in^
dictetj or not ; if } ou shall be satislied by iIh
eridence that be is, I do not doubt but you wil
do justice (which is all that is desired of you)^
arid find a ver*lici fur the kini^-
Sol. Gen, If your lonls! tip pleases, we will
now proceeil to examine witnesses ; and wi
desire tliut room may be nvade for I be wil*^^
ne«^es to come into court. Call Mr* Silephen
Lynch.
i. C. J. You must make way there.
Priifwer, Wy lord, I humbly desire before
this witness be swm n, that he may be exauilned
upon a Voyer dire, whether be hath not a
promise ai pardon, or some other reward for
sweariu^ against me?
L. C J. Hir, you cannot ask him that
question.
ftlr. Rungerford. I hope we shall he at
berty, and have a right to enter into an exan
nation of this matter. If a man is rt^presenti
to be in the same circumstances with tbe prw
soner, and the prisoner led into the same cir<^
cnmslances by the person proposed as a wjt-M
ness, and afterwards by him involved ip tht
same oiTence ; if the person therefore prop
us a witness, hath a promifie of pardon or i
reward, upon condition that he would sweat
against the prisoner, he cannot by law be n
fjfood witness ; the person prufHised as a wit*
ness must be a cretlible witness, nmst he
legal witness, must not be convicted of perjor^/^
or any other notorious offence^ a free witttes
that is uot uuder restraint for the offence he
accuses another of j and therefore we hope we
Imve a rif^ht of asking whether he acts under ..
the intluence of any promise of reward, or ih
promise of a pardoi : and the right we have
of examining him to the promise of a rewar'
or pardon, is supported by the authority of mjil
Inrd chief justice Hnle* as reported by KelvuiCe.if
Mr. Kettitey. My lord, 1 would not tate up^
your lordsbip^s time, and submit the weitifb'
at' what Mr. Hungerfortl has offered to your I
consideration; hut we found our ri^btofaak*
imy this i|uestioQ upon my lord chief justice
Hale^s express declaration, set forth at lar^e in
Kely nereis Reports, tol. IB, which 1 Imve here
in my nand. I must likewise beg leave lo ob-
serve tn your lordship, that thts 4]ue8tion was
formerly asked in the trial of Gordon and Dor-
rell to one Adams, that had been in tbe same
conspiracy with those that were hroug'ht to
trial for high treason^ and was then produced as
a witness against them ; the book was then
brought into court, and tlie quotatioa read be-
fore your lordship, and accordiuj^ to my notea
of that trial, which I have here brought with
me for my justiHcation, (I submit to your lord-
ISO)
1>6E0R&E I.
Trial rf CkriHopher Layer f
[440
•f his power ioteoding to chan^, alter and
■nbvert the governmeDt of tbii kingdom, law-
fully aud happily established under his
present rosjesty, and. to depose and deprive
nis said majesty of bis title, honour, royal
estate and j(overninent of this kingdom ; and
tp advance to the crown and government of this
realm, the person in the life of the lato. king
James S, pretended to be prince of Wales,
and after the decease of the said king James
pretending to be, and taking upon himself the
stile and title of king of England, by the name
of James 3, did opon the S6tb day of Au^st
in the ninth year of his present majesty's reign,
and at several other days and times, at Lay ton-
fkone, in the county of Essex, ftlsely, malici-
ously, and traitorously, compass, imagine, and
intend to depose our said sovereign lord king
George, from his title, regal state and govern -
■dent, and the said king to kill and bring to
utter destruction.
The Indictment further sets forth. That he
the said Christopher Layer, to perfect and
bring to effect his treason and trsitorous pur-
poses, on the said S5th day of August, and at
several other day's and times, at Layton-Stone
aforesaid, iogetner with divers other false
traitors, to toe jury unknown, did falsely,
maliciously, and traitorously meet, consult,
conspire end agree, to move and stir up an in-
surrection and rebellion in this kingdom, against
our said sovereign lord the king.
The Indictment further sets forth. That he
the said Christopher Layer, to perfect and com-
plete his treason and traitorous purposes, on the
said 3&th of August, at Lay ton Stone aforesaid,
with force and arms, did falsely, maliciously,
and traitorously publish a certain malicious,
seditious, and traitorous writing, containing in
itself, and purporting to be, an exhortation and
promise of rewards to the subjects of his said
majesty, to persuade and excite them to take
up arms and levy war against our said sovereign
lung George.
The Indictment further sets forth, That the
said Christopher Layer, together with other
faliie traitors to the jury unknown, to complete
and bring to eflfect his traitorous purposes, on
the said S5th day of August, at Layton-Stone
aforesaid, with force and arms, did falsely, ma-
liciously, and traitorously meet, consult, con-
snireand agree, to exalt to the crown and royal
dignity of this realm the |)erson in the life of
the late king James Sod, pretended to be prince
of Wales, by means of an armed force and
troops of soldiersy for that purpose to be raised
and levied.
The Indictment further seta forth, That the
said Christopher Lsyer, to perfect his said trea-
son, on the said 85th day of August, at Lay ton-
Stone aforesaid, maliciously and traitorously
did raise, levy and retain several men, to the
jory unknown, to lake ap arms and levy war
within this kingdomp aganot nor said nvwi '
lord the king.
That the said ChiHlophir Liyar. I9 v
of Auffust at Layton-Stone aforewd, togeftcr
with divers other false traitors, to the jiiry m-.
known, did falwly, maliciously and trailofoalj
meet, conspire and agree, to take, aeise, ifnprt:
son and detain in custody the sacred pmmi of
our said sovereign lord the long, agaipat Iha
duty of his allegiance, against the peace of Ihn
king, his crown and dignity, and againit Ibo
form of the statute in that case made and m^
vided. To this indictment the priaoMr M^
pleaded, Not GuUty.
Seij. PengelfyJ* May it please i
ship, and you gentlemen of the jury*; tho pri-
soner at the bar, Mr. Layer, cornea now Itfilo
tried before you, for a wicked and dcMhilo
conspiracy ag[ainst the person of hh maii^i;
and against his government ; and thin In 6mm
of an attainted and abjured Pretender ; 9 Rui
tender whom the prisoner liimself has ^Vii
in words, and ought to have renounced ui Idt
heart.
The indictment contains a cbam of kU
treason against the prisoner at tho bai^ lie
compassing apd intcndin«; the depoMBg tho
king, and also his death and destruction.
The particular facts laid to provo thin tai*
torous imagination and intent, and which ihc
prisoner put in execution, in order to bii^g ta
effect his treasonable purposes, are Ave. ^
The first is ; that the prisoner, with other
traitors, did consult, conspire and agree to niil
a general insurrection and rebellion in thloM*
tion against his imyesty. 1
The next; that he did publish a le^liliif
and treasonable declaration, containinff iooh^
ments, and promises of reward, whereby tea*
cite and stir up his msjesty's subjects to triM
up arras, sod to levy war against hb uiiyM^
within this realm.
And farther ; that he, with other tnilHIk
conspired, consulted and agreed by an anaad
force, to exalt, and bring the Pretender to Ui
majesty's crown, to the throne of theto kla
dome, and put him into the poMeatiiN
government thereof.
That he hath provided, levied, and
several persons to Uke up srins, and lo Imrf
war agamst his majesty within this kingitoa^
for the executing these traitoroua porpoaeB.
The last overt act alleged, and to finish ddf
conspiracy, is, that he, with the other trailpi%
consulted, conspired and amed to seioo upB%
and to imprison the sacred person of hb nM
sz
jesty.
Gentlemen, it is unneoeasary, when
facts are opened to yon, to acquaint you, fkd [
an attempt of this nature, if it nad auooaodiit
would have been the subversion of the pffMift j
happy esUbliibment, and the ProtealaBt M^Jj
cession, so often confirmed by the canowr
tho wholo nation, and tho ooly
roligioaa and civil
wonldaUr
161} for High TtiUim.
m miamfml. For tbese reasons, as well as
A.D. 1722.
[162
ol" tlie authority they produce,
v» ^prcbciul there ia no force in |be objec-
ftfen - Mj lord, I know not whe-
lks ii t l>e laying too great a weight
the. ut^cciioD, for so many uf the king's
lel to answer it ; for oiy part I tliink it
%t, Hmn^erfbrd. J tirg:e it thfia far : what*
is produced in a conrt of justice
f be inii'at appear to he utterly un*
I point of iutei est in the coosefpience
If a man produced as an evidence
tlie dflit upon the defeodaiit, shull,
aw exmriiiucd upon a *■ royer dire/ dis-
ithat oe 19 to hare a part of the money re>
I, ia oQrt such a [tersou flisahl^d from he-
\ W(ti»ess at all ? /\ud is not a |irosnise of
I to the wttfiesa, in ca^e he con r lets the
, A greater bias ttiau the witnesses huv-
■f fart of the money recovered ? lu a civ it
OJiellie t[t>e^tion ia not, whether the witnes>f
kfeHfli^ to «i«rear a truth or iulshood ? but
' lite %%^itfi€i»s doth not appear to be so
fcrqawtted io iotereM, thit he ou^bt nut to
WtXAnteed at all f And therefore 1 humhiy
intttftiat %re oai^ht to hare an account^ whc-
fbrltie ^itQCM, Lynch, halh the promise uf a
nitkni, or aoy reward tor tliiit which he is to
ll Itre, %iz. for the evidence ke is to give
a|ttMt the i^ri^oner? As to the consequence of
tmk^ ' \ it is luditTei-ent to trie whe-
tWf It lole hiin from being a witness
liifilttieiy, ar go to bis credit only ; for it it
' 1 come out tliat he huth such a promiae,
i 00 jury or man livinff will bclie?e
I that is much the t>ame as if ho were
^Irmiaeeil ; thoag;h il seems more aj^^eeable
IP tJtt; praitice to eivil cases, that he should
Bot tx: ' ' t asawitoesft at all,
lir 7. Mr, 8<dn'itor mistakes the
watA% tyi ^i<^ 'Hiuk as [ reat! them ; he is pleas-
•d to understand them as if aU the rest of the
pAgtm differed in opinion from my lord chitf
ftvan Hair i but the book iloes not say ao, it is
mkf that aume of the other judges were of opi-
nutt tlmt it did not dis;^ble him, but all agreed
tl^ it went CO his credit, and that was all I
tia4 to lb« book ; and 1 would not have offered
ilalliemise than as it was truly there, upoo
mj eom«lcratioQ wliat«ioever; hut whether
im qooCtoti be asked at first or last, so as we
kM«an answer to it, 1 am contented,
L C J. Yoii aee the most you can make
ifil tMf that it is au objection tt» his credit ; and
lift Qocs t'« hiH creilit, must he not be sworn,
bt* credit lelt ta the jury P Lie must be
1 ns a te^al witness ; but if this man,
#.TTi^i tinon and promtse of a p.irdoti,
svtearthat which is not true,
'1 asL him to tliat, he h not
to answer it* Nobody ia in discredit
rlf, but always to be taken to l>e innocent
M tt «p>|tmr» other wi:ie. It i« expressed that
Ih liaa m promise oi pardon : what to do ? To
»€ etidrncr. Gifa tvidebcr! Whv should
he notr Ts be oc^t obliged to itP Suf>pose ha
gires evidence ac€ordiiiO[ to thetiuth, lie would
be entitled as much to bis pardon, osif be gava
evidence of that which is not true* The moat
you can Bay, isi, he has a promise of pardon if
he gives evidence ; and can ymi conclude from
thence that he can give no evidence except a
false evidence? If they who a«>k the question
insinuate any thin^ like that, it ought not to
have an answer : but if he hath a promise of
pardon if he eives a true evideacCi it is no ob*-
jection to bis being a witness, or to bis credit,
Prhtmer, My loni, I huuibl}'^ hope our ob-
jections will thus far prevail, and that we shall
come at the fact.
X, C. /. When Ire is sworn yoa shall ask
him what questions you please.
Just. Eyre. The objection which jnves oc-
casion to insist up^>n this question, arises from
the influence which tlie hoptsof pardon may
possibly have upi»n th« witness ; and ifttiis b«
a reusou for fiettingr aside a witness as incajia-
bte^ no accomplice nho discovers a conspiracy
can ever be allowed to prove it ujjon oatli ; for
] believe, no man ever yet made a discovery
but M'ith the hopes of pardon ; and a goveru-
meut is obliged in honour to {>raut it, whera
the ctinfessiou apjiears to be ingenuous and Bio-
cere; and therefore if the hope or prospect of
pardon, which is all that can be inferred from a
promise, should be an objection to the com|)a«
tCQcy of a wituesSj no government would ba
safe ; Ibr treasonable conspiracies might ba
formed and carried on with impunity^ when the
persons concerned, from whom alone a full dis-
covtry can be had, are utterly incapable of
proving the fact, though \\iey give all possible
marks of their sincerity and truth. They have
therefore been alwavs Vllowed tu be witnessea ;
and 1 do net remember that ever any objection
was made to their competency, till the case of
the king and tinrdon, when the counsil fur the
prisoner woald have asked the same qufstioo
which is now proposed^ hut the Coutt did not
think it proper before the witness was aworu ;
for no person produced as a witness can he exa-
mined to any matter which only alTects hit
creditf and is no objection to his competency,
till alter he is sworn to give evidencCi and bat
beeo examined.
Just. Poajyjr, Mr. Hungerford would do well
to remember the several acts of parliament
made to give encouragement, by a reward of
4Q/. for the apprehending and convicting uf
every false coiner, highwayman and bouse-
bre^iker; and if a cruuinariu those ofiencea
shall come io, and discover and convict two of
his accoinphces, he shall lie entttleil to a par-
rlon ; and by the express words of ttie 6t[i of
queen Anne^ (»hult have the reward of 40/. for
each houwbreaker, and shall also himseJf bo
entitled to & pardon ; so th»t the i>atliament
thoiirrhi it pi'opcr to give even money as we I
ns :i4)Mrdon to such discoverer. Yel, ever since
the making of those acts, the jier^ms sn pn»-
mised and encouraged, have upon those trials
been admitted as good witnesses tneu betore a
M
1
I
I
1
143] 9 GEORGE I.
this design, are Stephen Lynch and Matthew
Plunkett ; (which last had been a aeijeant in
the army) with whom the prisoner consulted,
and whom he eng^aced in this desperate at-
tempt ; and we shalfcall some other witnesses
to confirm several circumstances in their evi*
deuce.
Mr. Lynch is a |ierson the prisoner mig^ht
have reasonable hopes of eng^aging^ in this ser-
Tiee: he had been formerly acquainted with
one Dr. Murphev, who (I am instructed) was
in the rebellion that broke out in the begfinning
of his majesty's reign : Mr. Lynch having
been abroad, and absent for sometime, returned
into England in April last : upon his return,
Dr. Murphey, his old acquaintance, meets with
him, bids him welcome to England, and tells
him that an affair «»as going on by which he
might make his fortune, and advises him not
to go out of England : that there was an inten-
tion to rise in favour of the Pretender, whoip
lie called his king, and he would take care to
fecommend Mr. Lynch to a person who had a
great part in that affair.
Mr. Lynch having suffered liefore, and run
a great hazani, was unwilling immediately to
enter into any engagement, but proposed, that
if he could have sufficient encouragement, and
what he expectetl as a reward, he should be
willing to stay. Some time after Dr. Murphey
introduces Lynch to the orisoner at the hart
The first time they met, I think it was the be-
S'nning of June last, they went to the prisoner's
dgings, which were then at the upper end of
Chancery-lane; and he being about to remove
his goods, desired them to go to a tavern, hard
by, the Griffin tavern in Hollram. To this
place the prisoner at the bar came, where Dr.
Murphey presented Lynch to Mr. Layer, as the
gentleman Dr. Murphey had before recom-
mended to him ; Mr. L^yer received Mr. Lynch
at that time with great civility, and tells him,
that the recommendation he bad received of
Lynch from Dr. Murphey, made him not to
doubt of his integrity and ability. Then they
entered upon a consultation as to the carrying
on of this desigpn ; Mr. Layer introduced it with
represeuting an uneasiness in the nation in ge-
neral, and liow fair an opportunity there was to
bring about a revolution : But In r. Layer tell<j
him, that one of the first and principal steps
was to seize upon a general, or other great
man (which you will observe is one part of the
■cheme) and upon Dr. Murphey's recommen-
dation of him as a fit man for that service, Layer
proposes to Lynch to undertake it. At this
time Lynch acquainted Layer with the diffi-
culties he had been in, and that an aflair of this
nature would take up some time before it could
be put in execution, and he could not well en-
gage in it without some farther encouragement,
and a reward in money, in order that he might
live easy and well while he staki here. Upon
that, the prisoner at the bar promised hiia sup-
plies of monev for bis suoaisteBoe and ex-
pences, what anonld be neaeanry, besidei fu-
tura fawardaf and id piiMaaoa af that pco-
Trial of Chriitof^ier Layer ^
mise, Layer hath seyeral times !
Lynch with money, to engage him r
fectually in this design, and to support
it. , By these assurances Lynch was p
upon, and then agreed to enter into t
spiracy, and to take upon him the part
that should be signified to him.
Gentlemen, the prisoner did not tli<
a full discovery of the person that wi
seized ; bnt they were to meet again,
did, alM>ut the latter end of June, at tl
tavern: There the prisoner disclosec
witness the particular person who was d
to be first seized. He acquaints the
that the person he (the prisoner) inte
their former meeting, and whom he c
the witness should seize, is the genera
array, the earl Cadogan ; and liynci
find out such other persons as he co
upon, for the assisting in, and effecting
terprize; whereunto Lynch agreed,
then acquainted him what steps were
made in the conspiracy, and that .they
be headed and commanded by a genei
had wit, and courage and resolution, a
were supported by a great many frien
had full power and authority from t
tender (whom he called king) to act, i
was intrusted with a commission as his
and whose orders Lynch was to obey.
The prisoner and Lynch had sever
meetings, some at the Griffin tavern, an
at the prisoner's own house in Old South
buildings, where the prisoner alwi
couragcd Lynch to persist in the undo
by assuring him that all things went \
and that the design was so well laid
could not probably miscarry : That the;
be assisted by a great many officers, as
any motion was made, and that the <
soldiers would declare upon the first <
nity : and being asked by Lynch,
they had no foreign assistance to dep
The prisoner answered, when we bt
business, we shall not want relief, if r
At one of these meetings the prisoner
to the witocss, that, upon the rising, th<
would be delivered up to them, by meai
officer who was to be upon the giianl i
the day of execution ; aud that the p
the Mint in Southwark would come in tt
who, aud all others that shouM rc|»air
party, should have anns delivered to
tod that the whole design should be pu
cution at the breaking up of the camp
would be the most pro|)er time for the
inv wita the soldiers in the army.
liut at a meeting they had, some
August, at the Queen's- head tavern i
Uueeu-street, near Lincoln's -ino-fidlda,
complaining of the delay in pultiD^ fj
sij^n in execution, and rppraafming
of it, and withal prenng IB V-^
general and c
great CM
of dMiri
\ % ccmw^meni tim« should afHer ; i
I iIht uifiti«»i^ thiit he shuuld be I
■MMlnl to thin liglile |N;r»(tti la due time, '
kiB «ii0iB L V r>'^^ **t'*^iU| receive liis onletP*
udog- ills part, aiul
UtKlCl L
'ie 24th tlay of
iich Co ri<le out
, to take tlie a^r«
luid oil the '4!<t>th
^ iicli went lo the
'\ I*yocli to go
he wituetii,
or piiftols ;
:it lie h«d
t^dUs hsurel iLr mii>^ |ur<A, uiicli iho |>ri-
■■0^9 frrrBOi tntglit carry ; tht* prisoner <li-
U* mi
. . i.i
, be-
witli
^MO^ ami titry rente li»|tftlb*T tti wards
in EfscJi, \^kzch waa ttie phtee tliey
111.
wny s« they pruceeded, Mr. Layer
i«iii»«*«M, ihtil tUey «♦'(>■ rft^»ti|if li> the
•I* thf lord N*uth uh«i (.ifs, where lie
i|t as ii pur-
) VVhcu
n tjaVUHi-tloiic,
., furest, the |»n-
k— ,» .. .. .^1 ij f^at fciimethihi^f
Vb*:. IivC44*^' ' ill be too lute for the
Wi ?*"(,- th ami huiii r t nr>d ttccurd*
•19(91 »l tl
ii«ii, 5tiu . the iritnes*
lia* tl ikm |il»r», liif |in>r,rH r uud Lynch had
<»jlku c^tefcuJtJitjfm, tthtrLtntl»€fe Wflsare|ie-
*« Mid cmifi ' the w hole »l*'ftig^n and
^' '^ man, in yiiur coun-
i every prind|«il
I wj|» to }ie c\c-
' 'I unto by
ai the ill*
^ Ml- j)r» junii[i«mN iisjtr: i rr for jt, the
l» br prufUkd mid o\i>ei:lcd from
|, fnim " ■••- '- •'' ' • ui London^
^ .,iiJ of Cadd-
ie tint *i r" jjurprifiin^ the
j*lli« nisnu« ifMl in tlie plin^
•f tlm ti&oer u}«uii ttid
^ froQHrdMi to ronxiri* > ; jirove
4irHjy ind «xeftmbie pwt H ihe plan,
'' ^ktn »\|ffM*ly repeated by tlie pri-
^ i I M^ dctacbtoeat lo «dice
nwji iienlaMd Itia r
CDgvgcd & |>er>
^ 11% BIr, Lytidj, in ruf Lt^
I'MHCa^^pmi and |:k<
- 1 ,U»ti "-
pressed his wi«heii »o to hrin^ matten* lo beai>
thalftlr. L>nr' tt" -' r 'Irr--- ♦: ■ *hr ^ole
direction in ;< ne
r»f ♦.' 'I-^^- .;ilt|
aii«: :ic8
of ^La- , — ■.: -.,-•- \.:..^ .-, ['.^.!'-^J ■L-u:Lilia-
i»ii>ner ot the treafioi'y.
These }ter«onst moat immediate I \ intrusted in
his mnjesty'a service, wtte in the finit pltoc«
to be sci/ed, iii order lo fueilitale lhedrsi|2riJ, and
to tnake tl fuccerafuL liy this mean^ the etm*
ii|iirAr<ir-* were to iveakeii iuu maje>^tv*« [K)iver
of ddending himself, Hhen they hatf deprived
iiim of his g'eni'ra), nho was lo commaJid and
Ci»i ' *»*niy ; of his two secretaries, who
U( iiiiin and carry on hiii iDtelUgeiice i
ami Mi utt litsi cotun)i!^sioner of his Ireasitryy
who wus lo take care for his supply.
At thi^ pNce these things were debated and
cofiMthred beiwven them: Mr. Lynch tbea
p lut I Htnpiiijut^il ot the lung delsyf nnd%vished
;iff air mif^ht lie curried on with more ex-
1 : the prisoner thought no ttitie so iitti*
jier a»j the hreakiiiif up of the camp, when tWy
rni;;ht he supplied wtih soldiers; v«h hcuaa
willioir to heitr any proposal troro Sir. f^yoch,
Mud dmred Mn ijynch^ thtit if he could think
of any speedier mcihodf or t>v*tter sclifine, lolet
iiim know it : hnt the wiltit^ss was not capable
to propose any wny nioie proper^ than what
htid been a^reeit upon the tool of the plan, as il
had bt'en explained by the prtsooer himtiellf
and therefore IVIr. Lyiteh ivcfjuieiced therein,
(lentlenien, at that time^ and at the same
l^ditcr, the overt act laid in the iudicfmc nt, of
fjublishinjf the ti>*asonable writin«;, was coio-
loilted ; which Han a dechi^ton framed in the
ha(uf\^ntiti|f of the prijionery to b« published
luiraethately on the first breaking out of the
conspiracy, to excite the king*s>*nbjt«tsto take
up arms, and to rnter into a rebelhon agnififit
hini; and that it mi|i;ht have an inf!uenee oil
the army, where their Im>p« were ptaci*d« it
took noUce, that thf* kiu^s getieral was sti£«d|
and in their custody.
Iq this deciaratioii particular rewards are
promined to llie horte and foot iu the army ;
different alio waDcea •re made ; to e%t'ry horse-
man and Serjeant three f^uineaii ; two g-uineiui
to every coriiorah and one njuinea to rvcry
comtttuo m»kher : all had promises of etiooti*
tmjpMlillli^vour, ami future reward.
Geotlrmco. nOcr this wa*« reitd, the prifiOQer
put this n up into Win jmcket a^^n ;
and ait> < he acfpininted the witness)
he hiniseh in»il#» atx ahcmtion iherifia ; it «mi-
liunn^at lir%i a ^fufrn\ inviifitsoti to a revolt*
hutwaanol<' of any narli-
cularperscm. ^ thoiiifht til
aAerwardsio alter U, (ua he iiitormed L}rnch)
iktvii to make it ill the aatue of the t*reie»Kler,
aL% king.
t.'r riileroen, thoujg'h tb«r twptt audi ^xftretm-
were fouodeil On eorru|!^ctg' and drbkucb-
the unny ; I meali«in ii only, as it was their
tinti and de«gti, without any iitspuia-
hoaoar or fidelity of the ^ntkiiitii
4
4
147] 9 GEORGE I.
of the army : but peraons who undertake an af-
fair of this nature, are always fbrward to ex-
pect their desigrns will he auccenful.
This, (gentlemen, which I have mentioned to
you, which will be more fully and particularly
given in evidence to you, ap^ainst tlie prisoner
at the bar, was transacted and committed in
the county of Essex.
My lord, this will be evidence of most of the
overt acts alleged in the indictment in the
county of Essex; but we sliall confirm this
evidence by the confession of the prisoner,
proved by two witnesses, in whose presence he
acknowledged the several facta which will be
charged upon him in the county of Essex, by
the testimony of Mr. Ljrnch ; and shall make
proof of other overt acts m the county of Mkl-
dlesex: for it was impossible a design so ex-
tensive should be confined to one or two parti-
cular places within the same county: their
consultations must be transferred from place to
place, as opportunity offered, and as they
thought most conducive to the purpose they
were engageil in.
But the facts I have mentioned were tran-
sacted, gentlemen, in your county. After the
Jirisoner and Mr. Lynch had settled these af-
airs at the Orren-Man, they went to the boose
of my lord North and (jrey at Eppinff : they
■taid there all night, and dined there the next
day ; the witness was introduced and presented
to his lordship by Layer, and was civilly re*
ceived and entertained; and the prisoner at
the bar, as he and Lynch returned tiome, ask-
ed the witness how he liked his lordship, and
assured Mr. Lynch for his encouragement,
that be had greatly recommendeA him (the
witness) to his lordship.
The prisoner and Lynch met a second time
at the Lord North and Grey's house, where
Lynch declared he would withdraw himself,
if things were not put in execntion ; to which
Layer replied, they would be sooner put in
execution than Lynch imagined.
Gentlemen, you may perceive, by this evi
deuce, the prisoner's e'xplanation or the whole
acheme, and his execution of it, so far as was
in his power ; though, blessed be God, these,
or any farther attempts of this kind, have not
hitlierto prevailed.
The prisoner proceeds farther ; and the next
witness who will be produced against him, is
one who had been a serieant in the army,
Matthew Plonkett. Plnnkett had been for-
Oierly acquainted with the prisoner, and doue
him a piece of serrice ; he was made use of to
fescue some eoods, when they were taken in
execution at Uie house where Layer lodged,
which was the beginning of their acquaintance:
this, with some other recommendations from
persons engaged in this design, induced the
prisoner at the bar to make oficrs to bim, as
you will bear from the witness.
In June 1722, another person of the same
name, one James Plonkett, was directed by
Mr. Laj^er to go to this seijeant Plunkett, and
dmn him to meet Layer ftt tha Italian eoAie-
Trial ofChridopher Layer ^
[148
house in Rnssd-eonrt The witntas eould not
at that time, at least did not think it proper to
gfo to the place appointed ; but a day or two
after, Mr. Layer meets him in Lincoln's- inn-
fields, and takes him aside under s gate-way
near Torn-stile : Layer then told Plunkett, he
vrould inform him of a matter that would be of
Ciat advantage and benefit to bim ; thero
yerlet him into this conspiracy, and en-
gaged the witness in it, not only by aasaranea
and promise of reward, but by actual reward
and money given him ; and to induce and to
encourage Plunkett the more. Layer acquaint-
ed him, that there were several peraons of
great estates, who were resolved to rescue
themselves and the nation from the calamilici
and slavery tliat they then endured; and that
they intencJed to bnng about a revolution, and
restore their king the Pretender ; Plunkett ob-
jected, that the Pretender was a Papbt ; bot
the prisoner replied, there was no diflference
between a Papist and a Lutheran king, and
therefore, that ought to make no impression
upon Plunkett, to hinder him in joming to
bring in a Papist.
The prisoner enquired of Plonkett, whether
he had not an aconaintanoe in the army witli
some officers, and the common aoMiera ; and
then engaged Plunkett to levy what peraons be
could into their service ; and when tne witnsi
told Layer he knew twenty or thirty serJMots
in the army, proper persons to be applied to,
the priaoner gave Plnnkett directions to nake
apfihcation to them, and to have them enroll-
ed ; and at that meeting the prisoner gave the
witness money for his encouragement ; and as
they had several other meetings after thif, to
provide and levy men, the direction and em-
ployment given oy Layer to the witness, was,
to take care to find out their lodgings, and to
make lists of the men, of their names, and
places of abode, that they might be ready upon
notice.
The prisoner not only emptoyed Plunkett to
procure and enrol as many as he could get,
oot gave him money for one particular person,
one ChiM, who had served m the army, and
who waa recommended to Laver bv Plunkett,
as a person that had been diaobliged by having
been turned out of the service ; Layer himaclf
gave Plunkett half a guinea, for to give to this
person, to engage bim in thia conspiracy,
which Plunkett accordingly paid Child : Layer
likewise ordered money at other timea to be
given to Plunkett, and at one time particniarly
acquainted him, that the prisoner had left a
gumea with one Jefieries a non-juring parMn,
to fjive to him, who had given Plonkett bat
halt a guinea.
The prisoner at the bar, to eoconnige P1ud«
kett, acquainted him with the perMns wbeiH
Layer expected to join in this oonspincy ; and .
asked the witnesa hb opinkm of aeveval ; the
witness will tell yon the nanaa of the ponaaef
and what answers he gave ; pnctiealulyithaft
Layer asked him what betboaghtor.tbiliiid
North and Orej for aa.aao«.t».MaMW^
fof Nigh Treasan.
%mAl Thmm^kJUtm tntwered, though h« h»d
Mrred amler himt he luoked u(>oq \m
1 DMeliiifl^s at s<;veral times^ nhea
VMnl bitii, ih&i thiii^ were in m
f-f«rw«tti5«if, though It wiij* nut yet a
!*• i^iii ilictr «J(»ign III ex^^ulioti : but it
\%eW. thnt it could iitit miiCarry ;
. tbc r 'Mooud wjts lo cume waU a
Eiih.^< antj (iHfte^rv ; an«i that the
■ Ibad h«firt» liifecovercd to the French aiii-
%vUo haii (riven iaidligeuoe thereuf
Mjesiy, vr d«e the atfair h«<i Uteea done
\ IHunkett wft« emp1(»ved, fmm time to
» |X«(»*ce hft« of, auu to collect anil eti*
penoos to go on with this deiiigD ; and
ijp tt number of aetrjeanis, about 35«
(rom the ftrmy, the |>ri^>nt!r
Plankett to go imme«hately tti ihoti^
] take core to secMire them.
iraitorouB cx-msults aod
were in July and August : aod
irill acquaiot you more j'ully with
I ponicuiar«. There vraa one encou*
{ f*hich the prisoner guve to this wit-
wrn^ itiiicli he did not tuention to itie other :
Itftiilil Flnsketi there would be an army of
INiek to come over in aid of his majesty \ but
\ ahouUI aee a Dumber of half- nay
, «if»ociftlly tbofte of the name of Fitz*
m ike sjJe of hiii king (the Pretender,)
bH llMir CNMild not doubl of succeis.
^mmmtm^ niKler iheite encourageunentsand
, aod witia these rewards, buth these
s» tbe two witne«^ea» were engajjed h^
^ lo enter into, and go on w iih, this
tbf prisoner met ihenn a^»»rt from
rtatime; they concerted and carriod on
a oa they thought prDjj^r to exe-
oie tkis dcaigii^ ufK>n the foot of the plan,
en tueutiunedy and will be pro-
I lit jon.
w^ have produced the ichetne, and
dmtuioed these two wknestte^, who
I flee j«ii ai account ot the pm^^rt'oa which
prWOtt' tnade in thiji treaaon ; we bhull
etw oilier plain and erident pruof, whiih
\ ieOMNMlnt* the Ireaaonable itiUrnt of the
r •! Ike bar» and liit ho^^es of (tuccc^.
W«i ekAll profe thai tiie prtaoner had been
ti Hamii, aad by hia own cuofessiun, that he
bi eMO Um Pret«uder, and had confcrenoea
Mm^kuSk proife thai the priaoner bad blank
pmmimmfj notea, or receipts \m tnoney* signed
vili ite FrHetuier a «jwu hand, by the aaauioed
lib «f Jamaa Ilex, founii iimongit Layer'a
■lytn, lakiicli were remittal to him from
MM^aml which he has 1 were
telurer lo liim, for mitiM carry
•ilbecAiaea irf the Fr<:tciiiH i i uis is ci sti-iMi*^
mkhmat <lC Uhi tnui mnA crctht reposed in liioi
la dsoalt^ **"'' ^-'^^piracy; ihai the prntoucr
bap(r%et4 ^uated; thf« rcct^iptx Kre m
Uiw^ saMl ^'^ , :i»oner bod power to raii^e
Mmtf 9m liianif Mid lo MX \k^m up wttb
A. a 1722. [130
aueh tnma, as he thought proper and necei-
sary.
Genilemenf on I he examination of oar wtt*
neasea it will appear Uiat >1r. Layer declariHl
be hid ex|iended i^reiit aurnsi of money in thia
affair^ and that he has made it an e.^cuaie, » by
he hitd tkvl money to iupply some demaiutay
because he hud disbursed tio luucli.
This therefore was lo be his fijll power to
raiue money toward* bringing the Pretender to
the throne.
Besidea these receipts, he had furnished hinw
self with lists of the othcers of the i^rmy, io
order t>> know the nit nation and condition of the
arnty,and to coivsider what adraiUa^e he could
make by any of those in the tUt^ : he had pro-
vided bunserf with lists of the otficers cd ittd
Tower, which we apprehend was to render the
design of sei2ing the Tower, wlten their fnenti
the ofBcer was on the guards more probable and
hopeful.
Besides this, we ha?e letters which will be
produced, that pa&aed bet w oca sir VVilliain
Ellia, an adherent of the Pretender^^ at Rotne«
and Mr. Layer, by the name of Fountaioe, (a
name he went by) encouraging him to go on
with this design : we ha^e the cypher, anti the
explanation of the cant words uaed in those
letters. In one letter £ili^ says, the best me-
thod of carrying on tl*e manufactory (which ia
the insurrection) is to get gooi] workmcu, (by
which is meant sohiiers) and particularly to
gain some of the ablest of Mrs. Barbara .Smith's,
(by Mrs. Barbara Hmith is signified the army)
and this wouhl be very agreeable to all con*
cerned, particularly to Mr. Atkins (which by
their cypher or key is a nanie for the Pre*
teudett)
And in another letter there is particular men-
tion of Mr. Layer's iuteiided general; ) on will tind
in the letter an explanation of him« tims ; that
he, who tlip prisoner in his letter called Siiiioo8»
and described asa teuanli though his name was
not then found in the rental, this writer b*?-
tievcd he should be called Simme$,and say^ he
is of the Norti), a grey *h aired ancient uiaa, for
whom his frieud has a particular esteem and
value, as a very good tenant. This is the de-
scription, and this is the cant that pass«d be«
tweenthem; the eKplauation you will ii|»pre-
hcnd, by the cyphers that were found amungsi
the nrtsooer's paperi>.
Mr. Layer was not wanting in oilier prepa*
rations for this attempt; for he had jtrovided
arms in his own house, more than he could
have occasion for, as a private subjtxa; he had
several mnskets and other fire-arinn; he had
forty or filly cartridges, hHuled with bullets^
ready made up far m manv discharges, which
might be delivered out to the ^reoplc who should
come in to them : it he hud any use for KUcb a
ijuantity he will «hew upon whatocciu«jtm.
The discovery of \\\v tacts made hy the wit-
oeasos occ^asioned the apprvheudiiig Mr. liay«r,
in whose house these arma wera likewuMi
seixed.
Mr. Layer tf as to coosdous of his owo guUU
I
I
4
I
ii
i
151]
9 GEORGE I.
Ttial ofChrutopher Layer,
[152
that aAer lie was apprehended, he made his
<>8cape out of the custofly of the Diessenger io
whose house he was placed ; he offered a great
reward to watermen to carry him off: this is a
demonstration of his guilt, Irom the con?iction
of bis own conscience.
Gentlemen, there are some other matters
and papers which it will be proper to offer to
your consideration ; and most of these parti-
cular facts, which I have mentioned, or the
most material of them, have been confirmed by
Mr, Laser's own confession which he iiiaile
upon his examination before the lords of the
privy council. And when we have hiiil before
3foo'this evidence, as according to my instruc-
tions we shall very fully, I do not doubt but
that yoo will do your duty as liouest men.
Yfe do not apply to your zeal, as yon are
Protestants and Lnglisbmen ; but upon the
weight of the evidence, we shall appeal to yonr
justice, to your oaths, and to your consciences,
whether u|m>ii tlie whole pnx'if tii be laid before
yoQ, ]^ou will not remain fully satisfied, that
the prisoner at the bar is Guilty of the high-
treason whereof he stands indicted, and then
that you do find him so.
Att, Gen, May it please your lordship, and
you gentlemen of the jury, I am counsel on the
same side for his majesty against the prisoner
■t the bar, who s^nds radicted for high-treason,
in compassing and imagining the death of the
king. The preservation of Uic life of the king
is of that great importance to the safety and
|yro8perity of his subjects, that even imagina-
tions and intentions (which are but aou of tiie
heart) to take it away, manifested by overt-acts,
are an offence of the highest nature which the
law takes notice of; but as imaginations and
intentions of men are secret, and cannot be dis-
covered but by their actions, there inuift be
proof of some fact done in order to carry such
intentions into execution, to make the offenders
ffuilty of treason : therefore in this indictment
five several overt- acts are laid ; the first is, that
the prisoner at the bar proposed, consulted and
agrrad with divers persons unknown to the
grand jury, to raise an insurrection and rebel-
lion within this kingdom against his majesty ;
the second, that he published a traitorous writ-
ing, purportinijr an exhortation, encouragement
and promise ot rewards, to persuade his roajes •
t^'s faithful sulijects to take nn arras against
faim ; the thinl, that he pmu«ise(i, consulte<l and
agreed to set the Pretender on the throne by
armed force; the fourth, that he listed men to
levy war against the king ; and the fifth, that
he proposed, consul led and n;rrfed t<» seize and
imprison his majesty '» sarred |>fTM)n.
Gentlemen ot the jury, y«ii ivill readily
agrte with me thnt nothiiig can he inoredreail-
ful to a true Hritfin m ho hath anv regard to
hiinsc;l''or his posterity, or love to Lis country,
than the fa*al conMei|Uenc«^ that must have
inevitahly aitendeil such wicked designsy had
they been carried intp executioa with sooOMix
aupposearebeliioa bsdheio «iiy ttlirt, t>Hit.
could any man have expected from a rebdlioa
in the heart of the kingdom, but plaodcr aoi
rapine and murder, a total suspeoBMi of all civ3
n^h% and as long as the storm bad oontinaed,
a just but terrible apprebensions of aooielluBlf
vet worse to come : This would certainly have
been the case, though the attempt shoubl hara
been disappointed at last. But bad k beea a^
tended with success, had his UMJesty's sMni
person been seized and ioiprisoiied, and hai
the Pretender been placed on the throne, whit
a scene of misery had opened ! A mild adan^
nistration, goveroe«l by the law of tbe^ lasHl
under an excellent prince, and as just aad loar*
ciful as ever wore the crown, must have given
way to arbitrary power ; all vour estaln aoi
properties must liave been at the will of a pro-
voked and exasperated usurper; liberty ranst
have given way to slavery, and the best of re-
ligions to popish idolatry and superstitiott ; aad
this, humanly speaking, without any prospect
or hopes of relief: Nor would lliese dresilful
calamities have been confined withinihe boundi
of the king's doiuinious, for should the preaeot
happy estaidishnient in his mnjesty and his
royal family (the chief bulwark and support of
the Protestant inUrest) be destroyed, the Fn*
tetktant religion in general must be redooed to
the lowest ebb, if not totallv extinguishod.
This is the nature of the crime, and Ibaso
some of the fstal consequences that most havo
ensued, if the de^sigus charged upon tho pii-
soner by the indictment had took eflect. Ml
whether he is guilty of this great uffs
is what you, gentlemen of the jury, i
to try.
My lord, it is my part to open the oatoiw of
the evidence that we shall produce to provo the
several overt- acts laid in the indictment ; and
in stating it to your lordship and tho jury, I
shall follow the course of time in which the
facts were done, that the case may be more
easily apprehended, and shall opni notlitrilg bol
what 1 believe will be clearly verifietl by proof*
I'his prisoner at the bar, though brou|(iit up
to the profession of the law, and a pracCiser is
it, went beyond sea in the vear 1790, aod at
tlie close of that year, acconliiig to our stile, or
the beginning of tho yesr 1731, arrived at
Rome, H here the Pretender then was; while
the prisoner was there, he piocured himself to
Im* iotro<luceil to the Pretender, and had two pri*
« ate conferences wiiii him, in which (but by-
what niftliods or representation is best knowe
to hiinseif){tis plain he ohtained the Pretender's
gomi opinion so far, that he thought him a fit
l»ersoii in whom a confidence for carrying oa
any designs sgainst his majesty, and for setting
himself on the throne, might be safely ra*
\wieA : For this purpose a correspondeDOO %raa
then settled between the prisoner and sone:
persons of distinction about the Preteeder, and
a cypher of names, of persons aod tbingi wa»
agreed on, in order to carry this eorrcipondenea-
on. The prisoner retnned to Englandabeni-
Jnlj mif liter whiih ha wril leilHi la M
oat irtm thecic«, wbcretiy it «
t will ftppear, tbftt
eoQsidcrable piiit
eftfT^rtiT^ on to bring the
p9l0mdm m; mmI ftllbuunb lU^^e letters are in
i^amaod cant lertnA, mod iictitiouii names,
^ If Ikv iMlp of ibe c)^|iber, and from ttie
wamm id iIms toUtw UimMlires, it irill easily
underKtandiof^ for ivbat
writ : Ttitfl cypber and
|ifii9e to biife bt*en found
Vte tMfiertf wbicb were mmteil
tutmnimi, and your lordsbip
[Tilf lit jmy wiit tee, nbeu they come to be
Mattel poiwiibfttiftoding the obscure terms,
1^ i» aiysterioiti expraMiou* inaerted to
teife ite eye of the remleri whev cooi pared
•^ ^kmryyhtr tbey will be •oiuteUij^ble, that
^tj wdi ht m. |>Him (%f ideate that a design was
oo of raising a ^nerai rebeliiofi in
^ Uie Prelender $ for which purfioaes a
iflffwaa prepared, which we shall
^ liAre YOar lordaliip and I lie fifentlomen of
4fcr|0fy, ifiai WIS likewtte found aoioog the
fOMer** fiapOT ; we shall prove it to be writ
^bb^ewo hand,
llr.8v>}«uil Peo^lv openrd the nitureof
^•^ia« very folly, I flball not trooble your
MiMfia Willi a rcf petition of ^vbat be sard ^
I AtfOCDC* to be read it wdl appear to be
olMlitei §^ m |[%neral rhtm^, it will prove a
ipsel liawgw to aeise the Tower » to seize
fummB iw (teait itatioQa^ to seize the Bank, and
tt^ at ImA Io aetZ47 the person Qi the king^
fo setae his royal highnesf the
rof Wales. Thi% we apprebeud, will W
f mimcG of the oxert-ocUi laid in (he
, wmI WfU confirm the testimonies of
\ m\Uth we shall prod ore,
if* two witnesses we »ball call to
m aeerl act* laid in the indictmeni,
^tf kmwm already bcc-o mentioned to your
lbHki|»| Mr. Mil fiiir-n T.vni h, and tcrjeant
** ' '^ Plimt' 1 1 will prove the
hctment to have
aieil on«*r in the county
tslier* unent was fuuod ; as
» ttf ihe »tiu»e iijiliire committed
i m the comity of Mtdille«frx> Hut as it
tio fall dircvtly upou tbe proof of
witboul liriit pniving' fuime other
iMto^ w«y i»f iutn.^i ',nw the or-
tMMHprbHween M :epnioner
■ lilif beffaa, and hi'v wry came ti> be so
» Loriit4!'r trilo a lieKitrn of thii nature,
Will giva your lord>»)iip« »ml (be
ai i that there had lieeu anjUHint'
tliis Ml. Lynch ai^d one Dr,
Nbrf^sf siflK or nine years ago ; that they
r*'lK-llion which was
'<i rei^n; aher
r youo sea, and
' d in Eng-
uince con^
"c nut altered;
, liey, Dr. Mur-
ttr^n iTiftiiMMird U> your lord-
fiUOO in tlitt outirt iind is not
now to bf fontid, btit bad a great acquainianee
with the prisoner at tbe bar) told liim be bad
sometbing^ advanta^ous to commumcate tt»
hi m, and ap|>uinted a meeting next morning at a
coflce-honselu ( '(jrabiil, where ibey accord m^ly
raet ; and Murpbey then advised Kim not to go
out of Englarto, because be had an opportunity
of making his fortune, tellings him there wt»UHl
he a general rijiinff in favour uf the Pretender
(whom be called king) aiul that it wjts carried
oo bv gentlemen of note and credit ; and if h^
wonid accept of the KervicCf he would rp^oiii*
mend him to one greaily concerned in that af-
&ir ; Mr. Lynch, after cousideraliouf agreed to
stay. — ^At\er several other meetings belweeii
this Dr. Mur|)hey and Mr. Lynch » at which
tlieir discourse generally turned upon this in-
tended rising: about the bf ginning' of June,
Dr, Mnrpbey tntrodaced Wr. Lynch to tlie
prtaoner, as a person tit to be entrusted in the
mtended enterprise; they went to the Grtfiii}
tavern in Holbom ; !VTr. Layer there expressed
tbe good opinion he had of Mr, Lynch upon
the character he had received of him from so
good a friend as this Dr. Rlurnhey. They soon
entered u|»on bu!»iiies5^ and ttic prisoner, after
having made a ri^ presentation of the uueasiness
of tbe nation in genend, and of the tair op-
portunity there was to bring about a revolution^
proposed to f^Ir. L^iich to setxe some general ;
to which tbe witness agreed. After this they
had several other meetings^ at which the din*
course turneil upon the same subject of a ge-
neral rising in order to set the Pretender on the
throne, and at one of them the piisonvr de-
clared he intended Lynch should %e}ze the earl
of CJadogan, and that the scheuie was laid on a
souikJ foundation, having a ^reat nisiu at tbe
head of aflair8, who ^^ anted neither wit, couiuge
nor rebohition, ai»d he would be backed by his
friends. Several other proposrtionfei were made
by the prisoner tending to the same end ; to all
which Mr. Lynch a»^r«'ed, and ihey con>»ulteii
how ihtry mi^ht put those thmgis in executiou.
Id July last, Mr. Layer went into the country
tbr fnurteeu or fiftern dayfi, and alWr his return
in the beginning o» AogUMt, in pursuance of
what the^ had ctinc«rrl^il| [VI r. L\ncb and he
went to View the earl uf Cadogan*s house, to scflt
hnw practicable that design of seizitig him at
\ns hou&ti was. Mr. Lyneli thought it feasi-
ble ; but he grew uneasy at delays, anil fre-
fjiiently told the prisoner thai hi^ circumstances
would not permit liiin to rnntioue here at bia
own ex|»f^ : '' t retort* to eitcourage him to
i»ia\, ftik'l tn the design, Mr, Layer
gnvehiiii.^ iimsof money.
My lord, upon the '24th (d* August last, tbo
prisoner and Mr. L^ nch iigreetl to rideou> the
next day to tsike the atr t on thi* 25th » accord-
ing to appointment, (which hringH u^ no%v to
the overt- acts in the county of K<sex) they
rid out together ; the prisoner thought it proper
to ride with armn, allegiug that he had things
about hill) he ^«outd not lose for any thing m
the worliL Upon the road he told Mr. Lynch
they would go to lord North and Grey's^
I
155] 9 GEORGE L
with whom the prisoner bad the hoaour to be
well acqimintecl, ami be woiilil present Mr.
I'yncfa to my lortl as bis itarticular acquaint-
Alice. 1 1 hAppened to l>e toti lata to get to lord
North and Grey^s b^' d inner, whereupon they
put in at the Green^AJan near Epping forest,
whichi genttemtnt Uat La^^ too* St one in your
county. Dinner not bein^ ready at their com -
iug; thttbrr^ the^' entered into conversation on
the former topics, and Mr. Lynch di^iriu)^
to give bim &ome in^sifirht into the scheme
that was formed, the whole subjeci matter of
Ihejr former c(insu1lation« and discourses were
repeated about seizing lord CaiJog^u, seizini^
the minister* of atate, of g'eitJnf^ part u^ the
army to declare for them, and for seizing the
Itiug's person ; and tbeae thiniy^ were then
agreed to by them. At this place it was, tbst
the prisoner pullet) out of bis pocket, and
abewed lo Mr, Lynch the traitorous writing
laid in the indictment, >thicb was a declara>'
lion to encourage a general ritiinof, writ, as the
witness lielieres, ia the prisoner's ovru band ;
ttod that part wliicb contained the pronusea of
rewards lo be given to the soldiers and other
persons to encourage Ibem to come into tbeir
deiigns, was readby tbc witness; after whicli
Mr. Layer took bis paper awny, and put it up
10 ht« pocket again* My lord, wben they had
dinedf they went on to lord North and Grey's
bouse (whom your lordsbip will bear men-
tioned by the evidence as tne person thought
on to be general in this undertaking) ; they
staid there that mj^hl^ and dined there next
day, and afterwards they had a second meetiog
at lord North and Greyed. Your lordiibip and
the jury wiil be pleased lo observe, that this
evidence will be a full and positive proof by
t\uH witness, that the overt- acts by pubbsbiug
ibis traitonms writing, encouraging persons
to lake up arms against bis majesty, of ibe
consultations and at^reeiDent to levy war, lo
•ei tbe Pretender ou the throne, and to seize
liis neiajesty's person, were done at the Green-
MtDp in the county of Essex : and this will
likewise be an evidence, that all the overt* acts
laid in the indictment (except publishing tbe
traitorous vtritiag) were done in the county of
Middlesex.
(Hy lord, tbe next witneKs we shall produce
is Matthew Plunkett, formt'rly a seijeant in
»ome regiment; be had been formerly ac-
qnainteil with, and bad l»een serviceable (otbe
prisoner, and was very well acquainted wiib
one Jarnes Plunkett, which James Plunkett
was a great acouaintance of tbe prisoner's.
This James Plun Kelt desired tbe witness, Mat-
thew Pbmkelt, to meet tbe prisoner in July
last at tbe Italian cotfee- house in Unssel-court,
which tbe witness could not comply with ; but
the witness met the prisoner tbe Sunday fol*
lowing in Ltncoln^s-mn- fields; they were to-
gether near an hour, lh« prisoner gave bim
an account ol* the intended general rising, and
asked Ibe witness if be knew any otd serj crania
m soldier !j who can discipline a mob, agreed
with lum to procure ^udi^ meuLioufid to him
Trial ofGhmi&phw Lot/er^ [ 1 50
several persons fit to Lie al tbc bead of ibbi
eolerprize ; and in ord*'r to make bim ditig<*ai,
be gave bim at that time half a crown : iia«|
money was not only given bim at that time,
but a promise was made io him of lurtbor re*
ivards. The prisoner having ocCDHiim ti* ^o
in the country, one Jiffi eys» a no«iiini*|£ vimr*
gyuian, was sent to Matthew i'ltinkt-tt by
Layer (and ibis fact tbai I am going to op«;«
must not be iMirely coiisidered as an a^H tie«
tweeu Jeffreys and Plunkett, but it wiU b«
brought directly home to tbe aut of Layer
bimseill) Jeffreys lold Plttnkelt hi» cam«
from tbe prisoner, and that be was eoipJoye^
by him to go to such as the wittiess vmIl, wb^
were old seijeanis, to get a ntiinber of ikeoi In*
getber to dbctpUoe the mob, in order to tbe ge»
neral rising: the next day they met again,
and hail (he bke discourse, and Jefii'eys gait
Matthew Plunkett half a guinea; and what
brings tliis borne to the prisoner, is, Uiat btti
told Plunkett he had left a guinea with I ha
nonjuring parson to give him, and talkeil witli
him on the same subject that Jetfreys had dia«
coursed tbe witness bdbrfl. But iu tact Jcf*
freys dtd not give Plunkett the guinea, bec^ve
him but half a guinea.
My lord, atler Mr* Layer went out of towti,<
Pliinkpit gave bim an account what progrcas
he had made in theatfair. Plunkett told hi«ii
that be bad got several old soldiers that woulil
bear a part in this business : the prisoner atid
he must take care lo keep a list of ibeir nam«t»4
and tbe places where they bved, that the/
might be in a readiness when they fihoulil
have occasion for them. And on KJunday Ixffort
tlie prisoner was lakeii up, be told lUJi
Plunfceit that a great many of bis countrymiatL
were turned out of the guards, and aj»ked him,
if he knew where tbey lo^lp^ed ; and upon ih^i
witnesit'ti answer ihal be ditl not, the prisoner
directed bim to take a list of their namen, and
places where tbey lodged, that he might hate
them when occasion required, 8o lliut iim
is Mr Lynch a p4>sitive witness as to tbe ov«f«*
acts iu Essex; Mr. Lynch and Mr. Pbiu[
(losilive as to the overt- sets in Middlesex^
tbeir testimony confirmed by the scf
under tbe prisoner's own hand, and
iiapers, which we shall produce, found ai
lis papers wbi^^b will leave no room to
of the truth of their evidence* Besides, ray
lord, tbe prisoner boing seized in Heptembef
last, we shall give an account when he waa itt
custody of a messenger, locked up in a rooia
two pair of stairs bit^^b, be made a shift to niika
bis escape, got to the water- side» and goi m
scuUer to carry htcD over the river ; he aolii*
ally got over tbe river, but be was relaktia
again in 8t. George' ■> fields, and brought back
to tbe messenger, and offereil very considerable
sums to tbe persons who retook hiro to let hinr
go. I believe it is hardly to be imagined, a
person perfectly innocent would venture lo uei
out of a room two story bi^h, and in the
manner he did, and offer to give such a retrard'
la the persgu9 whg retook litm to ki bun g«i
rOv«f«.
Inukii^
M
kdoaBn
«fvb»
fm High Trcmm,
b^eomeSoas to liimacirthat he
T^iit ilAHifpr. There were like-
in bis hfiuiic arms more tliau n^<
fbr bis iiB€, mod which he has con-
MPTO lo lie uted d' thero had been a
iljicfrf, to ccirrotiorftre the IcgUmony of tlie
•ita««s, we »!i-" '-^ hefore yaur lunUhip
■ii ill* ffratlcv hf* j'^^'y* *''^ fie?eral
S«4ieli Wk,^ . ,;i,;.3, I mAv s»y, i» Mr,
i«Mciclv; I lion't stiy tfiey were ac*
Ako »fi Itiri < u'UmIv. ImiI it will come to
ll*««»ili livtTctl them in
iM^nl' I ' wiiiiesfl* whom
•9 tAflil ^rtMiiicet with ittrcetions that she
ibM4 rnkm |wrlieiikr care u1 tfiem ; and they
^tmmkm^ to li€r eii«tody not lon^ after the
favw Wfltft cofticnilted to the eu^torly oi' a
#b« WW drcry one of them inarkcsii
itttio dei'/cd them, and marked
41' : ilierr' une not noly the scheme
iatli»cjpben And letters mentioned before,
pfomi««iry notes subscribed by
thene prominsory notes run,
mmleA^ to have received from
tbe nm of irljjch sum
(o r«|»ay with an interest for it at
I of fierann* James il/
^y 10911 imtf^ftef if there was nothinir
e^plftin tbem» that these notes were
IT iiO<li(f)^? Every body roust believe
ry wiPwr ttit4*nderl to be made use of to
jtiiy 4o tl»« coiit|itr«kry ; hut we tth all shew,
r-t own coiife«siioD, ihnt they
' to him by sir Williiim HUii, in
lie iiMiie use of as occasion s lion Id
, 40 l»f«ilWili^ these designs tn i'avour of the
AfiKMig these papers several lists
^mf-^shMmd whidi will be |ire>iluceiK some of
aiMdi amfeain th^ tttiinber of the othcers anil
#<betfctifr< in the ^anlk^ some the names
^srtiiff •iSccrx and soldiera^ and son^e the
iHifaKr fif ttic officsem belonfpng to lii« Tower,
b»«l Iw untoedi that in tome of those lists,
A«v mn iki* nainfii of seferal fiersona of as
r, loyaHy, aod fidelity to bis ma-
ft aa any anl^^ecta his maj^ty hath ; yet
itiaae lists could be for itothmg'
t an infoniiattori tif th*' iinml)cr imd
• iif the pimrins in bi^ mujesty'ii ser-
iiM atmgih of his itiajssty^a l
miffht be (ziveti and
'T-' tind that ihrre
AH iheif coidd
"i«<» the Pre-
'f pot any
- tlieaie li^ia
Hj. hr Will have an op|mrtunity to
' tlimjT* ^'*''"^'^ provj-d, I appi'ehend
' prisoner
' ittU It.' cliari^i'd
Jiia ttiidiiameiil , but U^kiiile^ all tfiis,
ne Ilia l90Bf«sati>n by two witnefiRes,
tkm% on4lfr*«»inl i virv ovi r»
, the BC-voml Ir^ins^K i:
" ' ' nili i^ve ftCK^oiiiii oi,
I I bite matitioticd
m fintwri!
A. D. 17'i^ [168
/ before. I shall conolude ^ilh tbts^ fi^nUemeii
of the jury* that H* we make out these facia
as they have been opened, and according to
my instructions, 1 have no reason to mske tlie
least question of it, il must l>e left to your con-
sideration whether the prisoner at the bar is
Sfuilty of the offence for which he •rtandu in-
dicted or not: if you shall be satisfied by the
eridence that be is» I do not doubt bnt you will
do justice (which is all that is de&ired m you)«
and find a verdict for the kin^.
SoL Got, if your lontship pleases, we will
DOW proceed to examine n itnesj>ea ; and we
desire that room mny be moile for the wit*
nt/^^en to ooine itito court. Call Mr. Sleplioa
Lynch.
L. C\ X You tnust make way there.
Frisoner, My tord^ I humbly desire before
this witness he sworn, that he may be eAauiined
upon a Voyer dire, whether he bulb not s
promise of pardon, or some other reward for
swearing against meP
L» C, J. Sir, you cannot ask him that
question.
Mr, Hungerford. I hope we shall be at li-
berty, and hove a right to enter into an examt-'
nation of this matter* If a mnu is represented
to be in the same circumstancen with the pri-
soner, and the prisoner led into the same ctr-
ciimstanoes by the [terson proposed an a wit-
ness, and at\erwards by him involved ia the
Bome offence ; if the person therefore proposed
a>i a witness, hath a (iromise of pardon or aome
reward, upon condition that he would swear
ai^aiust the prisoner, he cannot by law be a
g^od witness; the perf»on proposed as a wit-
ness must be a credible wituei^, must be a
leg-al witness, must not be convicted of perjury
or any other tiotoriou<$ ofleuce, a free witness
that is not under restraint for the offence bs
accuses another of ; and tlierelbre we hope we
have a right uf asking- whether he acts under
the influence of any promise of reward, or lb«
promise of a pardon : and the right we have
of examiningr bim to the promisee ot a reward
or pardon, is supported by the authority of my
lord chief justice Hale* asireporteil by kcdvni^.
Mr, Keitlhey, My lord, i would not lake up
your lofdshtp*s time, and sulimit the wcii^ht
of what i>lr, Hungerford has offered to your
consideration; hut we found our rij^htofask-
iiif^ this ijuesiion upon my lord rhief justice
Hale's express declaration, set forth at lafffe iu
Kelyn^e^s Reports, foh 18, which I have here
in my hand. I must likewise beg: leave lo ob-
sert-e to your lordship, that thi:^ f|uestion was
formerly asked in the trial of fi^irdon and l>or-
relt to one Adams, that Inid been in the aaine
conspiracy witli those tliat were brougfit to
trial for biKh treason, and was then produced as
a witness against thetu ; the bfiok waa thes
broujEfht into court, and the qaoiaiioa rend he-
fore your lordahip, and ac^^ordiog: to my notes
of that trial, which I have heiT brou|(iil with
me for my jUKtitteatioo, ( I submit to your brd*
* liale'i Hist. 1». V. U. % cap. %7.
159] 9 GEORGE I.
fbip'f oorrrctkm if I rfo not state it n^t,)
Adams was asked tbat que^tMrn, tho«i|^ it was
Bon^ otj^cted Id by the kingr'^ coonwl. The
distioctHMi ofiT lonl cbiet' joitioe Hale made
was this —
Jnst. Eyrt, Read the whole pafW^I^-
Mr. KeUlbtit. 1 iiill, my bird. The nordA
arethese : ^ It was rei(dT«-'d that some of those
equally cul|»abie with the rest, mav
de use of as witnesses a^nst iheir
fellows, and they are lawful accusers or wit -
p(*«ses « ithia the statute 1 Ed. 6. 19, 6 and 6 '
Kd. 6, c. 11. and 1 Mar. 1, aaud accoidinsrly
a: the trial of these men, some of them who I
wtre *»artics in the treason were made use of |
A^io«t the rest : for lawful witnesses within !
tiiosc^ sututes are such as the law allon efh ;
unri the law alluweth every onetobea wi'ness,
ubo is not conricteil or made infamous for
some crime ; and if it were nut so all treasons
would he tsafe, anH it would he im|i0ssible for
one who conspires with neier ro many persons
to make a discovery to any pur^Mise."'
I was aware of what was ht-re laid down,
therefore did submit Mr. Huugerford's reason
to your brdship's consideraiinn, and did not in-
sist farther u|ion it ; the subM>queot words are
these. " But the lord chief baron Hale said,
that if one of tlie»e culpable persons be pro-
mised his pardon on coniliiion to ijpre eridenoe
against the rest, that disableth him to be a wit-
ness aflrtin«t the others, because he is bribed by
savini; his life to be a witness : so tbat be makes
a difference where the promise of pardon is to
him for disdosinif the treason, and where it is
forg^irineoferidence. But some of the other
judges did not think the promise of pardon, if
he gfare evidence, did disable him. But they
all advise«l that no such promise should l»e
msfle, or any tbreatnings used to them is case
they dill not g^re full evidence."
fSo that, my lord, we have not ool v the au-
thorhy of that book with us, hut a solemn pre-
cedent in this court in point established npon a
lonf( debate, and iprounded on tliat very autho-
rity. And when I moved this matter at the
trial of Divrrell, Gordon and Ker, I then cited
another instance w here it had been allowed by
the Court, and that was before Mr. Justice
Powell at Worcester assizes, upon the trial of
Palmer and Hymunds for the murder of Mrs.
Palmer : there a third penon concerned in the
fact came in as a witness against the other two,
and alter it had been ar^pied by coonsel, and
that leameil judge had read upon the bench,
and considered thi< authority, the witness was
at last asked this qiie^tion upon a * voyer dire:'
and for the truth of tins case as I n^jMirted it, I
ap|>ealed to my lonl Lechmere, then attorney
general, and h Iio had been one of the counsel
at Palmer's trial.
8erj. Fengelfy, My lord, we hope if there is
any room fur this pretence which is insinuated,
it only goes as t» his credit, and d«ies not dis-
able him from being a witness ; the authoritiea
produced are no more: the judgca directed
that no suck promise should kr mde, bat if
Triml qfChmiapher Layer^
[leir
itdMk
H-M
r.«ak»
such a promise was made, they
not dinsUe him from being n*
tneutioned by my lord chief '
i not bke moniey given, wkich in
* ni|ition ; the promise of parddo ii n
j luntary in itself: who is the pi
made by ? Is it in the power m
. but his majesty lo perform it? IftkiilaiMV
- thing in tlie suppositioo, it is BOt pnpvlsaik
in rklation to it upon a * rmytr 4i
the witiien from being awora to giwvcntasi;
' but w hen he hath been sworn, if tbij
I lo a«k t!ie question, they may.
Ail, Ce». The askii^ tlie
tion, as it is irregular, so if it wm& aooprrrd m
the affirmative, woaki be of no ^frriee t» tka
prisoner ; for. With submigifiaii^ ii wS nn db* <
able Mr. Lynch froiu being a wftta«M, fiscrf
man is hound injustice tt iriv« ef iiletiiaa t( vk
quired, and a promise Ia have a p«rdoB ilka
gives evidence i^iait the |m«owGr, caa bo^
looked on only to induce bi« l» 4» thai wbkk
by law lie ought V* M aceonrKng' ti ll»» tfuib: ^
it does not import tb&i be was to gite a wnaig '
or a fabe evidencp ; »ueh a *^iipttiasi ka en* ^
not be oldiged to answer. And ifeemaMI^
use the prisoner coutd make of ikifi, WmtM*.
promise was made lo ibe witneaa (wbidi it ^
not admittpd) wottSd be ouly agaitmt the cndii
of the witness, but out enitrdy take wf kaii^
timony ; his credit, as i»dl s?^ tlie crrdii tit"
witnesses, must lie l^'it lu the ctnusUlervl^
tkejiu-v. As to the opinioi) ol' fuy knd rb
baron Hole cited aat of Kdyo^e, tb^ otliie«
judges differed wiih bjtn, siid ihei«iof« #^
bo|ie Mr. Lynch shsJl be Bwom.
Sol. Gem, We who are coonsd fot tb«
do not oppoae tke asking thti questjofi« oni ^
any apprekcnaioo thui the j^dsmct wmM
out against us, but tor iear of orcrti
point that hath been hn^ ^tllcd. Am ta
book, wkick the^e gentiemeii cite tc» fu|
1
their dijanlion, with submistkio, it is j^ihi^' g
autkority to over- rule it^ Tbe opiutaii EAaJ
found tkeBoaelvfls upoa» isthAt of my lofil ^ '
baron Hale ; bvt the t&% of the judg^ **<
r'nkw apunat him; so tiiat we app«
antbont? m witli ira, and likewise tb^ m
son of the tnmg. I take it tlist do
to be asked a man upon a ' voyer dirr/
fact that wnaM take off h is testimony,
then, fiir argnmcut <vake, tbtii ibeTe^w^&s «. \
miae of paidon made to a luau upoo c^^«m1
that he akouM ^ive evide&ce*^ I a^^^rdl
that would not difi^ble hiui from betim^^ ml
ness, any more thiui if the cond>ti(^ V^«4J
that ke akonki declare the trut)i« irhi
his duty to have do&e, although do '
mise had been made : ainl siirefy tln.^
of a nardon, upon a cooditiop to do
was his duty before, wiU not talce of
mony. If they would mk ihc wiiu«
be baa acoe|itcd a prooibe ofoL Ck7^ir«V
condition to give fk\%€ testimcmjr, Xm m ^^i^^ \»i
tmn, to whim, with great iubint!Ka% ^^mt^ W
bound to anawer; beeuase tbiii. ^^^ch^
•wmekua tt ai:cuse blmsiejrpf m^ -^laia|
161] for High Treason.
If wmhmfkt For these r^asous, as ncll a&
«p» aecomit of the authority th€^ produce,
«t typebenil there is oo force in the objec-
ted.
8b|. C4««Atre, M? lord, I know not whe-
Acr it vfMild oot be laying too great a weight
Wfm tie nlijcMrtioiiy for so mony uf the king's
^ In ftosw er it ; for my part I thiok it
lltf Mnmgtrford. f urge it thus fur t what-
Ifvrsofi is produced in a court of justice
I he must appear to he utterly uu>
hi point of interest i si the consetpieuce
Jf a man produced as an evidence
lite debt ti{Kiu the defenibnt, !»liuM«
exjiniiued upon a ^ ? oyer dire,' ihs*
Ikat be IS to have a part of the i uimey re-
st oet such a person disaiileil from t>e-
m^% Wititesji at a]J? An^ ib not a promise of
Itflnto the witness^ in ca^e hti couvicts the
c^bmI, a g-reater bi^s than the witness'^ hav-
9ffmi of the tnoney recovered P In a civil
ttaedbe questioo is not, if bether the wittiess
hwmpm, to ««rear a truth or fulshood f but
iMttr the «^itne&s doth oot sip[>€Ar to h^ so
HirsDOoereecl in interest, that he ou^bt not to
bfnintned at all I And thrrelbre 1 humbly
^Mtthat i(fe ou^ht to have an account^ wbc-
ftffilie witness, Lynch, bath the promise ufa
■vAqo* or any revrard tor that which he is to
Is lere, viz. fur the evidence ke i$ to give
4|tt&ft ibe urUoner? As Ui the consequence of
Mh V, it is iudiflfereDt to me whe-
ther it lule him from being' a witness
_ tlsaHtii^y, or go to bis credit only : for if it
^LfbooM Guote out that he liuth sucti a ]>romise,
Aijisoppose CIO jury or man tivin^ mIII hclievc
^Hfa^ an^l that ifl much the saiue as if he wei^
V%l ffrodoLM " ^ .'h it seems mure at^rt^cahle
r tP tiie |*r< i \ \\ cases, that he should
I aat U ' 1^ 1 tutne5S dt alb
' Ml . 31 r. Solicitor mistakes the
varda* w. ^^.v ^iiuk as 1 read them ; he is pleas-
fd Id understand ihem as if all the rest of the
dvfTered in optuinn from my brd cliicf
Hale ; hut the book does not say so^ it Is
mtAy that same of the other juilij^es wereof opi-
wmm tUnt it did oot disable tiim, but all agreed
llbaiii «veht to bis creiiil, and tliat was ult I
re»4 IB li»e book \ and I wdulil not have oHered
Uptb^wbe than as it was truly there, upon
iBj coBfidrintioo wfiatsoever; hut t^betber
«i|iiestiott be asked at Hrst or lait, so as we
■p aitswf-r to It, I am contented.
pp. J. Yoti see the most you can make
t ^' ' ' i^ an objection to his credit; and
b credit^ rnun lie ttot ite M^vorD^
Ki, i^.vv... iett to the jury? lie must be
" as a te^al wrtnexs ; but if this man,
r expectation and promise of a piirdon,
rt here tti sv^earthat which is not true,
yoii would a«k bitu to that, be is not
to asisii'er it. Nobody is in discredit
, l^iltahtays lo be lakpu U\ lit" innocent
ottierv»He. It is expresset) that
lie of pardon : what to di» ? To
y^ev. Gittt fvidctiee! Why should
A.D. 1722- [162
he not? Ts be oot obliged to it ? Suppose ha
gives evidenoe sccordioi^ to the truth, be would
be entitled as much to bis pardon, as if he gate
evidence of that which is not true. The most
you can say, is, be has a promise of pardon if
he gi%es evidence ; and can you conclude frona
thence that he can give no evidence except a
false evidence? If they who aj»k the question
insinuate any thing like that, it ought not to
have an answer : but if he bath a promise of
pardon if he gives a true evidence, it is no ob-
jection to bis being a witness, or to bis credit.
Prisoner, My Jord, I humbly hope our ob-
jections will thus far prevail, and that we shall
come at the fact.
L. C. J. When he is sworn you shall ask
him whut questiont* you please.
Just. -Eyre. The objection which pves oc*
casion to insist upon this question, aijs«?s from
the iuBuence which the hopts of |jnrdon may
possibly liavc up<»o the witness ; and if ttii* l>a
a reason ibr setting aside a witness as incapa-
ble, no accotnplice w ho disL'overs a conspiracy
can ever be allowed to prove it upon oatii ; fur
I believe, no man ever yet made a iltscovery
but with the hopes of pardou ; and a govern-
ment Is obliged in honour to f»rant it, whcra
the confession appears to be ingetmous and sin-
cere: and therefore if the hope or prospect of
pardon, which is all that can be inferred from a
promise, should be an objection to the compe-
tency of a witness, no government would ba
safe ; for treasonable conspiracies might ba
formed and corriiHl on with impunity, when tha
persons concerned^ from whom alone a full dis-
covery can be bad, are utterly incapable of
proving the fact, thouy^h they give all possible
marks of their sincerity and truth. They have
1 hercfore been always allowed to be witnesses ;
and 1 do not remember that ever any objection
tvas made to their competency, till the case of
the king and Gmdoo, when the cxiunstl tor the
prisoner would have asked the same question
which is now proposed, but the Couil did nut
think it proper before the wituess was sworu ^
for no person produced as a witness can he exa-
mined to any mutter which only alfects his
credit, and is no objection to his competency,
till after he is sworn to give evidence, and has
been examined.
Just. Ftttpyjr. Mr, Huogerford would do \\q\\
to remember the several acts of [mrliament
made to give encouragement, by a reward of
40/, for the apprehending and convicting uf
every fabe coiner, bigbwayman and house-
breaker; and if a criminal in those oftenccH
shall come in, and discover and convict t^vo of
his accomplices, he shall he entitled to a par-
ti on ; and by the express words of tiie 6th of
queen Anne,* shall have the re^vard of 40/, fur
each housebreaker, and i^haU nlso himself he
entitled to a pardon ; so that t!te pail lament
tbon^rht it pi*oper to give even money as we \
as a4isrdon to such discoverer. \cl, ever sinri*
the making of those acts, tiie persons so prt»-
miseil and encouraged, have upon thiise trials
been atlmitted as good witnesses even before a
31
i
lOaj i> GEORGE L
p»Tilon« And indeed tbere can not \te too pprent
eocouragfe merit g^i^eii to criminals tn become
faooettt^ And to conie in ami impeach tiitir sc-
of>m|ilices, it being* often iiniiofisible fully to disi^
cover those «ecret confederucic^, but by tome
ofthi! accompiioes and actors ttierein.
Tiie laiv thinks these are fit witaesaea, and
yuu will find it in the book that Mr, l£etelb«y
bath mentioai^d, that they were thought At to
make diftcoveries of those secret uombioations ;
1 do not Kay ti» come in and give iaiae evidence,
but to muke a fair discovery.
Mr. Ilitnticrfoi'd, My lord, we submit ; we
ibatl ask tbe question, whether he hath any
f licb promise made ? Let the truth come out,
and we shatn>e sati^jfied.
Just, Forlcicue Aland. I was counsel in the
case of the king* and Gordon ; and I very well
remember the counsel of the other side insisted
the witness! produced should be aaked this
Juestiou on a ^ voyer dim,* liis name wan
layer* The reason the Court gave tliat it
was im|iropei' to ask this question on a * v oyer
#re/ was, that if he had this premise, such
Iftromiae was maib eitht?r to speak the truUi» or
^to speak a faLhood ; if it were to give a jufit
and true evidence, there was do harm in ^i; and
tf it was a promise of (lardon for speakinsf that
which was not true, tlie witix'ss vi as not bound
to answer that question, and consequently it
L^an be of IK) use whatsoever; tberelbrethe
[witness mutt be sworn*
Mr; Stephen XyncA sworu.
Sol, Gen. Do you know the prisoner at the
|larf — l^nch, Y'i*
SoL Oen, How bug* have you known blm ?
Lynch, I lirst knew him about the month uf
June last,
SoL Gen* Pray, give an acx;oant to the Court
and Jury by what means you first became ao-
; i^ualnted with him.
I Lynch, I became acquaiuti*d with Eiim by
I>r. Murphey : about the month of Ajiril last I
^came into England from Flaudei-s ; at my ar-
I rival iu England 1 met with Dr. 4Murphey, that
[ iras my a cquaintu nee several yeans before, wbo
tiiet me, and told me, he had some particular
business to tell me, and desired me to meet him
at Cooper's coffee-house in Cornhill, where I
met him ; and he told me that material things
Were actings in the kingpdom in order to arising*,
and if i wonid be of the party, be would recom-
1 mend me to a g-entlemaii that had the manage-
ment of it : I BEked time to consider it ; and in
I twf> or three days time I told him that 1 was
ipcsolved to be of the party. 1 frequently told
him 1 was imftatieot to know who the pfentle-
man was tlmt 1 was to be rtrommendetl to ;
alK)Ut the muuih of Juoehetoldme 1 should
|ro with him to his loilgiti^s, which were at the
tipper end nf Chauoery-liuie, right over against
the White Hart.
Soi, Gen, Whose lodgings did you go tof
Lynch. The lodifingH <»f Mr. Layer: Mr.
Layer was at home, and d^-stred us to go to the
Cfntlia tavero in iiolUini, and be would meet
Trial of Christopher Layer^
tlM
us there ; we went, and in a little while Mr.
Layer came to us ; and ihen Dr. Murpbev told
him that 1 h as the gentleman he had apoVe ta
him of Mr. Layer was glad of my acquaint*
anoe, and told me that he had such a stroog
recommendation of me, that he was fully ntia*
fied in me ; and then he held a discourse abooi
a rising that was to be in the kiugdom in ik«
TOur o? the Pretender, and that it would be
backed by a great many of the array and the
guards, and several other gentletnen.
Mr. Hutigerford, The overt act is laid in
Essex, and here is an evidence given of an
overt act in Middlesex ; with submi^aion^ iiiej^
can give no evidence of an overt act in iaotb«r
coujjty, till they give evidence of an ofert act
in Essex, where the indictment is laid.
L. C, J* All they say of matters in the eooA*
ty of Middlesex, unless they give evideooe of
an overt act in th« county oV Essex, it stfntfica
nothing.*
ftlr. Bungerford. My lord, with submission,
they ought not to he su^ered to give evidence
of an overt act in Middlesex, before tbey giva
evidence of some overt act in Essex ; tor iba
pi-oving some overt set in Essex is ilia onlj
thing which can entitle thpm to prove any oi«ri
act elsewhere. For by the method tbey wwtiM
go on in, the jury may be captiviited wtih a
fctory of the Gitlhn tavern, and of Mr. L\ver*s
other assii^nstions and actions in Mid<II'.s>.*x,
which cannot be imputed to bim upoa tlii^ in-
dictment until some treason be proved in Et*
sex : 1 hope therefore the king's counsel shall
receive your lordship's directions to go on r«-
gularly, to liegin to give an account of tha
oveit actii in Essex, before tbey go into aao*
ther county.
L. C. J/ Mr. Ilungerford, you must gita
them leave to go on in their own method, of
thtit that first happened in Middlesex, and ailMv
wards of what biippened in Essex ; ami if yoa
dare not trust them and us, but will have yo«tr
own method, it would be to put ua into ooa«
fusion,
SitL Gen. My lord, we insist upon it lu |»otAt
of law> that we are entitled to give evidence of
overt-acts of the same species of treason laid it
the indictment, though done in any county iy
England, providtd we also prove an overt-act
in the county of Essex ; which we must do,
otherwise tliis will pass for uottiing. Mr.
Lynch, go on, and give my lord ami the jury
au account of what Mr. Layer said, when yoa
were togelher at the Griffin tavern.
Lynch, The (irst thing he totd me wtfi
that he was very glad to meet me, that he bad
bad a good recommendation of me fr/*m t^r
Murphey^ as lieing a man he could con;
and beginning his discourse of an iiisnr; .l..j„
iu the king-doro, he tolil roe, that they war*
backed with a great many of the army and tlia
guards ; that there was a great many of tha
nobility and geutry of the eountrv that would
come in to them ; be told me then, that bt
^ Bee East's Fl. Cr. oh. S,t. 61.
Jhf High Treason,
of tftolutioQ UiAt would take
Wftm Ikim tli4^ ft^izing; of i^ojne person of oatet
temgtttcrilf <ir «ome otijef great man. The
^niarii ntn m\\ ufmn tbe same thln^.
BU^ Gt^ R^cxittet't as welt as ^ou caD» tHe
Air* La^er told you relating to iliit
Hm told ooe llie general design of a
ill \\w kiner'totn, to favour of the
and that tbi^y were backed by a
ly of the army, and a ^rreat many of
r and gentry ; and then be told me
m matt of resolution, lo undertake,
Blbers^ to seize a great maof as a
other great man : at that tiu>e
m jielf to do it ; so that time we
t,ihm* How long were you together?
About half an hour.
. GtA. Wh«Q had you the next meetiog ?
^ feri. A clay or two tlter^^ards,
fi frtffi. At what plane ?
J^mrh^ At ilie same tavern, the Griffin ta-
f came there, I tent a boy lor Mr,
had ordered uie to do when 1
.n fiim*
W heti was your ftr«tt meetiog ?
About tbe month of June.
And the necoud meeting was two
' day* after the first?
LfmeA- Vev, m^ lord.
IEhj. CiUMhirt. At your parting after the
iiat aie«li<i|f, what did Mr l^yer say to you T
Lymtk Mr. l^yer told ine, if I bad oc-
^mmm tm aseak to hiin that I should not come
•t but to go to a tarero and send
te yiw, wind} I ilid ; I aetit a boy for him, and
^c^mm %m me. Then talking over a glass of
WW, be lalii me that he had pitch ei I upon tne
ifiw the eari of CadogaUt and that J should
loMAijr Mraoni as I thought fit who
mimm the tatnc deaign ; and he being
pfivdfial man in tlie array, it would dia-
> tiie king's party, and animate the Pre-
fmfUty i which« as 1 said before, I agreed
and to do the utmoat of my en-
iloioit.
ftr^. PmmUy, Waa yon to do it alone^ or
mm y»« to have any aaaislance f
tfwtk, Yta, 1 waa to have aaabtance.
hm^. Frn^rlhf WhatasaiataAcef
Ifmrk- ^ I at I thould ebuie ; inch
fMlftlnit mfidein.
mL Gevf. Uiii vou undertake itP
ImfA. Ym, I did undertake it, tod to
pJMk afoa audi prraoof aa ahould be projier lo
iMaaai* in fl«
i Ctn^ Waa ioy thing aaid al that time
any |wr»on who waa to have the
i of iW d#«i^ f
Ht* told me that there wa» some
\ anew that ihd not want wit, courage or
ajul was at thi* head of this affair,
I al a proper time give me an order
v^ran Mfnrthiog further about it,
fcl, Gra> U ^cl y n u ii n y more diacourae with
4a fciiMas about thti atfair f
A. D. 1799. ri6S
XyncA. Yet, we had several discourses
about it
Alt. Gen, Tell my lord and the jury what
more discourse you had, if you can remember.
Lynch, The chief part 1 waa to act waa to
seiiee the earl of Cadogan« with such gentle-
mcfu as 1 should think proper to answer tbe end
ofseiEtng him.
Herj. Cheshire. Was there any other meet*
iog« and when, and how lotig after?
Lynch, After that 1 came to a tavern ia
Hfdborn.
Strj. Cheshire. How lon^ after ?
Lf/nch, ikime few days ; it was at the Cai*
tie tavern in Llolbom.
A it. Gen, Who was with you at the tavern ?
Lynch* I came to tbe tavern and sent for
Mr. Layer.
Alt. Gen. Did he come to you P
Lynch. Yea^ he came to me.
J}t. Gen. What discourse bad you with
him at that lime ?
Lynch* We had no particular discourse, but
in general we ttdked about the uneaiineas of
the nation^ and the iUir opportunity there ttaa
to rise.
Att, Gen. Pray, give an account of what
else passed.
Lynch, I say, the discourse that we bad at
two meettiigei before, he repeated^ and aaid,
now is a fiiir opportunity, the uneasiness of tha
people being such, to bring about a revolution,
since they would be backed by tbe army and
the guardsi and several other people. Soon
oiler that we parted
Serj. Cheshire. When had you any other
meeting f
Lynch. Soma meetings we had at Mr.
Layer's house in Southampton^ buildings *
8erj. Cheshire* How long a^r?
Lynch. A few days only.
Serj. Cheshire* At the several meetings at
his houae, what was tbe subject of jour dii*
course ?
Lynch. U waa upon the same, about the ris-
ing and uneasiness of the people, and the fair
opportunity of bringing ah<»uk a revolution ; of
the dispOKttion of the army and tkie guards.
Serf. Cheshire, Did he give you any encou-
ragement ?
Lynch, After I met him at bb house ia
Southampton •buildings, I kdil him of my un*
eastnesfs ; because he had told luc at the begtn-
ning, that tUene ihiitga would be aoon put in
execution : I told him, if they were delayed, I
wiLs afraid they woutd not succeeds He thea
aoimatrd me, by telling me that there were no
fear of its succeeding ; and that I should out
be discouraged, for there was a great mao, a
man of wit ami conduct, thai was at the helnsi
and that had the management of the vcheme :
That 1 ahoulil always keep a good heart ; aod
that ihintrs went cui very well.
Mr. Wnt, Did he tell you in whose favour
this was to be?
L^nch< Yet» in favour of the Prelauder.
Ue atotifiifil him by tb<^ nam* ol'kiug.
i
16:]
9 GEORGE L
Serj. Cheshire, Do you know any thiogf
about his going into the country ?
Ljunch. After 1 met biro at his house, be
went into the country and staid sixteen or
■erenteen days; at his return 1 went to see
him, expressinijf how uneasy 1 was at the delay.
8eij. Fengeliy. About what time was thisr
anch. 1 believe it was in July. And then
1 him apfain how uneasy I was at the
delay. To which he answered, Keep a good
heart, all thinp go on very well.
Serj. Cheshire. Had you any apprehensions
that all was to be done at home, or that you
was to have any foreign assistance ?
Lynch. In my discourse to him of the un-
easiness I was under at the delay, I asked him
if be had any promise of any succour from any
poiver abroad r He told me, if we once made a
beginning, we should not want them : But did
insinuate, that we should not want encourage*
neot from the court of France.
Att. Gen. When yon expressed your unea-
siness at the delay, what did he say to encou-
r^reyouP
Lynch, The reason he told me was, that
things went on very well, and would very aoon
be put in execution.
Ati. Gen. In what manner did you express
your uneasiness?
Lynch. Nothing, but that I was iraeaiy, and
I was afraid that things did go wroncT*
Sol, Gen. What did you say ? Did you say
any thing relating to your own circumstances ?
Lynch. In the beginning 1 told Dr. Mur-
phey, because it would be a long while, some
five or six weeks, before I was to be introduced
to BIr. Layer's company, that I came on my
own particular business, and my circumstances
would not permit me to be loo^ here at my
own expence. At the meeting with Mr. I^J^Fy
when 1 first made this complaint to him, Mr.
Layer told me 1 should not want for a small
matter to maintain me in England. Accord -
higly Mr. Layer gave me some money.
Att, Gen. Do you remember how much
that was?
Lynch. I eannot remember.
^Att. Gen. Did he give you money at any
other time?
Lynch. Mr. Layer gave me some money
the first time, and afterwards he sent me some
money by Dr. Murpliey.
Sery. Pengelly. Did he give you any money
at any otiier time ?
Lynch, Yes ; the last time I was with him I
had more.
Att. Gen. How mangr times had yon money
of him? — Lynch. Five or six times.
Alt. Gen. Do you know what the sums did
amount tu together?
Lynch. 1 cannot recollect; but I believe
about eight or ten guineas.
Att. Gen. What waa it given you for ?
Lynch. To keep me in England, and to assist
in the intended desiirn of a revolution.
Beti. Pengelly. AAer y»u went to him* upon
bis return out of the joooidryi do ysu iiliMn*
[168
iie.l
iieRs at the deia j ; «pw
n^e, giving ne la lMp»
very well, and onrdcMfa
Trial of ChrisiojAer Layer ^
ber the discourse that
then?
Lynch. Yes : Afler I came to Ua I
expresKpd my nneasiness
wnich he encouraged ii\e,
that things went on very \
would effectually take place.
Serj. Pengelly. Did you ask hUn way fltmg
about the army ?
Lynch, I asked him if he' had Miy wmm.*
ragement from the guards and the army? il«-
tora me, yes, he hiul ; that a grsftt maay if
the officers would not engsge themaelv«B.MW,
being well paid ; but he said he had apokc wilk
several <ifficers of the guards, who had aHNrad
him, that most of the common aoldim svooMv
come in, as soon as we had made a begianmg.
Serj. Pengelfy. Did be mention any thiagof
the time?
L. C. J. When yon asked him if ha bad may
encouragement from the army, what did m
say?
Lynch. He told roe, that be liad eneoaragv*
ment from many of the utficera of the mrayj
that he had discoursed with several aeijnmtaaf
the guards, who told him that the maww
aoldiers would be glad, after tbey had made a
be^nning, to come in to them.
L.C.J. Did be give you any reason for this?
Lynch. Mr. Layer told me, the i
told him so before they were encamp
complained of their ill usage, and hard
from the Subaltern officers.
Serj. Pengelly. Was you aequamted wkh
any time or day that was fixed ?
Lynch. There was no fixed time : Mr.
Layer told me, it was to be on the rising of fAm
camp; because tfai«?y could not talk with tha
soldiers so well, while tbey were emsamped, at
they could afterwards, when they were in thaiv
quarters.
Serj. CAetAire. Was there any conaokataoa
of viewing any one's bouse ?
Lynch. Afterwards in disooorsa he toM m&i
that it was fit to go and view the earl of C
gan's boose. In case it was necessary lo
the said lord in his house.
Serj. Cheshire, Where is his house ?
l^ch. in Piccadilly. "Accordingly w
pointed a day tu go ; and I came lo hia _
mgs, and we took coach, and away we weal ;
aiM talking to him about it, he told me, he wis
very well acquainted with my lord Cadogaii
and had some business with him, about an ea^
tate which his lordship was about buying: We
went to his bouse, but my lord Was not to be
spoke with, or was not within, I do not reoieiM"
ber which, but we were conducted into hia
house. We viewed the inner part of the home i
afterwards we went into the garden, we viewed
the lower part of the ganlen ; then we \
out in the yard, and took a view of the ave
round about the house. I do
exactly the time* but it was that day Ihsl «
soldier abouM have bean shot in Hyde Pttk.
Seq. CAeiAirs: HadyweDy "
theftiiihisiiMsgiif:. r
^/»>r High Treason*
fy^k, Vir^, llmt it was enj^j tn be done ; if
lit nil but M>tne res4)Uite gfeiitlcnien to Biaod
k§ nil theAi it Wfts very teasibleto bt don«.
Sn^ Ckukire, H«d you any Ulk at tliat
itt» nMmm 10 the Toyer ?
- J^raci. Be told roc, the Toiver would be
■nedUlelv surrendered to the party ; on the
#y t^ jiiol was to be put in exe^^utionf a
OflBB offieer of the guaids wuuld take ujmn
Im In Oioucil the j^uordfi ibcre, who woiilJ
faliilHi tlie d«li?ery of the Toiver to ihem.
SviCli^tre. Was there auy talk of the
fwrt Ve«, af\ertrards : He said there
iwbeoo tloubtof the Mint ; thev would l»e
fMlt Iftlce lite opportuciiy to shake off their
mkmmtnl* And that they would put arms
hm llMnr bands, according as tbey repaired to
i(t* 6reii. When did you see the prisoner
MtiHer Ibe time that )Oci speak of viewing
■t M Cado^n's house T
jLpwJk. 1 aaw htm at his own house, and at
miaX Mvems in the city ; and once he wrote
a lie, ^Icstriog me to rome to hiit lm1|^in«: ; ac*
Mtiiagly 1 went, and when J came to his
t«ne« 1 met witii a Httle paper that was tePt
Ibrme, directing' tne to go to the t^ueeu's-hend
Hiertim GreatU^it^en-streetnear LincoUi's-iun-
and to enquire ttiere for one Mr. Wilson ;
I did, and t Ha9 conducted into a room
ibe f&aid Mr. Wilson was, with Mr.
Layer and another man, who seeiuertf by his
^•tiaeB^ to be a Serjeant of the guards. I do
•al bMiiv the man.
AliG€9. What passed then?
XjnadL We stuid a Uule while there, we
lalkrit CTver the buKiuess, and drank good sue*
eoB i« the eolerprize.
Sierj Che$Atrt, Your lordship wit I please to
notice^ thai when he vrent to Mr. Layer*»
|iH|png>, lie fbiind a letter there, directing;' hiui
I •» g« to the Ctueen'S'hi'ad tavern, and enquire
j Ibr wie Wdxon; that when he came there,
I Wl^an woa there, and M\\ Layer, and ano-
ih/n ntati.
i*eiv Vewnflltf. What passed at that time?
L-. 'lioif material.
4t: \uii tiiikeU about driokiugf good
■tyrw Ai» ibe enter prize : Who drank that f
I L^th^ We all drank that.
^B- Aii, (Jen. Did the prisoner at the bar drink it?
^^m Ly9fh* Yet, he did. I toUl the pn!»oner^
^VttkM he went out, that 1 was mighty ixn-
H m^ u the delay of this affair. He told
" •!» I ii*ed not be uneasy, for every thiopr
well ; and they had a nobleinan at
who had authority from the Pre-
', mid wouhl lose do opportunity when a
it tfliie otfereil.
Herj* Pen^etli/, What did be call the Pre-
Ij^ck. He called him the king. 1 was
t It Ibc delay, for fear of being dtscovered.
L,'C. J* What rcafioo did h« give you,
mky yfiu sboiild not be uneasy ?
Ijfmtk* Because their dasi^^ ware quiekly
A.aiPi^ [170
to be put in executirjii ; and ther* was a noble-
man at the hehn who would put the desiq^ii iu
execution^ as Imving full power and authority
from the king to act as he thought proper.
X. C\ X Did you ask who that nobleman
was?
Xj^nrA. Yes ; hut be never told me his name,
butsaid, thit I flhonhl, in a proper time, he pre-
sented to hin>, and receive my commission and
orders from him to seize my loi-d Cadogao.
Serj. Pcngcllif. My lord, we shall now gra-
tify the priHoner's couhael, with an account of
what happei»ed in Essex ; I hope they will not
be impatient to hrar that : Therefore, pray,
ac^uuiiit my bird nud the jury, when you went
out of town with Mr. Lnyer?
Lj/nc/i. My lord, I was at Mr Layer's hous«
the dav when the bishop of Rochester was
sent to the Tower ; he asked me, if I would
ride abroad with tiim the next dav to take tlie
air; 1 consented to it, and came tbe next morn-'
ing to his house ; and Mr. Layer asked me if I
mounted h ith furniture : 1 told hiui no ; but
that 1 had a double hHrrel fowling piece, which
if his serf ant would carry would do as well.
He then desired me to go and stay for him
without Aldiii^atc, and gel my gun ready loaden^
for he had that about nim which he would not
lose for auy thing in the world. 1 weut and
staid till about ten or eleven o'clock, when Mr.
Layer niPi me, and ^ave the gun to bis str*
vant to carry. On the road he told me, we
were going to my lord North and Grey's, whom
he was very well acquainted with, aud that he
would rccotnmc-nd me to him as a friend of his*
When we got to tlie Green-Man, he told me,
we had better go in and tline there, liecause
dinner-time would he over before we could get
to my lord North and Grey *8. Whilst dinner
was getting reaily, we had .several discourses
on the same subject, of the uneasiness of tht
natioo, and its inchnatiun to a revolution^ and
how to bring it about - upon which he pulled
3l paper out of j^is pocket, and gave it me to
read the latter part of it.
Scrrj. FengiU}f. Can you remember what it
coiitained ?
l.tfHch. I liememher some lines of it ; which
was, in general, to invite the nation tn an in-
surrection, aud to shake ofl* the calamities and
miseries they endured under the present minii*
try. And it was mentiiined in the said (lapery
that the earl of Ciidogan was actually in their
custody; thpreby encouriiging the army to re*
volt, with an o^ltr of three guineas to every
horseman aod siirjcant, and two guineas to
every corporal, and one guinea In every com-
mon solflier, to be paid immediately on their
joinittg the party, and a promise of farther pre-
ferment.
Att Ci'fi. Did you read this?
Lynch, 1 did, out of the paper in Mr. Layer'*
hand.
An, Gen. Doyou know whose band -writing
it was ?
Lynch, .\ccordingfo ourdiKOurtf, Itbougbl
it might be bis writing.
1
i
I
I
1711 0 GEORGE I.
L. C. J. Bill he profluced it ?*
I^nek. Ym, my lord, he produced it.
L. C. J. You Mj yon inia^^ine, from
discoume between you, thftt it was his hand-
wntini( ; wimt ret^on wa^ there id all liis dit-
coune, thit induced vou to think to?
' L^nck. He Ulkerlot' it ss being of bis own
miking; beftides, there were several interlinea-
tiPM, dathing;9-out, and intirlineations after-
wardn. He wan very well fati^fietl and easy
■• to me, and mid, be could wish that he could
Mng matten abont so, as that I could have
the sole direction of seizinir "ome of the minia-
try, and naroelv, my lord Towoahcnd, my lord
Carteret, and Mr. Walpole.
Att.Gen. Was there any diicoursa about
Misiu^ the king ?
Lynch. He aoid, when the detifpi was put
in execution, the army would declare in their
favour, and thry would send a strong guard to
lake care of the king's person.
Att. Gen. How to take care of the king's
person ? What was you to do P
l^ch. Nothing out to secure the king's
person ; by what lie told me, it was for the
public good of the kingdom ; that they did
not mean, nor had they any design on the
king's person, but only to keep him insecurity
from any insult
Att. (ten. What more passed at that time ?
J^nch, Nothing more in particular.
Att. Gen. Had you any talk relating to the
arany P
I^nek. I said before what related to the
army.
Herj. Pengeliy, Was there any discourse
tbout a scheme or plan ?
L^nch. He told lue there was a scheme laid
rni that foot, of which I told you the first step
was to seize the earl of Cadogan, and then,
aoconling as the army came over, to take care
nnd seize the king's person ; and he thought
the proper time to put this in execution, would
be at the rising of llie camp in Hyde- PSrk.
8erj. Pengelly. Was there any objection to
be made to this T
Lynch. No; I made no objpctk>n, only
Ihcwcd my uneasiness at the long delay.
Sen. Pengelly. When you so expressed yoor
aneasiness, what di<l he say P
I^nch. He told me, if I could think or pro*
rany thing more proper, that I should do
AfWr that we rode towani Bpping, and
weut to my lord North and Grey's ; and there
Mr. I^yrr introduced me as his friend. We
•laid there all night, and dined there the next
day. In the evening vre came away, in com-
pany with another gentleman that I did not
know; but we talk«l on the road about the
* As to the admiiCMbility of this parole testi-
mont of the contents of writing, see in Leach,
the t'asc of the King against Aicfcles, Old
U^ilev, January 1784, anilthoae of Le Bler-
rhan«i, I>ecember 177S, in Scac. and of Cosin*
QfftlMi. OU Bttley. September 1784, wbich
Mr. LMcb caiM in A Nm to Rtf V. "^*
Trial of Chrititffher Layer,
[178
siioation of my lord's hoose ; and Air. Layer
told Die be bad recommended me to his kicd-
ship as his partkalarfriendy and asked me bow
I liked him.
Serj. Pengelly, Did he ask yoo any qoes*
tionsi* Do you remember what he called his
lonlship ?
Lynch, I do not remember any other naoM
but loj lord.
8er|. PtngcUy. When be asked year api-
nion of him, and how yon liked bio, didna
describe him in any oUier manner, or aniy
called him my lord ?
Lynch. He only called him my lord NaiA
and Grey ; he only asked me how I Uked my
lord North and Grey.
Serj. PengtUy. Liked his kirdsbip, for what?
Lynch, That was all.
Mr. Reeve. Had you any talk with bim
abont the person that was to have the chief
command ?
Lynch. Yes; but he never named tba
person.
Mr. Wett. Had yon nerer any discooraa
who was to command the party that was tn
seize my lord Cadogan P
Lynch. I waste command that partj.
Mr. Wat. Was you any other time at BJ
lord North and Grey's ?
Lynch. Yes; another time I went to my
k>rd*^ North and Grev's, where 1 found Mr.
Layer, and expresred to Mr. Layer the naaa--
siness J was in at the long delay, and that 1 was
afraid onr hopes would vanish ; and toM hin.
if things were not soon put in executiooi I
would withdraw myself. Mr. Layer bid na
not to be uneasy, things roi^ht perhaps Is
sooner put in execution than I imagined.
Mr. West. Where was thisP
Lynch. At Epping, at my lord North and
Grej's.
Mr. Wett. Did yon oome home together f
Lynch. No ; I came home that night : Mr.
Layer remained there.
Serj. PengtUy. Did yon sea him some time
afterwards P '
Lynch. I met him at his own honse, where
I expressing my uneasiness as foroM^y, ha
said, I should not be uneasy, for things waaM
soon take effect ; and bid me get myself ready
to execute my design ; becanse they had notiea
the camp would soon break np, which waa tha
time designed to put things in executkm. And
at another time he told me, that the declaration
which be had shewn me at the Green Man,
had mentioned no particular peiwns, but In
general the safety and public good of the
kingilom ; there was nothmg mentioned of tha
Pretender in it, but that he had thought fit la
put it now in the Pretender's name.
Serj. Pengelly. Who was you to reeeifn
your particular orders from, for the ezecating
yoiir design P
Lynch. From that nobleman, who was In
act as general in this aHair. '
Sen. Pengelly. Did yon nercr hear
Mr. Layir who ibai was r
Jbr High TreasoH* ^l
^fmch* Kit ; I ilonH i^ecollect \\e ivas ever
MM hy Mr« LMrer ; Ua told me, ifml tlie
MwKliiiii wJks ftUerwftrds put to the nnone of
itfyiMder.
9m, Pemgciiy, Wbat was it lie recom-
mmim yom to my lord North anc) Grey for?
ifmtM, lie rcc commended lue to hiui aa otie
tf lis fMfticulikr Jiteiulj,
Scij. Pengciiy, What discourse had yoii at
We talk^ iorlifferently ; we dis-
\wMhuif^ of til e revolution at that time :
e tie bad girtn tlie dtwlaratjoQ to a
miniater to ^t printod, aud had
^10 guineas for that purpose,
Crcm. Was you acqyaiDteil before with
i NeKb and Grey ?
No ; be introduced me as one of his
htjJ[ire> Did you koow when Blr.
I QTkl taken up ? — hynck. Yet},
. Chahire, Iloir long before that bad
m with him f
i^zk* 1 cannot recollect the time. I 6rst
tfTiiiie ac«)u«inted with Mr. Layer abuut June,
iimtj, C^ishire. H'htit passed the last time
%apit «r«a w'ab him, belbre he was taken up ?
If M there any particular conference between
y9tkf
J^fmeA, I told you about tbe declaration^ ami
iDy uoea»inefl9« aod that he tuld me
I wiMild succeed sooner than I thought for.
. CheUure* When you exprested your
~- — did he use any vehemence o< ex*
i to what part he would act ?
X^nth, He told me seT«^ral times, when I
mmM «• irresolute and uneasy, saith be^ don't
^■t ^ iioeasy ; rather than all should fail, I
wilt siir tip and be a second Mn^Ninello.
ilr. If etf. Had you any conversation about
Iheiakirt^ up of any person ?
htftuA, He only told me at that time, that
if the nobleman at the bead of affaire should
be Uken up, every thin^ wouhl be (]ua«hed.
IJerj, /V/T£f/(v. That nobleuran was not
iMLfO yp at ttmt time then ?
Jjfmdi^ No.
hlety Pen^tfly* What recommendation bad
j&m to my lord Noith aod Grey ?
t^mck' tliily as a friend of i!hlr* Layer 'a^ to
|eia awm\^ tl^c time iu summer,
Mr -V</. I presume they have done
%ilfc w ^ evideuee, which ihey intend,
d mk\ nv^itfict in the couirty ol' iSssex ; if
ii^ baie^, I would cmve tbe liberty m ob*
^m^ Ftn^eli^. We liave not done ; if yon
«ny tbmjf lo ob:»erve, it must be when we
fTOike ihrou|^h our evidence.
JL C. J. U'hen they have given all their
ce, tlu'ii will be your projier time to
lo the evidence, and lo shew whether
i& cnmpfteiU or no.
Mr. Hun^crjord. I do not press to make any
rks upon their whole evidence; but if
kave uivcn all the evidence ibey intend tf>
ife of any ^erl-act in Essex, for oo that
A. D. 172f.
[174
depends the fate of this gentleman at the bar,
1 hope we are now (before they shall be per*
m it ted to give evidence ot any farther overt-
act of treason in sinother cojiniy) at hbeiiy lo
oljject, that tbe transaction in Ezi^ex is nut aA
overt-act at ail of the high-treasou laid in this
Indictment.
SoL Gen, We ba? e not done : when we
have given our evidence then it will be proper
for them to make their objections to the whole.
Mr. UungcrjWd, i humbly otfer it to yimr
lordshipV consideration, whether it is ri|»h|
and proper to go on in such a method, and t<»
take up tbe time of tlie Court, when tbe ^^w*
tlemen on tbe other side say, tbey have duno
with giving evidence as to any overt-act in the
county of "Essex.
$oL Gen, No ; we have not done with that
evidence.
Mr, Ketclhty, I don't know whether your
lordship will indulge us to ask tbe witness «
question or two now.
L, C. J, Propose your quest! onst ^nd wo
will tell you,
Mi\ Keteibey. Whether be bath any ofifer of
pardon proposed to him to induce hint lo ffivo
evideotoe against the prisoner at the bar ; which
if be bath, we apprehend^ will invalidate hia
eFidencc.
LyucL No, Sir ; I have no promise of
parduD at all : i only do this out of justice, to
make what reparation 1 can, and to aave the
blood of many people.
Mr. Keteibey, I be^ leave to ask htm a feir
more ques lions. I thmk you say the Grst timf
you were introduced into this gentleman's
company, the prisoner at tbe bar was at tbe
Griffin- tavern iu Uolborn, and that be then
told you he bad great desig-ns in band; and
that 'there was an insurrection designed, and
they wanted a person of resolution to seine &
general : this, you say, wa^ the fir^t time thai
ever you saw the prisoner at the bar* How
came you to have toat share of confidence in m
man that you never saw before c*
Lynch* I told you 1 was iu discourse witlt
Dr. Murpbey a g:reat many days and weeks
before 1 saw Mr. Layers I told you how
every day I i^a^v him, and always discuursed
about the insurrectioUf aud how he told me
then, that be would recommend me lo a man
tlial had the mana<sremeut of the greatest part
in this affair ; and 1 asked every day when f
fih^uld be introduced to him : he told me, the
time was not come yet; but when it was a
proper time, he would introduce me,
Mr. KcUibet/. I think you jfive that for a
reason, why you bad that contideoce in biui,
because you bad been recommended by one
Dr. Murpliey. How came you tri have that
mio^hly dependance on Dr Murpbey ?
L\/itch. Because Dr. Murpbey and I bad
been accpiainted several years ago.
Mr. Ktielbfjf, I hope you waa not in thy
wicked design with Dr. Murpbey, and §6
much acquainted, as to recommend you in •
case of treason*
175]
9 GEOKGE t
Lynch, There was a oomiaoD ffieodship
between at.
Mr. Ketdkey, How came be to trott jou ?
Would yoa have trusted him in a bosiness of
treasoar
Lynch. We have been concerned io aflairs
togfrtber.
Mr. Kettlkey. How long was yon al the
Green Man wiih Mr. Layer ?
Lwk, 1 cannot say exactly the time.
Mr. Keteibey. I don*t ask yoi^ exactly to a
minute or two ; but was yon there an'honr,
or two, or three hours ?
Lym€h, I cannot say whether we were there
an hour or two ; but we had something dressed
lor dinner, and the matter was discoursed of by
us before dinner.
Mr. Ketelbey, When yon first alighted from
your horses, what room was yon shewn into?
Lynch. We were shewn into a room op one
pair of stairs on the right hand, the first room.
3Ir. KeUlbey. Was it towards the street or
backwards?
Lynch. It looked into the common road.
Mr. Keulbey. Did you look out of the
window and see a person of vonr acquaintance ?
Lynch. I saw two gentlemen, but dkl not
know them.
Mr. Ketelbey. Did you not look out of the
window, and say, you saw a gentleman of your
acquaintance f
Lynch. I said I saw two gentlemen that I
thou^t I had seen before.
Mr. Keieibey. Did not you go down to those
gentlemen?
Lynch. No, I did not go down to them.
M r. Ketelbey. Did not you go down to them ?
Lynch. No. %
Mr. Keielbew. Did not you sav so to Mr.
Layer, in the Jrawer's presence P — t^nch. No.
PriMmer, Did you not' tell me that those
gentlemen were your acquaintance?
Lynch. I told you those two gentlemen I
had seen before.
Prisoner. How lonff were we together at the
Green Man ? Were the horses put up, or cwt ?
XryncA. I cannot tell.
Frmmer. Was there any thing dressed for
our dinner but a beef-steak ?
Lynch. No, nothing else.
Prisoner. Did not you go down stairs, pre-
tending ?ou went to those geutlemen ?
L^nch. No, I did not tell you I went to
those gentlemen.
Prisoner. Did you not «*o downstairs?
Lynch. Yes, I did, and came up again
immediately.
Prisoner. Was noi dinner on table when you
came up again?
Lynch. I went down twice before dioner.
Prisoner. Then you must consequently le^re
mein the room.
lAinch. I went down to make water.
, Priaomer, What did yon go down the second
^~i for?
ymek. Outof
^yt'wsi.. How long did you staj
Trial of Cairutcpher Layer, ^ [170
Lynch. Not both times above two minotea.
Prisoner. 1 was then aloae, when you went
down?~LyncA. Yes.
Prisoner. Was this discourse before or uAer
dinner?
Lynch. It was before dinner.
Prisoner. When yon came up the second
time, w as not dinner on the table ?
Lynch. It waa come np.
Prisoner. And yet the discourse we had was
before dinner?
Lynch. Yes« it was before dinner.
Prisoner. How mudrtime might we spend
before dinner, half an hour or an hour ?
Lynch. ] do not remember, but it waaa good
Prisoner. Was not thfe double barrel gun in
the room?
Lynch. 1 do not knbw whether it waa there,
or whether your servant had it. «
Prisoner, At the time of dinner was mj ser*
vant, or drawer, in the room ?
Lynch. Neither of them was in the mom.
Prisoner. You say we were a good i»hi!e»
you and 1, alone ; pray, bow long?
Sfnch. I cannot say positively how long,
r. Hungetford. Have yon any copy of
that part of the paper he gave you to rend, and
whicn you read ? — Lynch. No.
Mr. uungaford. Was the whole of it of any
jnch. To the best of my remembrance it
was'a oomoion sheet of psper*.
Mr. Uungcfford. Did yon read the whole F
Lynch. No ; he doubled it down^aBd gave
me the latter put of it to read.*
Mr. KeUibey. Some things yon seem to re*
member, and some thiogs you do not ra>
member: was it printed, or written ?
LmcH. It was written.
Mr. Ketelbey. Did he not mention it to be
the prince of Orange's declaration ?
iynch. No, he did not.
prisoner. Was not the paper blotted ? '
Lynch. lu that I saw there were two or three
places iotcrliued.
Mr. Hungerf'ord. My lord, I thiidc the gen-
tlemen did say they had not done with their
evidence, with relation to an overt- act in Essex ;
if they have not, thev will do well to go on no\« :
but we hope they shall not go into overt- acts
committe<l io any other county, till they make
the whole of their proolii of an overt- act in
Essex.
L. C. J. You have been told, thet shouUl
proceed in their own method, aud wiien they
have done, you may make wliat observatiottS
may be of service to votir client
Mr. Hungcrj\»rd. delations offset arisinfr in
another couuty, which have no reUtion to the
fact arising in E^tex, we hope tliry shall not
go into, to amuse or captivate the jury, llw
court and the auditory.
L. C. J. Sure never any thing waa like this!
• See Attorney General v. Le Merchant. « T.
Rep. ^00.
IT7J ' Jhf High Treason.
^ UkmM" pr^iftce to give directions, anil we
' Ibnik it not proper to interrupt ibe kind's «oun-
irf» but ihst they should jiroceed in their owo
Mbod : you shull be heard as long' as yon
lietse^ whin yoo come to mmke your observa-
StL Gem, The prisoner bath a right to say
mf Mai^ tlial is proper lo the court aiir) tbe
jvjr.ift m« «leftff>cc, but he must s«y it openly ;
te IS iMt ta talk prJTaiely with tbe jury ;
llmfk I •m sure they are genii em en of so
pHi vortti titid lionour as not to l»e influenced.
4ir* Om. I dare say the jury will not Ut*in-
1 ; but be tslks rif his con rise) so loiid^ that
A« JBry may easily bear every word he says,
h C,J. He mUHi not ^penk no hiuL
dt$* Oen. 1 just no^v bf-nrd biin say. It was
Itnmgb %i» fs*> on wilb <^tiden('e that vvould not
kftatW purpose, I lieHrd him, as I E^tbere;
kltaM fieny it if he cau.
LC J I b*»pe you will not offer any thing
afllMkio4l« Mr, Layer: you have a'riifht to
^mmurmB with your couusd, IhiI you must do
ilia •neb m manner at ibe jury may not tiear.
Mr. Hun^aj'ord. Indeed, ray Inrd, be iliall
kt9p no •ocvirragefnent from u» tor any such
Matthew Flunkett sworn.
6lf|, Chetk, Tell my lord and tbe jury, whe-
tfwr Ifoti kof>w I he pririoner at the hnr,
pfmmkAi. Yt«, I do know bim.
8ir|. C^^ Win you tell my lord and the
jury upon what account and by whose meaosi
y%Hi fir^l became acquamled ?
i*tunkfii. One majiir Barn e well brought me
firai aCi^uamted with Mr. Layer; he had an
eatioo in his house in Great Queen i^lreet,
tliw m^jor Uarnewell eume to me, and de*
i»c to g-et a couple of grenadiers. I
lit him two; we went to Mr. Laver^s
, moct his clefk let us in at the hack door,
«i4tlie grmattien turneil the officers out, and
Mr. Uayer gate them a crowji^ aud a glaj»B ul'
IWrj. Ch€%h. Wheo was this?
Pimnkttt* Ab Dear as I can g^uess, it is going
OQgf^Ye years,
8rrf. Cheih, Tell my lord and the jury what
mmMh to this last year yoa renewed the ac-
fmtfimncje^ and who brougUt yon to him P
^hgmkUt. The next acquaintance 1 had al^
l»«m!t^ was by major Barnewell, who was
■>iiani» and he sent mc with a letter tu bis
Imt, t«^ ftc»ire him to rehevehim..
$m}. Chfih. Do you know any thing of one
lm» Piunkeuf
%keit. Yes -, he came lo me from Mr.
July last, to desire me lo m*'«t him ;
this counsellor Layer and this James
Ploiikvtt came acquamtr^d I do not know.
Seij. C^cfA. What was he f
Fiiitkeii, I don't know what he is; htsia
MiuiliWil «rfth Mr, Laver.
9tf}r ChaL What pnifession is heof ?
Ptmnkeii. I doaH know ; nor how he hfm,
m C^la his bread.
VOL. XVL
A,D. 1722. [178
L, C. X Go on.
Flunkett, Mr, Layer paid the charges for
major Barnewcll, and' brought him out of lh«
MarJibalsea.
Mr. Ree^e, liow long was this ago?
Flunkett, To the best of my knowledge
four years ago.
Mr. R€€V€* He ta giving an account how he
came to be acquainted with Mr. Layer; the
first lime was upon the account of rescuing
Mr. Layer's goods; the other time was by Mr,
Layer's retleeming major Barnewell out of the
Marshalst a, and paying his dtbt t Give an ac-
count bow you came last acquainteil wilh bim.
Fhtnkrit. 1 being at home, in my owu
room
Mr, Ji^^pe, How long ago f
Flunkett, I beheve, as near as I can guei%
it was last July.
Mr. Reeve. Gife an account of what hap-
peneti Ihen.
Flunkett, Now this Jamea Plunk ett came
into my ronm, ^t dowu, and be a^ked me how
1 did, and said, he was glad to see me ; and be
asked me, are you nut well acquainted in the
army ? Yes, saith I, 1 kuuw a great many in
tbe army, both officers and common soldiers*
Doyou know, sailh he, any of the Serjeants of
the guards? i know some of them, said l«
He brought me out of the room» becauise my
wife was there, and then he opened his mind
to me : Saith he, do you know one Mr, Layer *
(I hid forgoi ihe gentleman, being ao slightly
acquainted nil h hmi ;) No, saith 1, I don't
know iiim. No matter, sniib be, 1 have ap-
pointed a place tor you to oieet lilm at, at the
Italian coffee house in Uoi^e^ court; and at
tbe end of lifts, Mr. Plunkett ajtked me to keep
corresponilence with thena for the Frelender*a
service. 1 did not.gtt to tbe Italian coflTee-
boDsei not being in a proper static n, nor having
money for that purpo^^ i So I did not think
proper to go to the Italinn coffee-house ; but
tlie Sunday following I went to Si, Andrew^a
church, and meeting with some friends, ihey
told me Dfr Sacheverel preached there ; and so
they decoyed me to go aud hear fiint preach
there. Whea service was over, to the b*M of
my knowledge, as I was going home, between
itiVlfe and one o'clock, I met ^Ir. Layei* acci-
denlallv in Liucotn^8-inn>fictd» ; Mr* I^yer
he looKed at me, be was really a perfect
stranger to me, lor J did not know hitti again ;
saith he, is not your name Piujiketl f V«>
satih L Was there not one with yon, the other
niirht, one James Plunkett? Yes, !::iir, aaya K
Where did he desire you to goT said he. I
answered, be desired me to go to the Jtaltan
cofTee^ house in Hussel-court. Saith he, it is
well enough : Do you not know the ? No, saith
L you have the advantage of me ; I ask your
pardoo, for 1 don't remember you, l5on*t
you remember one Layer ? said he. Thea I
called to mind that 1 knew the gentleman.
Salih he^ will you walk on this side? 1 walked
buck again towards Little Tarn -Stile, and we
struck up the wall'tide, aad juat as wt can*
N
i
179J
9 GEORGE I.
Trial of Christopher Layer,
[180
uniler a great coach-house g^te-way, we went
in, and in the g^te-way he talked to roe ; saith
he, 1 am told that you are a very honest man,
and well affected so and so.
Mr. Afeve. Well-affected, to whom ?
Plunkett, Well-affected as to the business
of the Pretender. At the same time we had
this talk, he bid me not mention it to James
Pluiikett, that I had seen him : Then he asked
roe if I knew any of the Serjeants in the guards;
for, saith he, f want such old soldiers as you
are yourself, that could discipline a mob, for
we hare other men enouf^h amonfirst us ; but if
we could get some old soldiers, if that could be
managed, tliey wonid be iinel3f rewarded.
But, Sir, saith I, the Pretender is a Papist.
8aith he, what difference is there between a
Papist king, and a Lutheran king?
Mr. Reeve, Hejiaid he wante«T such old sol-
diers as you ; for what ?
Plunkett, He wanted them to discipline a
mob, and to put them in order. Then we
bc^n to reason about the Pretender; why,
saiih he, we had as good have a Papist for our
king as a Lutheran.
Seij. Cheshire. What did you object?
Plunkett, I said be was a Papist. Bajrs he,
we had as good bare a Papist tor our king, as
to have a Lutheran, I don't know what dif-
ference there is ; but as it was, the nation was
enslaved, and the people were obliged to be
slaves. I asked him. Sir, who is the promoter
of this, that may join us f You see, says he,
what iujustice is done to yon, you have served
abroad, and others are nut over your head ;
you have had and founa great hardships. I
Aflked him who promotcxi this? He said, the
lord North and Grey. Says I, he is a peer of
the realm. Saith he, he is a 6ne general.
And tl e earl of Strafford he mentioned.
Mr. Reeve. Who did hcsay was a fine ge-
neral?
Ptun, He said my loni North and Grey was
a fine general ; and asked me what 1 thought
of him? I said, I had never been under nis
command, but I looked u|K)n bim' to be a grest
man, and one of tlie peers of the land. And
then he meDtione<l my loni Strafford, what do
you tbink of bim ? To which I made the like-
an<:wer. And what do you think of general
Primrose ? I said, I had lately seen lim at
Chelsea, passing by in his coach, but that he
was an old man ; however, Mr. Layer said he
was a brave general. Then he asked me what
I thoiicrht of general Webb ? I said 1 bad beard
of his fame.
Serj. Feng. When he had said my lord
North and Grey was a fine general, and when
you asked who promoted it, whether did Mr.
Lsyer tell you what their design was to do ?
When Mr. Layer asked you what do you tliink
of t!ii4 person and the other pfrson, what were
tliey to do ?—Plun. To raise a rebellion.
Serj. Peng. Was that talked of that ikutt
Ptun. Not at that time.
L. C. J. You say he wantml such cJd Ml'
difcn;aayoa; forwhatpurpoM? Ya!i.i^>|
wanted them to discipline a moh, and pat it io
order ? — Plun. Yes, my lord.
L, C. J. Did he tell you how many he
wanted ? *
Plun, No; he did not say how many.
Serj. Chr.$h. War: there any thing said about
their names at that time ?
Plun. Mr. Layer would have roe take a list
of their names, and to enrol them, that tbey
might know where they lodged, and where
they quartered ; that so when he wanted tbcBi
he might send for them to be in readiness.
Serj. Cheth, Was there any number he etked
you the names of?
Plun. I said, 1 knew a great many, and that
I could get 25. Saith he, you ought to have a
list of their names, where they lodge, thai tbey
may be in readiness for a call : and aaith be.
This would have gone on some time -ago, only
somebody made discovery of it to the French
ambassador, and he wrote to the regent, end so
it was dbcovered to the king : and saith be^
The duke of Onnond was to come in one ship,
and general Dillon in another, and thev would
bring their numbers with them ; and then I
should see that the army would not oppose
them. And when I parted from bim, be gave
me half a crown to drink.
Serj. Chesh. What was that to do?
Plun. It was to encourage me. And he
said he would send a messenger to me ; and in
a day or two afterwards there came a mes-
senger from him : 1 was not at home, but be
spoke with my- wife.
Serj. Chesh. Who was that?
Plun. The nn-juring minister.
Att. Gen. What was his name ?
P/un. tl is name was Jeffreys.
- Att. Gen. You say, you was not at bomf
the first time ; did he come again ?
Plun. Yes.
Att. Gen. How long alUr?
Plun. A matter of fi^e or six days after.
Att. Gen. Did you see him ?
Plun. Yes, I saw him.
Att, Gen. What passed between you ?
Plun. He asked roe if 1 knew Mr. Layer?
I told him I did. He then carried me to the
Castle tavern in Drury-lane, where we drank
two pints of wine, which he paid for ; after tlie
non-juring parson toUl me he came from Layer,
who gave his service, and told roe that he was
eroployed by Mr. Layer to go to such as I was,
who were old seijeants, to get a parcel tofifether
to discipline citizens, and other mob in the
country.
Att. Gen. What farther passed between yon
and Mr. Jeffreys ?
Mr. Ketelbey. 1 beg leave to object to that
question. i
Att. Gen. If I do not bring it home to Mr- - ^
Layer, it will signify notfting. •*
L C. J. Mr. Kfitelb-«n yon know
many timea in i
tionml
f(^ High Treason^
Mr. Hmmgefford* It 19 a con^ant rule, if a
■ui spemki of A third persoD-s traiisacttons, h
iitenredas DoihiD^f qdi) comtnoiily stuji|ieil
torn hmg gfiven in eviitence.
L,(X J, If ihev be^ia right, tlipy will give
mitmce iti such ii methtHi as to he uudemtood :
hf ^edariti^ what passed bettvi-t?!! him mici
inndkMlf Uie evideoce may be the bttti^'r un-
Wf^Miticlbey, f do not doubt ynur tordsbip^s
^rectiOQ ntrht ; but I observe this, lest
the jury should not take it right,
C J* liet Uie evideuee be given in such
i may be imderstood ; what is m-
lf«e«
"for nothing', but it is in order ''there,
I the evidence,
Gm. What paased between you and
I'Juriog parson at the Castle tarern?
^hm* He talked to me of the same aubject,
* m>o to get men in readioeas; he tuld
rizmtl a great many places to gfo to be-
Willi this errand, and then we ported.
' lime he ciame to me, we went to im
^ to the C,ock and Bottle tn the Strand,
be gave rne half a ^liuea, and satdi
fclft a tokifo ; Mr. Layer bad sent it me to
gm ine encouraitement,
Sef}. P^ng, At that time that Air. Layer
m^ he wovdd aend a messeng^cr to you, did he
Hpotlktn any thini^ of money ?
I^B^ Flun, ftlr. Layer said he woqUI send money
^■p Ukm messenger to me,
|F^ JL. C X You say he tohJ you, that he would
"leini you nnoneyby the measeng^erf
Phin* He told me so.
X» C. X Afterwards you say, one came to
ywn wm from him, and encouragfed you, and
gmve joti half a i^uinea ?
Pl«ft< He did : 1 am upon my oath before
Ood Ami nuui,. 1 wUt say nothings hut the
8erj* Chrthire. 0id yop receif e any measn^
from JeflVeys to appoint a meeting with Mr.
La ver f
yimn* Some time after wnrds 1 met Mr.
Ijiyer ol eight uVlock, at the Castle tavern in
0ntry<taoe; there waa the landlord and Mr.
Wyef, who had two bottles of wine, and some
hread and cheese : he would have had me eat,
1m I tohl him 1 could not eat ; but I drank ot'
Ika wine. When be had discounted with me
itoat the alfair, to encouraj^e me he ^re me
Kixnto ; I went cross LincolnVino-tields, so
mat home.
Mr. W€tt, What did he gi?e yoo the crown
Pirn. To eocoarage me to list men for the
ftvtftider.
Mi, Gea. Had y^u any letter by the penny
P Ptrnm. That morning Mr. Layer was goinir
f liBioifolh» Flunkett told me Mr. Lover was
f out of iowu, atid would be «ria(i to ste
t wflQl to Mr. Layer, and hifii hories were
Mr ; he <lesired me to walk up t^opair
in Ibrwards, ami by the same token or-
I JibieiTaiit to charge his blunder busi in
the room. Saith Mr. Layer, I have given a
euinea to the nonjuring minister tn ijive you,
to do what service you can ; and ^vhen 1 am
abroad, YOU m&v 1^ ^nre I &hall nt»t he idle.
Mr. Reeve* XVas any proposal made to any
other person ?
Piu'i. I broujibt an old soli!ii?r, uho had
been in the service iiKuiy years.
Mr. JJffrc. What was 1ms nsme?
Pluft. .Iiihn Chili! ; I hroii«;bt bim, as think*
iog he mi^bt have l>eeu of service to them.
L, C. J What was it Mr. Layer said when
be w as goint;^ int«» the eouutry ?
Flun, He told me he would nut he idle
Serj* Pengell^. What did he df sire of you ?
Piun. He desirpf! me to see and get what
soldiers 1 could Uh bim : I came to the iton'
jurinw' minister, and told him I had got *25,
Then Mr. Layer askcil me, why I did not
bring a list of them, that he iiiit^btkncm' where
their biibitations were, and that ihey mi^ht he
in reatliness at ibe time. I disputed with Mr.
Layer what they wuutd do for nrins ? N*» fear
ofarms, satib he; arujs will he provided for
them. After he rettirrn^d tVom the country tt>
the towu, this Mr. Flunkell waa the lirsl mes-
senger that was sent lo me ; he came ^ind told
me Mr. Layer was come to town ; and tbia
non-juring parson sent me a letter by the penny '
post i Mr. Child vi3« in my room and read it ;
the contents were, ** Mr* Layer is come to
town* and would be very glai to see you : no
more, but your bumble servant, William Jef-
freys,'* By this 1 knew his name.
Att. Gen, By this letter be told yon Mr*
Layer would be glad to see you ; did you go
to bim ?
Ptun, Yes, 1 went to bim.
AtL Gen. Where? To his own house f
Ptun^ Yes, to his own house.
An. Gen. What pussed between ynu and
Mr. Layer at that time ?
Piun. 1 remember at that time, when 1
came to him, he gave me a guinea with his
own band.
Att, 0<*«. Who gave it you ?
Plunkelt, Mr. Layer, ait*?r be came from
the country, gave it roe, and 1 recommcuded
Mr, Child to bim.
Serj. Pen^eiiy. When you recommended
Mr. Child, what did Layer say ?
Plunkett. He said* he had no business fof
bim.
Serj. Pengelly, For what purpose was Child
recommended to Mr Layer ?
Plunkcit, T recommended him as an honest
man, as one that was well- affected as he de-
tired me.
Serj» Pengdly. Upon what account did you
recommend him?
Plunkcii. Upon the account to be a Pre-
tend er^s man.
Serj. Pcngelli/. Did you ever receive any
money to give to Child ?
Flunkitt. i received half-a-guJBC» from
Mr. Layer to give to Mr. Child*
i
j
183] STGEORGE I.
Serj. Pengeliy, For what purpose was it ?
Plunkett. ¥0T to eDconragpe bim in the ser-
vice, to be trusty to him, aad to be a Pretender's
man.
8erj. Fengclly, By what name did he call
the Pretender?
Plunkelt. He called bim the kin^.
SSerj. Peuoclfy. Had you any talk irith him
any other time?
Flunkett. The Sunday before he was taken
up I was with him, and he was talking and
^y'^^fSy ^^^ ^^^ ^^ ^^ Ado ft shooter as any
in Europe.
Serj. Pengeliy. Whom did he mean by the
kingr?
flunkett. Tlie Pretender, that lie was as
fine a shooter as any in Europe ; he shot 19
out of 90: 1 said, that was fine sbootingf.
Aft. Gen. Where was thiR dificourse ?
Flunkett. In his own parlour.
Att. Gen. Can you recollect any other dis-
course there was at that time, besides that of
shoiitinir ?
Flunkett, Yes, there was; we talked of
those men ttiat would do service. I asked him
what rewards those men, that would do serrice
for their kini; and country, should have ; he
told me, that tiiey. and their families, were to
be for ever taken care of.
Serj. Pengeliy, Was there any other pro-
mise made to y(Mi ?
Flunkett. There was no promise; only he
was the man who said, if 1 would follow his
directions, he would promote me; that he
would entrap to do i^rreat matters for me ; and
what I suffered in the army, he would make
me amends for.
Serj. Pengellif. Had you any discourse
about the disposition of the nation r
Flunkett, He said, that most of the nation
was tired with the present government ; and
he said that king George was for ruining of
the nation.
Srrj. Pengeliy. Had you any talk of any
persons at c<Mirt ?
Flunkett. Yes ; he said, what signified the
government ; there were but only eight or nine
upstarts that Itclonged to king George's court ;
that the ancient peers of the realm would not
he run down ; for they should be made slaves,
if thc}^ did not prevent it.
Serj. Pengeliy. Had you any discourse any
othrr tiuie about the Dutch or the French ?
Flunkett. Yes ; J do remember that he
■aid. Here is a Dutch army come in upon this
nation, and then the French army will come
in, and ukeour rights and liberties from us:
you will keep a Dutch army, ond it will be to
make a war among ourselves.
Seij. Chahire. What would he have to cure
all this?
Flunkett. He told me, that when the in-
Burref tion was, there would be a great ma^y
balf-pay officers aa I. knew, that waaki be oo
the Pretender's aide, and €fpeaiaDrtbim«r«hft
Minea of FKumbVibtt | |b^ *
Fitsgmld thtAk <^f. ot ^vfjit
Trial qfChmtophtr Layer^
[184
Att. Gen. We have dode ^laminiBg thia
witness.
Friumer. You say your first aoqoaintaBce
with me was in Queen- street, and that major
Bamewell desired you to assist me, there be*
ing an execution in my house : was it not ao f
Flunkett. Yes.
Prisoner. At tlie same tioie yon called na
counsellor Layer?
Flunkett. Yes; I came to your honse.
Friioner. Did I employ you ?
Flunkett. Major Bamewell sent me to gfi
a couple of grenadiers, and you ordered vaor
clerk to let them in at the back-door ; and the
two grena<liers, which were conOned in the
Savoy aflerwardR for it, drove the efficera out.
Prisoner. Was it the landlord of the hoaae'a
goods, or my goods ?
Flunkett. J cannot tell ; how shonld I know
whether they were yours, or bis ? tbey ware
in your house.
Prisoner. You said it was about five yearn
before I saw you in Lincoln- inn-fielda?
Flunkett. J t was when the army waa brelDa ;
and I came over from Ireland.
Prisoner, Well, you say fire years after-
wards 1 mH you in Lincoln's -inn- fields* and
gave you half-a-rruwn to drink. I told yoa
my lord North and Grey was to he general : that
my lord Strafford was concerned in it?
Flunkett. No, you told me they were pro-
moters of it.
Prisoner, Promoters of what?
Flunkett, Of this coospiraqy.
Prisoner. So you dki not know me P nor I
did not know you ?
Flunkett. Yes, you knew me ; therefoei.
Sir, 8aid I, you have an ailvantage against me;
for I don't know you. AflerwanK we met ooe
another hy accident: Says yoa, Doo^ tell
Plunkett you met me.
Prison* r. What Plunkett?
Flunkett. James Plunkett.
Prisoner. Where lives James Plunkett P
Plunkett. I don't know : however tbat'a
not material.
Prisoner. Did not you oome to ny houae
some time after this, and desire me to l^d jpa
13c. upon aooount of being bail in an aetieM
in the Marshars court?
Flunkett. That was two montba after:
there was a soldier which waa aneitad by «
NarshaPs Court writ.
Prisoner. And I lent you 13f. in ocder 4o
discharge YAnk^^Flunkett. Yet, you did.
Prisoner. Did not you afterwards ask aa
for some money on acoouot of nr Danid (kr-
rol ?— P/MnAc«. No.
Prisoner^ Did not yoa make a- demand ml
sir Daniel?
Plunkett. No: I told yoa my affaira with
sir Daniel. You said yea would net meddle
yourself, bat ynoweald write to him.
Primner. Did yea JMt -bring Af«|Mr« mai
eOTf "' ^DtaU bad agteed^ta pay yoo fOi
4fei
ir High Treason*
'Bthammt^ ]>»J oot you VtW me, it woitld be
llir greatest kiuilDess iu the world to you to
■JiMOg flOi. lor jfou ?
^hmlUiU 1 ta/ever asked you in the course
i*rf«o««r, Dt<l you never borrow any money
^immktii. No ; 1 never tM^rrowed any mo-
ftey «( y9ii, otber%vbe than to get men listed
fe llw P^rtctider.
Fi— 1 1 , I shiUI sbew that you are a little
QMiftiai by »Ufi (>ye.
He. Um^crfotd, Vou said you was de-
cvfil to cl)«irch ?
JFtmktU* Decoyed 1 I laid it wa^i out ot'
Bj iray, ivheu my ohu parish church was
11 ' 'W. What, do you use to go to
diar inketL Yes.
Ht. Keitihey. You say, the flvst lime you
tt» te JaiDea Plunkett, he came to you wheu
y^mmfe wss in the room ?
^kmkeU* The first lime I aaw him, was
w^m II r. Layer released major fidmewell out
d'llMellftrihaisea.
Mr. Kctcllmf, When James Pluiikctt caroif
to ymtr lf^i«»e, be took you by the arm, and tuld
yiM, be cMoe from ^Ir, Layer; did he teU you
llal ifit t^ooe, he came from Mi-. Layer f
Pimmkiit. Upon my oath he did.
Mr. Kctttity, H'liui discourse had you the
finf Chmr i" Hid be only a^k y uu to go and meet
Mr. LaytrF
PiiouUti* He ccune to mpf and desired me
tv mefi Bir, Layer at the Italian eotf'ee-house
km iUi«sel -court.
il Did James Plunkett talk to
j^ Ai- ig men for the Prelender the first
wmt Ue hMw youf
FkuUutt^ No ; he only was sent od an er-
laod Groin Mr. liayer.
BIr. lUiel^. And then you can»e to the
B— jilfftmg imrson : ilie nn-juring |jarsoOf as
Ml Ctll biiA: What discourse had you ^%ith
FimAkeit. The same disco urae paased he-
IWift ua iil»oat lifiting' n>f n.
Sr. JT' telhty, Vt hat, ihe first lime you eaw
Ivnea Plunkeit, and the firit tjmc you i»aw the
BOH joriiitr ]uir»oti ?
tiuiikttt. Because he came from Mr. Layer,
Mn Meittbe^* 8o you truMed tK»th of them
•t irwL aiiiftit, and talked to them ahout tiiiting
fe» f*ir CbjB Preteuiler ?
^ii^cl^. YrH, both talked to me.
Hr. Keiei^y. How many times had this
•^|orio<^ l>ant(in beeu wiih you^ before you
kaiw tv» nacoe?
PUnk€ti, He had been with me two or
linetifDL'^ I'f me his name was St^f-
JhM, lilt ' ' i me hia Christian uame.
Li C< J' ^liJ ut: itrll you hia name was Jef-
freys tl»e first time ?
himmkeiU He toid me his oame was Jef<
L C, J. How longc after was it that this
klltr «rai atnlto yoo by Mr. Jeffreys?
A.D. nn. [186
riunkeit. It was the time when Mr. Layer
came from the country.
L. C. J. How long ago whs that f
Plunkeli, I beliere about tea months ago;
I mean teu weekii ago.
Mr. Kettitttif. 1 would not surprize you ; I
would have you consider you are u|>oo your
oath r Is It ten months, or ten weeks P
PLunkeit. Ten weeks,
Mr. Keietkc^, How came yon to remember
the contents of the letter so exactly f
Plunk*' tt, I heard it repeated over*
Mr. KeUihrt/. Prtiy repeat it over agaiDp
PlunkttL *'Mr riunkeit, Mr. Laytiri&cooif
to town ; I should be «ery glad to see you :
** 8o I rest your humble servant,
•* W Jeffbey*,**
Mr. Ketetbey. Where is that letter?
Plunkett. I don't know ; the tetter is lost.
Mr, KeUlUy, Do you remember how loog^
it is fc^iuoe this tetter wa^ lost ?
Plunkeii. Why, I miijseJ it ahout two
months ago^ or more.
Mr. KcUlbcy. Two months ago, or more!
How long^ was il after you received it that you
missed li?^ Pihfikelt, 1 kept the letter in my
pocket some time.
Mr. KHeltffy. Howkchg?
PiunkeU. J believe I bad it three weeks.
Mr. Kctdbey. So that it is ten wc«ks siaqe
you received thi& ktter, two months since you
lost it ; you kept it in your pocket three weeks :
You cau read writing?
Plunked. Mo, ] cannot.
Mr. Ktidbty. What, not read writing?
Plunkcit, No, Sir.
Mr. Ketelbej/, How can yoo he so particular
as to the writing ?
Plunkett. I have heard it read often enough.
Mr. Ketelbcy. Who rtad it to you ?
Plunkttt, John Child read it OTer to me two
or three times.
Mr Keteibci/- Why, this h mere romance,
that at twice hearing 'it read, you can remem-
ber it, the very worfls.
Pluftkctt^ *I can remember those words to
the best of my knov« ledge.
Mr* Hunf^crfofii. Hnw tan he lell, when \)^
cannot read at ^*li ? There is uuihirig in it : If
one was to a^k him, whHheryoy cuu ret^itetho
Articles of the Cretd, \ hfhe«e he couUI not
do it ; and yet is so ejtact in repcatuig the
words of this lener.
Pn&oHtr. What couniryman arp you ?
PlunkfAt, An Jri!ihm;uK Vou koew thatlo^g
Ago ; you ueeit not ask me tbat qtiestiou now*
Serj. PtngeUy. My lord, we shal* now pro-
ceed, aiiit produce the plau of tliis coii^piracy,
which was hiuud amoog the papers taken in
Mts. Mason's pu8ses»iion; ^,nil t»hall !»how how
the^y came lo be in Mrs. ft] nsoi/tf posiiciision ;
and we sliall prove this plan to be Mr» Layer's
own band'Wntini;.
John Turner^ one of the IMesseogcra, awom.
Alt. Gfn, Uiiik upon iheie papers* [I'ur-
ner looks upon the papers.]
187J 9 GEORGE I.
Alt, Gen, Do you know any thing of those
papers, and where'they were found ?
Turner. My lord, by warrant from nny lord
Carteret, principal secretary of state, dated the
29th of September last, I was directed to search
for one Mrs. Mason and Mrs. Cook, and the
very same day 1 executed that warrant. I
found out Mrs. Cook's house in Stone Cutter's
yani, in Little Queen- street, near lincoln's-
inn-fields, and in searching the house^
Serj. Fengelfy, Who lodged there ?
Turner, One Mrs. Mason lodged there : I
found her in the house; and in her lodging
there was a trunk, and being demanded to open
the trnnk—
L, C. /. Wai your warraut to search for
both Mrs. Mason and Mrs. Cook ?
Turner, For both ; and iu Mrs. Mason's
lodgings there was a trunk, which the other
measenger and 1 demanded to be opened : She
opened the trunk, and in the trunk there were
two bandies of papers sealed up; which papers
being opened, this paper was found amongst
them. (Meaning the Plan or Scheme.)
Seij. rengtUy, Look upon it : How do you
know that to be the same ?
Turner, 1 know it to be the same, becanie I
writ upon it ; I set my ooark upon it
AU, Gen. You say that these papers were
found in the trunk, in two bundles sealed np ?
Turner, Yes.
Alt. Gen, (Shewing the witness another
paper.) Look upon that ; see if that was in
the same bundle with that you last gave an ac-
count of?
Turner. Yes, that was in the same bundle.
[And so he was examined as to several par-
ticular papers, which he swore to hare been all
found m the two bundles taken out of Mrs.
Mason's trunk, and that he had set his mark
upon them.]
Mr. Ketelbey, I beg leave to ask Mr. Turner
a question or two. Mr. Turner, 1 think you
S're a positive account of several papers, what
ey are I know not ; of several papers handed
to you from Mr. Paxton ? You had a warrant
to search for Mrs. Cook and Mrs. Mason, and
in a trunk you found these papers sealed up in
a bundle ?
L.C J. He said he had directions from my
lord Carteret to search for Mrs. Cook and Mrs.
Mason. That he searched Mrs. Cook's house,
and found Mrs. Mason there; he sees a trunk
in the house, in Mrs. Mason's lodgings, and he
demanded the trunk to be o|ieneo, and iu the
trunk is found two bundles of papers ; in these
bundles are these papers which have been
shewn to the witness. When be is anked how
he knew them to be the same that were in the
bundle; he says, he knows them to be the
- aame, because lie set his mark upon them.
Just. Fortacue Aland. .Were the bundles
•ealad up ?— Turner. Yes, my tord, they were
■Baled up when we took them out of the trnnk.
' An. Omt.. In whOM Mgings wm^tbey
found? . •■ -•• t9r
I
Trial of Christopher Layer^
Turner, At Mrs. Mason's kxlgin
beflchamher.
Mr. Ketelbey, You say these papc
to you, you found in the'trnnk in Mri
lodgings. Where have they been ex
How come you to be so positive tha
dividual papers are the same papers
found in Mrs. Mason's room ?
Turner, 1 put my name upon thei
Mr. Ketclbty, Is your uame put U|
Turner, Yes, upon each of the
time.
Mr. Ketelbey, How lon«v were the
custody ? — Turner, About an hour.
Mr. Ketelbey, Who did you delive
when you parted with them ?
Turner, I think, to Mr. Stanyan.
Mr. Ketelbey. I ask you, when
your name on each of them, was it b
first parted with them P
Turner, After the trunk was opei
bundles were opened ; in the bundl
paiiers of consequence, 1 was dire<
and fetch Mr. Stanyan as being a n
to give that person hor oath. Wh
gone, I delivered the papers into m
messenii^er'B band, and he signed the
Mr. Ketelbey, So you only swea
brother inessenger. How lons^ after
seizing the papers was It before you
name upon them P
Turner, 1 believe three quarters o
Mr. Ketelbey. Who had vou left tli
Turner. 1 left them with this man
ther messenger.
Mr. Ketelbey, Youlefl them with
ther messenger before you set your i
them; how comes it that you are
are the same P How can you swca
the same, when you went away and
in your brother messenger's han<}s, a
set your name upon them, till you rt
Sol, Gen, You say these papers ^
in Mrs. Mason's lodgines, and that si
and unlocked the trunk, and you to(
two bundles P—IVimer. Yes.
Alt, Gen, You say you delivered
papers to this person here P
Turner, Yes, Sir.
Priioner, Mr. Turner, in Mrs.
k>dgings you say you seizeil two I
papers sealed up? — Turner. Yes.
Fritoner, When Mrs. Mason I
locked up, were they then sealed up
J'umer, They were then sealed u
Fritoner. Did not the seals appe
been broke open P — Turner, No.
Prisoner, You saw two bundles ?
Turner, Yes.
Fritoner, You saw this paper, and
all the papers taken out of the bundl
bundle was this paper in P (Mennmi
or Scheme.) *^'
Tiumer. This wasia i
Wuthiits
ZWriwiK
/4f9J
Jot' High Treason.
PriMoner* And this wm oat of one of the
WmOfs?
■ Jkmer. Out of the imall bundle.
Frmomtr. Did yon see them taken out of
the bondle f ^Turner. I can't say that.
Mr. Hmngerford. If I observe that paper or
hawHi vvbt, Vt is one that consists of several
sImcIb offpaper ; I desire he may hold it in his
hand. tiD we have done examining of him.
Hj^Eeielbey. Mr. Turner, that consists of
■Mnsheetn than one ; did you sign your name
tocKkkaf, or only to the first and the last
htfiflhebookP
J^mtr. 1 iigoed my name to each sheet.
Edward Speare sworn.
AiL CtM. 'Mr. Speare, did you go with
Mr. IVpmer to seize any papers at Mrs. Cook's
^mmf—Sptort. Yes, I did.
itC. Gen. Give an account of what yon
Iw ef seizing any papers there.
e. My knrd, by a warrant directed to
i my iord Carteret, Mr. Turner and I
) seize Mrs. Cook and Mrs. Mason ; and
Mrs. Cook's house, I found Mrs.
I tliere. At Mrs. Cook's I found no pa-
pcn JD the first room ; 1 proceeiled into a se-
cnd room, where there was a trunk, which
1 aidered to be opened , and I took two parcels
oat ef it ; one of them was sealed witn three
iseh, which 1 looked at ; they did not appear
la iMre been opened and sealed up again. I
opened them, and marked them.
Ait. Gem. Who was by ?
Speare. Mrs. Mason was.
Att. Gen. Was she ttiere when you opened
them?
^eare. She was by when they were opened.
Ait. Gen. Look upon them, are tliey the
mme papers?
Spemre. 1 baTe looked upon them, and know
them to be the same.
An. Gen. Are those the papers that were
idMo out of the trunk?
Speare. The ?ery papers.
Att. Gen, In whose room were they taken ?
Speare. In Mrs. Mason's room.
8erj. Cheshire. Were they e?er out of your
CQstody, till you marked them ?
Speare. No, Sir.
iU. Gen. During the time that Turner,
your brother messenger, was cfone for Mr.
teayan, who had the Gusto<ly of the papers?
Speare. 1 bad the custo«ly of tiicm.
iol. Gen. Were any of them taken away, or
W there any alteration in, or addition to them,
during that time ?
Speare. No, Sir.
flerj. Cheshire. Do you remember that 3Ir.
Tomer set his name upon them ?
Speare. Yes, he did.
L. C. J. How long after your brother mes-
sengf r returned hack to you, was it before you
set > our name u|K)n them?
Speare. Immediately, my lord.
Mr. Keiflbcjf. How long did you stay in the
|bce ailer the return of Turner ?
A. D. 1722. [190
Speare. 1 beliere I might stay there an hoar,
or an hour and an half. "
Mr. Ketelbey. When did you first part with
the papers out of your custody?
Speare. I gayethem to Mr. Stanyan.
Mr. Ketelhey. How long after you first seized
those two bundles was it before Mr. Stanyan
came to you ?
Speare. I beliere about half an hour, or
three quarters of an hour.
Mr. Keteibey. What, did yoa ddiyer them
to Mr. Stanyan then ?
Speare. After Mr. Tomer and I had signed
them, 1 deliyered them to Mr. Stanyan.
Mr. Keielbey. Was it not before you signed
them?
Speare. No, upon my oatb.
Mrs. EliMabeth Mason swoni.
Att. Gen. Blrs. Mason, gire an account of
what you know of these papers ? ,
Mason. Mr. Layer left two parcels of papera
with me ; be told me they were of the yalue
of 5001. He afterwards took them away from
me ; and afterwards brought them to me again.
Seij. Cheshire, Yon say, he delirered two
bundles first?
Mason. No, he delivered only one, and that
was the largest bundle : he told me it was of
the yalue of 500/. and desired me to take care
of it, and lock it up.
Serj. Cheshire. When was the lesser bundle
delivered to you ?
Mason. Some time after; and after that
he took them away from mc; and io four or
five days time he brought fhem to me agaiu :
he took them away, and brought them to me
again, and told me they were a few love-letters ;
and begged of me not to let Mrs. Cook know it,
for she would make a disturbance, ami tell his
wife.
Serj. Cheshire. When had you the lesser
bundle?
Mason. I had that some time after.
Serj. Cheshire. What directions had you with
the little bundle?
Mason. He desired me to take the same care
of that, as of the other.
Serj. Cheshire. Was that sealed up ?
Miison. They were both sealed.
Serj. Cheshire. Where did you put them ?
Mason, I put them into luy trunk.
tsierj. Cheshire. After this; you know when
the messengers came ?
Mason. Before that, he came one day in
the afternoon to our house, and asked where I
was? It was the beginDiog of Bartholomew-
tide. 1 was noVat home : he left a message
for me, that 1 should bring those writings
home. I carried them home.
Serj. Cheshire. Home ! What do you mean
by home?
Mason. Mr. Layer's own house: he left
word, that he would he at home by eight
o'clock that night. I was there about eight
o'clock? 1 asked the maid where he was?
She said, he was iu the back parlour. I asked
191] d GEORGE I.
her if any body was with him ? She said, there
were two gentlemen. Said 1, tell your master
that I am here.
L. C. /. You say the great bundle was taken
from you again, and afterwards he brought the
lesser bundle ; and after this you received a
message, or intimation, that yoo should bring
home that bundle.
Mason, My lord, 1 had two bundles. He left
word, that I should bring his papers home; for
he stnid at home till eight o'clock that night. I
went to his house : and when 1 knocked at the
door, tlie maid came to the door. I asked her if
her master was within ? She told me, yes ; he
was in the baok-parkur ; and that there was a
gentleman or two with him. 1 desired her to
go and tell her master{that I was there. And he
came out to me ; and I gave him the writings ;
and he desired me to come again the next
morning, n hich was on a Saturday , about eleven
o'clock, for he was going out of town : and
that I would come and take those writings
again. Which accordingly I did. It was in
the morning, at the time that the bell was
ringing at Lincoln's-inn chapel, when 1 went
to him, and he delivered me the |iapers again.
Sol. Gen. Can you recollect the day that
lie left word for you to comf to him ?
Mason, It was the beginning of Bartho-
Jomen-tide.
Sol. Gen. What day of the week was it ?
Mason. It was on a Friday night that I
went and carried them to his house.
Sd, Gen, And when was it that he desired
you would come and call for them again ?
Mason. It was the next morning at eleven
o'clock, or near the matter, that I went to his
house ; and he gave me the writings again,
and charged me to take care of them.
Serj. Cheshire. What was you to do with
them f
Mason. To take care of them.
Serj. Cheshire. Did you meddle with them,
or open them P
Mason. No, Sir : I put them in my trunk.
They lay there all the time.
Seij. Cheshire. Were they there when the
officers came ? — Mason. Yes, Sir.
Serj. Chchhire. Was you there when the
bondles were opened ? — Mason. I was there.
Seij. Cheshire Did you mark the papers
yourself? — Mason. 1 did.
Serj. Cheshire. Look upon the papers, and
see if you find your mark on those papers?
Mason. Yes, this is my mark.
Serj. Cheshire, l^lr. Speare, yoo was pra-
■ent at the opening of them P
Speare. I was : They were sealed up when
I opened them.
Serj. Cheshire. Did ymi pat your
ibemP
Speare. I did put my naoieon tbc
^.CkeMt. WcralkMMir'
lady before YM p«t va* f
Speare. No s f
Trial qf Christopher Layer ^
[192
Speare. He put his name to them before
ever they were out of my custody.
Alt. Gen. You have marked all those papers.
You are sure those are the papers you took
out of the trunk in Mrs. Mason's lodgings?
Speare. I am sure they are. *
Atl. Gen. SUw them to Mrs. Mason. Mn.
Mason, were those papers in the bundles that
were delivered to yon by Mr. Layer?
Mason. Yea, Sir, they w<.tc.
Att. Gen. You have marked those papen,
have you not ? — Mason. Yes, I have.
Sol. Gen. You say, you gave the handles
back to Mr. Layer on'a Friday, about the be-
ginnin*;: of Bartholomew-tide: Do you re-
member whether it was'upon Bartholomew
day or not P
Mason. Indeed, I don't know.
Sol. Gen. What did Mr. I>ayer say when
you bi ought them to him again?
Mason. He only thankM me; and de«red
me to come the next day and take them from
him again : Which I did.
Sol. Gen. Did he mention then that he was
going out of town P
Mason. Yes ; and it was about tl o'clock on
a Saturday morning that I went to him, and
he delivered the papers to me again.
Mr. Hungerford. Can you write P
Mason. No.
Mr. Hungerford. Have yon made the samo
mark on all those pa|)ersP
Mason. I was so frightened at that time, that
I hardly knew what mark I made.
Mr. Hungerford. If yon waa frightened at
that time, and did not know what mark yoa
made, how can you be sure you know your
mark again P
Mason. Yes, I can tell it very well.
Mr. Hungerford. When you say you was ao
frightened you did net know what mark yon
made? — Mason. Yes, sure 1 do.
Mr. Hungerford. Upon the oath you have
taken, hath any body seen those papers liefora
they were takeu by the messengers ; wlietber
sir John Meeres, or his man Thomas hath seen
tliem.^ — Mason. No.
Mr. Ketelbey. Nor his man Thomas?
Mason. No, nor his man Thomas.
Mr. Ketelbey. I ask you, can you write, or
can yon/ead writing P
Maion. I told you I can't.
Mr. Ketelbey. You only can make your
mark? — Mason. No.
Mr. Ketelbey. Do you only make but one
mark, or use several marks?
Mason. I make but one mark.
Mr. Ketelbey. Pray, makethemarkyoago-
nerally use. With submission, my lord, I oe-
siro she may have a pen and ink, to aee if nhr
ean make the same mark again.
Mr. JfiMfTf/brrf. Mnrdy wn nraregnlnri
Jut lligJi Treason*
PmI» aai dMifi she inaj ttiake her mark
Mr- lUtel^, My lord, we desire she may
wAit Iter nuirk m^n.
BtL Gen, We d<?str« ghe may have a con-
t»l«er lo do tt in, ati<J itiat the iniiy sit
No, 1 c»n do it wilbpuL (A pen
atd ibIi aim] |iauer ts pvrn to Uer, nod slie sets
l0«Bri, sia A' and an M.)
%bL Qtm, Hcire ure tfie tnUers £ and M spt
la yv |«f«rrs nroiincefl : aud though m this
ff^^il »tu> ftliould not miike her letters ex-
e, yet I aiipreliend that would
A. D. 1722.
im
tr« Acici't^v
id, I caQ*t tell M'hat th^y
■^ depend' ►
Aiy lord, 1 desire to go on
f|tinctifioB, I a^k you-
' ct»mpared the letters made
Courts with those on the
lY^j thi* ( iiamcter ivliich she now writes
•bf ^bmt «be writ on those papers^ aud so
( her eridcnce,
Mr Ktieihry. After the ileliTery of those
••-lm»4k« U» vf.ii f.v Mr. Layer, I ask you
U«r Air Jo! 's man Thoiuaa ever
«, No, he never was op in my room;
no audi tAiniliurity between us.
Mr. Ktttil'ey. Diil one Wilioo eversee them ?
^mtcm. So,
Hr, Ktttibry, Did ever you produce them
i«lle fUoks ? — Mainm. No.
^rtM^mtr, No ! nor diil sir John Meerca'a
■A TTMunas never sec them ?
n my oath.
i ever produce them
urrj -j^i . if I let Thomas or Wil-
himselfsee either of
Ufs ttk *,.i j .V vie seated up f
No, ihey were in my truuk : I a1-
Ihtpi ifaftn in my trunk, perhaps as I
ttiy truok, they might see them he in
' llllltJK«
KtSef^ey, 00 you know one Blrs. Bmla?
No; I (fon't know the name* J
a*t know one 11 rs. Duda.
trwmir^ Did yoa ever know one Mrs.
I know many of that name.
r. Did you ev«r go hy that name ?
No.
!*^ * "11 uver ifo hy the oamc of
r. t#jw ^^^0 ever go hy the name of
No, I tieter did go hy tlie name of
JL C X Mr K**li ?ljrv. I dim'i know what
BiiD|^ o^ < ; when it
it»rtnnr: Uis Woman
r . eh«r to he
h^r credit,
I vfith your
jury.
At the time when these bundles
were seized, had thry Mr, Ltiyer's seal upoo
tliem ?
Ma%on. Yes ; the seal of Mr. Layer wma
upon them.
L, C* J, What says the messenger? At the
tinte that you seized these two bundles of
papers, was there any seal upon them t
Messenger. There were three seals tipoo
oiie^ and some seals upon the other; the aeal
wa^ somethinjT' of a small head.
L. C. J. What is Mr. Layer's seal ?
Mawn, Something of a head, but I catmol
fell what head.
Mr. Kciclbty, Do you koow Mr» Layer's
aeal ?
Afdson. ft ia aomethtns^ of a head.
Mr. Kttclbfy. Was ittne representation of a
man^s head, or the head of a beast ?
Mason, It is a head with somethings of a
ruff about it.
L. C. /. Mrs. MasoOf look upon the headf
Is that head the seal of Mr. Layer?
Mason, Yes : t^pon my oalli it is.
L,C.J, What says the messenger: Was
that seal of a head upon them, wheu you seized
them? — Mentngcr. Y'es, it was.
Mr. KettiUy. Before that time that the two
messeof^ers came, Mr. Turner and Mr. Hpcare^
and seized the papers, and afternards one of
them went for Mr. Htanyan; I ask you whe-
ther you had shewn those bundles to aoy body
before that time?
ALisan. No ; T had shewed them to nobody*
An. Gen. 8he halh said so two or three
times before.
L. C. J. Indeed, Mi-. Ketelbey, we mast
direct you not to sjiend the time of the Court
so. You have asked her that quet^tion two or
three times over.
Mr. Ketelbey > My lord, 1 would very fahi
have the truth come out.
Mr, Hungerford, 1 will ask you a question
or two. What trade or husiness^do you follow ?
What is your trade or occupation ?
MoMon, What is that to you ? I have tio
trade.
Mr. ITuTtgerf&rtl I should have asked yon
anotlier question before ; have you not a pro-
mise of reward for the service yoa do here, ia
givini^ this evidence?
Maton, No, I have not.
Priianer. Nor you have received none?
Mason, No : You are an unjust num.
L. C. /. Are you promist-d any reward f
Why don*t you ask her whether she is to
swear for hire ? Is that a proper question to ask
a witness ?
Mr* Kef rf hey, 1 submit it to your lordship,
whether it is not proper to a^k her this queit ion j
^Vhether she huth not toJd any person, and
whom, that she was to have a rewaril for
comiiiflf hither?
Frmncr, The question is, whether she hath
never owned and coufcnscd to any hoily, that
these papers were opened before a friend of
liersp before the rac»eDgcr seized them f
O
I
I
*
1»5]
9 GEORGE I.
Trial of Christ fpher Layer ^
Mason, No, my lord, I Dever did. I Dever
opened them before any body.
Alt. Gen. They have asked yoo what names
you went by ; do yoo know what names the
prisoner'at the bar has g^ne by ?
Mason. He had once given roe orders, that
if any letter came direcSed in the name of
Pountaine, that I should take it in ; accord -
ingfly in two or three days time, there came .a
letter, directed to Mr. Fountaine, and I took it
in ; and when he came I gave it to him, and
be opened it, and read it.
Prisoner. Where is your house ?
Mason. Where! Where you left the writingfs.
Frisoner. How can you tell bow that letter
was directed which you took in, since you say
yoo cannot read?
Mason. It was directed to Mr. Fountaine.
Prisoner. Did you read the superscription ?
Mason. No ; Mrs. Cook did.
L. C. /. You say you was desired by Mr.
Layer, when any fetter came directed to Mr.
Fountaine, -to take it in ; and that a letter came
directed to Mr. Fountaine, and you took it in ;
the question is asked you, since you cannot
read, How could you tell it. was directed to
Mr. Fountaine?
Mason. My landlady told me it was for Mr.
Fountaine, and she knew he went by the name
of Fountaine sometimes.
Prisoner. She said she read it
Mason. No; I said I gave it to you, and
yoo opened it, and you read it.
L. C. J. The occasion of this question is ,
that this misnomer was approved of by you.
8he says, that you ordered her, that if any letter
came directed to Air. Fountaine, she should
take it in ; a letter did come directed so, she
took it in, and then delivered it to you ; and
yoo received it from her, and opened and read
it ; Jbot how, say they, could you know this
letter was directed to Mr. Fountaine, when you
can neither write nor read? She having re-
ceived such an order, when there was a letter
come it was natural enough, that she that could
not read, should ask her landlady the directions
of the letter, and it was directed tor Fountainet ;
it was natural enough for her to take it in, and
give ii to you . W ho brought the letter ?
Mason. A porter.
L. C. J. Did he say from whence he came?
Mason. He told nie he came from the Ditch-
side, and asked me if Mr. Fountaine lodged
there.
Mr. Hungerford. This trunk that the papers
were in, did it use to be kept open, or was it
Idcked op ?
Mason. It was always locked up.
Mr. Doy/fy sworn.
Alt. Gen. Mr. Doyley, do you know Mr.
Layer .^ and how long have you known him?
Doyley. I have known him about seventeen
or eighteen years ; be was my clerk ; it is
tbereaboulB, I believe.
Att. Gen. Do you know hM writing '
Do^ky. I believe I do.
Att. Gen, Look upon that paper,
shewn the scheme.)
Att. Gen. Do you take that to be his
Doyley. If you ask me as to my belie
lieve It is.
Att. Gen. Have yon often seen him \
J>qyiey, Yes, Sir.
Att. Gen. Have you seen him wrili
he left your service r
Dovify. I have bad several letters Iro
nnce ne was my clerk.
Att. GeH. Look open that paper ; c
swear that you believe that is his
writing ?
Doyley. I have seen the paper before
do beReve it to be his band-wnting.
Prisoner. Have you seen me wrii
thing but my name these 14 years ?
DoyUy. I cannot particularly recollei
ther I have or no.
Prisoner, How long is it since I wf
clerk ?— Doyley. About 14 or 15 years.
Prisoner, mve yoo seen me write si
Doyley. I cannot say 1 have, or I ha
X. C. J. How long is it since you n
any letters from him ?
Doyley. About 6ve years ago.
L.CJ. How do you know those
came from him ?
Doyley. Because he was my client, a
to me aliout business ; and I answerer
letters, and did the business that he desi
to do by those letters.
L. C. J. Did he pay you for that b
done ?
Doyley. Yes, very hononrably.
Prisoner. Yoo say you don't rememi
have seen me write since I came from y
to that paper which you say you believ
my hand, have you compared it with th*
ters? — Doyl^. I have.
Prisoner. Is that what yoo found yoo
upon?
DmfUy. This is what I chiefly fou
belief upon.
Prisoner. Consider, Mr. Doyley, m
at stake, and you say you have not si
write these 14 years ?
Doyley. I don't know that I have.
Prisoner. Have you any of my le
court?
Doyley. I have not your letters in c
Prisoner. You say you found you
only by comparison of those letters,
wish you had brought those letters here
Att. \}en. He doth not say so.
Doyley. If you had desired it, I con
brought them.
Prisoner. I desired it ! I little tho
have seen you here on such an occasioi
Att. Gen. Mr. Doyley, I ask you,
had no dealings with him since be wai
t bis clerkship ?
Doyley. Yes, I wai hif agent.*
'^8(MLitdi'iHa«Uii^n-r«
book i, €.4^-
SSi.
U. U€ii,
W7] /or ffigh Treason*
L C. «r* Wliose n&tne i« suliMcriUeil to those
f^X>«»v/rw rim tophcr Layer's.
L.C^J- Votj I iisiuB^ lueutiooetj ill
■■K Irtlcrs i :k nmjrubly paid 3^0 u for
'^iMfifjf* Yew, my lord.
JLC J. I BUppuiie, in your timi?, that you
tlwil otlier |jeo[ile writ letter« io your
Kztrlhcif. Yoa wiyi you believe tJiat
imhm y\r, I Jiver'u band writing'. And if
*itf»i ' i.tnti you, I t<K)k it down in
I ^'our belief on tiie com-
^t \hriMu^ wTtb the letteis vrhicb you
ikfky^ 1 said, 1 chiedy fouoded my belief
ipiM mk:Ii oompariNOn ul' bauds.
— . . T),t.» vrpti clitcfly did so ; and
I Si here in court, on
^1 tbi>i belief
I I 'rv I , , I itiiuk \ou say yoo
^^ ni/ ^^vt fttl limes f
y nut rtfini'mber tb^it J have seen
e 14 year^.
Durincr tlie time he woa your
iM;« jTttu iMve iie^n him write ?
Itailfw. Yes J be mtur bul iwo years with
9ti Bc dmS been clerk vi ith Mr. • be-
"Sd, Gem, Then be had b«en used in bust-
maik l«fiire be oiuie to you ; and bad formeil
Mr. finnger/nrd. IIow old was he when be
«ltt|<iur cirrk?
I^£rv. f nde^ I donH know.
Mr. llnmgerford, Y«u form your hebef
1^ tlie r<*tiieuibrance you have ot what was
bi kam}' writing 14 or ]^ years ago ?
L C, X You aay, you receivetl letteri «ub«
iptW^ ^y bit name fire years ago ?
Diyi^, Yr^T my lord,
X-t, /- Waa the character of those letteri
Ibac ymi recrived five yeara ajfo. as^eable to
liaohancteni that be writ when he was your
6mk f'^Dayliy, Yes« my lord*
L C. /. Then I tkhk you upon the whole,
ffkmibm Jtm believe it to be inn band writing,
ih^flty. Yr«, I do bebere it to be hk baml.
fnmut^, 8mceniy ""f'^^^nv rircumjitancea,
ki»f yau kail no prr 'ing^ restored to
fmi pbec mrtun, or i i_ I : i_ii>e of aome other
tk^Uy^ r never, to tny know]ed(fe,
l^iacM otM oi«u that bad the power to put
* ia my plaot attain 9 nor ever cooYersetl
*M any on* great man upon that or any such
iCar.
lb" Mik we are entitletl to
«^«! * re may lie no dis-
■i^ ^ !;■■'' i> and Mr,
kay.1 nerattbe
A- D. 1722
[198
Mr ?*'''*' 'mworo.
.t^r^lr
'-t l*L ofibc Crown,
f Serj. Pengclltf* Sir, was that paper shtWn to
the prisoner at Ibc bur?
IhtaJ'aye, 1 wtts not near enouf>b wbe-o be
way before the lord»* ofllie couucil, lo i^ee what
waji on the table ; neither diil I look upon tbe
table, to see wbetlier this paper « as on it or not.
Btu upon a qtieiiiiuu tbut was asked bim relal*
inif to some arm*, it lie knew wbere any wera
IcHfsred in surb a pUce, be said no : upon
which, one of lUe lonU of the couucil h<*lU up
a puper; it might be this, I'oraui^htl know;
and b^id, Here is your own paper, your own
hiiud- writing, wbicli says, ^arms that are there
kidded ;' says be, I should have writ *arms that
sliould be tbere lo<J«^ed.*
L. C. X Whether is that the paper or no ;
and did he own ibat paper thai was then shewn
lo be his?
peiiifayc. The question was not asked, la
this your paper and your baud- writing? Hut
tt was shewn to him as such ; and he aald, i
should have wrote * arms that should be tbere
lodged**
Mr. Siangan swora*
Ati. Gen. Mr. Stsoyan, do you remember
whether this paper was shewn to the priattner
fit the bar, or any questions asked him ahotii it,
when he was before the lords of the council ?
Stunt/an. Upon tbe (luestion that waa asked
bim about the armh% thiii paper was shewn
him ; f think thi^ is tlie paper ; I was nearer
to tlie table tbun Mr. Ueblaye^ and did observe
this paper to lie upon the table before the lords,
and do take this to be the individual paper that
was shewn him then.
An. Gen, What was said to bim at that
time ?
Stani/an, The question was a^kcd Inm, what
he knew of any arms ihut wne lodged in
VVesjtminstcr? He said he knew of none. Then
this jiaiter was shewn to bim, and a question
was asked him ; here the arms ore aaid to be
lodged in tliis scheme of your own band- writ-
ing \ how came you to write so, if ihere be no
arms bxlgetl ? Mr. Layer said, it was a mis-
take : it wau not intended armii that are thi re
lodged, but nrmj* that sihould be there lod|i;ed,
fie said, 1 should have writ arms that should
he |odge<l, ioslend of arms that are todueif.
Serj, Chahire. The questiou was couceruing
a paper of his own hand- writing ?
Stant/an. Yes ; it was coucludeil, that the
paper was of his own baod-writing^ and he did
jiot deny it.
Att, Gin, Did be say it was not his own
band- writing ? — Stnnyan. No, he did not.
Mr, KetetUif. Was the question a^ked, wbe-
tlier that paper was his hand- writing, or no?
Stanyan. No, I behere not,
Mr. Kcttlbey, 1'hen if there Was no question
ai^ked, wbetlicr dtd be own it lo be his band-
ivriting, or nu ?
Stanyan. He did not expressly own it to b«
bis baud writing.
Att:G€n> He was not asked that question,
whether it was bis baod-writtog, or no ?
I
199]
9 GEORGE L
Trial of Christopher Layer ^
[90O
Stttnyan. No, Sir.
8erj. Fcngilly, He d'ul not deny it to be his
own hand- writing ?—5<a»i^an. No, Sir.
Mr. Wctt, Whether the lords in iheir ques-
tion did state it so as taking it for his own hand-
writing ?
Stanuan. It was taken for granted that it was
80, and he made no offer to deny it.
Prisoner, Pray, Sir, let me ask you one
question about the arms ? When I was asked,
if there were any arms Iodised, did I not an-
swer in the negative, and said, No ?
Stanifan, Yes.
Prisoner, In relation to the arms, yon say,
that 1 said arms that should hate been lodged ?
Stanyan. That was a|M>n the lords asking
you, to explain that part of the scheme relating
to arms ; and when you said you knew of no
arms that were lodged, then said they. How
cM>me you to mention in this scheme of your
own hand • writing, arms that are lodged? To
which you answered, I should ha?e writ arms
that should be lodged.
Prisoner, When 1 was asked, why I did say
arms that were lodged ? Why, saith I, my
lords, I know of no arms. It that was my
pafier, and I had writ it, I should have wnt
arms that should be lodged.
Att. Gen, My lord, we pray that the papers
may be read.
Mr. Hungerford, My lord, we hope that
these papers, (though tor my part I know not
what they are ; for there is no hint of them in
my brief) shall not be read, for this reason ;
the evidence which hath been given for the
king, hath not brous^ht them home to the pri-
soner. There is no legal proof that the papers
are of his hand -writing ; and consequently he
cannot be affected by any thing that is in them.
As to what is said of' the likeness of hands, that
we humbly hope is no evidence at all.* The
first witness, Mr. Donley, he hath said it is
like his hand ; but he gives that opinion of his,
on the knowleilge he had of the prisoner's hand
fourteen years ago ; and by some letters he re-
ceived from him about five years since ; men's
bauds may differ and vary even in five, much
more in fouKeen years.
What follows is the evidence that hath been
given by the gentlemen belonging to the secre-
taries* otiice.
1 personally know them to lie gentlemen of
good sense, integrity and honour, and ibr my
part 1 believe every word they say; which is
more than 1 can say of the other witnesses hi-
therto produced. But what these say, doth
not, with submission, affect the prisoner: they
we/e present when the prisoner was examined
before the lords of the council ; none of them
heard the prisoner acknowledge that the papers
were writ by him, or that he did own them as
his ; neither was he asked any question to that
purpose ; neither did the nature of the exami-
nation my lords of the council were then upon,
* See this Case cited ai to thi^ point in Dr.
Hena^'a CaaCi a. d. 1758| i»fr^
lead them to such ^ question : The lords were
not asking BIr. La>er niiestions to fix an evi-
dence iqion himself. But the lords having
some papers before ;hem, and, according to the
duty of their high stations, being intent npnn
discovering what mi^bt be of danger to iiis
majesty and the public, they asked MrLaywy
where the arms were deposited at We '-~
ster ? He answers, that be knew of nona
or to that purpose. It cannot in law or
be from hence inferred, that he did own the
papers to be of his own hand- writing. The
only evidence, therefore, which can.be inaialed
on to entitle these papers to be read, is the efi<
deuce of likeness of hand, which is noevidcnoe
at all in a criminal case.
In my lady Carr's case, it was not nUowed
to be evidence ; and yet tharwas not n capital
case, but a case of misdemeanor only, it WM
l»erjury. But there is an authority beyond all
that ; we have the act of parliament for the
reversal of the attainder of colonel Sidney, who
had been convicted ujion evidence given oil* ihi
similitude of hands, and that a much atrongtf
proof than what appears here ; for €!ook nad
Cary, two fain«»us goldsmiths, swore ihty bo-
Ueve<i the treasonable liiiel laid to ooroneTSid*
ney to be writ by him ; and assigned that for n
reason of their belief, for that they had received
several bills from him of the like hand-writinK
which they constantly paid. Nay, one of tCft
goldsmiths swore, (as I remeinlier the trial)
that he saw the colonel write a receipt. Somo
other cases of this nature might be quoted, hot
we depend upon the authority of my lady
Carr*s case, and the act for reversing the aU
taiuder of cohir.ei Sidney, which is iaslar am*
nium ; for in that act the reas«m assigned for
reversing the attainder is, for that the convie*
tion and attainder were found upon a siinilitwln
of hands.* We have an attested copy of tb*
act here ready to be read. In erasequeooe a^
this act, my lord, similitude of Hands b nevip
to be given as eiidence in a criminal case : aoA
therefore we humbly hope, that tliis paper i^
not so proved, as to be read in any couii, kai^
must be rejected : it is not proveil to be bi^
baud by any that ever saw him write ; nwthg^M
hath any body beai-d him own it to be hia.
Mr. Ketrlicy. My lord, I beg leave to ii^ ^
few words in supp«>rt ot' this objection. We «Bie
not know what is the pur|K>rt of this paper. ^
daresay, Mr. Hungerford, as well as myn^BM
hath not seen one tittle relating to it wbM ^^
ever ; but 1 hope, for the sake of evidence* '^^
sacred and eternal rule of evidence, that si CK^*^
tilde of hands shall not go for proof, wb
|ierson is chargc«l with a capital offence,
shall in due time endeavoui to lay befc
Court several material objections to the
of some of the witnesses; but at preseve
must suppose them unexcejitionable, wauM
sider, with respect to this aingle point,
this paper is sufficiendy pram in i» i
80«,uidvel.l
^
%
J017
for High Treason.
A. D. 1722.
[soe
["t ift IS to be reftd. Mrs. Mafon an J tbe
^en Inve endenvoured, by a jun»hling
\t» piofe ibe idetility of the pajiers,
!• hand tbem down frism one tti aiiotlier:
tl«w ilo tbey af^peAr to be of Ibe prisoPKM'^D
Wwtimg? Mr, D«y ley says, fun ili^eii or
jCBiTB ag^o be nasi bii^ cl^rk ; tbat five
jwta^o b^ reei^^'ii'ed letters ii-mn bitn; and
|kM%»ekirfty founded bisojiitium tbnt it was I
iba fnMper's hind wriUDor, because be bud
It with those Inters, and tbat ibe
like: and yet tbtwe letters wilb
eomparett ibis^a^Hfr be baiH not in
ama m produce. Tbis u tlie 9iib!>tance of
ilnlij'a evidence.
A|r [0fd^ I humbly insist, tb»t thii is not
and if coi»]mri«on i)f baiid» was to
?^ aairely Ibis would m»l do, uiikfisbe
those jiaperSf oti wbirh bt* oivns be
bim u|iiiiion. 1 refer it to tbe jnrv,
lie rnay not posfiibly, nny probablVi
ermu eons judgment. Abulia man be
itiii i.r hirt life, liecuose tbe witness saw
II years a{fn, and received letters
yeiirs ag-o i* i?^ any ibiiiir nnore
_ iban H mun^s bnn<Utviitin|j^p Cmi
4Mll»r of yOM, Creotlefiieti, take iipttii you to
ay, i»bal *s or iii not \rntr Hritiiicf alitr s(>
{vUi a Jf oiftb of time P ' Would n*ti i\m difle-
rcBlaubjccrts, tbe one a coiimion btter of busi-
am, tile oilier a treitMrnnble sfbeiopf make a
weuMe rariatioD er en In a inairti utiuaj clia-
e caae of my lady Carr is reported in Si-
I, fol. 4I9« and was u|mn nn iiidirtment of
an otJipoce of a tmitiU h«f»r ntiture
wrbai ibia genilemao i« mow iriet! ior *
lhai«r « witofsa awore be believed fbe fiajior
apadtmst m roitrt to be ber band- wi iltn^r^ yt-t it
wdtuH tnaiimit tn micIi a proid as to nuike ber
(nby ; N»\ , tbe Courl miA expressly, tliar ii
via rifit rvid«-nce, and s^bovdd not be Lidiniltt'il ;
laA «. V tbe was aequilletl. Jlot iIim
I%Ih i'V is wbat Air. Iton^erford batb
attiiril, t^}*; till of pitrbaiorni tor (be reversal of
Ikt ait4it>itrr of eolotiel 8o)fiey ; anrl ive bare
i9ito«a« bete ready* ibal rxaotined it witb ihe
monl, tbat provm it to be a true cop)'. Al-
ftraoci J^idnry was a Mai ore tl of bi;;h4reasoii by
■nibindt? of liaiids, aud ibat Mfna tbe remon of
tlMfrtrrvab
Hk two oejtt wilnensea are Mr. Defataye
Ml tir. Hian^no^ ffrnttrineti of honour^ and
w«*tiUl liOl Mfain a point upon any aet-finnt
fifr. Mr. Delafnye ibitb not know
vMirr ilii» papr waa on tbe lable. whtn Mr.
|j^ >»Mn ritainiuMl lefore tbe lurd^ of tbe
iMi«r»l« or no: Mr. Hiauyaii nuyt, be was
iPiii ■ ImI orarcr tbe table, and be lakes tire
f«pr It at t» 410 w proilueed to be tbe f^ame
pfttr lKa»l «ra«t ttmoi tbe table in tbe room W*
tncvlAwkirdaof ibe numril, wbru Mr, Layer
wi» Ibfifv • W*eause when it w us produced
llwf«' V o to bitn, be said, I sboubi bate
wtmk I slioulrl he b^iljfed.
II «^ o« «»^ tbat be never was asked
Ibt '. ^^ bether it was bia baDd-vrntiot;^
or DO? How then sbouM be deny it, if it wat
never nut to bini ? Aud tbe refore to say, be»
c^\u(i be did not def)y a ipieslion ibat Ha»i never
askifl biin, that tbat ^ball imiM>rt, as to tbis
puHirular maiterf a eonfi^ssion, i» to me fitrange
and ntiaccountiible ! Tbe natural sense of tbe
prisoner's wordw, as proved, is no more than
tbis; Nop if I bud writ it, I sboidd have rather
*vrote arms ibut should be Iwlg^ed, than arms
tbat were loflg^eci Therefore, my lord, we
bumbty apprehend they have not given evi-
dence m this case, sutftcient evidence to sup*
port the reading of those pa[>ers.
Your ]ordsbi|is are now to by down m per-
petual rule of evideucc: for latest posterity will
pay a just regfard to the present dtterminutiuoa;
and if comparisan of banda in tins cajie be al-
tovicfl as evidence, tbe same rule must for ever
hidd in all parallel cases; and <iod kuowi
VI hat may be the consequence of such a revo-
lution, Or who may be affected by it.
Sf-rj. Frngeiiy. My lord, we l>oj»e th&t nol*
viitbstanding wbat bath been obiected to the
reading of tbis paper, we think it proper to
have it read : though ibc*y have mentioned
sonic cases for to maintain their objections, yet
the latter aulborities, and the constant course
of evidence since, as we tliink, are diri^tly
w iib us : as tbe case of my lord Fre%too, where
ei|ilil or nine of the judj^es were present.
Jn the rase of the lady Carr, there is that
opinion insisted on g-iven at tbe end of tbe case
in a sliwrl on intelligible manner*
(Here Mr. Hony^eiford interrupted.)
31 r, Hungrtford, My lord. 1 do not know
wbelbtfr vrc sIjuU be at hbeity, v»hen the king's
counsel have done, to read tbe act ; and tber e^
bire 1 otfer it to your lonliihip's consideratioo,
wbtlher wetiboubl not read it now?
L. C\ J. Heiul ibe act id p:irliari»enl.
Mr. Krtcthetf Call Mr. Tlit^eilain-
Att, Urn. We are apprized of ibat act of
parltanieiit ; I have an examined copy of tbat
act ; but we ap^irebetid it will not eocne up to
wbfit tbey lite it for.
Mr. KtUiLri/. We have five acta of parlia-
meni tbut we have examioed with tbe records ;
we ibd not kut^w where they would fiboot at
us, and therefore were rraolved to be aimed
C«p-a-|K'e,
8erj. Vcn^cHy, As to my lady Clarr's easef
it will be brird to mLiintaifi that opinion, because
tbe letlfiH I hey produced uere not in tbe di-
rect instance of the perjury.
I^eu the art of pai^liamettt, wbicb tlifty pro-
duce, it ttiketi no tire, that a paper wa^ found in
tbe cbj*tt't of Mr, Sniney, ainJ wa- read* with-
out provin;^ it to be bis own bniirl'iiiiitrO|^: is
tbis paper louud wiLbout any ov^iiir**; iind ac-
knoviledgiof^ it by the nrisonrr? r-«nf»tthis
paper delivered by Mr, Liytr himself to Mrs,
Mason r Had nt't be this pnper in bis custody,
and it f»roc^ded tVom bim P
in the case of my tord l^esion, there were a
fifreat nuuiber ol jud^^ts, my b»rd chii f juNtice
lloh^ brd ctiief jiiiitictf Hollexfen, and others %
90S]
9 GEORGE I.
Trial of CkrUiopher Layer ^
there the iDdtctinent of my lord Preston was
his adhering to the king's enemies; and
amongst other overt acts alleged, his carrying
several papers of instructions to inform the
French king how to attack the kingdom : Mr.
Warer, who had been an under secretary to my
lord Preston, swore, that he believed some of
those papers to be like tlie lord Preston's hand,
and they were all read in that case by the opi-
nion of the whole court, though they were the
very express overt acts alleged in the indict-
ment itself: how doth this stand here, sup-
K«ing no use is made of the evidence of Mr.
oyley ? When this paper is shewn to Mr.
Luver himself, before the lords of the council,
and was mentioned as a paper of bis own writ-
ing, and he is asked how he come to write
arms that are said tliere to be lodged ; his an-
swer is, I should have wrote, arms that sliould
be there lodged ; is not tliis sufficient evidence
to prove a confession ? Doth not this amount
to an evidence of his confessing it to be his own
writing? So here is, as we apprehend, the
evidence not only of the thing itself, but like-
wise the prisoner's own declaration, that he
was the person who wrote it. In sir Henry
Vane's case, the warrant given in evidence
against him was proved only by witnesses who
believed it to be his hand ; but here is a particu-
lar fact which (we apprehend) amounts to a
confession, and is a proper evidence for the jury
to consider of, whether this be not a confes •
siOn.
Aii, Oen. My lord, I apprehend that we
have given very proper evidence to entitle us
to read this paper : my lord, J beg leave to ob-
serve first, that it hath been proved that this
paper was found amonir the papers which the
prisoner delivered to Mrs. Mason, to he kept
for him, which were seized in her lodgings, as
the witnesses have before acquainted your
lordship, and if that were all, this paper must
be read. As to that, the lord Preston's case is
direct in point, and so determined by six or
seven judges, tiz. that papers found in the
possession of the prisoner may be read without
further proof. But we insist that this paper is
legally and regularly proved to be his writing
by the evidence of Sir. Dovley, and the pri-
soner's own confession; the counsel for the
prisoner have mentioned lady Carr's case, and
the act for the reversal of the attainder of col.
Sidney, and say they have a great many other
cases to the same purpose.
I defy them to shew any one single case,
wherein it has been determine<l, that proof of a
person's hand by a witness, who swears he has
seen him write, and knows his hand, and be-
lieves the paper produced to be of his hand-
writing, is not a sufficient proof, in a criminal
prosecution, that that paper is such a person's
band, before my lady Carr's case : if that case
does support the opinion they have laid down :
in all actions such evidence hath been con-
stantly allowed ; then 1 shouM be glad to know,
what law or what reason has made adiifemioe
^ to fuch evidence, between d? il aetioiyiy awl
[9M
criminal or capital prosecutioiM. Ai ti i
lady Carr's case, the book is Toy i
obscure ; I believe the prisoner** com
not make it support what they now (
for.
Lady Carr was indicted for pajnry,!
posed to be committed in an maawer wmh
her before a master in chancery : what iili
said about a letter, does not appear at alts ta-
late to thecase there ; and if any jndgoMlw
down such a position, as has beaa OMiliaBil
by the other side, the meanmg moat he^ Ifaak
an answer on oath shall not be fUailai Iv a
letter only under the. party's band ; and ttaft
such a letter should nut be a sufficient I
to convict him of perjury.
As to the case of col. Sidney, it ia i
known that he was a gentleman of q«iail|,i
in his study a writing was found, tI
neral Treatise of Doctrines and "^ '^
▼is. AOa-
were very distasteful to the then _
writ in answer to a book formerly
It was not a scheme for raising a rel
was it designed, for any thing that _,
that it should go out of his own doaet,
papers being seized, this paper was fooad fkttn
among them ; and for this he waa inJiflhi.it
high-treason. It was generally Uiod||ht tfH
tremely hard to make his having by biai mm
a general tract, writ in answer to a pailicalia^
book, and kept private in his doaet, an 0faa%?
act of treason. However, he was fbnnd fsil^'
and attainted. No wonder then, when tt||r.
came into pariiament, that they
proceeding, and reversetl his att
the reasons recited in this act, as ii
for this reversal, are accumulative ;
taken in that proceeding is complaii
there is not stress laid only upon the
this iiaper, but
The act recites, <« That col. Sydmnr,
means of an illegal retom of the jury, ij
nying him his lawful challeogea to toe |Bi
men, for want of freehold, and withoot '^
cient legal evidence of any treasons
mitted by him, there being produced a
found in his ck)set, supposed to be hb
writing, which was not proved by any
witoess to be written by him ; but Ike
was directed to believe it by comparing it
other writings of his : and besides tnt "
so produced, there was bi|t
prove any matter against him, and by a
and unjust construction of thestatutci a^
sons was most unjustly attainted." A*^,
the act reverses the attainder. Surdy* ^
nature of the evidence we have given, U» V^
this paper to be the prisoner's hand« *^T
sidered, it stands clear of any materi^t-^^
tion that can be raised from that act J*^
not barely proved by a comparison of ■■■■
here is a witness, that ofteu saw his^ T,
swears it to be his hand- writing: tby^ TJ;
multitude of papers, some oflmd to ts^B^
by similitude of hands, and every mm ^"
waa read in my lord Preston's ease. ;
JBaaiflhap been ia that, whiohl b« "^
^fm High Treasrtft,
I ft cmifcssioii by 51 r. Layer, I but
hl*^ ^^riung"; if ibe question
Iter by tlte 1r»r<ls uf ibe
-xver are cousicJered, it
lin confcs&inn of it ; tlieretore
k it, that we hure given a suflS-
ffrr the readisg of ibis pat>er ;
f shjill haTc yaur lordship's di-
IsbmH he read.
"odicr of the kiog^'i} counsel of-
If there was any occasion, you
»srd; hut there is no occasioo.
" : ' fty the witnesfieji that these
vtr. Layer's possession, that
. ,,..;u to Mrs* Mason, that sbe
ft up in her trunk, aealed as they
rrd to her by Mr* Liiyer, and after-
i'lA of her trunk by the messen*
^t rf ifi^y rest it here', and no other
bt t u ijiven ; the papers ougbl
1 bt-.ujT W\s papers, which he once
tiou, if nothing else had been
in the werld be an authority
t^an that of my lord Presloo,
hicb were in his custody,
tody, were read witbout
T'M-n uva they were \m hand.
oasider, this g^oes further ; it is
Ipcr found in his custody, but it
Rten with bis own band I How do
It?
Iter of tins gentleman tells you he
rk. lived ^ilb him two years; af-
ned letters from him about
business lie did accordiu;^ to
oil ol thosa letters, and was paiil
f by htm fur it, and that he believes
*" ftd. If they had g-one no furlber,
I ba?c doubted, hut that according
cour»e and ride of evidence it
Then they make an ohjec-
hnw h»ij|p Jt ii since he was his
lahout H or 15 years agjo: his
I altered iu that time ? ery mnch ;
can you swear it, when it i!% so
~"|iv htu i,an,| ? Why, says he,
ir'rs from biru five
ix Ills ai/ent ; ihii*
Tr T , be sent
■♦lit I nt' letters
sd Vi^iib this paper, and from
I Wirre that his tharacler is not
pow do vou know be writ those
iwtri'd tlio<ce U'lters^ and they
' ' ifi which 1 did for him, and
Id me %ery hon«»«rably for
I ■ \*ctehis writ-
ii notchnngcd
Bp«ii nil \rbolc mattc:r,
»r tt tu b*» bit) own hand-
T, ihii ift ronliru^r d by his
i I bill if ii bad bren an mde-
it is an evidtMice sufficient
Itkk |is|icT read ; because if «
A. D, ITflt.
[20.1
man says* be verity helieres it to be his hand*
wriking, it is always allowed to he read- You ,
did ask liioi, but upon what g^rounds do yoti
believe his character is not chanored? Wh}^
says he* I do principally believe it from th«
letters I received from him, which 1 should
have doubted on the hand, which he writ 14
years ago, whether it wa^ changed or not ; and
I believe it is not changed, because it is agree*
able with the characters he writ, when be wai
my clerk ; and upon the whole, 1 beliove it to J
be his hand' writing, ]
Then ibey tell you of an examination of thti i
genUenoan before the lords of the council;
when they asked hiin about arms, he knew no- i
tiling of them ; then they shew him this papei*,
and ask tan), bow came you in a scheme, all
of your own hfind- writing, to say, arms that
arc provided;^ What was more natural ihuii '
for him to say, here is a paper that doth men-
tion it, 1 deny it to be my hand-writinGr f Bui
be was sii far from denymg it, that as the plain
sense and import of the words spoken mu^t b«
underiitood, he owns it to be his hand.
It is a mistake, says he, I should have wr
which shoiihf have been provided.
How should he have writ that, if he had not' |
writ the other ?
So considering the whole cantexture of thK I
business, and course of proceeding, it is, and '
I believe none can doubt it, as idaiuly proved |
to be his own hand- writing, as if he bad said
in so many words, it is my hand^writiug, H
must have been read as a paper found in bit
cnstoily. The other evidence, that is given ttKJ
the jury, will be a matter proper for their con- j
sideratioD ; but if that evidence had not beeu^j
they must have been read ; they offer that ag j
of greater import, because it is of the prt* J
80 net's own hand* writing. 1
You tell us of the lady Carr's case, which J
was an extraordinary case, when she in hef i
aujswer in chancery swore that it wa^; not her .
hand, they come to convict her of perjury, by*.
proving it to be her hand by a letter "they
produced. J
Gentlemen, there is no pretence to make^
this a question. Do you think that the paprr .
wfntb you offer shall con%'ict llits woniJin of jl
perjory ? No ; when she had s^vorii it wagfj
not her hand, they' come to prove it by a wit*^
iiess that says he hehevf^s it to he her band,^
because they produce a letter, which they say^J
is her haiiiU Upon thi^ the Tourt d*ftt^knune*»i
that this evidence shouhl not be allnvrcd ; IIihIm
is, that it coubl be of no con^efpience lo Ijilsify t
any mutter, which she barl declared u{»on oath, l
But as this cane its, sure iIi^tc is mit !he leastJ
doubt but if the proof of his hand bii<l heeni
out of the case, H must be read a« a pafK?? 4
that was in his custody, and taken out of ibeJ
custody «d' one, v^ith iUi(»oi he hail depoHite4||
it, which is provoit tK*y(iitd nil ronti adiction. ^
And in the case of my lord Preston, and iii^
a thousand eases, it bath hten so, and u
was denied*
True, U'they come and sAy* it this his li«nd f\
n
9 GEORGE I.
I Ibe witneM says I «1oiiH know whether it
bis band or do ; I have seea something of
i haDil, and I don't know but it may be hiif
lod ; it is not rig^ht : but the witness must
round bia belief stronger; 1 ha^e seen bini
^rite» and I know bis writinj;, therefore I be-
iere it to be bis band. II* tbey had rested it
m that, that the first evidence knew bis band
14 years ai^, that must be lefl to the jury,
wbeiber tbey believe Mr. Doyley's evidence ;
because, says he, I saw him write 14 years
ago. The possibility of that, if there was
nothincr else in the case, mi^ht be left to the
jury, whether that evidence was sufficient to
iatisty tbem that it was his hand. Upon the
whole, never was any thing clearer tlian that
this must be read as a paper found in his cus-
tody, that hath in the usual manner and method
the proof of being his hand- writing.
Prixoner, If faro out of time I beg your
lordship's pardon ; I will not take up your
brdship's time ; 1 only beg a word or two ;
whether there is any legal evidence as to the
publiftbing ; the indictment says, *' publicavit
quoddam malitiosam seditiosura et preditiorum
8cri|>tum," and that is not that, that is the de-
claration.
£. C. J. WbateTer you say or offer, although
h happen to be out ot time, we will dispense
with you, when out of time ; but what you
offer now is upon a mistake, we are not upon
the paper you should apply it to, that is, the
matter of your declaration, but we are upon
the fcbeme-paper, not whether you published
it, but whether you writ it. *
Prisoner, 1 am charged in the indictment as
publishing a malicious, seditious and traitorous
writing.
£. C. J. Yon are charged with that as an
overt* act of the treason of compassin^r and
imagining the death of the king ; that yon did
publish a malicious, seditious, and traitorous
paper, that is the matter of the declaration.
The matter now is, not fur publishing, but
whether there is a reasonable proof given that
it is your hand- writing.
* <* Writings of tbis nature [tending to
vilify or disgrace the king or to lessen him in
the esteem of his subjects, or uny denial of bis
right to the crown,] inasmuch as the very act
betokens greater delibei-ation and malignity ;
may, I think, with strict propriety, be urged
more strongly against the writer, as evidence of
a treasonable intent. 13 ut this must be takpn
witji some reserve. Writings plainly appli-
rablc to some treasonable design m contempla-
tion are clear and satisfactory evidence of such
desij^n, although not publisiied. if, say Mr.
Justice Foster and Mr. Justice Blackstone, the
papers found in Sidney's closet had been plainly
relative to the other treasonable practices
charged in the indictment, they might have
been [legally] read in eridence against him."
See East's Pl«u of tbeCrowDyCliap..a.nelr M6r
and tba booka there rdanad I0b
i
•1
Trial of Christopher Layer^
Just. pQwyt, Tliis is only a
not an overt-act sufficient to ooBricC MS*
Sol. Gen. My lord, we offer tbiepi^M
strong evidence corroboratiofp pnd eninmi
every thing which bath been aim ly |
witnesses, and we pray it may be nai. ^
Mr. Hu^gerford. 1 was reading Iha
parliament when they- ■
Sol. Gen, My lonf, we miiat htg ^Kfm
insist U|H)n the course of proGCcding, that 4
counsel shoulfl not go on to aiyae a Mi
after the opinion of the Court baa bees giM
L. C. J. Now you have beard th9 epift
of the Court, you must not go on.
Mr. Hungerford, I was kMikiag apoo 1
act of parliament^-^-
L. C. J, You remember Fraiicia*a
there was a letter taken up at hia Ma
was disputed whether that should be read;
last a witness came and said, 1 have
write several times, and I bdiere it ta be
band ; and it was read.
3Ir. Hungerford. Ay, hastily
(Clerk of the Crown reada the SokoNL)
The Scheme.
Ah defkut de la force, ilfaut employtr la rm
1. Let the general, and only one ofiieer
note in tbe camp, agree upon a day for el
cution.
9. Let the officer that day put faiiaeelf <
the Tower-guard.
3. And as there is eight seijeanta, vis. thf
of the first regiment ot foot-guarda, three
the second, and two of the third, all rod}
an hour's warning to obey orders ; cariy I
morne, let the officer see a single person, na
ly George ^Vilson, who manages these
jcants, and give him directions to biingt
all to some convenient place at lour that a
noon.
4. Then the officer must give each set
money sufficient for the purpose, ami
'em, that each serjeant order 25 men (ir
together 200, which tbey have ready)
singly out of the camp, and meet toge<
church-yard, exactly half i
past eight in the evening, when and
anrither officer that they know, must in«
and take tlio command ; give 'em '
ready loaded, and march wit)i them ii
to the Tower-gate, at nine tliat night (
5. Our friend, the officer within, r
cisely at that hour of nine be on tbe
the Tower-gate, and seeing this bod
apiiear, order the garrison to let 'eo
recruit sent to the 'i'ower- guard.
6. As soon as ever iliey have enter
the arms at the Tower gate, shut tl
and secui-e every one iii tbe Tow
officer on guard gives them order
hut not to shed any blood.
7. The Tower being thus setB*
oal« a anall ffturd there under tbi
. and tbw, with aUtb
^■pOB to cog
1055 TK^^^ftf HififA Treason,
JOQ, marefi diTA^ty to the Excliang;?, where
^ fre;«4 4twra B»^ bfi ready opened, and the
\m person.
%* Jl ttie exact boor ofDtne, that the Tower
I be Ihiis seized, the (persons of some great
I tt^ be Atresled at their houses, bronchi di-
the city, aDd delirered to the ge-
"Hiat tipoQ our meeting^ at the Exchange,
ed PfocUmation tw be spread about ;
of the city to be shut up, and pieces
brought dovi^o against 'em, hut every
ilemres to enter the gates » before any
fbrce appear, to be admitted to come
after the genera f has appointed a guard
l^te, acid inlet* of the city, with proper
tit command there ; kt him march
l^oeral rendezvous under the cannon of
^Tower, and order the lord mayor a good
f«H to wateh over the Bank, but iirit take
wmm frr>ni thence to the Tourer, in order to
10. Tbut OD the morne of this same day,
J t*j have an inter view with some
«btf prhictpal ofiicer of the camp, and order
^^^ to eognge alt friends to attend at their re-
'\tm posts» and expect a token * to he sent
l9Cftcb of them as that very night, on receipt
^ «bich token, thty are to draw their men
9^ And march directly to the artillery in the
emp, a$ a place of genera] rendezvous ; and
fkaH Uie captain of the artillery may not be
llirBied, let this principal omccr previously
wnA a message to him, that orders are come
Irom tbe general (Cadogan) to double the guard
«f tbe artillery, on a rumour that li spread of
dK mob l*eiog np in the city*
It. The party being come to the artillery
with the said principal officers at the head of
'on, let ^em immediately draw tbe gnns round
'ro^ and stand U|K>n their defence, without
fealdog any deula ration, until the said principal
■ficer, who commands in chief there, receive
cerlMti inteliigence-f from our general that the
tWef is seized upon, and the city all in arms,
md tbeu under a pretence of securmg the king*s
Msiofi from the insults nf the mob, kt this of-
iber make a detachment to take him into cua*
tnihr, and send him into the city to the general
•t&t Tower.
I U To facilitate the«e proceeding*?, let the
rMperal the same day speak to the horse-ofBcera
' s ibe camp, who he knows to be our friends,
Hi vpofi the Tery first alarm of the city's bar*
lif rerotted, lit 'em march their men to either
Ulgale or Newgate, on pretence to suppress
Ifct mob ; iind when they are at the gnt^^ as a
feben of their being friends, let the watch-word
fca * tbis morning/ and upon giving us the
• It may be a note in writing thus : Sir,
In meet you at nine to-night, don't fail me.
1. S, lonner Edition,
f k v»*rbal message by a third person that
be by, when the general und this chief
Con«Hlt together liH morne. Former
VOL. XV r.
A. D. 1752, (Sl6
word there, to open the gatM and let 'era in,
and as soon as they are entered, to march di-
rectly to Tower- hill and juiu themselves with
the general tliere.
13. Let the general also the same day or-
der four of the half- pay captains to take upoo
them the following cummandij, viz.
14. First captain to go into Southwark, and
exactly at the liour of nine, to make a bonfire
in the fields there, and give some money among
the mob ; end ^vhen you have got a number
together J send an account to the general^ tukc
the arms that must be lodged there^ and distri-
bute out amongst 'em to your acfjuaiiitance in
the first place, and to tho<>e which they recom-
mend, and then issue out the declarations ; and
after the receipt of a token from the captain
next mentioned, whn is to command in Palace-
yard, to ferry over tliilher in lighters, wiih the
watch -word * this morning/ and join the cap-
tain in Pa lace- yard.
15. Second captain, exactly at the hour of
nine, to be in Privy*garden, adjoining to
White-hall, with a few gentlemen armed,
find seize upon the great guns there, and then
spread the declarations, and stay there under
the cannon till a greater body join you from
Soulhwark; or otherwise nail up the cannoni
and march directly t(j the next captain in St*
James^s-park with the watch-word ^ this mom^
ing,* and then send the token, as above, to the
first captain in Southwark, and let the mes-
senger jou send conduct him and his men to
you in St. JamesVpark.
16. Third captain at the said hour of nine, to
go into St. Jameses- park, with the key that t«
given you of the private door out of Arlington-
street, and appoint only some few gentlemen
lo meet you there exactly at the hour and
ready, f»ne to have the watch -word you give
them, which must be * this morning/ IjtI your
first rendezvous be at the little grove under the
wall near the gate leadmg to Hyde- park, and
there you will meet fire-arms ready charged*
Then march down to the parade next I he horse-
guard » and seize upon the cannon there, and
ammunition in the store-house ; and the better
to secure St. James's- park for a place of general
rendezvous, you shall have nn officer out of
the camp exactly at the hour of nine come
to your assistance with some men, as he and
you shall agree in the morne of this day, nnti
as soon as you have seized the cannon here, and
ammunition aforesaid, you are to put your-
selves in a posture of defence, and puhlisfi the
declaration, and send forthwith to the general
at the Tower to let him know of your siluotion^
and also send to the captrtins iu Palace 'yard,
Southwark, and Tultle- fields, that they imme-
diately come and join you.
17. Fnurtii captain, exactly at the hour of
nine, the evening of the tome day to be in
Tattle fields ; raise the West minster mob
there, and with the arms that are there lodged
equip them as you can: piihlisli the decfa-
rations, and march to St, Jameses- |»ark directly,
and join trilh ihem there, wlio, on your givingi
811] 9 GEORGE L
them the watch-worJ, are to admit yon into
the park.
IB* Ho tiere helag two bodies of men Ibus
fDtleo l(H^etl»er the first ni^bi, riz. ooe on
ower-biU and Ibe uiher id St. Jameson -park,
(besides oor frieoda at tbe artjtlery in Iiydc-
park.) Tbe D€ja niorijing", if not'tooocr, let
aur |Feiieral order a detach metit to Lincoln's*
ion-oelilfl, and soioe caoaou to be placed on
tbe terras cvf ibe garden therei lest tbe eacmy
come in tbere between 8t« JametVpark and
Ibe cUy.
19* A proper eaplaio must be appointed to
Ibe watermen belonging to the Thames,
previous to tbe day of executioOf be muit
f with the duke'.s Largetiian, thai upon ihc
i noiice lo be given them, that they abrni
ill the watermen t and bring them lo a r^jodez*
DU« the same hour of nine that night of exe*
lion, and tliis captain^s rendezvous muU be
Greenwich, where be must seiste the ma-
1 of powder, and take out such pari of it
ch man will carry, then blow up tbe rc&t ;
ch from thence to the Tower, and join his
with Ibe general there, to whom be must
St send a messenger with the watch word,
and an account of bii» numbers*
90. 8om^ time before execution, the general lo
•end a mensenger to particular men in the couo-
iry, that Ibey rise in ibeir resi^ective counties
|vpou Ibe 6rsi news of n hat is done here.
*2U All officer, &c« to go to Richmond, and
at the exact hour of nine to seize upon prince
VnUy Man, and brintjf him away to 8oulhwark
Ui some particular plat u appointed, where an
ai^eni from the general mu&t meet them with
his furtlier orderi.
8crj* Pengeliif. We read this as an ev rdencc
liat cannot be mistaken, which is all of his
vn baud- writing*.
AU. Gen, My lord, we apprehend that this
imtirms what both the witnesses haresworu.
[^ iievj, Pen^tUi/* We ftball now produce some
ei fipts fiuh«ciibed by ilie name of James R.
_ nd pray that they may be read, these were
' kkewise among tho&e papers, as hath bctrn
prored in the manner you have heard already*
CL oftheCr. reads one of them.
* I acknowledge to have received from
♦ the sum of which sum
P J promise to repay with an Interest for it Ht I he
'rate of peraunnm. Ja:^ie«j K.*
/*, C. /. They are not read as if proved, the
lud is not proved, but as papers found on him.
I 8oi» Gen. In my lord IVtston'i case, his
1i»rdslilp was taken in the bold of a ship Iving
upon the ballast, and Ashton there near liim,
and between his lordship and Ai»bton was found
lying also u^ion the halliist, a packet of papers
\\^ -r^: ^ hton t:natched up, and put into his
J 1 1 vv h e iicf ill ey wc re | inseot ly taken;
iUi- ,.,.,, u hich appeared to he my lord tVes*
biotrs, when he was spcictary of state, were
Ibimd lying near to the papers. Upon this
^roof Inose papers wet« read as evidence
Trial of Chrutopher Layr^
[SIS
against my lt>rd Preaton^ witlmal any proof
made of tneir being bis band «^lang, m order
to tbe reading of them.
BIr. Hungerford* My k>rd Prest-ju was I
on board a ship going to F « in i
with England, these papers ^ i m{
bosom of Mr, Asbtoo, who was gning wiib bj|
my lord endeavoured, so far as be
throw them over-4>oard: Tbe " _^^
turn upon tbe papers being writ bjf fl^H
Preston, or not ; in my lord Preston's cSSSf
papers contaiDe»d a diiicovery of tbe
of the fleet and garriaons of EngltBii
France, in order to enable France tof8«aile nsj
it signified notbinff who writ the
crime was ibe ljaviu|^ ibfm, ki
ctioicuts f>f (hem, and endearouriog
them to France, so tlie circuii^tancai of my
lord Preston widel v diifer from ibia.
Mr. KeUlbey. I he^ leave to meatioo
ther thing, there the papers were fouod in
custofty of my lord Preston ; herif ihvy
found m the custody of a third person^ v
evidence we shall controvert by a numljer of
witnesses, w hen it comes lo our turn. 1 be*
lie ve it will appear that some of the papers wera
found on the table in my lord Presto n*s caaCt,
and others taken out of bis pocket. —
Sol. Gefi* No^ they were first found 1]
on the ballast.
Mr. Ketdhty. What were found on Af
and liken out of bid bosom, were seen 1;^
on the ballast ; but there were otber }n|
icized at that time.
SoL Gen, Tlicy were the same papers
were afUrwards taken out of Ashton*s '
which w?reread as oviilence against my lonl
Preston upon the circumstances I have men*
iioned.
Mr* KtUtbty. As I remember, some of tbea
werti found on the table in the cabin.
Just. Eyrt, ^io, the^^ were on the ballaat Ja
the hold of the ship.
X. C, J. You say that they were found in
lord Preston^s po^ ess ion, and iKit in the
session of Ashton ; you say my lord Pi
bad no counsel, but you know ii is the
the Court not to sutTer auy tbiug to be
evidence thai ouglu not. You say yi
controvert this matter, and give an answer to il,
^md thntit appears they \iere not in his cuj
they were taken out «f this witnesses c<
and under \\\^ seal, aud thei-efore the diffei
it makes i«» nothing at all. Besides, the pi
in my lord Preston's case is not so stnnig'^
the proof of the scheme against the piisonefi
because the scheme is proved to he his own
hand \vriting, v^litch was not in tbe caie of my
lort) Pieston.
Mr. Ktteibetf. 3Iy lord, will not your lord'
ship think it necessary lliat they give further
evidence that they are his papers betore tl
are read ?
L. C. J, riead tliem.
Ci. qffheCr. ^* I acknowledge to have t«^
ceived," ^c. h«re are ten of ibem, that are
same.
ffIS]
for Hi^h Treamn*
A,l>. 1722.
fSI4
6crj« Ptngeliif, Mr. Sfanyfto^ ^o yon re-
••iBl«tr «»li«ther uny r|iii*HtiotiK were a&ked him
rilli rdflliofi tfi ihci&e rtf^eipi ,.>
til. Wliat I recollect is this: upon ilie
J Mr. l*aytT ibf tneaijiutf of tho^e
rmtiett by Ihe PrelftwIiT, ami vUiat iis^
iortbero, be said, ^* that fKirmirtlietime
tn««i At Rome, he hnii ftetiled a corresprMi-
4mim vitit sir Willmm EHi^ nnd some litiie
whrnwrnim be writ to sir Willi»Ei^ EWm acciiril-
la^ l» flie clMt-cljoiis be (pive Umu axid lie told
luiiWAf Itc could send any recei|>l» sigucd by
lifywty, or the kioff, as lie called him, bV
Him^ motir y mi(;bt oe rai8e«l iipoo lljem for
flnyjo^ iio the caiij»e,^* these were tbe \^ ord^>
aiMarct I ran remcmher.
Jlir '' - ^Tr, Delalaye, «a^ you b\ ?
Mt It was for mibitit; rn'^iipy ^^
firn v'fj i.i^ oause, you iiieati &ir Willmiu
tMit e»v*e f-^S/anvan. No, Sir.
Nt iittn^ctjh/d. He ucknovvledj^d to bave
f«0fi4 ttnem from sir WiUmn) Elbsf
SUnvnn. Yes.
Mr Vou saiil he owned be bail tbem
ftni V lu Etlis, havings fiptllt'd a corres-
■HiliDti wtlit Uinit that money might he raised
M tbckv to carrv oil \m cause; he told you be
U tMrnusM 10 ^Q for sh Wiiham EHis ?
fifiiip^«si. No. 1 know notbiog^ of sir Wjl-
fijin r ^ ' ic^ess, bul that he had appoitited
li <U) ith itirWdlinm Ellis, and sir
ii\ c^jnH i;r'^v^ tiitu bis address how to di>
t biin, «iid he acknowb^Iged to bave re-
I a letter or tetleni from »ir William Ellis,
m Miut: of ^ones, and that be writ to hitn
s*^*"- *f^ th**m, *
[r A re you sure as to those words,
Qii MurpoTi of tliem ?
St^tyan. I thitik tbey are near the words,
bwi. I till sure Ibev are tbe ]iur)iort of tbem.
Mr, Ktttihey^ Was it reduced into wrilinir ?
Simnytin. It was reduced into writing in this
■ttuoer* It was a fery lon^ examination,
iloal foor or Bve hours.
Mr. Ktieihey, 1 ask you, whether it was re-
kaeei itito writiog^f
Sitn^n, Yes, it was ; the lonls sent to me
toaflial Mr- Delafaye, upon Mr. Layer'b bebg
auDMied i Mr« Detafaye took the heads of the
i prupouodei) : and I sat near tbe table,
Qfer Mr. Delafaye ; attended to the
and answers; so that we ooold set
I aiMlther right wbeo we came to coniiider
Ir. Kcuihe^. Tbia you wrote, was it read
rif> the prisoner?' — Stanyan, N<j»
Hr. hciciUy, Do you be tie re tbe priBrmer at
""" you write?
. Yes, I bebefebesawus write.
Ir. iCetelifey. Do you beheire be thoug^bt
ttj |»c-r%ofi was ukins^ his confession in writ-
rngt'-^Sianuati. t think it cannot be otherwise.
Ilr. Keiethey. I ask you, do you bebevethat
Ur. La^er knew that you was taking his cod-
i^i^Bfiat that time?
Simmjf^n* Tbe lords spoke thus ; Pray, take
Mtke, anil tbeo take dowQ sucb a tbiog, and
I such a thintf ; ami T believe ftlr. Layer heard
Ibem savi Take down that, ^ind take down tbtt,
!Vf r. ^ttcthcy. WnA it e?er known for ont- to
lake dnwn the questions, and the other the an-
swers; and ihpn to compare tbem together, in
order to make a confession ?
St any an. No ; Mr, Delafaye wrote down
tbe 4|uestions and answers.
Mr, Uungerford. How was the position of
Mr. Layer, wii'li respect to you ; was your back
orftice towards him ?
Stc^iiytiH, tt was on one side.
Mr Hungtrford. Was you in the room when
Mr. Layer came in tirst ?'
Sianyan. I wfts, I called on Mr. Layer by tbe
lords' order.
Mr. Jluti^terford. Was it ever read to bim ?
- Sianoan. No.
Mr. Hungct/ord, Was it drawn np in form,
so tljftt you inrght call It an examination ?
Slufiyan. I will ttM you what we imder«ilooil
by it ; it was the minutes of an exammatioii to
be drawn out in form : but the lords finding
Mr. Layer not so candid and ingenuous as they
thought he would hare been, did not ask huii
to sign it ; ai^il we only make use of it to te*
fresh our memorie!».
Mr. Ketrthey^ If e calls it an examination,
and it appears by what Mr. Stnuyau saitii, ibat
be and Mr. Detafaye took it ; onet^ke^ont
part, and the other takes another part.
Soi, Gen. He did not say any such thing,
Mr, KeUii^y. Hii confession was in^fer
read over to bim.
SoL Gen. Mr. Slanyan, when tiie lords
directed Mr. Delafaye and you to write this or
that particular thing, was the prisnnei so near
that in your apprehension be might bear their
lordships give such directions ?
St any an. Yes^ he was,
Mr. Hungerfvrd. Sure tbey are not contend-
ing, that any confession should affect a man^ un-
less it was read to bim , and it ought to he signed
by him ; my lord, the man ts no way answerabtsT
for an)' thing taken in writing, without bis con-
sent or privity, in a criminal case : it is called
minutes, or an examination, which tbey migbl
enlarge a?i they please ; therefore we humbly
submit it to your lordship, whether it ought t9
be offered in evidence at all as a confession.
Mr. Kctelhcy. What w ill be tbe canse^uence,
if tills be allowed here? Is a person to be con-
victed of treaion upon a confession taken, with*
out its being read to btm, and %vitbout his sign-
ing it ? A coufession to a justice of peace in
cases of felony, unless read to the party, aiul
signed by him, must not be given in evidence.
Ir. C. "J. Mr, Ketelbey , you seem to mistak*
what it ii that is contended for by the king's
counsel : they are not goin^ to offer any thing
to be read in evidence ; your object ion would
prevail, if tbey were a going to read a confes-
sion as evidence, which was neither read to
him, nor signed by bim ; but if there is no exa-
mination reduced into writinfiTt and signed by
the party, tbe consequence of that is, that Ihe
witness is at liberty to give an account of wbal
I
■
■
I
t
J 15] 0 GEORGE 1.
was said I and be may look to his D^tes to re-
fresh his memory : it' you will siy, it is uot so
great au eviilence, of so ^reat \vetght« as an
examination taken, and tiigned by the party,
there its some room left, some foundation ca
ail n pose the evidence may he mtstakeo.
He asya» he was examined l>efore the lords
of the council ; and he took minutes of hia exa*
tniuatioD : and atierirarda lo refresh himself,
be looks upon them and aays^ he heJieves that
ti the substance of what he conj^ssed at that
lime. You say, there is no precedent for it ;
for God^B sake ! recoil ect yourself, it is every
day done at the Old Bailey : if a person con-
feBsetl), and it he not in writing, they do prove
bis conft^ssion, viva voce,
SoL Qdn, My lord, Coleman's case, which
was during the time tlmt sir William Jones waa
sttOFoey f^enerat, went further than this: there
his letters were laid in the indtctroent, as the
^ery overt act of the liig^h treason charged
a^siM^t him ; and yet one of those letters wa«
nrored hy hi^ confession^ u|H)u an examination
before a committee of the Houie of I^rds $ and
that confession was proved, viva voce^ by sir
Philip Ltoyd.
Mr. Keulbeif. Whether that case will be a
prt'oedeni f 1 never beard it so reckone4l.
Mr. Hungerfard, And 1 ho[te it will never
lie one,
Mr. Delufa^t sworn.
8erj, Che%kirt. Mr. Delatave, pray give an
account what Mr. Layer declared before the
lords of the council concerning' these receipts.
jyclujayt, The account he jjave
L. C,J, Mr. Delafaye, yon was present at
Ihe time of taking: this examination ; you say
you took minute:* in writinjp;' ^ you have told us
the reason why it was not in form, and read to
Mr, Layer: if you have not already done it,
you may look to your minutes, and refresh
your memory ; ihut which the Court demands
df you is, what Mr. Layer did c^infess ut ihe
time of his •xamiuatioQ before the lords of the
council.
Delafaye. He told the lords, that he did
write to sir William ElUa, that he would send
over some blank roc^ipta under the king's own
band, that might be made use of, tor the carry-
ing on this cause : that he did receive such re-
ceipts, and his intention was to have tried his
friends, and to have raised money am those re*
oetpts.
8i»rj. Chtmhirt. Did he give any reason why
bf wifnt into that method ?
Dfitifaye, For a precedent, he said, a little
before the restoration of king Charles 3, a me -
thoil of this kind had been used.
Jtt, Gen, iVIy lord, weshnll now proceed ta
read the letters ihat were sent and pasted be-
tween tbem^sir William Ellis and Mr Layer:
biii ti will be proper first to lay before you the
cyplicfrs which they made use of to explain se-
vermi cant words and expressions, which they
used in their I tetters.
L* C. X Were the cyphers found among
Hr*L«jer'spftpciif
Trial qf Christopher Letter f
[S16
a great deal of pH
Alt. Gen, Yes, my lord,
Serj. Cluihire, Pray lead N». 38*
AH,Gttu I dcm't know whether we
trouble your lordship to read the whole cypbcr;
it is very long ; but %vhen %ve meet with a word
in the letters wfiicli wants ex|danaiio<k* we may
have recourse to tht; cypher* Read the Idler
CL qf the Cr. reads. This letter b i
Eustace Jones, &c.
"Dear Sir;
** I received with
and satistaction, a letter 'of the 2irh <
her, from my worthy friend, wttli all i
of \m safe arrival, of which I uaii in some
dtiubt before, and in no small psun oo that ac-
count: I easily conceive he must tjf^cdi liiv«
had a great deal of business on his retitm, as
well of hh uncle's as of his own ; and there-
tore, I don't think mucti th.it 1 tic^nl m
sooner from bim, believing he wa?« much bMlir
employ^t ^nd that busioets b to be preiWi^
before comphment.
♦* I was entirely of his opinion as to the me*
thod of carrying on the maniifiietoiy ; the pro^
curinq;: of f^ood workmen, is the first step to be
made, and if he can get such, the rest will he
easy ; and particularly if be could giitn 9oin€
of the ablest of Mn&. Barbara Smith's, 1 knofr
it would be very agreeable to all conceroed*
and particularly to Mr, Atkins, to whom bi
spoke of writing; and which, I am sattslled,
will be very acceptalde i and if he thinks fit lo
inclojie it to me, I shall convey it safety to hji
hands, w ho, I find, was very gliii to bear of
him, counrs ?t;ry much upon his frieiidslii|r,
and hopes for the coutiouancc of if.
" I made his compliments to Mr T;f..«»«t^*
Watson ^B wite, who t<Kjk them ver> I t
returns hers, with her most homtk :_:_,-,
She and her charge are very we(l» Oi»i he
praised, as are alio all friends here.
*^ He having read uver several tinirt the
paper 1 shewed him, and having a gtood fite-
mory, 1 dou*t think it necessary to tend % i
of it.
** I am with great esteem and respect,
most entirely, dear 8ir, your mftst atfectiontli
most humble, and most ol^edieut servant,
** El'stace JoTMtt,*"
*' January 30ih. For James Foun-
taine, ^W{, lo be leJt at HowelPt
cotlee- house, to Great Witd-sltvet,
London.*'
Att,Gen, Your lonkliip is pleased
member, Mr. Stanysn satd; that sir Will
£lli.*« was to write by the name of Jiiiitaa*
Stan^^an, My lord, he did suy, that he I
received a letter since he had i^etlled a cu
jHindence with sir VVthtam Ellis subsciribcd I
the name of Jones*
AtL Gen. la the cypher air William Ellis m
calle^l Jones,
CI of the Cr, reads. This letter is signed
Eustace Jones, dated GOtb Januaryi no yeftr,
*« De^ ^^ 1 ttoeivedt" ^c.
i
Jqy High Trtti^tmm\
Your lanJsbip will be pleased to
\ «X|M^MstonA iti ibU leiier, the |iro-
Ffvod worktDefi : now look in the cy-
\ • ttdUlicr^* are meaut by * workmen /
ry* MiiDijt) ibe cyjiliera; bui I
Uir whftt tiijitiutkctory tbev wanted
^ to r*i%e % n bell ion* ^he ablest
rfi«ra Hmub's; look tor <ai my* in
soil you tvtll Bnd, that is siguiiietl
It vvUl be %ciy acceptable to all
' : ii !,irly to Ml. Alkiuit ; in
rreteniler.* Compti-
l.iii.fiu^ Watson's wife; look
plicr«, null * Timothy ' stands for
wlii*»e wile is nurse to the Pre-
Tbift letter id directed for James
**4^. to be left ut Howell's coflfee-
Vdi|.5U-eet; nud 1 obser?e,
the prifitmer %vei}t by the
Nil. \% sre six ficliuous
V to them: Read it.
l^fAc CV« uads No. lU.
* Digby Dillon.
Urrrry Burtbni,
Ri^nt- Steel »
I f«— ^— Tannen*
.:^^. WngglU
Uogcro—piunkett,"
,'Of». Hriid the letter No. 40,
f/ jdi, Hi^edN*adaledthe
rrr'TiH wIlU all possible mitisl'jictian
D»- i:*telHier of mh May, with
*^v I was prenentty deliveretl to
^ bu took it extrcTiii* kindly ; but
^ uiidiT&t^nd wlMit relates to Mr.
n : ntir answer to what I
^Ur . last mofitbf may soon
t iiii¥e lieen, by what t then
•ritier CJitne sate to liis baiMls,
„..>^ ..) your not having- bud a dis-
•f Ift It : he liad the diiK^kinsjs yoa
.11. arid returns vtHiinnny thanks* tor
itl other marks of your af-
■\ for him and bis, and triU
\^*i thereof on all occa-
i expectation of heariDj^
• li, i&iid am, with all possible
ITI, tJciir Sir, your most faiiti-
.lant, N.C/*
'» e?M|. to be
, roH'ee* house, in
<'et, Lmdon,**
?rx UKiriithat N.C.F
, Ci£^ A^ J ^^^t^% we do not know^ tt is
I Wmmimmu «iq« Mr. 8i. JoHn
1tr« B«diit4 ftpy^eart to atoftd for
I CVss^ in tlio iilllfl C7pl««T.
iiiMiii«gr^«^ Li>#kiiit«ifc.pajieni>pray,
KjtmI iImb ii£iirr N«. 41.
r CV This is dat«d thi* STth May, it
MJMniVf isordtr«(rt«d t4» any bcidy ;
^^^ A- D. 1722. [218
'* Dear Sir ; Mfly St.
" I receii ed wttb ■ great deal of pteasuret
tbefaFourof your nio«»t oblig^ing- letter of 2^d
March, with an inclo'ied for our friend, iiho
was \^T^ [^iad to bear from ^'ou \ anil is ferjr
sensible of, and lakes very kindly the care you
lake of bis lutle concern there ; but aaya, be
doth not sufficteotty understand the state you
sent, so as to be able to make a particular ao-
swer, till you Khali furlher explain it ; there
being some tenauis^ mentioned by you, whose
names be dfies not liud in the reutai, as Bur-
ford, 8teel, Dij(bv, tbe little soldier, and SioH
moadii; the latter, be beUevcs should hm
Simmes, be is of the North, a grey haired
ancient man, whom he very \tell remembers^
and bas a particular esit-«m and value for, as •
very g;^oi>d tenant, and a very honest man.
'' All friends here are in perfect good bealtliy
God be thanked, and remember tbemteUe* '
kindly to you, and 1 am most entirely,
'* Youn, &c.»'
Sol. Gen, If you look into the cypher yoii
will tind lieui&l stands as tbe fictitious name lor
the cypher itself; Burf Jrd stands for tbe lard Or-
rery ,^Steel Ibr the Regent, and Digbv for general^ |
Dillon. Sim mona, be believes should be Sim mes,
butSin^monds in tbe large cypher is put for lord
North and Grey, and who is meant, apjiears
pretty plain from tbe cant which follows. '' lie
IS of tbe North, a grey haired ancient man,
whom be well renieniberii, and bath a particular
esteem and value tor, as a very good tenant,
and a very bonsat man.**
Att. Gen, Look for Simmons in the cypKer,
Mr. Hungerford, I can make one observa*
tioii, that Mr, Harcourl is very ready at*
CL qf ike Cr, It is alpbabeted, so that it b ^
m^y to look for it. i
L. C. X What use do yoii make of tbea^
letters?
Sol, Gen. The use we make of tbem is t^i {
shew that Mr. Layer, who took on bim tbe \
sham-name of Founiaine, by wbieb iiRinesc
of these letters are addressed, had a correspoii-i ]
dence with the friends of ibe TVetender it'
Home. Tbai this corr^i^ndeDce related to i
coni^piracy, wbicb Has fanDedand carrying oa '
bert; ; and it appears, they look upon ilu in \%
mention Aeveral persons of distinctiim under %
ktQ4l of jargon.
Ait. Gen, The first letter wherein is men* I
lioiied tbe carry ini^ on the manufactory, the I
procuring good workmen, and particularly, if J
he could gain some of the ablest of Mrs. Barw j
bam Smith s, and that it would be very agre#»
able to all concerned, and particulat ly to Mr«
AikhiH, which istlie iwime for the Pretender | j
ahevrSftlmt tbe ngentsof tlieprelender nt Uomayj
iMbd laid desigiia u procure s«4dters, and tbo&e^ j
if pOMolhle, out «4' bisoti^ie<sty's lr«>op«; which (
lalis ill wilb the e%iden('e we have given of tbsJ
prijiuuer*s endeavours to get aokliers aad ser
jeaMts oifl of tlH; aroiy.
Serj. CkeMre, it mhj aot be iaapreper, '
siuce we have explained itp to lay belore ycm
S19J
9 GEORGE I.
Trial c/ Christopher La^er^
[220
the list of several |»erson8' names that are in
the ami}*. Pray read No. 7, oul of ihe large
4>ari<llc.
CL of (he Cr. reads fi List of oflicen:, names
Willi marks iiml numUns tu some of* them
Att. Gtn, We tliit tnenlion before that there
were ihe n antes of »e?eral j»ersor»8 of fery
great bttnouraitd loyalty to his ninjcsty ia some
nf tbehst^; but this is' to shevr, that tW pri-
soner was consuUio^ how he niiijhi gel an ac*
count of the aumber of the lorces; as bow
many colonels^ how mauy captatos, and how
'luaoy soldiers there were in tlie g^unrds and
0tlier troops of his majesty. Bend No, 5, in
the hrge bundle*
Cl.qfihtCr, reads No. 5. A List of officers
4)f the second , or Coldstream regititcnt of gnnrds.
Ait, Gen, We make the s;icne use of itiis to
•shew, that he was searchio^ and examiub^ tu
get an account of the guards.
L*C. J. I suppose he is taking a surrey of
the persons thai were of the guards, that he
inighi be capable of makint( a judgment.
AU. Gen. Yes, my lord ; and to know
tbeir strengib : Look out No. 6, in die large
bundk;.
CL of the Cr, reads No. 6. A List of offi*
cers in the first U<\*\\\ (»f horse-grenadiers, the
names being distinguished l)y dilferent letters.
No, 7. out of the same bundle, A fist, &c. here
are eleven of them put duwn.
SoL Ctn, Read No. 8» in the large boodle,
CI. ofiheCr. rtadft No. 8, A List, cSrc.
Alt, Gen. Yoiw lordship will obscfve, that
I this ii a list of some persons* names, and the
tiumbers of horses and men they were to
, jirovide.
X. C* J. You Hill have this to import an ac-
count af what quotas ae? eral persons were to
find.
4'^ Gen, The last was read for thai purpose :
Bead No. 15, in the large bundle.
Cl> of the Cr, reads No. 15, containing
dtfers nameSf with numbers set against some of
Ihem.
Seij. Ptngell*/, Read No. 20, SI, 29, 83, and
S4,in the large bundle.
CL of ihe Cr. reads No. 30» containing a
list of the great officers of the Tower, No. 2 1,
«ontaiuing names of ofticers of the second
troop of horse -giiards, second troop of horse-
frrenadiers, and ibuiib- troop of honie-guards.
No. 2!it, containing a list of names. No. 2:i,
containing names of officers of the first, second,
third and fourth troops of guards. No. 24,
containing the names of two officers of the
borse- guards.
Ait. Gen, Ijook upon that list, No. 21, whe-
ther there are not some private marks u^mn it.
CL of the Cr, Yes, here is upon one of them
m dot, and on the other side there is a dot ; and
two or three places some men marked and
^«roii8ed.
Serj. Cheihhe, Read No, «5.
CL of the Cr, read?* So. 25, containing a
' list of officers, five of thtin marked to be *' not
bad/
ftfr. Reeifie, Are the words * not bad* of tha
same hand-writing f
CL of the Cr, Yes, it doth appear to me l«
be so.
Hjrj. Penget/y, Read tbc'tille of No. 22. J
CL »fthe Cr, Here arc a great tnany ]
pleV names, with murks tipoo same, aud t
upon others : upou one of them is writ*!
" liain Johnson, to he gained.*
8erj. I*cnfidhj. Read No. ^T^
CI, of the Cr, reads, A List of the i
men I of guards ; against sereral
names are dot^ and mai ks.
8erj. Pengctiy. Re:ul No. ^^ .
CL of the Cr' read's, A Lbt of the i
the Coldstream regiitic iit of guards ; and a Lilt
of the officers of the Scotch guards.
&»/. Gen. Read No, :^5-
CL of the Cr, reads S^, 35. A Paper.
tain in g ati account of the numbers ol the ^
cers and soldiers in the first, second, and l'
regiment of loot guards.
Strj. Pengdly. My lord, we be^ le
ask JVIr. Deiafaye and hit, Siaograo in
three questions, to support the evtdi
Mr. Lynch and Mr. Plunkett, in rela
some particular facts ; whether at the tin
the examiniition of Mr- Layer belore the I
of the council, any thing was said of
Layer's being at Rome ?
Mr HuHgtrfard, With humble aoboii]
Mr, Laytr*s being at Roaie, and correaponj
with the Preteuder, (if he did so) is made
son by another act of pmliumf nl, not by
act of parliuinent upon \i/hich he is indio
iherefore, whether he was himself at Romd
corresponded vrith the Pretender, canii
ofTered as an evidence of high treason up4Mi4
indiclmenL
8erj. Pen^dly, Tt is only to shew tb€ ]
babihiy nfhis receiving those receipts.
Mn KeieUey Since we did not know t
thing of those papers, we could not prop
make our exceptions against thetu, till
heard them read; and now, if ihey proved
thing, it rs the liolding correspondence witf
Pidiender : but that relates to another lat
of parliament ; it is another species of tre
and the evidence wbicU they would ^t
confessiuu, viva voce ; they say, it m\
6U|)[iort these papers that are read ;
make any objection to a paper which wfil
know nothing of? 1 believe few in the r
know what the meaning of these papers I
now they are read ; for my part, I know
little of them ; we apprehend^ that Inste
being allowml to support this evidence, I
proving a foreign correspondence between
Liver and the Pretender, by the name of ]
James, which is made treason by a pafli<
act of parbimient ; Ibey ou!>ht rather to
mdictetl lum upon that, than endeavour
support their defective proof by giving eviid«
of an oAence, which may be matter of anoi!
eni|uiry.
Attn Gen. My lord, we apprehend a proof,
tliai the prisoner was at Rome^ and bao c
ei^
1^
Jot Hi;;h Treaim*
I Pretender t will be very pm* i
ie, and explain I he Mvi^u-rrf^ |
vep hy the witnes^^'
amt Vir Wilhaiii La - ..■ -
^naac^er ; and for tbose porposes we
mm 9f it.
Though we apprf bead we have
9 ttxtrenwly strong ali'eady^ yet
hmm heeti opeued m^y be ofTeretl by
coaEmiAtian : notwithstamlin^
wbicfa IB made, that we are at-
e €f idenee of another kind ot'
[|<^ed i»i \hM indictment, vet we
Ui«t it is proptj- here, as cjrcum-
uf tlj€ treason which is alleged,
a conspiisry enl^red into bc-
fftiitleman mul taiivr^, to bring in
kreiirr, and levy war for tbnt purpose ^
1^ iftolea aiirnc'l innip^ T^ iitiwh he re-
101 sir Wii at the
r'»««)tirL N ing, hy
ibat tlie piDioni^r was actuaJly at
iBtl liaid pc*r«onai conferences with the
r biaifteU'; tUat^ surely, must be ad*
W m luaterial eircuui&tance to support
nf iJince other facts, Hje^f leave to
M it haa been held, even since the stat.
r ^ctfi of high treason, not laid in
may be given in evidence, if
iTicti ic» the proof of some oven act
tbvre laid.
C^cmMtc, We apprehend your lord-
twieive evidence of the same kind of
n \i.s, < r 't* Tr»..- In nrder to prove the
d and conspired
, place him upon
r did correapond with his mi*
^iiabebad aocesa to the i'l'etender him-
I aai he did own it. That wc iippr^hend
J a ilap higher, somethin;^ further than
/badmitlMl; and if it t« proper e?i-
^thrra ia oo rctaoia why it shouid t)e re-
^^^^.^ It b Imef we have not indicted
IwUlMaDfiabto eorreapundeuce ^ith the
p Ibiercibre they object, we cannot
"ear any tuch correapondeoce upon
■•a« humbly apprehend^ every thing
l^atn^anrtr (hai Hill ^Ain creilii Ut
l^ proper evirleiice, Jt
tlint a ectuleuian of
» «4 lilt U\r Biiituld enter into this
' deiigij^ which \h exprcasly i^worn
*o*ii»o itiinciwe*, whose creilitthey
J^^P^ii ; therefore we humbly otter
*~ Bittal evidence. This sjen-
V from hi» pi-ofes§ion, hath
rkiodty '
' «^i^aianidei :>
^^ JH'»Cf*^*t"f irtii>isi.i.^r> :
*'» I e cr^nht to
Jt lia .. ^,.^i. J* ^otitive ^it*
^•**^ thiok tl proper, and sub*
**^^ fi» tui, thty art not g«-
A. D. 1722- [2«2
iii^ upon an evidence of a new overt a«t *if
trea^ion ; the ovcii acts are ron^^ultingf ad*
viiiing, and a^jreeing to raiae a rcihellion.
Mr* Uun^trjotiL I humbly beg your lord*
ah in's pardon.
i, C* J» If von will not hear me, you will
teach me not to hear you,
hlf, Hungerford, Sly lord, I hope we have
a right to reply.
Mr. Wtit. Upon the first letter of sir WiU
haul Eilis's he congratulates him, as hia friend,
on hia safe arrival.
IVfr. HungcrforcK My lord, I beg your lord*
shin's pardou ; 1 am in\he service of my client*
anj in endeavouring to do him service, I am
verily persuaded 1 shall not offend your lord-
ship : really, for my part, 1 cannot satisfy my*
self that the evidence which they tender to the
Court is a proper cf tdence.
This gentleman is indicted upon the sta*
tutc de l\oiiitionibus, 25 Kd. 3. The overt
acts laid in the indictment are, his coni; idling,
conspiring and agreeiu'^ to raise a rebellion,
aod to levy war against (he king, <^c.
There is an act of parlcunent in the la^t year
of king William, thereby the Pretender m at*
tainted, which makes corresponding with th#
Pretender, or any of his oilherenls high treason ;
and when any man commits thai particular
treason, he ia liable to be taken up and proae-
cuted for it. Now, mv hird« shalj I hey be ad-
mitted to give an eviJi?nce ol* a treaMin com-
mitted in breach of one act of parliament, when
they are prosecuting him upon another ; they
may as well offer evidence against him lor
counterfeiting the great seal, or clipping and
coining, for the sake of evidence : we ho|ie tht«
practice shall not be allowed; if they are so
full of proof (as by their o^^ening they seemed
to be] which by the rulet* of )uw can reach this
man's life, which 1 cunnot yet see, lei justice
t»ke its course: but we humbly hope they shall
not be permitted to give evidence of facts which
are entirely foreign to the present aecusatjon,
antl can be calculated fur nothing but to capti-
vate the jury, by acquainting them that the pri-
soner hnth been at Home. Hut if the kind's
counsel will htiveit etfertually published thattlie
prisoner hath been at Rona\ let them consent
to have him found not guilty upon this indict-
ment, and let hitii then be prosecuted upon the
act, for corrc!;pouiling with the Pretender, and
see what will come of it.
Mr. KttdiKi/. The act of parliament that
makes this new treason is the latUaod ] 4th of
king William ; which not only makes that
treason which was not treason belbre, but puts
it on « new method of trial in any county of
England, vfhere it is laid. Now they would
gi»e iti evidence a fact, which Mr, Serjeant
Cheshire says is evidence of the same kuid of
treason^ though in a lowt^r degree, and onifbl
to he received to prove lb*? utrtt ucU of vm\*
suiting and conspiring to restore, oiid bring
the Pretender to the throne : As to tha evi-
dence that hath been read, we could i»ot liate
objected to the papera, became we did not
9SS] 9 GEORGE I.
know what they were, nor whether thfl¥ re-
lated to a foreiga or domestic oorrespoiideiice.
Now, because they are read, as heinir fouod oo
a person to whom he gave them ; shall they,
to support a treason o? compassing and ima-
gining the death of the king, give erideace of
corresponding with the Pretender ?
My lord, I do not apprehend the .king's
counsel have given us any manner of answer ;
and therefore shall not take op any more of
your lordship's time, by repeating m a reply,
what I offerefi before by way of objection : I
rabmit it to your lordship.
L. C. J. Sure as this evidence is offered it is
very proper; consider, in the indictment the
ofert-acts are, meeUng, consulting, adrising
and agreeing to raise a rebellioD. The next is,
pabliminif a traitorous libel, in which rewards
are promised to those that would assist in this
rebellion ; a third orert act is, the enga^ng
and listing men for the senrice of the Pre-
tender ; a fourth is, a designing to depose the
king ; and another is, to set up the Pretender
on the throne : Now, consider, if they have
not given an evidence of these overt-acts, whe-
ther sufficient or not, that must be left to the
jury ; if they have given evidence of these acts,
a design to set up the Pretender, and to depose
the king, &c. 1 f they are not proper to shew for
this purpose this gentleman corresponded with
Rome, was with the Pretender, then lettere
sent from sir William Ellis to him : letten (ac-
cording to his desire) purporting receipts for
■urns of money to be signed by the Pretender,
as a fotindation to oblige him to make re-pay-
roent: After this and these things have been
offered, is it not proper to go as far as tliey can
on this head, and shew how far he hath been
engaged with the Pretender and bis accom-
plices f Sure it is proper, as a further evidence
of these overt- acts.
Do not trouble yourself as to that, no use
shall be made of that, to charge you with the
treason made so by another act of parliament,
about corresponding with the Prt tender, for
evidence it is proper here,* and it neither can,
nor shall be made use of to any other purpose.
Mr. Reevt. Blr. Stan van, pray go on, and
give an account of what he contessed, when
examined before the lords of the council about
his being at Rome.
Stanyan, Mr. Layer did acknowledge he
had been at Rome, and returneil from thence
in July 17Sl,hesaid he had had two confer-
ences with the Pretender.
Mr. Ketelhey, 1 think Mr. Stanyan said, he
had taken minutes of his examination ; I had
rather see the minutes than trust to his me-
mory. BIy lord, in the trial of the two Bailiffs
in this court, the substance of what the de-
ceased said was reduced into writing; and
therefore tlie parole- evidence that was offered
to be given was rejected, f rabmit it to yoar
lordship, whether the rnio is not tlm anna in
greater
ly and anch
bi**-'
Trial of ChriHapker Layer ^ [224
before your lordship. I have not the least
disresp^t for Mr. Stanyan, and couM take hit
word for any thing but my citent'a lif« ; there-
fore, we hope he shall prodnee thoan salei^
which he hath referred to once or' twioe, mw
he is |(oing to give a further aeeoont ii Ui
examination.
Mr. HuHgerford. My knrd, I waa noaiitl in
that case ; the justice of peace who bad taken
Mr. Lutterel's examination did not appeari aai
that examination could not be had ; tacra wm
a copy of it taken and produced, and pravad ki
court to be a true copy, but y oar hwdaUp wmdd
not let that copy be read, or the subject
of it to be given in evidence, unicaa tlM
examination itself were produced.
L. C. /. Mr. At'orney, von hear ham tha
matter is, Mr. Delafaye and Mr. Stanyan giva
an aocount that they were comnnamM by tha
lords of the council to attend and take mlniUrt
of Mr. Layer's examination before them ; that
they have those minutes, and have kiokad kt$
those minutes to refresh their memoricar W
they desire they may be produced, do yaaap-
pose it P Have you tlie minntea here f
Si^nyan. Yes, my lord.
Seij. Pengelly. Then may be a great wtrnf
things that are not material to the preaentcain
of Mr. Layer ; why shenU they have all thcsn
minutes read P It is not for the sake of tb«
prisoner at the bar, but for the sake of aonw
other people, who may be listening here.
In the case of Lutterel, there waa n o
plete examination taken by a justice of
peace : In this case there is no exan
completed and drawn up ; it is nothing but nia
oral confession, and amounts to no more. Tb^
minutes the witnesses may take in their
as proper to refresh their memories.
Att. Gen. Their desiring to have these mdk*^
notes read, is not so much for the sake of tkcfcr
own client ar for the sake of other people.
Serj. Cheshire. How the matter in that camito
was
L, C. J. It is enough, 1 only asked Mr. A%^
toroey General, whether he thought fit to eaaaa^
sent to it ; and without his consent, we are ^4
opinion, that they cannot be read.
I asked Mr. Attorney the question, and mrai
not aware of any ill consequence.
Mr. Attoracy says, the minutes refer to ^M
whole examination, ami to a great many cvChM
people, and it would he for the diaservice of ^^
king to have these things disclosed. Mr« M
torney might have refused to consent wa^ta^
giving a reason, but he hath given a g9f>^ ^^
son, and therefore will not consent that ll::a«y ■
read.
Mr. Ketelhey. We do not consent t*» ^■f
them, but insist upon their being read. j
Att, Gen. We do not ask your eooa«n<*
Mr. Keteibey. If you do not ask it, anor
it, wo are ao far even ; bat I aasore yovs
Ml. Ar .M ■
■nob^
y&r High Tnoion.
> »liti rnitiutes Uketi
^ tiiAtti!rs are out
u> the xvorM*
ofT ilroppf^tl, OA if
9111 irr lor ttie stike uf
HI, we t!oiiiruiri sucit
of couiiyef tbr Uuit
^ linn iMfth tiiii^ly.
\m% we tMivj;nrtl cr>un«e1 for hitiif
jr«u liB«l, 1 believe you would not
til In 1 1 live Kjud to niucli.
No« iDdeeil.
:ciiy, x\Ip. SUnyonf plense to r«coN
wliru Mr. Layt-r wu» exnmined
lor^ii of tiiv coutinl« (it is to confirm
tif Mr. L^Qch) any tLiiog- pwi9ed
J. Biit before you was intendtng to
^ J _• to Roiue, mid having
' iiiler.
r^j^v My krftd, iltut he bath taid
N«»te I ii^k you what wds satd
rdiliog to the drclanition ?
TW kirdi t»ked Mr. Layer, >f he
Ijf ih'rtjiration : he saiil no, he had
lie drew htiotelf:
t declaration waa,
be baJi«ircd i>tie VV il>iiin tiad it.
iiy. Has auy ijuestiona Mked
M it^ffton* tliat had seeu it ?
Ye* I be said the onJy nenont
it was* that VViliionf oue Uilliam
\fm iMO-jiiritiff iiart^on« umi fme Lynch.
^ Bimfdly. VV here did be meniioD to
hawwtt tii Lynch f
i|f«i^ Oa hies way to mv lord North and
•»«! tl>e Green Mhu at l^ppinif*
i» P&m^tllf, \\^ ih^rii any thing* more
y LAjfar, raUting to Ikiat journey to Ep-
•lid wbatf
•5«M. fir iiAjd that he went to my lord
I attd Or^y '§, und dined at the Green Mao
'•em I Ibini be carrie^l Mr. Lynch la my
Will and Grey^ti, and recfim mended him
}\mi Nfirtti mid Grey %a h proper peraon
lia[y4i»^Mi. 1 think it was employed in
MPKunn* or id any thiu^ »'lt»e, that hta
ii^ibiiulii oonunattd him.
It ttitlhrjf. If he i« not rertftin, I deatre
^ pTDitiicii hia minutes, as be (fires bii
e«ih hia inetnory.
rl «.» I
i ti*m tM «iy
on for hvi
(idi<d him oa a proper
An uiKur'^etiUon, and
that b
3 hat Layer
and Grey
npt,
• youaaid inan
' ed or lhiMrg;ht ;
' lio ofi, the
an at the
e» yon aay
•ill as you
A. D. 1T22. 1^226
pve m povititre evidcrnce^ that thta was cocifest
by Mr* f^yer.
Siangan, i hnve r€'4?otlect«Ml the worda^ and
Mr. Layer used tho^ie wortla,
Bf r. KttfJbey^ From wtience ia it that yoa
are now jso positive, and were not sf» at first f ^
Sianyitn, i did say the wordii »! hrsl.
Mr. Kettibey. Elut yi»u said <t wiili an alle*
▼iaiioo ; I deitire to know, if you are pouiira
Iboae were the worda f
Stanyan, 1 am very poaitiTe,
Mr. Kcteibej^. And yet you were not posiiif*
before r
Siani^an, f did not lay I was not positif e.
Mr. Hungcrford, Did you give your evi*
deuce, that you was certain he t^aid that he bad
recommended Lynch, as a proper person Ui bn
eonceruetl in an insurrection 4nifeoeral,or only
&a a proper per»)n to seia^ my lord Cadogaii,
or both ? IJow did he ejirprcss faim*felf?
$lanyan. 1 will telt yuu how tht; v^ordi were:
Lynch iiaving told him he would seize my lord
Cadotpin. Layer recommends Lynch to my
lord North and Grey as a proper person for audi
an attempt.
Mr. Hungtrford* Then the insurrection was
out of the 5^aae ; he was only recommended tn
my turd North and Grey aa a proper per^u td
aejze my lord Cadogun.
Mr. Ktitlbcjf, I think you have repeated it
three timea, and ihlferentat each time ; unw
please to rectify your n^emory, and let \is have
It BO aa it may be understood.
1 must deoire it in this case^ my client is
upon hia hf«>, and ho ahould have riij;hl, 1 am
sure he will have it from the Court and iha
Jury.
We desire to know whether you give tucli
an evidetice of this part of hi« confession^ with
respect to [\\& rt^com mending IVlr. Lynch to my
lord North and Grey» a2» you will i^iiind by i:*
M r . Hu ngtrfitrd, M r . Stany an » pray*, give
an account once for all how that matter was,
Stanifan. J can give no other account*
]Vlr. Keleihej/, lie hath vaneil every time; I
appeal to Mr. Allorney, I appeal to your lord*
abip,
i, C. X Wherein it the variaiioa ?
Mr. Kctnlbey, First he ncquaiutt you, that
he coiifesiiefj/that he recommended Lynch to
my lord North and Grey, aa a tii per«on to btt
em I * ' ^e Uiitjks, or helitives. it wa§ in ait
lu ] and then he sayii, he m ]»ositire
thuk f.ir >< v.tanmended him to my loni Noitli
and Grey, an one that Wtt» tit to he employed
in an iiMUrreclion, nr>d »t last he aayat^ hf* was
recommendvd by Mr, Layer to my h>ni North
and Grey, as the tit per-iM>ii to seiace my lord
Cadu4ran. 1 apprai to your lurdt^hip^a mm*
luory, uind hia own oath, whether thiji wan nol
so, and yet he ia poaittve of it, he in sure of it.
L, C* J* Is there auy diderence in all thiaf
Mr. Ketcllfey, As much as betw«eu being
certain, and being uncertain,
X. C. X For what ^ Vou talk of the vsrit*
tion between an inaorrection and selling ttiy
lord Cadogau. Tlie insurracttou was uanly %m
Q
I
9 GEORGE L
Triat of Ckmfophw Layer^
tie made on the fteiz'm^r my lord Cadograti, at the
fame lime an to tkeilitate the insurreciion ; both
•ware to go trigelher ; if he was a proper person
to seizes my hird Cailogtm^ he was a pro|)er per-
foil to be employed in an insurrection.
Mr. Ketdbey. He is charging the prisoner
vith his contessiont ami therefore^ I say, he
liAlh mentioned it with two or three variations :
'firHt, that he was tit to be employed in an insur*
rectton, and he explains ttiat by seizing my
Jonl Cadog'an.
^ L, C. /. That IS part of the insurrection*
Mr, KtUlbey. Surelyi my lord, this serres
to make otsr objection so much the stronger
^^ainal aliowiog^ parole evidence of a confes-
smni ifhich was put in writinir-.
Att. Gen, 1 can't imat^ioe what they
mean ; here is a ^enileraan that ^ves an ac-
^ntmt, that the prisoner confe^^ed that he re-
commended Lynch to my lofil North and Grey,
as u proper person to be emplnyed in the insur*
nectiont and to seize my lord Cadogan | where
is the variation in thi;*?
Soi. Gen. Mr. Stanyan, j'ou was wtrinpf an
mccotmt of Mr Layer's recommending Lynch
toroy loid North and Grey; did Mr. Layer
declare any thing further relating to thai
h matter?
Siangan, He said my lord North and Grey
feceifed him civilly ; he supped there, and lay
there that nighty and they dined tliere the next
day.
Sol. Gen. Did he give any account of what
passed at dinner?
Stanyan, 1 donH know whether it wasju«!t
I At driiner, or afierwards : but he said tliat se-
veral healths were drunk, which were be^un
by my hrd North and Grey ; and after dinner
there came in a man they called a citizen, they
drank the Prctender^s health, bis wife and the
young prince.
St)i. Gen. Did the prisoner say any thing
about the christening ol hit child?
St any an. That was^ when he confessed be*
fore the lords that he was at Rome ; in the
conference he had with the Pretender, he lo^}k
occasion to speak of the discontents of the na-
lti)n, which liati bt-en occasioned by the losses
sustained in the 8oulh 8ea. The Pretender
Hsked him if he knew any persons of dislinc-
tion in thet case ? He said, that he knew a
great many that were well ^a Reeled to his inte-
rest ; that he was not acf|uainted with people
of quality ; but that he knew several of ffood
estates that were very well -affected to hi?! mle-
rest* Upon this the Pretender asked hiia se*
feral cjne^tioos ; says he, it must be Tery ex-
pensive to you to come hUher to Rome, it must
cost you 500/. N0| sajth he, not above half so
much. Then the Pretender praisefl his zea(»
and commended him ; afker that Mr, Layer
asked the Pretemler to pire him some tokens
or credentials, thai he mi|f hi have sometbing
fi-om his majesty ; that would be a means of
his ci^aining cretlit among his friends here. He
isys the Pretender scrupled that: then Mr*
Layer proposed al'tematds that the Pretender's
wife should stand aagml-motber to his daogh*
ter, to Mr. Layer's daughter ; I hat aflerwardi
col. Hay, to whom he was iutroilncsetl at the
Pretender's court, brought him word, that the
Pretender's wife wouhJ stand as godmother tA
his child : but then tho question was, wIm
should represent her ? And alier somelicieit
was proposed to Mr. Layer to find out a fitpifw
son to represent her. Mr. Layer proposed tke
duchess of Ormond, which was agrcel le^
after that the Pretender agreed to aimiid i
father with his wife, and then the poiotl
who should represent him ? And coL He
him that he must take care of that^ tu
proper person to represent his majesty.
Sol, Gfn. VVljat account did be giVe of ^
was done in pursuance of this, when he 4
into England ?
Stanyan. When hecamcmto Engtao
said he applied himseif to one Mr^ Tbon
to spetik to my lord Orrery to stand to
sent the Pretender with the duchee
mond : but he said my lord Orrery d«
and afterwards he got my lord North
to stand. That Mr. Thompson did cUnMail
child, my lord North and Grtjy and the
of Ormond staniling as proxies for
tender and his wife ; my lord North i
did staml to represent the Pretender^
dnchess of Ormond to represent the PreU
wife» knowing they ilid so.
And he w^as asked by the lonis, who i
company at the christening ? He Kntd, enW
duchei^*; af Ormond, my lord North and u
Mr. Thompson the minister, himself, and
wife, and another woman, at whose hou
chrisleninif was performed : but he said, j
was not present in the room, thong li she i
ed at the christening.
Mr. West. Did he mention any tinae
this clirislening was?
St any on. About the spring : I cannot^
that question was asked him by ttie lordvi:
J cannot a.scertain the time.
Mr. Wc9t. Did he say any thing i^alil^
roy lord North and Grey ?
Stanyan. He told them of my lord
and Grey 'a being at the he^d of these de
Friionen What dolh he conceni
with Ihe lord North and Grey for?
Mr. Wc$t, Pray, Sir, be quiet.
St any an. He said he told my lord IWI
Grey that he had acquainted liynch witl
brdjihip's being at the bead of tins design, l|
fiirc Mr. Lynch had expressed a great de "'
wait upou his lordNhip.
Att. Gen. Mr. Del afaye, pray, give i
count what Mr. Layer said^ when be wael
mined f»«tore the lords of the council, i
to hiH being at Home,
Detufttye. Mr. Layer declared to the
of the council that he had bepu at Rome,(
he hud had two conferences with the Preteitdefi
that he had acquainted the Pretender with tb«
disaffection of the oation, with respect to lh«
losses that had been sustained by the South 8et
He said, in g«tieitJ^ the natiou was well afiisolfi
Jbf High Treoii
■QOi of state, not tjunliii^
irilervst: ihen hr |iro|»oseii to
riokeiMorilie iVetentler'R re-
oll WM licit (S^raiiUii Ititn : then
Fl*rwteiKfer*« sjinu^e Jihoultl stand
to bis rlitlil; th? Pretc'iider said
pill cooniler of it; col. Hay afterwiitls
It litai wtird, th«tl she 4'oiiHeut«»il ; tbeu
I fjonlcreQces who dbould repi'e*
OW« Uic S9me accouiii thiil he
t lord* Df Ibe comiciL
iiL Uay brougUt wurd lo Mr.
k^Aetrnder** spouse consented
^*"ir 10 liiB child ; »nd it wms
I of Ormond should re|>ri?«eiit
hm dcnred s ciedtftitial ur token to the
m of Orntoud. Hay told him, without
10 irotltd stand ; only, H*ilh he, carry a
I tli« duk« 19 wfMf and gone to
. tlie wuuld do it ; and Layer de-
^wbiiahonld Kiaud uh g'od-Jkther;
hiniseir, that is, the Pretender ;
I j!D know \Tha M'aa to rcpre-
Hrnlto he excused, but Layer
> one iipOQ \m return into Eng^>
BHjitvi profMr for th At purpose ; viben
IM inld Bns^iaod he wai at a loss for a
I to reprcMfnt the PrcteudeF ; be went to
Ih^nfmi 10 advise i^ith him about it,
nei^l to my lord Orrery, lo desire bim to
lift jiroxy for the Prelemler ; my lord
^nliacd it ; then he went to my lord
I Onj, who iicce|»ted it. The child
it wa«Ht Chelsea, I t&ke it,
^ wbere there was a china shop. Ii
■pring*, whot day I cannot tell,
kr wad tfaeri* waa bis wife, my bird
'tad Otty ^Uo itood for the Pretender,
Kbc«i «f Ornciond who stood for the Pre-
r^ wiUt *l*e woman of the bouse, but she
11 wiibio the room at the chriMenin^'.
K Gt«* 00 you reme^niber any tUin^ said
Em aay declaration that was drawn ?
Mr. Layer owned that be bad
of a declaration ; and that, when
[ to my lord North and Grey*s,
» Mr. Lynch at the Green -Mao,
I wmf tliither.
^/ '^ ' ' lie of his recom^
J iimnatitrn?
_^_, lit' *p'.ki- ut IMS recomraendin^
Al«ie«| titat Mr. Lynch bBvinjj told hira
> my lord CadotE^an, bu did reconi'
to my lord North and Grey, as a
, far that atl^'imit. The "second
"iBQiDmendtd him, he batl pro
^ Lynch to my lord North and
Flnmogtoid bam that be was a very
Xfilto k# rm>r«med m an insurrec-
H-»' : told Finch hi« lord-
|ta b* i ot the d e^i^n , Ly nob
ttuwiiii ujion him.
We thull now prove there were
fr*a bonni! wbm be waa
, I, wef» you at Mr» Layer's
I hiWMi w^Mi^f^Stanyan. 'Yet.
^it, po you know of adj armf thirer
Sttinj/an* Yes,
Ait. Gen. Give my lord and the jury &o ic-
count whatarma?
Stanjfan. Just after Mr, Layer wa'j aeiied I
came in, be was just trot out of b<» bed* I
obserTed in the roum, where be Uy, there were]
a pair of pistols hunijf by his bed jiide, and be-
tween them a borsenian^s sword, a riding
sword, and a pretty larue swi»rd ; on the other
side of the beil nejrt the chimney a little cuse
of pistolti, and anutber sword buntr in another |
part of the room. In the closet uf the same.
room we looked, and I saw tv%o carhtnes or
guns, and two rousquetoons or hhinderbusses ;
si-ein^^ so tnany arms, I went to handle some of.
them, upon which be said. Have a care, they
are loaded, don't medtlle wiib them; upoar'
that I asked him what be had to do with soii
many arms ? He answered, you must know
my clerk anel I are streat i^UooterK, when we
are in the country. Ju auotbrr room, looking^
further, we observed several nmutds tor the
making of builets. There was also u cartridge-
box, and a number of cnririd if es ready mude up,
as ne&r as 1 can g-uess (1 did n*i| coiint I hem)
there were about tbrty or fifty uf ibeni. There
was n ({^niteman of the army « and belaid they
were such cartridges as were ut^ed in the army*
Ait. Gtn, Was there any tbioif relating' to
thciie arn)s confessed by Mr. Layer befure
the lords of the council ?
Sianyan* lie did not deny i*^ I believe*
Att* Gen. I would ask you whetht^r there
was any thin^ said helbre the lords r^latiu^^ to
these arm*?
Stiinj/an. Thelonls did ask Mr. Layer, what
did he with forty or tifiy cm Irid^^t^s ready made
up? lie said they were tviade up by Bowers
ibiL^ l^unsmith, and that, if there wa!^ any dis-
turbance in ibe nation, be should bare occasiott
for them.
Alt, Gtn, Mr. Delafaye, wais yoa by when
he was asked the question about these arms f
Delafaye, Ves ; he was aski^d wbst he did
with so many cartrid£^s and artn<i, and be fmtd
they were proper fur liis use, if there should be
any disturbance in the nation.
Colonel JJutkt sworti.
Ati, Gen, Was you by when these arms wer«
seizefl in Mr. La year's bouse Y
Hutke, Yes ; there w ere two cases of pistols,
two fuzees, and $ome other ariOR, and a blun*
derbufcs, and two or three sword* ; there were
aliout 40 cartridi^es ready made up in the U:<iual
manner, as ihev are mode up when our soldiers
are to charge their pieces for expedition in eas«
of action.
Att, Gen* How many were there f
Jiutke. About forty.
Au. Gen. Did you tee any mouldi for
bullets f
Huikc. There wis a mould for mitsket-balli.
Pritmer, You say I had two fazcea i will •
musket ball go into a tuzee ?
iiMiki* 1 oaoBOl tell but il isAy*
231]
9 GEORGE I.
Trial of ChrhlojJier Layer^
[892
Prisoner. There were fortvcartridgei, which
were ready made up, will those cartridges
go into a fuzee ?
Huske. These very cartridges were only fit
for the army.
Mr. Keteibey. These cartridges were not fit
for the musket P
Hutke, 1 did not try there.
Mr. KeUlhey, Would they gp into a fuzee P
Huike, I don*t know.
Mr. KeteUtey. According to my notions, there
is a difference iu bigness between a fuzee and a
musket; ami a cartridge fit for a musket will
not go into a fuzee.
Hutke, A cartridge that is fit for a fuzee,
will go into a musket.
BIr. Keteibey. I belie?e that, and so it will into
a cannon ; therefore 1 ask, whether a cartridge
that is fitted to a musket, and proper fpr the use
of a soldier going to batUe, whether that car-
tridire will fit a fuzee?
Hutke. The bore of a fuzee may be made as
large as ihat of a musket.
Z. C. J, Those cartridges that were there,
would they hare served for the fuzee?
HmkeC I am satisfied that they would serve
for the fuzee, and the smallest arms tliere,
except the pistols.
Mr. Ketclkey, You say there were two swords?
Hutke. Yes, I saw two swords.
Mr. Keteibey. I beliere you never are with-
out two swords ?
Huskem I believe I have a dozen, but they be*
long to my company.
Prittmer. Were they horse-swords, or swords
fit to walk with?
Hutke. IcanUtellthat.
Mr. Hungtrjord. I think you say, that those
bullets, made into cartridges, were, by the size
of them, intended for the small arras ?
Hutke. I do believe they would fit the two
fuzees that I saw.
Mr. Keteibey. Did you open any of the car-
tridges?
Hutke. I did, and there was a ball made up
at the end of each cartridge.
Mr. Smeybert sworn.
Sol. Gen. Do you know the prisoner at the
bar? — Smeybert, Yes, I do.
Sol. Gen. Recollect whether you have seen
bim at Home f^Smeybert. Yes, I have.
Sol. Gen. When ?
Smeybert. About a year and a half ago.
SoL Gen. For how long time was he there ?
Smeybert. 1 think about a week or a fi>rtnight.
Sol. Gen. Did you or the prisoner leave
Rome first?
Smeybert. I left Rome first.
Mrs. Hay sworn.
Sen. Chetkire, Did you ever see the pri-
ner?— Hoy. Yes.
Serj. Ckethire. Where did yoo see him P
Hay. I saw him at RoiM.
Serj. CAeiAire. WbenP • i
Serj. CAfsAire. What time of the year was it^
as near as you can remember P
Hay. r cannot tell exactly what time, but h
was last summer was twelve- month.
8erj. Chethire. You are sure yoo saw bin
there ?~Hfly. Yes.
Att. Gen. My lord, we shall now ptomikt
prisoner's escape out of the messengei^ m^
tody, as was opened before. Call Mr. T *
Mr. iS^tre sworn.
Jtt. Gen, Look upon the prisooer at At
bar, do you know bim?
Squire. Yes, I do know him.
Att. Gen. Do votf know any thing of lua
being taken op ? 6ive au account wheo it was
that he was taken.
Squire. He was taken the 18th day of 8i^
tember last.
Att. Gen. Whose custody was be in after Im
was taken ?
Squire. He was in my costody*
Att. Gen. What became of him aflcrwarilf
Did he continue in your custody P
2 mire. No, be made his escape.
tt. Gen. How long slier he nad I
was it that he made his escape?
Squire. It was the next day, he got out «f
the window.
Att. Gen. How high was the room ha gat
out of?
Squire. It was two story high ; be lifted ap-
the sash, and so gut out of the window.
Att. Gen. Did yon pursue him P
Squire. Yes.
Att. Gen. What account can yoo give of his
being taken again?
Squire. He bad not been gone kmg belbra E
fi>und he had made his escape, and understand*
ing which way he went, 1 immediately poiwatf
him, and I took him in a lane gmng towaite
St George's fields.
Att. Gen. What did he say?
Squire. He said he was very sorry to wtm
me ; I asked him how he could offer to M
away from me ; and he said every body Jm
would have done the same in his condition, anJ
that nobody coukl blame him fiirit; and that
he believed my lord Carteret wonM not blain^
him.
J/f. Gen. But why?
Squire. Because he looked upon himself i»
cli a bad condition, and so roueh danger^ hB
said, nobody could blame him, beouMO na W90
in thatcondittoD.
Priaoner. What conditKHiP I desura toarfC
you one question ; Did not I ask yoo to i
me vour warrant ?
Squire. No, you never asked mo.
Pritoner. Did not I ask you at my
house P^S^atre. No, you did not.
Pritoner. Did you shew me yoor i
Squire. You did not ask me lor it
Primmtr, Didi
Ii
ImdtodatoiaaMr
socli
It BSK ms lor n. v
ItollyotttbaraaHallifll
■al &lnotl»Mr«M
JhfT HtgJt Treason,
iCt l*ei€t»Qn sworn,
T' teTiion, do you know may
In cusli^iiy at my
|uui»ie, in A roam
ftit. J>o yoo know toy thing of his
yf
k No« I irti ibro«il Ibeo.
IdHik upon tfip pns«>Der at the
r«oienib«r you erer wiw him
Ce. Vci^ 1 s&w hlcn ju«( goiog' into St.
Irem. IIrI any (kmIv l&t<c him there ?
U* 1 w«« it)c 6p(i iliHl took him.
Cim* IV lull did tie say to you when you
tfc lie ssUt, ForOofrs sake let me i^o ;
'4 it wsn an arrt^i : \V hy then, and |)lea«ie
ly teird, my pirtner CAnie up, and nsiiked
rtMrilirr il i««« an iurcitt, aud he 8aid it
I iheti Jookuig^ ubfnit mr, I saw an-
i0ii oofniiig after us, %vbi> was the met-
It ■■■Wit tie had broke out of the mes-
Wii9^ And then he clapt hiK liand
ii podi«l» and polled out I beheve about
fsineaii, and «ttid we should take whf&t
11' wa would let him go ; but we
Amth^ny Stephem sworn.
L G«i« What did Layer say when he was
u We aakcd him, i« it for an arrest?
■i^ b^, it b an arrest ; and when he saw
'^pHR^ son comjni^ alter us, he would
[ ttpfMisvfl' we pJeasett to let btm fro ;
ItlliAB that he niiid thf y had no warrant,
fiilfMil know that they could keep bim
I a warrani,
Pcafttfy. My lord, we have gt>ne
l|{k mmmwidmoc^ and shall rest it here.
9m Mmmg&rford^ May it ples«c your loni*
mA yoo gentlemen of the jury, 1 am of
rf for llie prisoner at the bar ; and af\er so
m 0tW*iie« hath been fliten in this cause,
km$ beoome me to uraw the matter in
tiftiiimfia point, if 1 can, nnd thereby to
■■e tm your lonlsbip, tlie jury, and Uie
it on bw ttidn. My lord, the prisoner
liisaarf «|ion the tEUtute of tlie U.Mh of
■4 liioiUrri^ oommonly calleil the statute
PMitl«Blii\ t)tc things made, or rather
ied irvtMo by that act, are 6rit, the ot^m-
Wfm Untcinuif the death o1 the kioif, or
» Mior of WiJa«« Then the statu U> t^oes
I dUiianollwr things treason which relate
•aibr |M^»oo*o» <c>mc nt ihr royal family ;
ftca it dfNdar^^ hi^wt-i,-^ u,*t »t is treas4m
isywarav' ^c» It ianot said,
^ - Isty WOT, but ac-
•1 •» ^y '^ o»»Jf iliaJi tit tfetioo.
>ii IS tfie text, vbis the law upon which fh,.
geotteman at the l>ar mutit t>e either saved o
CiHi'lemned, The treascm Isiid to his charge
in coinpssstni^ nod immfmint^ the deiith ot iSe
king : the overt-atTts luid tu his chartfe are,
thai he did consult and conspire to levy war«
That hf* did publi!»h a certain treason abt#
libel, purporting, among oth*r tUiniys, a pro*
mise of rewrtnl to bis majesty -s faithful sub>
jects, to rise iu arms aud levy war against
the kiug*,
ThatTie consulted to put the Pretender upon
the throne.
That he listetl soldiei-s for him.
And the last overt^act is, that he consulted
to f*ei«e and imprison the kin^'.
My lord, and you gentlemen of the jury,
there is no evidence of any of these orert acta *
attempted to be gi? en in evidence agniust him
in £s5ex. save rinly that of publtshinff a trea-
sonatte liliel, which the kioj^^s counsel in their
evidence would insinuate to be the Pretender's
declaration. The evidence of the other overt-
acts are mt^mpted to be proved in Middlesex.
And in rrufh, the i^reatesi part of ihe whole
transaction was by the kind's own evidence,
proved to he in that Ciiunty, and I wonder the
todictment was not laid ibf^re ; but, gentlemen.
Ihe indictment being bid in Essex, if an act of
hi^li- treason is not proved to have been com-
mitted hy the pristoner iu that county, he moat
be acquitted.
1 tniifht here, ray lord, insist, that an actual
levying^ of war, and not desi^fu to levy a war,
being- made treason by the statute of hrasona,
tlie publishing a paper which purports at the
utmoa but an intention Ofdy to levy war or
raii« a rebellion is not treason, and conse-
quently not a legal overt- act within that sta-
tute, ThU opinion is warranted by the eicpress
words of the act of parliament itself, uhicli is a
belter authority than all the coinm<?niatoi^
Apon it ; tind it is likewise the opinion of my
lord chief justice Coke,* and ray lord chief
justice Hales; and in truth, if this be not the
true meanui^ (\f the act, one paraffraph, viz.
That which declares actual levying of war
treason, is superfluous and redundant; for
what is the use aC making actual levying of
war, or a rebellion, a distinct species of trea*
son, when the intention of doinnf it, according^
to s^^me modeni doctrines, wiis hi^h- treason
within the fint clause of the act, viz, Ima-
ginios;^ the death of tlie king*? This opinion
likewiHc 8€»"n»»« to be confirmed hy the two sets
of fiatham^t^' ""*^ -n ijueen Rlicabnh'a time,
Aod one ii) 1 ten the second^f where
eousuhing v-i i:.,.. Jufr to levy a war or raise
arebelhon, in made 'high -treason duriuif the
livea of them two respciUive princes, lor which
tentporary provision there would be no reason
if the bw were so before. 1 know what hath
been said to some part of thia matter, that the
* CokeV lostit, ch, 1, p,0, and JO, Sile^i
Pleas of the Crown, p. 13.
8SS]
9 GEORGE I.
UfjiDg of war metat in the ttetute of S5 of
Ediward tbe third, was not meant of such a
rebellioD as was levelled against the king's
person, crown, title, or gofemment; but of
such public commotions as disturbed the
peace of the kin^^om, is the polling down
of inclosures, which was the case in queen
iSlizabeth's time, or of pulling down bawdy*
liouses, which was the case in Charles the
tecond*s time : but to shew how unnatural a
construction of the words * lever le guerre,' it
is to say, that it relates onljr to such riotous
commotions as 1 hafe mentioned. Gife me
leave, my lord, to make but one observation.
The statute of treasons is penned in the French
of that age, and the words of the statute
* lever le guerre' agminst the king, 1 have here
within the reach, in court, a book of very
great note and good authority, it is the history
of Froissart, who writes tbe history of Eng-
land, France, and Spain, from the year 1326,
to the year ISiO, and dedicates his liook to that
very king, viz. Edward the third, in whose
reign the statute of treasons was made, and
in this whole book, * lever le guerre,* is con-
stantly mentioned to denote a public stated
war ; and in this sense, it is likewise taken by
Du Fresne in his Glossary, vol. 9, pag. S55.
— i only hint this matter to your lordship,
for 1 well know what determinations my
lords the judges have of late years given upon
this objection ; but I humbly hope that there
will be no occasion Ibr an entire dependence
upon this objection in this case, for that I hope
it will appear both to your lordship, and the
jury, that no such overt- act, as is laid in the
moictment, that is, publishing the Pretender's
declaration at the Green Man, is at all proved.
The evidence given touching that matter is
only by Mr. Lynch ; and he gives an account
that the prisoner and he met at Aldgate, in
order to go to the house of m^ lord North and
Grey at or near Epping: m the course of
their journey thither finding themselves too
late to be at my lord North's by dinner ; they
caHed in at the Green Man, and there got a
beef-steak : and before it was brought up the
prisoner gave Mr. Lynch a paper, which Mr.
Lynch, and not the prisoner, calls the Pre-
tender's Declaration: Mr. Lynch reads only
one paragraph in it, whereby, as he says, the
soldiers were tempted to be allured from his
majesty's service ; this is the whole evidence
given touching any offence committed in the
county of Essex: for as to any treasonable
discourse l»ctween Aldj^ate, and the Green
Man ; they cannot in justice, and without a
particular proof to that purpose, be charqfed
upon the prisoner to be done m Essex, a threat
nart of the wajf, viz. from Aldgate to Bow-
Midge, being in Middlesex, and not in the
oannty of fissex.
In the first place, therefore, gentlemen of
tbo jury, we hope there is no evidsneo to eon-
▼inoa you that any tnah dedaration wh pub-
Babed at all ; and yet leedadlj. If *«« ^
a paper read Ihte, fmpfutwmimm''
Trial of Christopher Layer ^ [S
act of high-treason; The time thai tke w
soner and Mr. Lynch staid at the Gracn Ma
seems to be very short, their stay wan ■• ahi
that there was no evidence that their hon
were put up: the beef-steak was beapokabalb
they went into a room. Mr. Lwnoh.ean
down twice out of the room; be \amm
admits onoe, besides his gaping at noMi pa
sons in tbe yard whom be knew, bifcia Ih
beef-steak was brought up ; and jre^ bsfci
the beef-steak was brought up, this dadbn
tion is pretended to be published ^ forny'pai
considering how little time there waa ler aai
a transaction as this is, I cannot think iIm
could be any such thing as that tranncM
that time, the compass of time would barl
allow it ; whatever was done, is adnsitlei k
all hands, to be done before the beef-ateik «
brought up, and the other inddenta may ffi
well oe supposed to take up all the tine b
twixt tbe bespeaking and disning up the baa
steak ; so there could be no time for ao i
an act as publishing a declaration to
three kingdoms. But in the aecohd
the prisoner, which 1 don't admit, did gh
Mr. Lynch any paper to read, a parunaf
whereof was to the purpose Mr. Lynn n
lates; yet such paper cannot be imputed to tl
prisoner as an act of high-treason, there we
but a few lines of the paper read, and the re
were not read at all, either by Mr. Lynch, i
the prisoner ; and I never knew that part of
deed or writing was ever allowed to be given i
evidence, without producing or reading tl
whole. In the case of my lord Russel, wh«
the declaration for rebellion was assigned as
act of high -treason, the whole declaration v
proved to be read, and not a part only ; r
vet even that evidence was upon the revolu'
m the first year of king William and qv
Mary, looked upon so imperfect an evidem
high-treason, that for that, and other reaf
my lord Unssers attainder was reversed
have a copy of tbe act of parliament ff
reversal here attested, and we are res*
produce it if your lordship thinks fit.-^
ne said that the prisoner giving Mr. Ly
paper, of which he reads only a few line
then the prisoner takes it up again, is
lishing of a treasonable paper, or in ti
publishing of any paper at all ? Dech
fur rebellions ore commonly published i
places, to captivate multitudes, and not
from one man to another when they
pecting a beef- steak ; there was no s
or solemn meeting at the Green Man ;
course of |»eople there, neither in f
Mr. Lynch's own evidence, can it br
be a real declaration ; for he says, as
her, in that paper it was mentioned
lord Cadogan was in custody; tti
uueriy false, hit lordship
yor^IJigh Treason^
srr _' mmI tttbotirei) un<)er
kli Micertanity tUrre
kigiiMrt'Lisuij, nnd wlmt wag
lie ik«rii«tD^'Dl liit^reupod, to ease the
|^i^L.f>^ple3(tlyt in the Solh of EtU
^^^^K*|itt%«cil liie laiv of li eauons, tor
PIPfBlile tbcfn yiaiit a great sum ot'
g «u«t ftir \%liii'h tlmt patliaiiietil wnn
».»-<! 'imfliafiMfriinin beatuin), ftiitt
mtifi doihf though perhaofl
iliitll be interpreted to te
LmI^ U^h-trt;ui(on» the subjerl will
llie tttrne i aeon retiic nee, and
^«ime pernlexjtK^, as iJiey wiie
■.laloles or trca^oui; tliis practice
' inproted, that it' a man delivers
[tellM l9 atiotber to be read, that
tied wn overt- act of hig^h*
more if pei>pte in their cupi
ach health*, as were said to be
ny lord North aad Grey's house;
^di'UY but thai * biberc est a^ere/
" «re' in i tiii«, my hird» in all that
i present coi>cei titu^ the charfife
dn ufH^ti the prisoner within the
rx ; »ud if there be no charge
I him there, the evidence tfiven
w hftl he did or said etsewhere^
* nothmg.
May it please Yonr lordship,
mcfi fii the Jury, I hkewise ap-
i ' ^ the prisoner, who haT-
to this indictmeDt, 1
^ ' ' found otherwi£:e^
;ned tor him by
. utices i)f bis case
Mrue and cle:ir a Wi^hi an I can,
pur roiinisteratioti what may
ind legally coo*
rnce.
» him m of the highest na*
' Kn^tand know ; * crimen
itla;* nri le<(S ihan the con Rpirinfi^
i«i>e (hi' destth of the king ; and as
tie of any aggravation,
uy thiiii^ that we can
b(/pe your lurdbhip, and the
iry, will expect the strongest
Ftff llii> ca^ie udtnlts, such *h
^t^ and in, in %omv uukiijure, pro-
L*»^'"'" ' " '^flhe otic lice.
1 which the pri-
. tiii of BthvHrd S*
to niiikc hiNi a iuiiit*-d there
^aci, and thiii ovrrt act must
J pri»ted : * £t deceo pro? a*
t de overt tait/
r, Id bti third luJititute*, fol. 15,
pt^Upm thnt net, explains the
E' ^ving it mutt be
>\\ not ti[«»o con-
l»ri» *tr iiiirri»nce, or Mraiii«
fK»l bo • cotiimune argu-
^l other statutes have
ttic siih|«ct, uid [itr re
A. 0. I'm*
[«38
gntattng' trials io casea of high treason : par-
iieularly the late Ktatute Tmo Guhelm* S,
which enacts, that there must be two lawful
witnesses to the same overt act ; or one of
ihem to one, and the other of them to another
overt act of the same species of treason : ami
that no evidence shall be admitted or given uf
any of ert act that is not expresetly laid iu tlie
luilictment*
I think we need not, at present, enter loto
the whole of the case, or trouble the Court with
a )on^ detail of circumstances and many wit-
nesses ; but rather cbuse to leave that on the
foot Mr. HuDgerford hath put it for your lor<U
sbiD*e cooslderatiou.
II mast be admitted to us, that if the prisoner
is not guilty of an overt act, legally proved to
be committed in the county of Ei^ex, where
the species of treason and all the overt acts io
the indictment are laid } though all the other
fttcts in JMiihllesejc, or at Rome, or any where
al«)e, should be never so clearly made out, yet
they do fail upon this indictment, and tlie pri-
soner must be acquitted.
What have they to charge him with such an
overt act? Nothing but Uie single evidence of
Lynch 1 He is tlie only person that speaks to
this point. He says, that they set out from
Aidgate in order to ride to my lord North and
Grey's, and alighted at the Greeo Mau ; that
what discourse passed between them there was
before dinner : he owns be went downstairs
twice before dinner, and spent some time in
looking out of the window, to see some persons
with whom he was acquainted, and when the
dinner (which was soon got ready) was brought
up, Mr. Layer's servant came and waited, and
DO diMTOurse passed there during that time ^ he
tells you, that Mr. Layer puHcd a paper out of
his pocket, and shewed it to the witness, who
read part of it, and that it contained I reason -
able matter, as laid iu the indictment : this is
the substance of what Lynch swears, I took it,
as well as f could, in writing from his mouth.
Now, my lord, is this sufficient to convict
this ^entlciimn of commitiiDg an overt act of
high (reason in Essex? A bare pulling a paper
out of hiH pocket, and giving it him to read,
where vueh and such a thing is set forth, as by
him is called a tretu^onahle declaration I
My lord, if he hud pulled out of his pocket
the must treasouuble paper that ever was jo<
vinted, is it uny more thuu pubhbhing a libel f
Is ihat an overt aut of treasoit P I will suppose
it a copy of the Fretcnder'iJ declarattoa, or an
original, such a one as was burnt by the sherifls
of Lotidim two days ago : if a tnan had that,
nnd pulM it out of his pocket, and gave it to
auoilier to read, is this high treason ? 1 dare
say, if any such person tails into IMr* Attorney**
bandit, he, that always does his duty to the
crown Rs he ought, wdl go no higher than an
information for puhllNhing a libel i and all this,
my lord, is upon a supposition that the facts are
true wt ' ' ' ' fcworn by Lynch; but,
on I Ik 'ore are so rAany unao*
couatau*^ * 41V wii»^> «<*c«s in the ridatioiiy Uiat in
e
S39]
9 GEOKGE I.
Trial of CkrutajAer Latfer,
[WO
I
affair of that coo«equenee ftbould be tranf&cted
in such n (jiace ; in so bbort a time ; upon «uch
tin accideuUl bait ; when one of I be cun»)iira-
tors wa« either i;azi[it( at the i^'iodow, or run*
ninc^ up or doHti stairs the ^reatetit part of the
while, and other f>ei-fions were continually go-
4ntr hackwardii and forward*^ into ilie riM»jii, or
MrithiQ hearjrttj of every word that ^ Missed there,
we ihiuk it carries with it such au air oK im-
probability^ that no reasonable man cati give
credit to it^ rnuL-li less couviet a person of bo
great a crime upon aucti evidence.
But suppose what passed at the Green Man
(which I am very far from adoiiiting) should
be adjudg^l an overt act of hig^h treason : how
ft it proved ? Ou\y by one wilues^i ; one sin^^le
Witntfss to the fact in ibis county 1 The law re-
quires two witnesses to convict a man of high
treason, and that the jury should he returned
out of thut county where the facta are laid ; *■ de
» vicineto :' because the law supposes tbetn more
conusant of the circumstnnceiof a case which
^mribes in their neisfhUiurbood : hut if the proof
of one overt act in the county where it is laid,
by one witness, should be sutficient to let thtni
in to prove other overt acts in dijitantcounirieif,
or in foreign kini^d^inus, these fundamental iii]e«
of Jaw would be totally suhverleit : how is it
possible for a man to provide or defend himself
ag'ainst such a" attack ? It iii spriugint; a mine
ujwn hirn 1 Hudden and unrxpecled ruin!
Mr, Attorney wonH shew any precedent,
where it ever was alloived to be g^ood^ that one
wiioeaw tnig^ht pn>\e the overt act in the county
where it is laid, and that then they might t(ive
evidence of overt arts conmiitted m any other
county: if your lordship is of opinion against
us in Uiis piriicular, iheu we must be^ leave to
go farther I and observe u|H)n the rest of the
wilckeasea they bnve calleil ; not only to take
oflT their credjl, but to conlradicl tbeoi m a great
measure.
There hath been a ereat deal of other evi-
detice giten by ihein, but we must submit it to
your lordship, whether it is material his escap*
injjf from the uiessenger's Imuse, and his l»eing
ibken in 8t« Geurj^e^s tields ; and the evidence
tN^int to run thin, or elae I believe they would
nut have troubled the Court to call those pcr-
lons to chat which is no ways conducive to the
point now in judi^ment ; il your lordship in of
iipitiion with us, that this i^ uot an overt act in
£ssex, and let^ally proved^ bein^ there in but
one witness*. au>l at tended with such circum-
itaoces, then tlie matter is at an end ; but if
your lordnhip is of another o|)ioion, then we
Auat beg leave to go on, and likewise to offer
what Me have froto the mouth of our wit-
nesses.
L* C- J. You must go on, you have mixed
your disGour»e so that nobody knows what to
make of il ^ sometimes though the fact are
dear as lo the overt act, you have said sku much
agaioat, a» for, the improliability and nature of
tho thing, in point of law, aa for the other. I
don't see how we shall eumo at it, uftleiat you
go Uiruugh the cuuse.
Sol. Ctn. My lord, in the obsenratioos th
have hrlherto made, they have mixed < "
as to the fact^ tojv'ether witli ^ome fliiatt«r» i
Uwj that scemvd to W HMoedat, and fixed uM
no point; to which we cannnt '"
cular answer; therefore we i
go through their %f hole caae^bt^b .^
any part of it.
Mr. Hunger fttrd. Since it is your lortlsbip^i
pleasure that we shall now i^o on, 1 shall pn
ceed to make some observutjon^ upon the n
of the eiideucc given against the priamier I
the bar out of the county of Easex^ Tbei'
servations which I shall make will be in
general only, for I cannot descend lo all i
particular tasiaiices of the evidence gtf
tug not taken pru|»er notes for that pf
for I depended upon the insu6icietic|
evideur43 given touching any act of big
son b^ing committed in Etisex ; and I
that ti'oni that very circumstance the priaoocr
would have been acquitted; but^ howu
know the learned gentleman who is jnind
me, baih taken very exact notes of l^
evidence, and therefore what I omit, 1 i
sured he will abunfUntly supply.
The second \vitnes5 proiiucfff agaiuat ih«f
soner, is Mr. Fhinkett, who^ie evnlencc 1 ihii
ought to weigh but very liule with any jiuli
tu re whatsoever; the prisoner's meeiing wil
this man was very accidental in Liiicolti'a-tti
fields* when they did not know each other, I
yet ihey itnmedmtely entered into a diseour
of raising a rebellion, and overturning two king
dutus, and that ^reat secret of knoiiing wf
was to be the general ; though Mr. Lyncl
alter lungacqimintance with the [insoner.cou'
not get it out of liim ; yet it was communioati
to the eminent wiiueas Mr. Fltinkett at th« fir
interview, w itli an addition of mentionmg the
names of two very great men more, the earl of
Sti-aftbrd and general Webb^aa well-atfected to
the uudtrtaking : but that noble earl's and great
general's services to their country, are iOf» well
known to be blemished by such an incredible
evidence. After s^une discourae be»wi\t the
prisoner and Plunkett atmut the undertaking,
in which there was an incident of a disc«nir(*e of
another nature, whether the Luibenm religion
were not preferable to llie Popishi* And aAer^H
(a(« Flunkti'U say%) the pritkom-r bml CiimmuiUtf^^
eated to him an intention of nivading the king«^
dom by some persons from abroad, tlie prisoiirr^
in a very ^real fit of bcHinly, presents Mr.
Plnukett wuh tlie sum of haii'a crown* This
relation seems to be so im[irobah)e, and in
truth, is delivered (or rather slammere<J out) in
so wretL4ied und incoherent a manner, that I
lielieve that no one that heard it b<:hevea a w ord
of it.
The truth is^ I lie scheme itself teetiM railior
lo be a chimerical plan of some craxy-p^ted
politicians, than a solid (iroject of vkity tiien of
sense, or iu their wits. VVhnt undertaking can
there be so improbable, as that laid down by
this scheme, viz. seizing the general ol the
•rmy I msmu$ the To wer» ieizlog tlie £xcli«iig%
^wkm^ the Bmie #f England ; atid all this
^jAtfo«5e whicli dciefl noiajipear to consist of
■■^iltf^e or ioar ineaf ami for money , the
^^^Km of W«r, lii*^ nf^mn to be no great
^BEkvCtkai ; P' m ' : I > i ,ho\il half a crown
HMWBltiiie, aotl i at another; for
^Bli thi^ iptuaea jptjrejs gave him, it doib
Ml ifliiei tJie prbocier. Mr. Lyncb indeed,
«^ «Kf»« lo b^ a man of g^reater weighty
tf^Vnt fre^ueiii rej»ealirig biniself to be very
^— iaBii|, g'ol abciiit sei'en or eight guineas* 1
^■ViiM ibe«e lUing^, gentlemen of tlie jury,
^BliAfl» bow itnptnibable tilts part of the efi-
V ima k I' lud we boj»e to make it ap-
m fOMlD you le more so, hy the evidence
' vedk^i [iroduce to tbe reputatioo of the wit-
I M U> lb« p«pcra of all kinds produced as
mAfoe^ mgainst tbe prisoner, we hupe he can-
mhi$ mflecied by tbem, none of tuem beings
imcil to bis of ms hand writing ; aa to the
m fbtmil in the prisooet^B house, they are
i#a«rt lb«o what sfeiitiemen usually have for
ipM^fiee of their taoiily , or their recreations ;
mi m for bis bdag at *Roroc, it is admitted
iidllifi cvideoce is not given es a fact of high-
lannt 50 out^ht ri<>t to be considered as any
in the prisoner'8 guilt: As to the
r'm endeavouring to escape, it i^ no evi-
tnf the prijioner's ^uilt; I do not eater
llie cooMderation, tvhttlier the custody of
■MCDi^cr 1^ a It'^oI prisun, or no ; but there
piliardly • AM jnder any confinement
t^ but irou: Jy escape into liberty :
I Um prisuncv haih sulfered already for
Eeoce* if it be one ; he hath been put
FlnNkt^ and hia attempting to escape is the
I that m a8*<i^ued for it.
aa aomcthiog spoke in the introduc-
1 1» ibis acGutaiitm which was very remark-
, fix* Itial »t waa a design, if it had took ef-
^ diAt would have enga|^ the whole nation
1 would hafe destroyed our ciiil
rights : We who are of counsel
uer, have as great an abhorrence
radiiag of that nature aaaoy men can have :
lyK wt- bo[ie, that mankind is not to h^. led
ritb ihew and colour, but to be guided
00 mud umttemof fact. Is it (lOfgible
F^lht peoiile could have been raised into % re-
llfta* Djf * Droelamatiou wUkh was never
It toy Mr, Lynch 's reading two or
htm HmcM of it f And w hich, by BIr, Lynch**
9m cviileocc (ivhioh 1 forgot to remark before)
^ tflipcrf <rct i for he »ayt| Ihat the prisoner
I Hibto* be tntcndod to put it in the Pretender's
■i^ wbich il seems was not theo done ;
\ llicrvlbnB what was produced, was at the
I •!» loipcrfect pi*^ce only. Or that the
vat tba bar. a innu ut u i^t^itilt'jiinii-like
bttly. itutrri! 1 estate
9Qm wikM, • ^ ; : I or nu-
00 provision of
stiould, with the
<if a byrulit tif ptipers, and of
i Phinkttt, oTenuru and en-
Bli kingdum. God he thanked,
Sfl.
«
the Protestant British government is not so
easily to lie hroug^ht lo destruction : thcy might
much sootier (ami yet I think that very di%«
cult 10(») have lM>rrowed lOO^OOo/. of the Bink ^
of England y upon the Nlind notes which they ^M
liave produced, sent by sir Williaui Ellis, than ^M
have nrouglit about a revolution in this kin** "
dom, with ^uch materials as they seemed to be
posse&setl of
These things therefore, my lord, I urge, are
circucn)JtunceH wbich render all, or the greatest
part of the evidence given, very improbable.
I shall close the whole with two paragraphs
of a speech* made by one of your lonkhip's
predecessors, my lord chief justice 8cioggs,
sitting in the same sacred seat of justice where
your lordship now sits; the words are these:
** If once our courts of justice come to be
awed or swayed by vulgar noise, and if judges
and juries sliould manage themiielves so as
would best comply with the humour of the
times, it is falsely said that men are tried for
their lives or fortunes; .they live by chance,
and enjoy what they have as the wmd blows,
and with the same certainty.
*^ Let us pursue the plot a God^s name, and
not baulk any thing where there is danger or
suspicion upon reasonable grounds j hut not
so overdo it, as to shew our zeal, we will pre-
tend to find what is not ; nor stretch one thing
beyond what it will bear, to reach another/*
Mr. KeUibey, I must beg leave to go Q\%
where I kfi off with Lynch'e evidence.
All Plunkett salth was in Middlesex; but
whether he is a credible witness you will
hear by and bye. I cannot but take notice nf
one thing which is unaccountable in his evi-
dence, and renders it impossible tu be true : He
gives vou an account of a letter which he re*
ceived about ten weeks ago ; be is very po-
sitive as to tbe words of the letter, 1 asked
him over and over again to it, be repeatji it as
such ; when we examined bim farther, it ap-
pears that he could neither write nor read ; and
now became to remember so perfectly, wbeo
be could not write nor read himself,* is very
strange. Why, saith he, it was read over to
me twice, and we have heard him repeat it three
times ; and I appeal to the jury, if any one of
ibem can take upon bim to repeat *it ogaia
witli that exactness the witness pretends to do.
Is it not ccpially strange, my lord, that Jef-
freys, a man of letters, the first time he saw
him, an itrnorant common scrjeant in the army,
shouhl iiuuiedtutely fall into a iliscourse with
him about u plot, and raising a rebellion, as if he
bad before been intimate with him ? 80 like-
wise, be saith, of Jamt!» Pluuketl, ttie i^ame
day, tbe first day be caiue lo him, be came ta
his own house, and there- talked tu him about
this affair ; as if they had nothing else to talk
of but rebtfllion againnt the govern men t. And
* Lord Cliitif Juttice Scroggs his sncecb
the first day of Michaelmas term, IGfO. rrint-
cd that year. Farmer EdUim*
R
4
4
243J
9 GEORGE I.
Tiial of Christopher Layer ^
[244
I submit it to your lucdsliip and the jury, whe-
ther it is likely «ir possible, that any man ot'
coiiiinon sense shuultl subject liiuist-'lf in so
cbiii^iTfJUS an afl'air lo^iiother ihat was an utter
Strang er to him : But here he t;ives you an
acr.tuiit of tivt> several persons untler the same
iiii|it-iulenre, the same iniattiatiou, James
I'lu^i'-:- It auil the non-juring- parson. Desuli'S,
there is a inauilL-si contiaUieiiuu in hi« evi-
dence: fur, at first he tsaid, that the non-
jui-in;;f parsou told him his nauic was Jeffreys
the lir>t time he saw him ; and afterwards
\mi\\r cioss-exairiiiit'd, he said, the first time
he kiicw his iiaiiic to be so was upon the re-
ceipt <d' his letter, and tindin>; the uame so
subscribed.
The next witnesses ^ave an account of the
seizing the papers, and then 31rs. Mason. We
a.sked iter it those pajiers had been seen by any
body since she had them, and whether she had
bhowu thcoi, or any other papers, to sir John
Meeres, or any of his servants ? She positively
denies it, and sailh they were not.
I don't know \^hetlier iliese papers were seen
by any body, for we have not one word of them
in our brieU, and the very i)roducin^ tliem is a
Ktirprize to us ; lot we shall pro\c, that this
woman shewed some paj)ers to sir John i\lecre\s
or his man, and that thereupon notice Mas
^^Ivei), and the jiapers soon after seized. But
whether thc<.e are they or nt>t, 1 cannot tell.
I observed before upon the evidence of Mr. De-
lafaye, Mr. Slanyan and Mr. Dovley ; a:;d
though your lo:(l;shlp was of opimon* that it
was sufficient to h&ve the paper called the
t>chcme read, yet we hope it is far from bciu^
u conclusive evidence a^-ainst the prisoner, it
DOtbein^ found in his custody; and ue shall
produce several viho now are, and for many
years have been well aci^uainted wi;h his hand-
writing, who will ;;;ive your lordship their
thoughts of it. 1 believe i\Ir. Attorney uould
not have endeavoured to call witnesses that it
was si<^ni'd by him, and was his own hand-
writing, if he had not thou;^ht it material : yet
wc hope that whun our witnesses are heard, no
credit will be given by the jnry to it, as a fact
to cbarg;e the prisoner. We shall g-ive you an
account, if my instructions arc true, that
Plunkett, IjNneh, and Mrs. Mason, who arc
the persons chiefly concerned in the course of
this evidence, arc of so scamlalouH and vile a
character, that no re(<;ard at all is to be had to
their testimony. The most honest men may
mistake in their evidence, as Mr. Stauyan is
pleased to i^jiy ; if he matle any mistakes, I am
sali»fied they pioceeded from a defect of me-
mory, and nu ilcsitrn, and he is certainly ex-
cu^abie ; hut as for the other three. Lynch,
Viunkett, and Mason, when you shall* have
heard half what we have against them, I dare
stay they will not have the least credit, though
ihey had;^iven a much more pi-ohable evidence
than they have done. Bat surely as it is,
their eviilence cannot have. sufficient weif^t
with yuu, to prevail affaiusl the lile. estate.
and fiuxiily of the gefttlSuair lieK btAre von, lift^ m t knANr'U;
and to fix a perpetual stain, upon him and
his posterity.
3Jr. Huiigerfurd, My lord, we shall call oar
witnesses, and' begin with my k>rd North and
(iny.
Alt. Gen. W^e desire to know ivhatitisyoa
call my lord North and Grey to pn>ve ?
Mr. Ilungerj'urd, lie is to g'lse an accDunt
of what passeil at his house, what Mr. Lynch
said when he was there.
L. C, J. Then you do admit that he was at
the (jreen Man, and he weutto my lord North
and Grey's afkrwards?
Mr. Kctelbcy. lliere is their sheet-anchor.
Mr. Hungetford, Wc admit we were at the
Green Man, but committed no hipfh-treasou
there ; your lordship hath set us ri<<^ht in the
|M>ini of tiniinqr our evidence in the nature of
this transaction ; it is proper to begin with the
master of the Green Man.
Mr. Mackrcth sworn.
Mr. Hungerjord, Mr. Mackreth, pray, give
my lord and the jury an account whether Kr.
Layer, or Mr. Lynch were at your house lail
summer, or how'lonc; they were there ?
Mr. KeJclbcj/. i think you are master of the
Green Man ?
Mackrcth. Yes, Sir, upon the oath I have
taken, f do not know that Mr. Layer was ever
at my house.
Mr. Ketelbey. Do you remember any thing
of the Saturday the 2jlh of August ?
Mackrcth. No, 1 cannot.
Mr. Kctclbtj. Do you remember whether
you were at home that day f
Mackreth. 1 caiuiot tell : If it was on a Sa- '
turday ; on Saturday [ oflen attend the jus-
tices at 1 1 ford.
;Mr. Kclclbry. Do you know whether you
was at home that day r
Mackreth. 1 cannot tell.
Blr. Kclcibej/. Do you know Mr. Layer?
Mackrcth. I never saw him before io my
life, as I know of.
Mr. Kctclbty. Was there never any enquiry
after him at your house ?
Mackreth. No: There was the duke of
Grafton and my lord Halifax came to my
house some time since. The duke of Grafton
intimated something of this a/Fair ; the duke of
Grafton said to me. You are to be liau^:
Hafisfed, for what.' said I. You and your
friend Layer are to be hanged. Said I, I never
saw him m my life. They walked to and fro
in the hall. 'What, said they, do you know
nothing of this Layer? Nu, 1 don't, as I hope
to be saved, directly nor indirectly.
Mi-s. Mackreth sworn.
l^Ir. Hungcrford, Pray, do you remember
any travellei-s at your bouse upon the 25th (£
August last?
Mr. Ketelbeif. Do you remember when Mr«
Layer was at your bouse ?
Maekreik, IneTerHiwtbegGAtleiiiaBiDgqf
H5]
for High Treason.
Mr. Keielhey. Are yon cunstantly at home?
Mackreih, Yes, I have hardly time to go to
diBreh.
Hr. Ketelbey. Did yoa ever hear any thing
«f a deelmration read ?
- Mmckreth, I never heard any thing of it in
■ydayiy my lord.
Mr. Uun^erford. Pray, do you know tlie
liOM Me pair of stairs forward in yoar house?
Itmkreth, They are all forward, my lord.
Vr. Hungerford. How far is the bar from
Jkckreth. My bar is below stairs, even with
Mr. Hungerford. If any thing is read there
dM, in any of those rooms one pair of stairs,
CmM yoa have heani it ?
Mackrei/i, To be sure, my lord.
John Paulj'reeman sworn.
If. Hungerford. Do you remember any
iif of this gentleman bemg at your master's
Amr on the 25th of August last }
Ftulfrtcman, 1 remember nothing at all
•fi.
. Mr. Hungerford. You remember nothing
ffit?
FaMffrecman. No ; to my knowledge I never
«e bim before in my life.
Mr. Hungeffttrd. Do yon remember any
thing of some (leople dining there on a beef- :
iteik? I
Paulfreeman, No ; 1 don^t remember any j
thing of it. I
Mr. Hungerford. Do you remember tliis I
gentleman's face ai;ain ? '
Pauffreemaif. No; I don't remember that
erer 1 saw him before. I
Mr. Hungerford, Is my lord 'Si^rih and ;
Gmr there ? I
Rfr. Hungerford. We shall examine my i
lord North andGrey only as to some passages '
at his lordship's house, and chietly as to the '
character of this Lynch, and what a charac- .
tcr he gave of himself; generally, a man i
viH in^e a good character of himself, but he i
^ otherwise. j
Lord North and Grey sworn.
Mr. Hungerford, If your lordship pleases to
S're my lord and the jury what account you
re of one Lynch.
Lord North and Grey. My lord, that gen-
leman that goes by the namit of Lynch I saw i
l»ice ; he came twice to my house in Essex : '
/little thought ihat my having seen him twice j
It my house, should lie I he occasion of my j
coming hen* m such a manner. The gentle-
naa vias wholly a stranger to me, and I have
never seen him since. As to mvself, I cnnnut
ay I know any thing of him pentonsilly. The :
only tliini; I cnn say, is what he s^aid ot himself. I
It is a liille lianl for a man of honour to betniy j
convenaitim, what passed over a liottle of wine
in discourse; but since your lonlship requires
it, I must submit.
The chief of our discourse was — H« was ro-
A. D. 1722. [216
presented to me as a stranger newly come
to England, and had a mind to see' my house
and gardens, lie was introduced, and brought
there ^accordintfly by Mr. Layer, and 1 re-
ceived him civilly. In process of time he told
me the history of his life thus ; that he was
not a Spanish, but an Irishman, and, my lord,
1 think, educated in the camp under an uncle?
of his. He told, that when he was a young
man, he had takeu a great muny liberties.
Serj. Pcn^e//y. My lord, we numbly appre-
hend, this evidence is not proper to be given :
If they have any particular tpiestiofis to ask of
my lord, let the counsel projiose them, or ask
my lord North and Grey to the character of
Mr. Lynch in general : But thus to give an
account (by way of repetition of a discourse
between lord North and Grey and Mr. Lynch,
where he was bom, and where he was bred up)
and to give a history of particular facts, is what
they ought not to do.
Lord North and Grey. T am glad to be in-
terrupted by that worthy gentleman. I only
desire to know to what points yoa would be
pleased to ask roe.
L. C. J. Mr. Hungerford, you know what
the rule of practice and evidence is, when ob-
jections are made to the credit and reputation
of the witness ; you cannot charge him with
{)arlicular offences : For if that were to be al-
owe<l, it would be impossible for a man to de-
fend himself. You are not to examine to «he
particular facts to charge the reputation of anr
witness ; but only in general you are to ask
what his character and reputation is.
Mr. Hungerford. My lord North and Grey
is an entire stranger to him : but he was only
going to tell you what account Lynch gave of
himself.
L. C. J. That is very well. Consider, if
that is not the same as if you were to charge
him with particular facts. You say, he him-
self, when he was with that noble* lord at his
house, gave a character of himself much to his
disadvantage. It is impossible for him in such
a case to give an answer to it ; therefore by the
rule of evidence \m\ cannot do it.
Mr. Ketelbey.' If that noble lord was going
to give any character of him which he heard
from other persons it might alter the case. But
surely wh^n thechaiacttM* he gives of him is
grounded upon whai he ^aid of himself, is not
that much stronger than the hearsay of othern,
the talk of strangers ? The character he had of
this person is from himself; therefore we hope
he shall give it in evidence.
Mr. Hungerford. If they won't let this noble
lord enter into a relation of what character this
Lynch gave of himself, we cannot help it.
L. C. J. You know, if there he any ohjcc-
tions to him, to his seneral rhnmctiL-r, he can
answer them:* but if <ibjections are grounde*!
on parlirular rharifes of his being a base, an
♦ See Vol. 13, p. 1«7 ;. and Peake's Law of
Evidence, ch. 3, an. Wimesscs, s. 2, art. Ge-
neral Character, as there referred to.
M7] 9 GEORGE I.
infamous, and an ill man, not having any no-
tice of this, it is Impossible for him to liefend
himself.
If you will ask my lord North and Grey
what general character he gave of himself,
you may.
Mr. Hungerfcni. If my brief be true, the
whole Ten Commandments hare been broken
by him.
X. C. J. Very well ; and so you charpre him
with the breach of the Ten Commandments,
and he most let it go for fact, because he can-
not have an opportunity of defending himself.
Mr. Ktttlhey. What character m jeenend
did he give of nimself to your lordship r
Lord North and Grey. I do nut know how
to answer it, as to his giving a general charac-
ter of himself. Tims much 1 must say, I saw
him twice. The first time he was brought
down by the gentleman at the bar ; the second
time he came, he was ill received ; and 1 or-
dered it should be told him, that in case he de-
signed to stay there, that I had no room or
anv lodging for him. As to particular things,
I do not care to speak of them. I should be
very sorry to say it when it was said in my
company, and under my roof.
Mr. Hungerford, We will not press it any
farther.
Lord North and Gr^, I must beg your
lordship's leave, if the gentlemen have no far-
ther to say to me, and your lordship have no
farther commandsy that 1 may return to my
prison.
Mr. Hungerford, I hope yon will make way
lor my lord North and Grey through the
crowd : and, if your lordship pleases, we will
go on with our evidence.
George. Taltfo^sworn,
Mr. Hungerford. Prav, give my lord and
the jury an account of wliat you know of Mr.
Lj^nch. — Mr. Stephen Lynch, what character
hath he ?
Talbot. Why, Sir, the character I know of
him is this, that he is a man that hath been so
extravagant, that he hath brought himself to
necessity by it; kept very infamous com-
pany.
Mr. Hungerford. What character hath heP
Hath he the character of an honest man ?
Talbot. He hath a very indifferent sort of a
character.
Mr. Hungerford. Hath he a good or a bad
diaracter f
lalbot. The character I ran hear of him is
a vpry had character.
Mr. Ketelbey. We do not ask you as to the
particulars of his life and conversation, but only
the general character he hatli, and the opinion
the world hath of liim ; whether he hath the
character of an honest man, and is a person fit
to he believed ?
Talbot. The character 1 have had of him, is,
thai he is not to be believed.
Att.Oen, How lung have yoo known him ?
Talboi. I have not Men bim these biz yean.
Trial qfChridopker Layer^
[a»
Att. Gen. What is your empkiyn
Talbot. 1 am not able to follow any (
now.
Att. Gen. He says he hath not w&ea bin
these six years: how long ago waa yow ac-
quaintance with him ?
Talbot. I met him at the Canaries, when I
was coming from thence, which is aboiit aZ;
years affo ; I know nothing of him ainoe|lHt
what 1 nave heard of bim.
Att. Gen. Have you ever had any deiKnga
with him ?
Talbot, I never had much dealinn with
him ; what I have had have been very litlla In
my advantage.
Mr. Ketelbey. If Mr. Attorney desirea tha
particulars-
Mr. Hungerford. We conform ouradvei to
your lordship's rule, to ask only to the general
character of the man : but if 3Ir. AttoriMy will
enter into particulars, we will join iaane wilk
hitd, and go into that method too.
Att, Gen. 1 asked him how long hahii
known him, he says he had not seen Eim than
six years.
Mr. Ketelbey. Have you had a character if
him?
Talbot. The worst I could ever hear of any
person ; I know nothing of myself, but what l
have heard from others.
Mr. Winchman sworn.
Mr. Hungerford. Pray, give my lord and
the jury an account of what you know of this
Stenhen Lynch.
tVinchman. I knew this gentleman fbnrleen
years ago in the island of the Canaries, there
he kept an Irish gentleman company, one Wil-
son ; he was then well- beloved by every body :
the gentleman took him into his company, and
afterwards he grew extravagant and the gen-
tleman turned him out of his company.
Mr. Hungerford, Is he accounted an honest
man, or a knave?
Winchman, I will not trust him for any
thing.
Mr. Hungerford. You say von will^ not
trust him for any thing ? — Winchman. No.
Mr. Hungerford. The wiser you.
Mr. Ketelbey, Is he a man to be credited?
Can you believe what he says ?
Winchman. I think I would not believe him.
Mr. Ketelbey, You are right.
Jame$ Darcy sworn.
Mr. Ketelbey. How long have you known
Mr. Stephen Lynch ?
Darcy. About a twelve-month.
Mr. Ketelbey. I do not ask you as to his par*
ticidar life and convertAtion, but in general
what is his character, is he a man to be neliev*
ed or credited ?
Darcy. I do not take it that he is.
Att. Gen Where did you know him P
Darcy. 1 first knew him Ust winlor ia J
don.
Mr. Hungerford. b IInGcoq;« I
UBJ ^^^F for High Treason.
P My lord, li«r« b n complaiJit mtide
ie irjsmepifta caqU be let in.
A. D. 175**
[250
I C.J. IWv must be lei m.
hL 0<«, Wlm mode tbe complaint f
lif« Him^rr/orc/* A geoilemikn here ill
fiii Got. It M ilie business of^our fi4)l)ci(or5
ibai way be niftde for your wit-
Ht. Em^gerford* It in nol the busineis of
yvm m'mm^titrm to fltop tbe pftAfliige.
Sd Otm* They danH «lu|> tbe passage.
Wt. Bfmgttford. No; Mfbm is vour Kusy
flAvirf Ifticre [|K>iuUfi(; to cvlonel Huske^ u
Seq. CktMhirr, We must stay here half an
mat fsK rvery nittiefts.
Sr, Fitz^^sld did not appesfi theo Mr*
\ k^ ItSaioe wsk sworn.
Il UmMgrrf'^'r ^Tr. BUke* do you know
' <IMbb Ly^ncf . Yes, 8ir.
m. Mungt^j ! J vs give lay toi-d and
isjfvy •» Arxiiunt of ^tni, vrhetlier be is a
'to be bt^iei ed or not :*
1 beard a very ill cbaracler of bim
•cm yearm ago. I have bcaid that be
1 im wives.
) MMBgirfard, H be to be believed or
I know ootbiiig but by hearsay, 1
li# it fiAt to be bebeved^ because [ have
m \mm efaaracter of bitn.
Mr. Coif i fix fcwoni.
Mr- ITun£(rfK'd. Wiii you give my lord
I [1 account of wbal you kuow of
ikff 1 D6?er cxchang^ed a word with
Mi:. Bumgerfurd. Wbat chsrocter bath be?
I tbJ/iJti^ A I c-ry infamous character. 1 know
JImi liy cyc-^w^bi only ; I have seen him upon
[iSe Ea^iojci^r of l^oorion.
FruMicr, Is be a person to be Credittd or
lam?
C4ifm» No, I bebere not.
Mf. JrcifrA sworn.
Trin§€rfi>r4^ Do you know Stephen
r hatli be,
.MP • |rfrnw»i It' I'v I'uii IjIS O&tb ?
itr^cJL liklfi'tT
Hr- Ujim^rf&rd. :... i..,^ baveyou known
Trr^k, Sdtorcigbi monlbf.
I r, M^Uty and Mr. Bhk^ twoni. <
~Tr Ari'fift^t Mr. K»*)(ey, how long have
il-*Mt» t« stepbcn Lyntrli t'
' ^ * ' wn bim since tbe
i.^<st,
' "^if^ter, IS it an
I aol TCfy file,
^^ bimacha-
Mr. KfUiUy, Mr, Blake, how long bare
yoij krtOv%o Skjihpn Lynch T
Bhiht. 8ir, 1 nearer bad any acquaintanot
with bim, but i b&vc beard be bath a vile ctia-
racier.
Mr, Hun^tr/ord. Have you had any dis*
rouise utHMit tbis Irialg have you b^ard any
tbin^^ said by Lyncb bimsetf aUiul lh«* matter
that is now in juiJtrnient before tliis court?
Blakc^ There was one Mr. French, a par*
ticular acquaintance with Lynch j 1 met Mr,
French, bearing be wai» »! ibesume inn witli
mCf (I Itelong to the IVliddle Tempt e) and he
toNI me be wnnieU money.
Sid, Gen. You know what he told you is ool
evidence.
Biake. 8aitb be, there is one Mr. Lynch
owes me a eood deol of money, and I want lo
ifo and sec bim, and I have no mind to jBfo there
hy myself. Next ilay f consented to go a1on|^
with him, as thinking there coufd be no
danger in that: when we came to him, 1 sus-
pectf says Mr. Lyncb, that you come for some
money tint 1 owe you. Upon that, be desired
bim to Sit down, and told tbe gentleman lie was
sorry he had diaapiioioted bim. Then he
begun to talk of my ford North and Grey, and
my lord Orrery, and Mr. l*ayer I believe I
«batl bang him ; but as to my lord North and
Grey, and my lord Orrery, i know nothing
of them : I know nothing mor« of Mr. Layer,
but what 1 had from bim himself. iSome
words passed betiveen bim and me, and talking
of my lord Towns hcnd, be Stit J my lord Towns^
bend was of a morose temper, but my lord
Carteret was of a better teni|>er.
I^Ir. Ketelbe^f. Speak to the purpose ; I desire
to know what you cau say of Mr. Lunch's
character F
Blake, I don't know any thing of Lynch,
but that be is of an infamous character,
Mr. Kdelhey. What did besay of Mr. Layer?
Blake, He said he would hang bim.
31 r. Kttdhcy, Did he say any thing about
the f ifcness ot lb© plot, or why or bow far he
tbuu£;bt it bis duty to discover such villainy f
Btakf, No, I donUknowof any such thing*
l heard him say, my circtmisiances are very
poor; and the motive that imUiced hitn to do
tbi^« was to save tbe lives of a tbout^im^l people.
Mr. Ilungerford. Did be speak any thing of
getting money i
Blake. No, I cannot say any such thing,
L. C J. That is not a fair question.
Blake. 1 CAU inft)rirt yonr lordship more i
saitb he, f was forced to (f» Ibis ; but if I had
got off from tbis affair; t would fikjh t any
dojcen people in England to come oB'tVoin it.
SoL Gen. Where do you live, Sir ? Do yoa
live in tbe Middle-Temple P
Blake. No ; 1 live at IMrs. Ireland^s iii Por-
tugal eircel.
Mr Uungtrford* In the conversation yott
bad with Lynch, u'ai tbete talk of any tDoncy
be was to have!*
SoL Gen, You adktd bim that tjucstion be-
fore, and was told ii wan not ti fair question.
n
251]
9 GEO&GE I.
Mr. Hungerford. I khiDk I did not. Mr.
Darcy, what do you know more of Mr. Lynch ?
Darcy, Sir, I went to see Mr. Lynch on
account of some mone^' which I lent him,
and when he was taken up in Manchester-
court I went to see him ; there he received
ine civilly, I took him aside and asked him for
ray roon^y. I told him so freely, and asked
him how he got money and several fine clothes
which he had P he told me a lady used to come
twice or thrice a week to visit him, and this
lady was the mistress or daughter of one of the
chief ministers of England; he said this
woman
L. C. J. You must not, put him in this way.
Mr. Kttelbey. Mr. Blake, have you given an
account of the character of this Lynch ? I
only ask you the general character.
Blake. I have told you already.
Prisoner. I have two or three more to the
same purpose.
Terry sworn.
PrUoner, How long have you known Lynch ?
Terry. Seven years.
Prisoner, Hath he the character of an honest
manP
Terry, He hath the character of being a
loose young fellow ; that is all i know of him.
Pnsoner. Is his character good or bad f
Terry, His character is loose.
Mr. Hamilton sworn.
Prisoner, Do you know this Stephen Lynch ?
Hamilton, Yes.
Prisoner, What character is he of, is he to
be believed ?
Hamilton, No, I believe not ; f was cautions
of keeping him company ; I believe him to be
of a vile, infamous character, that will do or
swear any thing.
Mr. Hungerford, We leave the character of
this Lynch here, with the weight of the
blemishes charge<l upon him by our witnesses,
to the consideration of the jury.
There is another of the witnesses, Mr. Plun-
kett, to whose character we shall likewise exa-
mine. We shall call a witness or two to that
matter, and then we shall close.
Mr. Thomas Brown sworn.
Mr. Ketclhey, Do you know Plunkett ?
Brown, Yis, I have known him these ten
years.
Mr. Ketclhey, What is his general character?
Brovn. He baHi but an indifferent cha-
racter.
Mr. KeteUey. Is he a man to be believed ?
Brown, No, my lord, I doii*t believe he is.
Mr. Keating sworn.
Mr. Ketelbey, Have you known Mr. Plun-
kett, and how long ? ^
Keating, 1 never had any knowjedgvofhim
before tht* beginning of July last.
Mr. Ketelbey. What character and reputatloii
litthheP fibtliheagoodoranillclMnMMc^
Trial of Christopher Layer ^
Keating. I will tell you : about th<
niug of July last a man that owed no
money on a note of his hand
SoL Gen, My lord, we must opp
going into particulars ; they know t
confined to examine as to his general cl
only.
Mr. Hungerford. But if the gentten
follow some of your examples, and in
himself by prefaces, we can't help it. ^
L,C,J. To a general question yb
give a general answer.
Keating, The knowledge I have had
I never knew any thing tolerable in hb :
I never heard a good character of him.
Mr. Ketelhev, Did you ever hear a hi
Keating, Yes, a rery •Hiad one, that
a drunken, idle felfow, always kept c(
with otli^ women.
Mr. Ketelbey. And from the charact
have had of him, do you think there
credit to be given to him ?
Keating, No, I don't think there is.
Mr. Hungerford. My lord, here we y
a man of quality, sir Daniel O'Carroll.
Sir Daniel 0^ Carroll sworn.
Mr. Hungerford. Do you know PIi
Sir Daniel. Yes, Sir, l do.
Mr. Hungerford. Pray, what is his
character ?
Sir Daniel. 1 can give no good one <
for it is a mighty bad character he ha
caused his colouel to be brought to tow
examined
Mr. Ketelbey. I only ask you in g
don't enter into the |>articnlafs: I only
general, from the character he hath
world, do you look upon him as a con
witness to be believed against another n
Sir Daniel. I woulii not take his e^
to hang a dog.
Mr. Hungerford, And here he attei
hang a Protestant !
Mr. Thomas Spelman sworn.
Mr. Ketelbey. Do yon know this P|i
and how long have you known him ?
Spelman, i have kno^ n him seven c
years.
Mr. Ketelbey. What is his general ch
in his life and conversation ?
Spelman. I never knew any ill done li
Mr. Ketelbey/. What is his character
Spelman. l can't give any characi
man I dtni't kn(»w. All 1 know of h
about a dispute between him and sir
Carroll about a horse, and his desiring tL
yer to sue sir Daniel.
Mr. Hungerford, Did he not say
thing before that ?
Spelman. He said, the lawyer be en;
woold do bim jnstioe.
Att. Oen. Yoa wy yott dw*t ^^i^
Jtft High Treason^
fjmmtfrt^fhrd. Do ^ou know ibis Plan-
, Id tue tell you *, I liave
LAnti:>rii iuu-<: upon ihii£ acc4)unlt Hie
Oial 1 bntu^^bt Pliiiikeit lo he uc-
^.*). \i. » .-r, Mr Layer's man
K , Mr. Laijer bad bis
z*. ; n\wa tlmt 1 tient
ii 1) liave two fioltticrs
^ I. (JO to Mr. Ltt)er*8
^ bailiffs thai baf c w loogr*
'^\ ^ou must go and turn
mi. JO with the sohliers, nod
tlir * ' > 'f the house \ upon which
Mj:, Lmjct liai c him half- &- crown : alttfr ibis
Piiu) fio friend but me ; and he
• aoU desired me to apply
for some money he &aid
r n tiorsc, 1 tohl him 1 thought
|>rr»i«ir Daniel upon that ac-
It ■ • t : Hrf rnomhs a^ he came
I Mr. Ijiyer in Un-
oitt k . , u.uL Mr. Layer did nut
\mm bim ; i tutd him^bayshe, i am one of
Oivt tlial ft rv« (I tiirn at sucit a lime, and (hat
la bail («^i •M-a-crown, and that then
l--^ Tied him. This is all I
^rn, and will tcl) the tnitli*
jrd. Is be a man as may be
tCi^u ypoo his oatU^ or not?
tU. I must tell vou, that I found
. wm maov mistaken about hii* own wife,
by Gndf I would not take his word fur a
A. D. \72f.
[254
x
Httft^frfbrd, This contradicts what
...I .. ... I ^ twecn him and
I Is, with respect
..T .,.,^ ». v.oi^u^it fetrms to be
rai^rtM^»
How doth it? 1 am to team again,
laworc, that heentno with him under
way , and tbrre, after he had talked with
■i bv i;au> him half-a-crown. This gentle-
t «wtn hr fr^vr it to bim for the service he
-fiance of time before.
3' Go 00^ but donH iwear
jUcpii iitjy ujurr.
Bt9^tuY/i I ntn a iioldier, a man of hononr,
' ' uld not do an ill tiling
i^u¥ I have been M^nt
* ^if e in buit| and he would
^ bat did Mr. PluukeU say
► t whai pajised betvieen you
Jt !f r tn!d mr Mr. Laver gate him
the service he
iiiti{^ tb«ofi&c«ni
rap Fht/lip$ nwQvn^
takiiow Pluolcettf
^h^tipi. Yea.
Frigoncr* What character h^lh he ?
Pfiulips. 1 think, by ivhul I have known by
him, he h not to be Ixdieved.
Prisoner. Is that bis general character?
Fhylipi* It ia; Ui at every hody gives him
that knows him.
Altjundtr Thytips %vfQvt\.
Mr. KeUlhey, Do you know Plu&kettf
mi/lips. Yes.
Mr. ketelifty. Flow long have you koowo
bim?
Philips, I have known him about eleveo
weeks.
Mr. Kvtelbcy, TV hat character hath be f
L, C J. I never heard tbe like ; when you
give the character of a man, you g'ive thai
character by men that have not koowQ biui
above eleven or twelve weeks.
Mr, HungcrforU. Have you ever bad ai^y
dealing with him ?
Phyiipi. No, not I ; but my uncle hath.
X. C J. Most of your witnessiies have known
him but a little time, seven weeks, eight weeks,
eJeven weeks, ^c. It would almoat make %
man suspect, that some jjoopie have been set
up on purpose to give an ill character of these
people on this occasion. To talk of seven or
eight weeks acquaintance 1
Mf . Hun grr ford. That maa is crowded in
I don't knuw how, but sir Daniel Carroll ia
tumbled about and cannot get out; sir Daniel
is a t^entlcman of merit, and as 9uch liutb beea
distiD^^uiahed by the government) uod ought to
he treated a httle better.
Patrick Atahone sworn,
Mr. Ket. What ch.n at tcr hath Mr. Plunkettf
Mahohf, 1 have known Mr. Plunk* It several
year«{« and that he wub un iiltf, broken man, and
a great liur, and not to Ihj believed.
Mr Hunger/oni. He would lye before and
l>ehuuK I think you s^iy ?
Miihone. Yes, he did.
Mr. Kci, Do you think he is to be oredited,
if he u>mea to give lesttmony agaioat •
petaon ?
Miihone. Upon my word,! think he is not,
by what he told me ; liecause 1 have found hioi
to lye backwards and forwards.
Mrs. Chiid Bwoni.
Mr. Kti. Mrs. Child, pray have you bad
any discourse lately with Mr.'Plunkett ihe Ser-
jeant ?
Chtld. I never Inid any discourse with him
but that d^y my hit^huinl waticonfmed, when I
run to look for' Mr. Plunkat** wife» and Plun-
kett's wife was not at horne^ but was gone to
sei» her husband at the m«'*se»*f ers ; I wctit
thither; Mr. Phmkelt hearing I was at the
door, he desired that I should come iu. SaitU
he, MrK. Cliild, how comrs it that vnur hunbaud
dolh not come to see me? Vou know, savs 1,
ypou what aocouut my huiband ahients him-
sell; W hy , he t* wot takvu up y el Y Yes. «») a
<
855]
9 GEORGE I.
Trial of Christoplier Laytr^
I, be if, and confined upon yonr account. He
takes me by the band, be takes me into tbe
coal- bole, and take notice wbat I say to you,
and set to voor busband and tell him quickly.
Andne told me that he took my busband to a
lawyer that was gohig to pay on tbe 18/. that
sir Daniel Carroll owed biro, and tbe lawyer
would not see him, and so they came away to-
gether.
AU» Gen. She speaks much to tbe purpose :
for she confirms wnat Mr. Plunkett swore.
Mr. Kei. What did Plunkett say ?
Child. He said, he was going to get a settle-
ment for life.
Vkv.Ktt. What was be to get a settlement ibrP
Cluld, For wbat be said of Mr. Layer ; a
etory be had told me of my husband.
i. C. J. You ba?e called a great manywit-
nesses to the disreputation of Lvnch and Plun-
kett, to say th^ na?e generally ill characters,
and are File, infamous fellows, and not to be be-
lieved ; and there is tbe substance of all your
evidence if you stay here till to-morrow
morning. ,
Alice Dunn sworn.
Mr. KeU Do you know what character
Plunkett hath f
Dunn. His character I had firom himself,
that he lived with another man's wife.
Mr. Ket. Hath he a good or bad character P
Dunn. He hath a bad character.
Mr. JUL Is he to be believed ? ^
Dunn, No, he is not to be believed.
John Richmond sworn.
Mr. Ket. Here, Richmond, have you seen
Plunkett lately ?'~Richmond. No.
Mr. Ket. How loui»; is it ago since you saw
himP
Richmond. About three weeks aso and more.
Mr. Ket. What discourse bad ^ou with
I^unkeit at that time when you saw him ?
Richmond. Plunkett asked me if I was a
servant oi* Mr. Layer's ? I said, I was ; and in
discourse I aske<l Lim if he had ever received
any money of Mr. Layer for the use of the
Pretender ? He kneeled down upon his knees,
and struck himself upon his breast, and said, he
never bad received any money of Mr. Layer
for the use of the Pretender in his life-time.
Mr. Ket. How long is this? Is it three
weeks ?
Richmond, I believe it is about six weeks ago.
Mr. Ket. Who was present besides you ?
Richmond. There was nobody else in the
room.
L. C. J. I would be glad to know, that he
never received any money for the use of tbe
Pretender, what do you mean by that ?
Richmond. He kneeled down upon his knees,
and said, be wished he might be damned if ever
be received any money for the use of the Pre-
tender.
Mr. Hungetford. Year lordship may re-
member Plunkett swore, that Layer gave bim
btlf acrown al onetime^ and other mon^ at
several other times; and now he
swears upon his bended knees that be
ceived any money for the use of the !
that is, upon his account.
L. C. J, When you are drawii
quences from tbe expressions, cons
those expressions are: He solemnli
that he never received any money f
of the Pretender. It doth not apne
did ; nor did he say that he did. W
Mr. Ket. My lord, we will leave it
Plunkett : We will beg leave to call
nesses as to Mrs. Mason's character.
Mrs. Clayton sworn.
Mr. Ket. Doyou know Mrs. Masc
Buda, or Mrs. Eferbert, or wbat do yc
Clayton. I know her by all thos
Buda is the name she always used i
she bath eone by tbe name of M
Bevan, and Herbert.
Mr. 4Cet. What is her character ai
tion ?'^Clayton. Very indifferent.
Mr. Ket. Is it bad or good ?
Clayton. Very bad.
Mr. Ket. Have you had any talk
at any time about su* John Meers an
Thomas?
Clayton. I have heard her say tha
Sol. Gen. They are asking what tl
bath heard Mrs. Mason say at any t
sir John Meers and bis man, wh
to a particular fact, surely is not
question.
Mr. Hungerford. What have you
say about any papers ?
Clayton. Isee her have a printed
used to go often where Mrs. Maso
and goine one day there I saw a (
sitting, which was Mr. Layer : He I
{lorter for Mrs. Mason. When she c
le, the parliament- man I was speakin
{irovided of tbe 3001. 1 have a goo
end it bim.
Mr. Hungerford, Pray, how d
Mason get her living?
Claifton. By deluding young wc
carrvrnflf them about for money.
Mr. Hungerford. That is to say a I
not? — Clayton. Yes.
Mr. Ket. Did you hear of any re
was to have bv coming here ?
Clayton. She said she was to be p
she would not do it.
L. C. J. What do you mean ? '
been so often admonished by the Cou
signifies nothing. You are charg
Auison with being a bawd, when y
only to enquire as to her general cha
Mr. Ketelbey. I asked you gem
question, whether she had a good-or i
racter?
Clayton. I did answer that questioi
L. C. J. At this rate tbe most inna
sons may be branded as the dmmI
villains; and it ia impooiUa iorthi
for High Treason,
Mrs. Peirce sworn.
\trford, What do you kDOw of this
know I lodged in the house where
e.
Itrford, What character hath she ;
)r a had one ?
k very indifferent one.
Is she to be believed or credited ?
4o, she is not to be credited.
gitrford. Had she a good reputa-
ilmmons one ?
$he bath a bad reputation.
igtUy, You have seen Mr. Layer
rirce. Ye«.
Mrs. Tri7A:inMm sworn.
tUbey. Do you know this Mrs.
». I don*t know Mrs. Mason ; but
I. Bevan.
ihiy. What character hath she ?
fi. I know her to be a vile woman,
>t care w hat she says, or what she
*Ihey. \% that her (i^rneral character?
m. Always since I have kuowu her.
f/6ey. How long is that ?
Ml, About two years.
Mr. lyytT swum.
ih€y. Mr. Dyer, Do you know Mrs.
T^tr, I kodw one Be van.
cflry. How long have you known
(be liveil with me 13 or 14 years ago.
rf6ry. What was her character then ?
Ibe robbed my Hhoii, and 1 sent her
•II.
tlhcy. What is lier character and re-
iw?
1 desire you to forbear this irre-
liee.
Strford. Is this woman to be cre-
-^Dytr. 1 know nothing of that.
Mrs. Basket t sworn.
r. Had you any discourse with Mrs.
'Batketl. No, !Sir, I donH know her.
f. Had you any discourse with herf
t. ldoQ*t know her.
r. Nor Mrs. Bnda ?
t. No, 1 don't know her.
Br, Nor Mrs. Bevau ':*
1 1 don't know her at all.
1^. Do you kuow ."^Ir. Lynch? Have
lliiiktdv?
^'Imwhim l-st nij^ht.
ff^ DmI you hear hun say wliat re- ■
ilihtvefor s\*«'a»iiig U'^aiijAt me? .
*^ miMt not be.
^^au not hear him sny he was j
■^earing a-;aiiist me :'
ta a conipa.s!»ion for you,
■bb from you, wliith we
Mjttlse.
A. D. 1722. [258
SoL Gen. My lord, this id not to be eudured.
The prisoner turns about to the jury, and tells
them that Lyuch said be was to have 500/.
a year.
jVlr. Hungerford. I believe the geatleman
tliat sat next to him did not hear him.
Mr. Wearg, My lord, I did hear bim say to
the jury, that Lynch said he was to have 500/.
a year.
L. C. J. T must tell yon, if you did but con-
sider of what little consequence it would be to
you, you would not do it : when you thought
nt to make him your confidant, carry bim to
the Green Man with von, and to my lord
North and Grey's ; and there be was enter-
tained courteotuly by him ; and do you come
now to brand him with beii^ an ill man ?
Prisoner. Lvnch savs himself, that be did
not know me till June last ; and bow could £
have so much friendship for bim on so short
an acquaintance?
X. C. /. Tbeu for this woman, if you would
do service to yourself, prove the packets are
not under your seal, and that you did not de-
liver them to her with your own band ; prove
something of that, and these proofs will be of
more service to you than ten thousand of
these witnesses.
Prisoner. My lord, if 1 was admitted to
prove, 1 can make it appear it is all a sbaia
and a forgery.
Mr. Wingerford, It was Dcter proved to be
bis seal.
L, C. J. You are mistaken : the woman
swore it was his seal, and the officers sworo
they were under the seals when they seized
them ; and it is proved now to be bis seal, for
the seal is visible.
Prisoner. How do they prove it to be my
seal? iMy lord, it is not my seal, i desire
major Barnewell may be asked as to this
woman's character.
Barnizvell. 1 know her: she is a vile woman;
she hud like to have cheated me of 1,500/.
P/ isoner. You are only asked as to her cha-
racter in tjeueral. Is she a woman to be cre-
dited, or not?
Bamewell. No, she is not.
Mr. Ketftbey. I hope you are satisfied with
this general answer.
Mr. Hungerford. They won't tet us go into
particulars ; that the course of practice won't
allow.
Mr. KetelOcy. It is imponsiUe for us t^
dli'cct the answers to the questions.
Mr. Lcbutt swum.
PrUoner, Mr. Leluitt, pray, give my lordl
and the jury a general account of this Mrs.
Buda, or Mrs. .Mason, whether she ought
to Ih* credited or not, or t;ain crc<iit?
Lebfilt. No: .she would take any body's
liCc uwuv for the value of a f:irt!iii);^.
Mr. ilungerford. Now, my lord, we will
close our evidcni-e as lo the character of these
witnt'sses againi^t the pristmcr at the bar : we
hope we barcpro^ed their characters to be so
S
f59J
9 GEORGE I.
Trial of Christopher Layers,
infamous, as no jury upon earth will beliere
I hero. Here is this to he observed
Fritoner. I be^ panlon ; liei-e is mipfhty
talk of my arms: I am so fortunate as to
have a person here that will give 3'ou an ac-
count of them, and bow tm^y came to be
brought thither.
Mr. Bowers iwora.
Mr. Ketelbey. What trade aic you of?
Boaers. A gunsmith.
Mr. Ketelhetf, Did you make any fuzecs ?
Prisoner. >lo ; pray, let me ask him : pra^',
give my lord and the jury an account ot a
blunderbuss, a fuzee, a carbine, and pistols;
what you know of them. Did not you owe
me six pound on a note under your liand ?
Bowers, My lord, about five or six months
a^, Mr. Layer had a law suit for we : I sold
him a pair of pistols, and a little after I sold
bim another pair. Mr. Layer had them for a
debt : he had in his house two guns, i pro-
mised Mr. Beunet a gun when the cause was
over, instead of money . 1 gave him one of those
guns: there is another gun, and a musket
which- Mr. Layer had of me.
Mr. Layer had a note of mine for six pound,
which I oived him : 1 importuned him to take
a carbine for a man to ride whb, and a blun-
derbuss for bis house, in order to set off this
debt ; and I brought him them when he was
goinff into the countrv : I brought him some
Eowder, and I brought him three doaen and a
alf of cartridges.
Prisoner. Did 1 order you to bring them, or
did you brinff them of your own head ?
Awers, You hid me bring a dozen and a
half, or two dozen $ and I brought three dozen
and a half: the reason was, that 1 might
shorten my own debt.
Mr. Baynhcm sworn.
Prisoner, Pray, will you give my lord and
the jury aq account of the piece of arms I
had of you, and for what reason.
■ Raynham, 1 went with him to one Mr.
Prichard's in Frid.iy- street, there was a musket
in his com pting- house; he said he would dis-
pose of it: Mr. Layer asked him his price; he
said he would have fiOy shillings for it. Mr.
Layer saiil, that was tuo nni<:h ; says he, you
shall have a trini of it ; and if your sister car-
rier her cause against Mr. Watson, you shall
give me 50x. for it.
Prisoner, Did he put it on me, or did 1
desire it?
Raynham, You asked him what it was
worth, and whether he would dispose of it ?
Prisoner, Did not he say several times that
he warned to diFpoae of it, and desired me to
t«ke it on (ho2>e tcrnin ?
Ixaynhdm, ^'c.< : ho said on that condition
that your si^t^r ;:rot li^u* cause ycu should have
it, anid give him 5Uj. for it.
BIr. Sttmuel SUn-ard sworn.
Prisoner, Mr. S^«*ward, only give my lord
and. the jury an account whether or no I wni
not intrusted with things of great 1
what occasioh 1 might nave for a f<
whether you don*t know of money p
mortgages P
Steward, Yea, to the value of 30 c
within these two years.
Prisoner. Don*i you think it reai
to these arms, that 1 shuuld have th
house to guard my hou.sc ?
Steward, I thought it \ery reason
Mr. Huugcrford. My lonl, we
with examining witnesses, to the cr
witnesses produced a<Tainst the pris
leave that matter to the considurat
jury.
Mr. Ketelbey. Pray, Mr. Stewai
look upon that paper they call A Scl
a French motto upon it. Before
uiK>n that paper, 1 ask you if you are
with the hand-writing of xMr. Layer
Steward. Yes, very well.
Mr. Ketelbey, How long have y<
quainted with his hand-writinir ?
Steward, Two years and a half.
Mr. Ketelbey, Have you nt anv
him write? — Steward, Yes, a thou!
Mr. Ketelbey. Do you believe th
hand?
Steward, I do not believe it to l>e
Prisoner, Is it like I he character
Steward. Not at all : you write
character ; this is a long one.
Mr. Benntt sworn.
Mr. KetcWey, Have you been
with the hand-writing of Mr. L.iypr
Ben net, I have been very wtll
with the liand-writin(r of Mr. Layer
Mr. Ketelbey, You have seen liiii
Bemift, Very often, a thousand a
sand limc^.
Mr. Ketelbey, liook upon that pa
you believe thut to be his liand-writii
Beunet. No, my lord, 1 do not I
to be his hand- writing : i never saM
a hand like it in my life. 1 don't tli
his own hand- writing at all ; 1 nev<
write such a hand tfs this.
Att Gen. 8hew him that [>apcr
was a paper seized among the prisor
in the great bundle.] Look on that
gi\e my loni and the jury nn accu
know whobe hand-writing it is.
Bennet. I believe it is my 0
writing.
Att, Gen, By whose directior
write it? — Bennet, By Mr. Layer'
Att, Gen, For what purpose was
Bennet. I can't remember.
Att, Gen. Did you write th;
Layer ?
Jiennet, I believe 1 did ; but J
what particidar reason I writ it for.
Att, Gen. Now, my lord, here it
papers that were fmiud in the bmidl
the list* were fiMind, proved ts he 1
Layer'a ckdc by iM.iUiictieai.
flelipotitif^lufoitsiMllN*-
Mllii^'lMiid-writiiiff • Tct M to Irfi
VAeO. IttoAlistofimiiier
ttoiAgf. ^BdSmyoareidHyWlist^a
tali. Mylord,1ieMidiCwttiihiihiui3.
iL».'l7«l
l^
. ThIfiiWi found «0oiigft1ifa pajpers
Idp. ftwtsU&enfDtbttlSiiii-
»tiie lifts were.
Meftejr. We rabmft it to jfoor lord-
|1tte lory : ire ipprehend we ftncve
lirSebeiBe not to belooflr to Mr. Layer.
imOed two witiieMet tbatbcfelmoWta
^ jewt, and have seen hiin write a
gr fhnca, md tinft they Terily beUei^e
llafcia facnd-writiBg. We don't knoir
■ peaiiMe to leate it on a better foot.
% my lord, we aball leare it to yonr
Mmelioii, and the ifODsideratioB flf the
fcijfrfinf. Ifylordy&ntbatlilwid
Mrfv, ia» Aal ttrit fentleman is indicted
If tovaaoB. The main of the dim^
\ Wf that he was concerned in de-
s'anlnsarrectiou. How that ^p-
■va proved, 1 bare spoke to already ;
Bi be allowed, that wbatseever deao-
^eonaeqacnioes miriit now have en-
lii iMdh bMi no Mood shed, no armiea
fc| tnsaaSona attempted: and I chink
M-lfti evidence that comes not np to
MrHIhe indictment, the blood of tbia
^Wrht not to be reached : at least
flNlmpe it shall not.
mt. tiky lord, as to Lynch, it appears
fcriaaru into Essex was merely aoci-
WUa we came to the Green Nan, we
there three quarters of an boor ;
we went down twice in the time,
business, this pobUsbinff a de-
j of an insurrection, Which is
laid as an overt act in Essex ;
done before dinner bv his Own own-
I not three quarters of an boor firom
t in, till the time we came out.
|o my lord North and Orev'a ;
was niere, he is asked, if there
s there about any such design P
iras nothing said of it there. Is
snch a design was on foof, he
\ ahonid go together to the Green
Jhly recapitulate the alfiiir ;
I ire came to my lord North and
' fabonldbesaidofit?
\ to Ptuokett, hesaitb that he
1 with me first of all, by rea-
I that were seised in a bouse
^ that he never saw me till
■%ia in Lincoln's-inn-fields.
"Am know me : we lookhig
Van be venewed his ac-
^Md me of foe former
' ttodthereononlgave
kteMidtmssheb
kto tyine fo Ibtii^ into the IMmdeifViir-
vice. Be conrtMsd, is t proted by iuyor
BarMi#dn, thai I gave it bidllbrfortiier ear*
tices. JU ID ifob tbirtifen Ahfltlnga, he waa
askeHy ^R^wCber he did not eonie to borrow aoek
aasiil'df money of mv '.' \ie K^^id Ir; ilhl ; it
■was In Older to release n^njor Bameiw^ell out of
the'lBdiilMilsca. Beinti; asked uh ether Ire was
nok'aiq^nted ivitli m Datiid Cj\rroU, and
whether there wils not some lUflTercnce about a
lidiM )n 'Spain betweeii them ? He said them
WALbaii ttuit lie came to tkdvbe ^ith me, wbe-
IherliO oonld reco? er tbe mottey of Daniel Cftr*
rollf 'Is It not nataral thai tUe giimea he talks
'of mitflft be anoiber matiS muoej, lb at was
tdWhnil tVouc Jeffjevs was striit to him by
me: haialkK to faim as' to that guinea, when he
coniea to be aiked^ wbelber it waij not purely
out Of.ldndness md charity that 1 did lead liitn
fliat goinea f He doth not deny it % aQtl now
wonid inalnimte that it wa3 gi^en hira to list
men ftfr die Fmender. From ibe iroprolabj-
lity cfthe fob if, frotn hiis own owning, no per-
son Goold believe tiitn. 1 bdiei^e tlit^re are
ttinety-nine out of a hitadred tbat cannot Ik;-
lltfve one word that eUber Lynch or Plutikeli
n
Then the neit tnatitr they taOc of, tbey
doceai^ebeme: kov bard and ilifficitljbwf
to ffive any evidSMtelbat so it sboaTd be leiMi ;
and I bumbly apnreheod it did ndit strictW
amoniittoiegiUevldeiiee. Mr.IKiyley.lieaaiOt
fie knew my band U or 15 yOteaago, mid that
be bath rsorived letters from njeiiboiit 5 ycara
ago, and hath odmoartitlhls scheme withtboi)a
letters; and tbefdbre bis helices it to fie my
hand. When he comes to be asked, whether
he bath thoae letters here with which he com-
pared this schbme P No, I have them not here :
yet chiefly hu belief was that it was my hand-
writing, by cdinpariiig these letters and thia
scheme to^foer. This amounts to nothinjr
tnore, when it comes strictly to be eonndereOt
than only a similitude of hands, and swely si-
militude of hand, with snbmission, ia not proof
in criminal cases : and when It aoAOonta to no
more, it ought not to be received.
Here is, say they, a circumstance that what
Lynch and Piunkett swore must be true, be-
cause here was a scheme for an insurrectioo.
In this very scheme or paper, as 1 took notice
of, not one man is mentioned by name in it ;
only soldiers to be hod here, the Tower to ba
seized, the Bank and the Exchange to be aeis-
ed, and the world to be turned upside down ;
but by whom P There is no time mentioned,
there is no date to it This thing, if it be such
a scheme, if it had been written by me, which
I absolutely deny that it was wnt by me, it
doth not appear but that it was written several
years ago. When they come to ask those gen-
tlemen, the under- secretaries, if this be so re-
markable that they lay the whole stress upon
this paper,> whether I acknowledged it to ba
mine, tney could not say I owned it to be mine.
One of the lords lays his finger on a paper *^
aailhy JDobt yott say thia abam amaf
J631
9 GEORGE I.
L^t deny to be to. flow comes it that none of
rtiiose lords directlj oflfered the paper to me,
pMiit asked me^ Is ihbt your hanii-writincfi^
FTbere was my Lord Chancellor, my lord liar-
Icourt, and several other lords present, ihat very
flikely would have »^ke4 that question ; but
r cither they did Dot thiuk it material, or they
r liad not the paper there, or they did not think
I It of that consequence, or they Itnew I would
^deny it.
When we come to call witnesses to this wo-
^man, this vile, this iofaoious woraaOf I could
Tihcw you she Ijath been privy to torjj;eri*?8. If
it was not to take up your lordship^s iime^ I
r could shew that this is a contriTaoce between
[m gentleman and her ; 1 ara very loth to name
aim, to carry on such a paper as this to get
"money of the go?eraix)ent.
Here havne been five or h\x wiioeases, whtise
F credit stands onimpeacbed, who tell you Iter
t%'ord is not to be taken for a throat. Another
, be would not bao^ a dog on her evi-
Jitfeoce. This Scheme must come from her ;
F«be sav9, she had two bundles of papers that
J'^t-ere delivered by me to her »eatetl up ; and
itlie says this Scheme was amon^t them ; and
ribe can the better swear it, Itecause she bath
^»et her mark upon it. Ooe of the messengers
Jdolh not know whether she was in the room or
'no. if this woman is not to be believed, then
all the other evidence relating to ihh paper falls
the ground. It is a maxim in reason as well
^Rs law } take away the Ibuodiition, and the
[Work must falK
Gentlemen of the jury, I would have you to
.take notice of this evidence, and not go away
^"with a mistaken notion^ because here is a vast
ileal of talk about the Pretender, going to Rome,
rltstiug of soldiers for the Pretender's service,
J Sec, Your lordship will tell them all that is
rtiothing^, unless they believed an overt act to be
done in Essex r that is the true Estate of the
^ case with bumble submission. Therefore I
'bopp such evidence as this evidence of Lynch
and Phiiikelt (but only to confiue it to that of
^ J^lr. Lynch) Oaih proved nothing at all against
'me ; and if what be hath sworn doth not affect
Die, then all the other standi for nothing : that
'is the true stale of the case. I would not have
'*^the jury think a man is to he hunted out of Lis
[life by fine speeches, farfetched innuendoes^
and the like. You will consider the character
■"of this man, thai he is not to be lielievt^d. Til
rieave it to you, and 1 hope God Almi^fhty will
^ direct you : I ask you no more thnn justice.
If a mau's life is to be taken away by such
l^ scandalous evidence as hath apfieared against
I ^e, there is an end of all your libertiey, your
wives may be taken from you^ your children
inade slaves, and all thfal is valunble to you,
I jonr lives and estates will be hut very preca-
\ lions.
. SjL Gen. May it please your lordship, and
ryou gentlemen of the jury, you have heard a
»erv long evidence, and it is my part, as ex-
muY and faithfully aa I cmi, to sum up to you
TrialofChrisfophfY Layeff [264
the substance nf il, and to reply to the objec-
tiuns which have been made on the bd|^^jf]
the prisoner ; as w* II to sucb ol
have been madf by t-be prisoner hii
by his counsel for biro, as I0 tbo«e wlitefl
from the evidence that has oomt: out f>
mouths of hia wituesses: And nlW 1
done this, I doubt not but it will ap^ieartf
satiis faction, that thp evidence which baa
given for the king stands unanswered, and b 1
strong proof of high -treason against the pri*
sooer at the bar.
Gentlemen, the treason with which t lie
soner stands charged is com pa fusing and
gining the death of the king. This hig^h
cnnsista in the imas^iuation of the heart \
must be proves! and made out i^^insl
ofiender by acts which he haih dotie,
overt acts of this trea^ion ailed 12 ed to be
by the prisoner, are, in the fir«t place, o
ing nod conspiring to levy war agaiitsl
majesty : In th^ next pbce, publishing a
sonubte declaraiionp containing exhori ^^
encouragements, and promises of rewBnU,l^^
stir up thii king^s subjects to take arms, and |
rise in rebellion against h\^ majesty ; cofttdit^ |
ing and conspiring to exalt the Pretender la tbs .
crown of this reahn, and put him in posscsaioo J
of the government by armed force, and truopf .
lobe levied jjir that purpose; the actual io»
lji>tihg and retaining of men to serve in this re^
be] lion ; and, BiiaUy, a conspiracy to seia^e
imprison the sacred person of the king hii
Genllemeiu the heinous nature and di
tive tendency of these facts were fully
plained to yo\i in the opening of the cause,
they had met with success, the event
undoubtedly, have been no less than the
subversion of our present happy e«tablishm
and, in consequence of that, the lo^s of er^
thing that is dear and valuable to t)S. For
reason it was rightly admitted by one of
counsel for llie prisoner, that the criroi
'proved, ia incapable of aggravation ; and
so J although it is impossible to say I04j 11
concerning it, yet to say a great deal to
must be unneeeitsary, because it is eijually
possible fur the hearts of Knglishu»en and ]
testanUs to suj^^ge^^t too little to themselfi
so important, so moving an wcasion.
The evidence which has been given €<
of several parts and different kitiils, every
of which conduces to support and ccirrof
the other, an*l taken togL^her, they m
the fullest and must convmcing testimony
can be expected in any case. In the first pi
living wilnesses were produced to yoii
were privy to the treasonable acts and
tationa ; in the next place, several papers
lipeo read to you, some of them written
the prisoner's own hand, but all of ihcti
longing; to him ; and last of all, you
the coofession of the prisoner himself pi
by two witnesses.
The first witness was Mr. Stephen Lyncb^
who gives you an account in what manner he
was lirEl inuotUiced to the priioutr nt the bar*
JfW High Trraion*
l« tHU yon he came into Eiiglaml about
illsfl, mtul bud spreral rneeling^s ^ith one
, Miir|»hey, wh« wiui his oltl acquaintance.
tiN9M oieetin^B they haii a iliscour^e rebt-
to Iba Prf;t«;iHler, and an attempt to be
\ for in i^^^r-nerai rising in bis tavtinr ; and
ivin^ thus iii**ciosed the secret,
I if he wy old lie of the party, he
■inend him to a (fenileman who had
4e share in the maiia<reinent of the
l^^nch tookVime to deliliratr upon it,
laia mo or three days after told Miir|jhey
fct w w«oh ed to be of the party.
Mi^nyn •r*ts m June last, Dr, Morphey carriea
E^axk to thtt prisooei^s house, who |jra|>o»0<l
Ji lioB tci ^ to ihe Griflin-tavern in Holborn.
IMber lliey went, and the prisoner 1*00 n canrve
<liliieiii ; and you have heard in nhat manner
Hspbey pr^*^nied Lynch to the prisoner, as
l«^ the gentleman he had before ^y^ka to
ItBiiT^ axid what propfisals 'were made at that
" — ^"-^ by the prisoner to Lynch* That there
be an insurrection in the kingdom in
Qtof Ihe Pretender, in which they ahonld
W sD^ported by a great many of the army and
I well &ji by several of the nobility
and that he wanted a fit per^ou
the 6rst steps in it by aeizing
ptnoo of some general^ or other greut
^^BD^pvTicu oy
gbt fnords, oi w
mi weBAxyi an
iilidteocieof il
It may be proper here to take notice of an
ab)eaioii which was made to this, which
ii cbe r^ry beginning of our evidence : Thai
LjflicV * : in absolute stranger to tht? ]m*
MBer, p^iiraordinary that the pri seme r
iboulii ruaivrr H proposal of j»o clungerous a na*
lur« to him at in%\ %\\r\\\. But this ia plainly
aceotmt«^fi inr Uy the witness^ who telU you he
Wti I acquainted with Dr. Murptiey,
wd .^i r i .i was very intimate with, and intro-
him to the prisoner as a friend who
Might be confided in. Agiieeably to thi^ you
tbKrte, that the first thing the prisoner ac~
9Mted Lynch with, was, that he had had such
ntoiiif r^comnienflations of Lyncb^ that he
vti fully *atis6ed in him.
Tbia witness gueti un to give you an account
IhMio a day or two alter, in pursuance of the
Hiaetffiea he had recci?ed from the prisoner, he
ip«il to the same taTero, and sent for the pri-
They had »ome further conversation
a ni^iiiu''f "md the iocltnaiion which ap^
in the n;itron for a revohiiion. And now
il via that prisoner informed Lyuch that there
^Pii« great man at the head of ihiH afiair,
«i«jic&er wanted wii, omrage, or restitution,
•ad aroold at a proper time give Lyuch orders
l» cflvsci something considerable. At this
•MdiDg the pri^ner nariicolarly engaged
X»yikcb to seize the earl of Cadogran. The rea •
mm of tliii attempt the witnes§ gives you, that
it trai itiorUer to discourage the kintjV parly
•nd aoiinate the Pretender ^». And, gentlemen,
tbe nwaatng of this is plain and obvious^ ; for If
tnsttfrwtioii was begun, what could be more
USaAy lo create a confusion in the army, and
" Ibe tokiteri to revolt) which appaars to
i ilUyi
have been a main part of this design , than tlie
seizing of their geoeral?
There were several other meetings both be*
ore and after the prisoner's going into tiio
cotiniry, where the witness told you he had '
*itaid ^txteen or seventeen days. At those meet-
ings they di$t:ourspd concerning theconspiracy j
and at one of them it is remarkable the pri-
soner tohl Lvuch, that if they once made a be-
ginning here, th£*y should want no assistance
from abroad. And, utlajtt, Lynch tells you, that
he being under iie«:essitie9, expressing great uo*
ea<iiness at the dday of the project, and, as I
remember, talking of going beyond sea, the
prisoner actually advanced to him a sum of
money, no less than eight or ten guineas at
difl'erent times, in order to engatyp him to stay
in England, audio a^^si^t in the intended deitigii
of a revolution. This is one proof of m%
overt act laid in the inilicttnenl of listing men.
As they had considered how to fijspose of the
general, so it appears they did not neglect the
army; for Lynch ncmmints you, that upoti
discourse about that, he asked what encou*
ragetnent they had from the army ; upon which
the prisoner answered, That they hail great
encouragement from thence, and several ser^
jeantfi and common soldiers had ^men them
reason to belicvf they would join tliem. Lynch
being asked a^ to the time when this design
was to be put in execution, he told you thera
was no certain time tixed, hut the prisoner io-
formed him it was to be at the breaking op of
the camp \ and tit the same time gave a rea-
son for it, which is by no means lo be passed
over, ^' That they could not have so good op-
portunitieH to talk with the soldiers (that is, to
seduce them Irom their duty and allegiance)
whilst they were encamped, as in their <{uar-
ters/* Pursuant to these consultations, Mr,
Layer afterwards told him it would be neeea-
nary to take a proper time to view my lord Ca-
dogan*s house. The pretence for going thither.
was, that Layer had a particular of an estate
which was to be sold to lay before his lordship.
He tells you that in fact they went to the house,
surveyed it, talked of the feasibleness of the at-
tempt, and at thai time they also discoursed of
seizing the Tower ; and the prisoner told the
witness that tlve Tower would be immediately
sutTendereii to the party on the day the plot
should be put in execution ; for a certain officer
would take ufion him to mount the guard there
that day, who would facilitate the delivery of it
to them. And the people ofthe Mint were at the
lame time u* have arms put into their hands.
This is a very remarkable passage, and faltt
in with the scheme which was afterwards pro>
duceil you in Ihe |irii$oncr*s hand writing.
The next meeting where any thini^ pass-
ed worth repeating to you, wa<; ut the
Queen ^8 Head tavern in Great Queen-street;
and when the witness came to the prisoner
there, he found one Wilson in company witU
him, and another man^ who seetned by his
clothes to be a Serjeant of the guardd. ' The
uae to be nctade of that fiict ia, that it is a cit-
4
SB7]
9 GEORGE t
eamstanoe which falls Id with . tlie written
Scheme; for you obseired that one Geoi^
Wilson is there meDtioned as the person who
was to manag^e the seijeants, and reccire orders
froui the principal officer. *
At this meeting Lynch tells you they talked
ov«r the business, and drank good snclsess to
the enterprize. When they parted, he com-
plained to the prisoner of' the k>o<*' delay. Upon
which Mr. Liayer told him there was a noble-
man at the head uf the desig^n, who had fuii
power and authority from the Fretendei* (whom
Be called kin^,) who would lose no fit op|>ortu-
Dity to put it in execution. He did not name
this nobleman, hut tohl Lynch that he should
be iiresented to him in dne time, and also re-
ceive orders Irom him to seise my lord Ca-
doii^an.
Gentlemen, it will be rery material for yon
to fix thi» circumstance in your memories, and
to connect it with the evidence which comes
afterwanis, and what was done in consequence
of this meetiofi^.
For after Layer had f hns declared that there
waM a nobleman at the head of the conspiracy,
and Lvncli should be presented to him in due
time, thro it follows that upon the $4th of Au-
gust, the dav the bishop of Rochester was com-
mitted to tfie TiJwer, which appears by the
evidence to be the time of their next meetinqf,
Blr. Lnyer proposed to L3mch to ride out to
take th«* air, which was agreed upon for the
next day.
In tliat joumev the prisoner pemiade<1 Lynch
to carry arms, because, as he then decl:ired,
*< He had that about him which he would not
lose for all the worW.** Upon the road Lnyer
told Lynch tiiey were to go to my lord No'rth
and Grey's, and when they were got pretty
near the Green Man at Laytonstone in Ks!«ex,
it was thon^-lit to be too kite to go on to dine at
lord North andG-rey's; and therefore the ]>ri-
aoner proposed to stop at the Green Man to tak«
a dinner.
At this place the overt-acts of higb-timson
comntiitcd in Ksscx, which we were so much
called iijxtn to make out, do arise. During their
stay li(^'e, the witness gives you an account
that they di:«C(>urscd of the whole project of the
insiiiTfctitin,the lueansol'eflectini,^ it, tlie unea-
siness that wns in the nation, and in creneral ail
the M>veral nintteis they had consulted of be-
fore ; and at'ler they ha(rdone this he tells yon,
Mr. Layer the prisoner pr\>f)0swl to him that
deustab:c and shockinij; dcstirn of seizing the
sacred person of tlic king, which he sometimes
called ^* sending u strong guiird to take care
of" at other times to secure, the king's
person.
He telU you farther, that Mr. Layer nulled
out of his pocket a manuscript paper, anu deli-
vertd it lo the witness in prt toldetl down, and
he read that part of it w hieh was left open.
That this paper contHined a declaration, with a
recital, that my lord Cadogan was then actually
in their custoily : That there were in it invi-
tations to the x>copl« to ri»e in ariw and repair
*isr^
Trial qfChrutopher Layer ^
to their party : enoornvgementi to \
diers to revolt, with an offer of three (^
every horseman and seijeatit, two gala
eviTy corporal, and one ^ineft to ereiy
mon soldier, to be peid immediately 9m
joining the party ; and a promise oflT — "
rewai^is. Lynch a^uaints j'ou, thitfT
souer talked of this declaration bimr^
own composing, and that from the i
which passed l^txvcen them, and the i
a nee of the paper, he apprehended it I
the prisoner's hand-writing.
My lord, after lliis declaration bad I
port need, the prisoner took it bock eg
It into his pocket, and kept it ; and tfa
the paper itself being in his custody, i
properiy admitted to prove the contents «
parole evidence ; and I apprehend if \
no further proof of these overt-acts whie
done in Essex, this alone is fully x
maintain the indictment to he regnilarfH»y
profrerly found in that county.
From the Green Man they went on
ping, to my lord North and Grey's, witftai
It b admitted the witness was not at fli
quainted, and consef|uent]y could not of '
self have any particular reoson for goii^
ther, but it appears to have b<»en upon ifcr "i ^^
tion of the prisoner. When tliey came f^^^JX
lor J North and Grey's house, Lynch telli jT^T'
tliat the prisonpr introduced him to hii '^Ti *
ship ; and this brings liack to one's iBem<^|^^2
and makes it impossible not to recollect ^J^Sl
the prisoner had tohl Lynch at tberr fasttMC^^^L.
ing, in time next preceding this joumev, *'''^^.
there wa« a great man at the head of tms ^*2Z
sign, to whom he should be presented in it**^
time. ^^
Gentlemen, aHer this Lynch went a wBOfO^
time to my lord North and Grey's at Eppiit^^
and there he found the prisoner at the bar ; in'*
deetl he does not own to you that any thiniT
passed between them relating to this cons|iinief
in the i>resence of my lord North ; but at tti^
]dace Lynch, in conversation with Mr. LayHS
' expressed an uneasiness that the affiiir vrasd^ /^^
I Inyed ; but Layer bid him be easy, for it might ~
I be done sooner than he expected. '
I Gentlemen, this is the substance of the eri^
deuce of what passed in Essex. But the wi^ ^
I ness tells you he had atlerwards several oon^ r^
\ versations with Mr. Layer ; and when he e»- ^
' pressed his concernment at the delay of pottia|| ^^
the di-sign in execution, Layer told him he was r
I so l)ent u{M)n the success ot it, that rather thsi
it should fail, he would be a second Massinelb:
I This was represented as a ridiculous expressioii
j by one of the counsel for the prisoner : but iv%
i have all heard what cont\isions were raised b)^
I that profligate fellow in the kingdom of Naples; .'
I and it is plain, that was the example the pif*
soner referred to by this exprr^ssion.
Mr. Lynch was cross-examined by the
oonnsel for the prisoner, with as mnch liberty
as they thought fit to use ; bnt 1 did not ob-
serve that his evidence was at aH weakened,
1 think 1 may tay, it was rather conftrsNd by
K9] ./or High Treason.
it, lince it «va» nnon their own q'.iestioiis he
fit« h» reasons now Layer came to deal 8o
0'^}' and unguardedly niiib him at first sight.
And ihoae reasons were strong ; for it is not
improbable, if Murphey and Layer were
cocked io a treasonable design, that one of
thou should liaTe confidence in a third person
m w itruog recommendation from the other.
TW. next witness is Matthew Plunkett, and
1 tafitbend, notwithstanding evory thing that
ktu tan said against his testimony, that it
is mbfr strengthened, as to the facts sworn by
hi^ dban weakened by the evidence for tlie
prwmtf. He tells you, his first acquaintance
vih Mr. Layer was about five years since,
Mrf bad lift rise upon this occasion : the goods
■ ibe bouse vilierc the prisoner then lodged,
hdng taken in e.Necntiony (whether his own
fitds or not, is nut at all material) one major
BHBewen, who has been examined for Uie pri-
mm^ was employed to procure persons to
iHBC those giuds ; Hamewell applied to this
■VMS, who got two grenadiers, that were let
ii gt m private door by 31r. Layer's clerk.
Th^ did their work, drove out the uiiiccrs, and
amedlbe goods; and f'lr this sen ice Air. Layer
nwaids tliem with a crovTu and some brandy.
Hbee that, it appears he Ims been empIo^-eJ on
flibcr messages between major BiiruewiH anil
Ibe priaoDer ; and in v. hat rraniier Plunkett is
■pported in llicse circumstaiiccr, and by con-
■faeace in the rcf:t of his testimony, by irinjor
^ BiraewcU hiiiiFt-ir, who has been produced io
fciiidi*. htm, I s!i:ill obsf^rrc wlien 1 come to
fanider the etidence for tlio pri»on(:r.
Bui the witness havin;v irivon you this ac-
CMn» cf ll:r intrrdi;?:ion i'» ^^l• c-^viT.:j>pi!i!r:'.f c,
tilli you. xl.r.t \:i July list, J:.nics Pl-.iukctt
one lo hill \'\nn\ the p:'«- jikt. cnqnirrd pri-
mely what :».rq'.iaintance hv had lunoniTstthc
•W.-r*. p.rA ilisireil hint to mcft t!:p |jrist>ncfr
It llie lla:i:.n roirpp-Lous' in Rn.-. ;cl- court ;
Wbe di'! fiotr.^.uet bim tlic^re, not havjn;r money
Mr iacliuation to i^o to a OMfletr-liouso. Me
ptn you :iri account , that on thi; Sunday
bBwrinj, riiiiniingfro'ii St. Amircw's church,
Mbc wa»* i^oinjf over F.«nco|u's-iiin- fields, Mr.
la)#T n.*-t bin>. I'lMikett had Jbr(roiten
Ujer's t.ire; bat Luycr roiiKtr.bcicd iiiui.
Hi Sftkifj htm if be knew h'.ui ; to which
ikfrit aiiMvcTinic that Itr; diil i::ir, the pri-
r told hiir. hi name, \y\\\v.\\ maile bim
lyiut. Layer then f TitMMicilir.faniesPlun-
pha'i ii't lirun uilh tne uitiiess, tii desire
htoi-(iM> to the ila!iaricorrci>-iiouse, a few
li:*i''>ie; nod liavintT niade bimsdf
by ll.-esr cir(-iiiiL';<:uice>i, look I'loiikett
;i! a I'liii*
uilli iU-
; ^..i'l ii«>
i';«':.l..t!
*«iald lie.i#l andfh>3ci[''iri.' n u:t.>b. f'>r
■Tinen cnDUi^h. Piuii!>-ett suiii.
*Tal old soldiers, but he iicsi-
^^ tbe Pretender's being a
ItitalMaff il)e force of
lpriv:iti' plr.rre. 'I'iirr.- list \
at ion, in lui'di ]/t\' ;- !
' bow M«1I assur< d !' : u:< . r.
Uons to I'le \\i U.-:.'.vr. :
same idd s:jlilin-s, mi:- !i i
A. D. 1722- [27a
that scrapie, answered, ** We had as good have
a Papist for onr kiog as a Lutheran, I don't
know \\hat difference there is between tliem"
(tliatih) between a Popish king :uid a Pro*.
testantone-^ — An im]Mirtant difference! which
I wish with'^all my soul, were not too much
forgotten, or |)erhaps, too little valued, bj
many amongst us, who are not so frank in de^
daring as the prisoner.
Mr. Layer proceeded to excite the witneu to
join in bis treason, by a false representation of
tbe state of the nation, and particularly of the
injustice as he called it, which was done to old
soldiers who had served abroad; a topic most
likely to captivate an old Serjeant. After thia
preface, he informed the witness there was to
oe an insurrection ; and Plunkett askinj^ who
was the promoter of the design, tokl him it was
my lord North and Grey, whom he commended
as a due general ; anil then he went through a
sort of list of several other persons of consi-
deration. The witness has declared that ha
knew several soldiers, said, be could procure
(ive-and-twenty, whereupon Mr. Layer desired
he would make a list of their names, and the
places of their lodirings, that thej- might be in
readiness upon calj ; and at partmg gave bun
half a crown.
After they had thus talked of the conspiracy^
there followed a very observable passage ; for
the prisoner declared that tbe design had l>een
put in execution some time ago, if some person
had not discovered it to tiie FremHi amlNi>»sador9
who writ of it to the recent, and tio it was no-
tified to the king. Ilouever even this apjire-
hcnsion of a discovery did not terrify them, for
t!i(* project was to <;o on. Tbe late duke of
Orniond was to come in a single ship, and
general Dillon in another, and they were to
bring others with tbeni ; which you take
nf;ticc fulls in witii the eudcnce of Lynch, that
Layer declared to him that they shouhl not
want encouragement or assistance from abroad,
when once they had made a beginning here.
The next intercourse between tlie prisoner
and riu::kett was not personal, but by the
nioaus of one .lefl'reys, a non-juring c1^rgy man.
(iiM'leruen, you observed that tho prisoner
told I'iut.i.nt al parting, that he would send a
n)l^^et '^i-v Hi Itiiii with mont-y ; and afterv^arda
al ikis ovvii house, on the; nioVning he went out
of t 'Sn fui- N'oriolk, that he had left a guinea
wi-ii a noM -jining clergy man to give him to do
service with; — and, snys Layer, whilst lam
ai)niiui, you muy bo sure I shall not be idle.
\ceovi;in*gly Mr! Jetlreys eanie uiihin a few
•I 'N^ al'tcr, and appears to be that eUr^yman ;
f -r lie said, he eauie from Mr. Liu-r. tie
tells \ou, tluy diseouised on the old subject,
Mill! Ji tlVi-ys desired he wouM get men in
n.'-'Mir^s. :iiut said he l::id ^<'^4'lal other places
i'> :<o t'» ou the s:.ii)c err:>nd. .Iefi'n-\s gave the
u.liif.ss fio ut"ne\ at tliai litfie. hot came a
stC'Uid lime, :ind giUi* iiini oiiiy balf a guinea,
w liieli he said Ij»\ er li:w{ mi. I liim for hi^ enc0u«
riiufenitnt. lUisid^-s liiis, he tills you liayer
gake hiiu a crotvn at tlie Castle- tufern, in
971]
9 GEORGE I.
Drury-lane, expressly to encoura^ him to
list men for the Pretcoder. Upon the pri*
soner's return to town, a letter vras sent by
Jetfre^s to the witness, to desire bim to go to
the pnsoner*B house ; and when be came there,
the prisoner ga?e him a guinea with liis own
hand . There were several other conyersations,
aeyeral thinss said to keep Plunkett firm to the
design, and many groundless and malicious
slanders cast by the prisoner upon his majesty's
ffoyemment; and in all those conversations
Plunkett tells you, the prisoner always stiled the
Pretender king. It would be tedious particu-
larly to repeat all these things to you ; but there
is one thing I can't help olMerTiiig, before I go
off from this part of our evidence, I mean, that
Plunkett told you more than once, that he was
to procure five- and- twenty old soldiers for the
service. Now that happens to be exactly the
number which is assigned to each of the eight
Mijeants in the prisoner's own Scheme, which
was produced to you, and is a strong circum-
stance in support of this witness's testimony.
Gentlemen, I have gone through the evi-
dence of these witnesses, and I beg l«*ave to
say they are, within the meaning and inten-
tion of the law, two witue&>esto prove the high
treason charged upon the prisoner ; and it hap-
pens in this case, that they make out all the
particular overt acts alleged in the indictment.
Both Lynch and Plunkett prove repeated
consultations to levy war, to bring in the Pre-
tender, and the actual listing of men; and
Lynch alone proves the publishing the treason-
alile Declaration, and that part of the desiirn,
which nobody can hear without the utmost in-
dignation, the seizing his majesty's person.
From henceforth i apprehend I may take it,
that the charge is proved ; though in truth we
have gone a great deal farther in order to put
the testimony of these witnesses beyond all
doubt, to deliver them from all (MKsible objec-
tions, and to demonstrate to you the nature and
extensiveness of this black conspiracy.
The next head of evidence, is that of the pa-
pers ; and notwithstanding the little cavils
which have been urged against them, those
papers are fully proved to be the prisoner's,
and by him delivered to Mrs. 3Iason. It stands .
thus; Mrs. Mason swears, that the prisoner
delivered these pa|)ers to hor in two packets, as
thuigs of great consequence, Si*aled up with his
own seal, which seal is now remaining anil ap-
pears on the covers. That she locked them up
safe in her trunk till thev ^ere seized by the
messengers, and out of tliat trunk the messen-
gers took them. That she set her mark upon
each particular paper, ^liich appearsto be the
same mark which by way of experiment they
would have her to make in court; and she
swears, that these are the very same pa{)ers
which the prisoner delivered to* lier witli his
own hands. The two messengers gave you an
account, that they seize<l these papers at Mrs.
Mason's lodgings, on the 29tli day of Septem-
ber last ; that they took the two packets out of
thotninkfUMiuM inl buy ihMiv
Trial of Christopher Layer^ [272
covers, and that BIrs. Mason was by, and
presence; that the^
marked them m their
likewise put their marks'upon, and never deli-
vered them out of their custody till they had
so done. Indeed, Turner says be left them in
the hands of his fellow -messenger, Spear^
during the little time he went for Mr. Stanyao;
but Spear swears they received no naannerof
alteratwn during that space; and upon the
whole, they swear them to be the aame [
which the]^ took out of the trunk.
Upon this evidence, we apprehend we
entitled to have read the pa|)ers, without giving
any farther account of them.
I did mention to your lordship the caie of
my lord Preston, which was not so stroDff ; lor
he lying, together with Ashton, in the bold of
the ship, upon the ballast, a bundle of papers
lay between them ; Ashton took them up, and
put them in his bosom, and there they were
seized ; but being found together with my lord
Preston, those papers, though the very overt
acts of the treason laid in the indictment, wcra
read against him u|ion that proof only. In-
deed, alter they hail l>een read, the king's
counsel, in order to give a farther stren^h ta
one or two particular papers, entered mto »
proof of their being my lord Preston's own
hand-writing.
The first paper we called for was the Scheme,
a regular plan of this conspiracy ; and, gentle-
men, in order to prevent any pretence of hard-
ship, before we read it, we called a witness to
prove this Scheme to be the prisoner's hand-
writing: it was Ulr. Doyli'V, who swears ho
>erily believes it to be his hand. He gives
you the reasons of his belief; that the pri-
soner lived with him as a clerk two or three
years, not whilst he was a boy, but aller he had
served some time with another master, had
been used to business, and gained a settled
hand , and during that time he frequently saw
him write. I'o support this farther, he tells
you, that he had trausacteil bu!»ines5 for Mr.
Layer, aaihis a:^ut, until about four or five
vears aqro, and had received several letters from
Iiim, which he was sure were his, because he
(Mr. ]>oyloy) had dune the business retpiired
to be (lone by those letters, and Mr. Ijayer had
paid bim fur it ; that he had comparedhis pa-
per called The Scheme, with those letters;
thattlie character of the letters agreed uiih
what the prisoner wrote when he was clerk to
him ; and ihe character of the Scheme with
that of the letters.
liut, (gentlemen, this Scheme is an evidence
so coiisideriiliie in itself, and of that general
consequence to this whole cause, that we went
tJEirtlier yet, and, not out of any necessity, but
in order to give you abiiudaiit satisfacti<in, we
proved it to l»e wiiiien by the prisoner from hit •
own amfession. Mr. SSisnyan told you, tbit
the prisoner ii|>on his examination before lbs
lords of the committee of council, where be
was prpsent, and took notes, confessed tbi^
Schemeto be of his band-writinjg^. Tbe couP^;
■el Ibr Um priaoMr olgeGted, thu quealMm v«*^
8
f7J]
Jtit High Treasotu
A. D. 1722.
[274
Ml diraellj. asked him (fa this your hand?)
wai ceoH^oantly he rtid not say. It is my
kM4 It w true, that does not apfienr ; can
fkam be m» other evidenee of a confession, but
saeh direct questions and answers. Upon the
cnamtioo, the prisoner was aske«l, whether
hckeeir of a»y arms lodge<l in Westminster P
Hclrtdthe lords he knew of no arms bein^
MgidL Thereupon this paper was shewed
Vn, sal he was asked, '* How came you to
viiftiii Mb Scheme of your own hand- writinj:^,
te 1km9 were arms lodgeil ?'* To this ha
■stfeaaswer it was a mistake, I should have
viS anvs that should be lodged. Can any
iay ba snore plain than this ? It was so eri-
^■t that the paper was writtou by him, that it
«ii take* for granted, and called bis hand-
aiilisr ID the very terms of the question ; |iro-
Wy DO had GonfcsRcd it before the clerks
i« catted in. tf it had not been his hand,
^iNaoltbe natural answer have bien, Why
diysaask tne almut what is wriiten in that
ftftt ? I know nothinsr of it, it is not my
had-wriliuff ; bat instead (»f ilint he Sfluiils it
•iiksat the H*nM difiirulty, ami takf-s up(»n him
•• Iril the lords what he intended to have
The gentlemen en the otlior sjile cudfavn
aliD avoid the force of this f^vidoncr, fiv I
•avour-
^ this
■^ioustam — '* I should have writteu'anns
shoulil he lodgi^d," (that is) '* If I had writ
il, I shouki have written arms that should be
hdged." But I desire to be informed, if he
'4 not write it, how came he to know any
lisg about it ? How couUi he take upon him
ti say it was a mistake? Whose mistake?
Be adoiit^ it to be his own. 8o that this obser-
romoD to nothiu;^, and ibis Scheme, after
aN tbiir o!>jections, stands confessed, as well as
\ to be Mr. Layer's hand-writinpf.
I poll ihe fuunilation of all this proof, which
I bitf If SVC to ob*ier\e does suppurt nl! tlie other
fsj^ni fV'i.iiid in the two packets, \hv. Scheme
aas reail, and \%hen it was read, it iTipiircd
hirictest attention; for in thnt paper ap-
(■Tk a rei^ohr fleii;^, formed tor tlip totrd
ihttiMtion of thisgfovemment, to Im? exernted
Ibecity of London, the capital of the kin^-
M. 'I^is, if there was no nuire, shews a just
biMlation for wlint was hitoly declarcfl to us
■Bvilrniri uiatincTf tliut ii' this cons|Mracy had
'W l»«ii h'.)ppily d«rtected, wo should before
^ fciip wciii Ihjit city involved in blood and
lainn ; Kiich uppr-irs to Im> the plain intent
^B^ The most pr(»!li;,^:»te ot the people were
hbffr ar.ii«« put into ili*ii' hands, in order to
^Mue and pilt;*;;<; the Iw Tor sort.
kibe first plucr, ilic? 'I'nwr r v. as to be seiz-
jlssda ccrliin otfircr r.\|)(:<:ted to be upon
I^Jpard that day, who sliunid hr their friend,
is the party who \v«M'f> tu make them-
aaslert of that ifnrris'tn. 'J lie Ko}al-
^^, bein}^ in iIm* lu-nitof the city, was
t head-quarters nf the genera*! ; and
Ity was to plunder the liank. So
I OS a taste of the views of these
Mf spoil and rapine were not, in the
at
execution of their desi^, to have been aoci«
dental, proceedin.ir from the fury of action, the
common excuse for such outrages, but a pre-
meditated avowed part of tlie measures con-
certed before-hand.
The artillery was next to have been seized^
and a strata^m is contrived to effect it : and
to crown all, his majesty himself was to he
made their prisoner: Horrid resolution! co-
loured indeed with the name of securing his
royal person from the insults of the mob ;
but how thin a pretence this is, I need not
spend time to explain to you, since the writer
of the Scheme himself has called it but a pre-»
tence.
The Scheme goes on, and the conspirators
bein^;^ sensible bow much our future hopes, as
well as our present happiness, depend on the
Protestant Succession in his majesty's family^
the next ste|» to be taken, is to gfct his royal
highness the prince into their power — a prince
at Richmond, described under a cant name,
but the meaning of it is plain. When all thitf
appears, how can the counsel for tlie prisoner
object, that there is not sufficient foundation to
accuse their client directly of comfiassinfr the
death of the kincr? Could this have ended in
any thin{v else? Or can any one dream, thai
eiilici' of those precious lives, I have now men-
tioned, could have been preserved in the hands
of such miscreants?
Caentlcmen, havin^if observed thus much, ia
short, upon the nature of the Scheme, it will
be proper to take notice to you, that as this
paner, thus fully proved, is of itself a strong-
evidence, so it frreatly corroborates and sup-
ports the testimony of the two witnesses, as to
every one of the overt- acts char^red in the in-
dictment, and tallies with it tlirout^hout.
This is true as to the {general design, but ap-
pears mftst remarkably in some of the parti-
cular fncls. The project laid down in the
Scheme for Rcizinir the Tower is exactly the
snnie with what Lyncit told you the prisoner
c(MU!nnu!catod to him whilst tli^ey were viewin<;
my lonl Ca<los^an*s house : *^ That the ofBccT
who should be up^n duty there that day mig-ht
be their friend, and favour the desip:n." In
Hke manner, the circumstance of ei^ht serjeant«.
beinjf to have in readiness 25 men a-pie<ie, fall*
in with what Plunkctt the serjcant swore, that
he was to procure that immber of old soldiers
to enrriij^e in the enterprize.
Jiut there is one observation arisinpf from a
circumstance of lime, which is exti^mcly
strori{^ in coiifiniiatiou of the testimony of the
witnesses, and shews manifestly, that the ac-
count they ifive, must arise only from their
knowled{;e of the truth of \\\v. fact, an<l roulil
not possibly be framed and modelled to answer
thtse pa|>ers ; ii is this, that IVIr. Layer, who
was taken up on the intbrmati(»n of Lynch and
Plunkctt, was actually in the custody of a
mcsscu<;er, and made' his e*<i.'a|ie on the lOtli
(lay of September last ; but liirM* papers, which
thus fidl in \>iili, and support the facts they
swear, were not seized, as the two mssaenj^era
T
I
^
^
^
EOHGE L
qutimt you, tin llie ii9i\i of that tnODlh ;
rliich if iieiyr ten days nfier.
Genil^tnen, one would have thought there
tiad b*»en no »icraKion to go any farther
IV] y lurd, I dtf^ire that the |irii»ODer muy not
talk iu ih« jury, ^hitsl I atu obaerviDg^ upon
the evidence.
L. C, J, Sir, you must not do it.
FrUoner, My lord, I did oot speak to like
jury.
ftlr Hungerford offers to speak.
L' C. /. I tell you, Mr. Hiingerfordf it is
fiot right; Mr. Layer haih made his observa*
tion« to the jury, nod made lus nods, and some-
times 1 have teen his lips move,
}*risoTter. You can't tell what I said.
Sol. Gen. I saw you turn abunt to the jury,
and saw your (i|»s move at the s<ima time. My
lord, f desire he may stand up, aud look to-
tfards Ihc Court, which is his proper posture,
Gentlerneo, I wa« saytog, that after this
Si "heme had been produced, one would have
thought ihe ki ring's cuunsel might Mifefy have
rt-sted ii here, tan any body doubt of this
treason, ami of the prisooer^s part in it, when
he himself hath thought fit to record the con-
spiracy viith his own hand ? However, we did
not lea re it here : hut in order to give you en-
tire satisfaction how deeply this genikman was
engaged, what a large share he had taken upou
him, and how dangerous and extensive this
conspiracy was, we read several other papers.
They consist of li&is of iho names of several
peisons, many of them otficers of the guarrls,
aud of thtj army ; some of them general list*,
others particular: for what purpose these must
have been made up or procured, by a person
eniraged in siuch a desij^ti, is e^itremely plain.
My lord, it hath been said with great justice,
thai ihts is not to be so understood, as to bring
any imputation on the gentlemen named in
tliese li^t.s, I dare say, thut by far the gi^ater
numl^er, if not all of thrin, are persons of Ihe
utmost fidelity to his majesty, and zeal for his
service. Hut men engaged in such designs,
who are plotting lo overturn a government,
must weigh and calculate the strength of that
fovernment, as well as their own. They must
now who is to he relied upon on on^ side as
well as the other, and consider who are tit to he
applied to, aud who not ; iherefore they must
take an account of persons concerning whom
they have no hopes^ as well as those of whom
they have hopes. Thus it was in my lord
Preston's case ; be had got lists of ships, and
ol" the king's olticers and troops: The meaning
of it was well understood upon his trial ; the
Court uuJer.^tood it, and the jury understood ii,
that he hud procured them, iu order to the better
information of himself and his accomplices iu
Ihe conduct of that plot.
Gentlemen, in the next place, several letters
were read to you, wbkli were also found a iiiouifst
the papers dejio^tited by the prisoner with Mrs.
Mason. You will remennher on this occasion,
mhaiMiW^ Alasoa swore, that the prisoner hath
S
T-^
^
rml of Chfisiojiher Layer ^
some time gone by the name of Foaoli
gave directions to hiT that \^ any leltri
directed lo ^r. Founiaiiie, she should lal
in,auddeh«er them to him. 8 he teUi
letter did come directed to Mr. Founlaii
she delivered it to the prisoner* who
read il,and kfpl it ai^a letter li»r him \ wl
an ex|iress owtiing ol thut nam^, aii4
of the letters now produced are directitS
name of Fouutaine.
There was fouod* together with the*
a cypher, that \9, a fist of tWit^cRil oa. « :
persons and things, which bus heen i
read ; and in this cypher the caut expa
made Uife of in the letters are contmiaG
the persons and things signi6ed by i^" > *^
phcrtd iu plain words*, iSir Will
follower of the Urelender, with ^v
pears the prisoner had settled a cori
is there described by the name <
and ibe (irnt letter that was reud, \-^ ^.u!
with that name and directe«l to Jaisi*^^
laine, esq. In that letter sir Wdliam Ll!ir
him '^ be is entirely of his opinion as Ic^
uiethod of carr) iog on the maniiraclOTy^
the procuriiitT ul good workmen, is tbe
step to he madtfJ* Manufactory waute^i
explanation, but ii is fuUy cleared up l>y **lfc>
H(»rd — ' Morkmen,* which Inllows. For '*5'
into the cypher, and * workmen' stands for ***jL
diers;' so ihal the * manufactory' must h** "ir/^
as It uiuj fit for ♦ soldiers' to work in, U*
on and advises him narticutarly '*loget
the ablest of Mrs. Barbara Sniitirs,*' Bai
iu Ihe cypher means the ^arrny ;' so the adi
nmoiintsi to this, that in onier loriii^e arehelli
he e»lKiutd seduce bomR of the nbleii^t coldters
the king's army. A counsel, which is
made %cry plain, the prisoner bum endeaw
punctually to follow. To eneonrage
this, he tells him, ** that it will be very a;
to ,all concerned — particularly to Mr.
Now, according lo the prisoner's own explni
lion in ihis cypher, Aikins is one of the feigi
names for the I'l etf nrier.
The next letter is dated the 1 Ith of July I
sobbcril>e<l N\ C. and ackno\tlerlges the rci
of a leUer dated the 8lh of May, with auol
letter inclosed, which the i^ritcr asv^, '
presently delivered to Mr. St. John, w\>o ti
tt extreme kittdly : Look into the cypher, aad
it appears tliut Mr. 8t. John is one ^f the ficti-
tious nsmes for ilie Pretender ; so that ititi
letter shew s, thnt the r»ersnn to whom it ^n
written, corre:>pondedimmefliatHy|with til
tender htdisell. But it st^ems Mr, Si. J
not well understand wbalrclatt-d to Mr. ii.ii
ford, which the hnter-writer hopi*5 may i»< su^n
cleared by an answer. What il\ts wa»
wanted explanation, is in the dark \ \
much We know tlmi iu the prisoner** c> puti,
Bmffird stand:^ tor the earl of Orr*ry,
There in another letter dni**!! ihe '^7'^ '^^
May, iu \Uiich live writer ti*l|j« Mr, La> <•
their frieud had hi>!; teller of ihe^sd ol' .'\i „,.,,,
and li>ok very kindly ihi* cai« he hud taken at
his little -coiujariifi. IViio is meant by that
«")
Jhr High Treason*
cmtkcerm ^^tre the prisoner'* r are*
"f '* Aplietr; hut it in very tin-
lje liftiiip |H^r^n before oiUcil
If, However, it stents tlitii-
I a loss ftboul ct^rtaiD niiines
.ill, ilie tiiUe soldier, and
fiBiniii, '■' n hift rental.
TW »♦ iUr. La}cr*«cy|ilier, li
ibe^aMi ten** hir acviilier; and in that likewise;
tff% la W tiHimi (be olher words, tvhieh Itia
fjaal M ont then umleistand; parlicutarly
%a«^ avbich ifl put Uieie tor the Jord Nfirtli
«il6nj. But tl ibat did not appear hy the
y¥% liie deacHpHoQ urhich follous,
imi^u^h to ciiin i: , : v man in liis
HMteifu%mrnt who w Uy it — ** He
•«flfce^' ''*■ "• — «'y hiiiiKO iinrji*ijiinao,**caiit
«fii~«u« I \* hicli tnke in both the titles
•I Ili4t tit^i.. vi . Tlt^ letter- writer adds, that
*OBir frieofi (the same wr hose concerns were
aia oare ofjtery well remembers rhia per-
1^ soil luUb a rery particular esteem and value
lb liifn, ftii«l that he is (iti tbeir pttrnse) a very
fM4l«Miil, ood a very honest mau,^*
QevdcaieB* some of the papers were read to
fM fii m more exlraordinary nature titan even
ftM» IcUara ; J tnean the notes signed Jajnes U.
mah tlm l*t»tri%dt.T'x owti hand* These are not
«ily Boe e**dcnce *ir the plui, but a part of the
■am kiy whirh it wns to be ei)>cted ; for they
m be rt'ceipta fratued with blankn, to be
mp Willi siifiit id money as occasion uf-
with a promise of rt'j»f<yii*i'Bt with in.
Tb»*- ^*"''* ^'ttTie at the ways and
for ntti' s out of the pockets «t
lUp at ,,. .^. i ^^ luund weak nnd silly.
iJ s» wit:k«iienoii(;h, to advance monc^y
m. shidov of a security, tor so flagitioui
• Mr|Miae.i Hut they ask us, who proves the
■Miariipliofi to he the Pretender's handf I an-
•wr. It tscrrtnin ll/nt it not material ; hut if \\
w« Uavc It liufiicienily from the prinnner
Tbe account he hath thoujfht Ht tu
iC tbcni^ yen have heard from Mr. D<-1a-
> to hia correspondent
ir William could send
^ r the kintr^a
ler) he l^e-
M the cany-
th:it his intention was to
uc ii;i4cjir \i\r^ mi
\ his friends, and to hate raised money
Mr»oct(»t9, I'biii nbewsthe priHoner re-
t llirtii aa being «i^Mud with the l*retendf r*s
and ihcwt hkrwixe the uite in-
I la ba made of tbnu ; Mftd it appeam be
W tb« eoui&dence to juiittty hioMflf in ibisi
prim, by tlic like method haivtn^ been taken
Mjp lord, ihlt ii tht aubiitaoce of our proof as
^IH ^fiertatid the ohnervationa which bavtf
VL«ije«l ti9 nsft vipott litem ; and 1 wiU pre*
■^ In say, wah grsflt aubniiasioQ to your
im^hif'% t*«tlrr judfowiil aad oh%ervatiou, that
ip0 Ibia rf id«Dce» nduB together h iih ihe tea-
MMn tfif tJbtf |«fo wttetiOMy we mi^ht safely
ic4 our oaoto to jour lordatup's di-
A. D. 1722. [^7»
roction, and the consciences of the jnry. But
we went farther »tiU^ not because ive wanted it
liO convict the prisoner, for nv hurl dlre^dy done
aufficient ttir that purpose, but in order to f^ise
abundant sAttstaeiiou, not only to the gentle-
men of the jury, but to the whole world, (d'tho
reality of this conspiracy in general, as well as
of thii manV part tu it ;' thai ibey mny <»eeand
be convinced of tiie jujit grounds ihfre were for
thtit priwecntion^ and for the treatment the pri*
soner hifs met with* For this reason it was,
we calleil Mr, Stanyati and Mr. Delalaye io
give an account of hisconfestiion, npiui hisejui-
mination before the lords of the committee of
council ; and 1 apprehend, we were poperly
and Hgreeably In the rulea of law, let into thai
evidence. We have had the judf^mcnt of the
Court upon that point, thertlore I won't trou-
ble your lurdtihip witli any authorities for it,
but rely upon that as the heal uuilioriiv.
GentlemeOi the relation Mr. Dflaikye and
Mr. Stanyan {fafe, was, that the priiconer de-
clared to the lordi> of the council ili^it he lia^l
been al Rome in the year 17lil,aud staid there
some time, and had iicieral conferences witU
the Pretender in nerson : that in one of llioso
conferences he asked for some token or crtden-
tial, in order to give him a credit with the party
when he return^ tu £u4;Und ; thut it wvl* not
at ^rst granted, but atWw;irds he put his re-
quest into this shape, that the Pretender's wife
(the queen he (!alltHl her) would be (i I eased to
aland i;od-niother to ihe pri^otjer's child, 8*ime
lime WHS taken to consider of this proposition,
and then word was hrout^ht by coL Hay tu the
prisoner* that she wouhl ^ituol ^od mother to
the child ; and it was uirreed, that the late du-
chess of Ormond shouKl represent her. Afier-
wanls the Pretender consented to be the g"f»d-
fulher, but Lnyer was to procure some pcriioa
to be his proxy*
U'bat was then agreed upon was followed by
the fact. When the |m iMoiMU' returned homey
and the cluhl was to he christened, he apptied
to my lord Orrery to represent the Pr*lender,
and to the late ductless of i*rmond, ti* rt-prrsetU
the princcsH Hobie^ki. The latter coiiiplied«
hut my lord Orrery declined the service i and
thereupon the pnsoner made application to my
lord North undGrey, who was pteased to accept
it. The rhiUI w:u christened al Chelsea, and
my lord North *inii Grey stmul aw projity for
the Pretender, and the late duchess* of OrmuiMl
ibr the princess 8obic»ki ; an<l the prisoner
siidi they both were privy that they represent-
ed those persotts.
Ibe priautier^s eonfession likewise vertlief
<?very material circumstance of l*yucb*s et !•
<lence, aa to what paasetl m the <'onoty of £s-
aejt. That he was at the Green 5lan wah one
Xi^nch, and tbtre she wed him the heads of a
declaration which he had rlriiwn ; that they
went from thence to my lord North and Grey's,
imd there the prisoner presented the witness to
his lordship as a very honest iinin, and u person
ftt to be employed in set%in|; my lord Cado*
gan i wtxd aHer wards be said, as a person tit tt
1
i
i
4
•79]
9 GEORGE L
be employed in an insurrection. Tliat the pri-
tonrr and Lynch lay at my lord's house ihot
nigfht, dined with him at his owu table the next
day ; and that the healths of the Pretender, his
wife, and child, were drank by them after din-
tier, and the same healths were drank, and (if
I undei-stood it right) begun by that noble lord
himself.
There was a farther circamstance sworn by
Mr. 8tanyan, in which he is confirmed by ool.
Iluske, that at the time Mr. Layer was appre-
faended, a considerable quantity of arms, and
about 50 cartridges, made up with liall, and
fitted for the use of soldiers, were found in his
house : and the prisoner being asked, upon his
examination, what he did with them? He
•aid, they were for bis use, in case there
should happen any disturbance in the nation.
The prisoner entered into an examination of
the gunstiiith, how he came by tliese 'arms ;
Irat thot is not at all material : in his house
they were found, and he has confessed they
were intended for \m use in case of a disturb-
ance in thenalion. What disturbance was there
likely to happen, but from himself and his ac-
complices ?
Gentlemen, the prisoner*s escape out of the
messenger's cuRtody is another strong circum-
stance. In order to Hy from justice, he ven-
tnrpd to p:L't out of a window two stories hii^li,
and had the fortune to meet with a sculler,
which carried him cross the water into South-
wark. When the witness first endeafoured to
atop him, it appears he was in the utmost con-
cern ; begged of him for God's sake to let him
go, pretending it was an arrest ; and then he
pulled out of his pocket a great many guineas,
and bid the witness take what he please<l, so
he would but let bim go ; but the messenger
pursued him pretty clbse, and he was retaken.
Gentlemen, this is a ^ery material piece of
evidence to shew the guilt of the prisoner. The
law of England supposeth guilt from flight,
and though it was said, that anv man in Mr.
Layer's condition would liavc done the same
thing, if he could ; that ran be true only in
this sense, that any man in his condition, as to
the consciousness of Wis own guilt, would iiavu
done it ; but an innocent person would never
have bmught that imputation upon hiinscif, by
endeavouring to escape.
This is the substance of the whole evidence
which has been given for the king against the
inrisoner at the bur, as well as I can recollect it;
and, gentlemen, I persuade myself, when you
have considered it seriously, you will be satia-
fiefl that it makes good every part of the indict-
ment. But be that never so strong, the pri-
Sfiner ought to be heard against it, and have a
full opportunity of making his defence : for if
he hath a goo<r defence, either in point of law
or fact, to take off the force of this evidence,
God forbid that he should suffer by it.
The prisoner entered upon bis ilefence, and
his counsel were pleased to act eat with mak-
ing some obsanrations apoo the
Tnal of Christopher Lnyer^ [280
My lord, ihey first make n otyMiM ia^
point of law, that the treason^ tf«r which tba
jirisoner ia indicted, iscoiDpasaiDg tiM dnth of
the king, and one of the overt-ads hnd is Mif
a consultation to levy war, which they lioMl
is nut an overt- act cl* that species of trvMip
nor iiuleed any treason at all, beoaun the
words of the statute, «5 Edw. 8, import m%ir
actually levied ; and for the wtmmt of thta
words, which nobody ever doubted of, eaae
ancient French writers were qooted.
My lord, I appreliead this ctjedioo, if it
bo^one, is rather to the indictment then to the
evidence, of which they know tbej maj fn^
perly take advantage 'in arrcat of jodgncalb
Bat with great submission to year ionlaki|i|
there is no weight in it either way. Oee«i»*
not help being a little surpriied to licnrit ■«■•
tinned, after that point has been ostaUiabei kj
so many resolutions, which at the oame tine
they tell tis they are aware of; and in Ihovaijr
last case of higli treason, which wae m Ifae
court, I mean that of Kerr, Dorrel, aod GMni
it was solemnly determined by the i
opinion of all the jmlees, that a conanililiili tl
levy war, in order to destroy or depoeetheUif^
is an overt- act of liigii- treason, iu i um|ieMg
his di'sth. This was the received doclnBohi* .
fore the Revolution, and it has been adhered It
eier since ; and though the act of rensnelff
my lord Ruisel's attainder has been BBcnlie— t
yet if that were lookeil into, I dare say mo de-
claration will be found iu it, contrary to this de-
tenuination. But they go fan her, and abfed
that here is no overt-uct at all proved to he
done in the county of Essex ; and if oo, tha ' \
whatsoever proof there may be of liicts done ie
Middlesex, that will go for nUhio^, and the
prisoner must be acquitted upon this indictmeet
And, my lord, so fur I agree with then, that
unless we have proved one overt-act at least le
be done in Essex, we cannot maintaiB this ie*
dictment.*
In support of this objection thev would heie
it, that the only tranmictton in Essex is wkil
passed at the Green Man, and the whole if
that is reduce<l singly to the publishing the
declaration : and that, say they, is not legaMy
proved, and if well proved, yet it is no overt*
act of treason. As to the proof, they objeol
that the paper itself is not produced, and pa-
role evidence of the contents of a writing il
not to be admitted.
But, my lord, I have given this an answw
already, by observing that the inieoner task
back the paper, and kept it ; ao that the wril*
ing itself being proved to be in the custody «f
the party, we were entitled within the onlieai^
rule, to give parole evidence of the tuuta— >
But, my lonl, this declaration was m pert af
the treasonable consultation then had; aal'
sure 1 am, it would be the finest iavontioB W-
secure certain im|ninity to plottere that eieff
was thought of, it, instead of discoaraing', lh0
See p. 164, eai £aet% PI. Or. ee
iSI ] fir High Treason.
' " W ctrried oa by papers
I iTOia «w to MMther, and nobody can be
s the paper is not to fale found.
As to Uiat part of their olvjection, that it is no
svtrt act of treason, one of the gentlemen
lb«iglil fit to treat it in a ludicrous manner.
Tvaa cbIj rc«uiinji;r a pieoe of paper, supiiose
tbiy kad Mii|r m ballad. That |[;entleman will
I M, if I say, those expressions did not
m Ms ciccasion. An accusation of high*
» which highly concerns the king and
bjigwim lit, is an aftair of a serious nature ;
and if he does hut reflect upon tlie contents of
' By wliich the witness related, he
c it m Bsatter to be spurted witli.
■r. Kcttslhey was pleased tu say, that this
•hU he tto overt- act of treason, because it was
m hbel. But surely, that is very
■y. Publishing of a ps|)er oaay
one crime or another, according to
• matter of that paper ; and can it be
at this time of' day, whether the
a declaration or a biiok containing
or offering rewards directly to stir
luog's sulijecti to rise in rebellion
him, he high-treason P The treasonable
i this caae cannot be doubted, and it is
ia that the publication is an act ; what
then wantins; to make it treason P But,
■f brA, this has also been adjudged, and there-
Ms I won't argue it.
■]r lardp I have aahl tlius much about the de*
Air the sake of following the gentlemen,
are counsel for the pri*ioner, in their argu-
k ; bat after all, their founilution, which is a
that there are no other overt -acts
ia E«sex, besides this of the declaration,
\y fails them ; for your lordship will in-
ftm the jory, that Lynch deposed that whilst
ftqr stoid at the Green Man they did more
fkm " talk a little politics," they consulted about
^ piOfeU of an insurrection, and the pri-
■Hf tliere actually proposetl to him (besides
Vhttwas oontsined in the paper) the design of
■iBBg the king's person, which arc two other
■Nrtacts laid in the tndictmeiii.
UpoD this, another objection was raised by
Vr. Ketdbey, which, if it holds, will go to
As whole ; ami that Is, that we have hut one
Lynch alone, to the iaclrt in Kssex;
indictmf'nt must (btl, unless there are
I witnesses to somu 'ir uiIkm' of the overt-
hii the county uherr ih.> iiMictment is laid,
kl, ray lonl, that is not now to he disputed.
bhw is clearly «;(;itIr(l,t:iBt on an indictment
Vkigfa treason, iu compassing the kiug's-
if aeveral overt- acts arc laid, and some
IS OTert acts are proved by ouc witness
iu the county where the party is
' itthers of them are ]>n>ved by ano-
to have licen com untied in a dii-
ity, that evidence is sutiioient to
■ lia the indictment ; they are two wit-
i ^tha same species of treason within the
i« g af the law.* Ho it was exprcttsly re-
ft r' — I ■
I ■tolatt'a PU Cr. cb. S, s. 6$.
A. D. 172f . [88C
•olred by all the judges of the Ring's-bencb,
in tlie Case of sir llenry Vane, which is re-
ported in Kelynge 15, and that has been since
tbllowe«l by a current of authorities ; the Qase
of tlie Five Jesuits, the opinion of the judges
delivered to the Lords upon the trial of my
lord Sufford, 32 Car. 2, and other cases.
My lord, as this is established by autliorities,
so the reason and necessity of the thing is
strong, because otherwise treasonable consulta-
tions might easily be carried on in such a
manner that nobody could be convicted of them.
It would be but to lay the scene U|)on the
confines of several connties, and take care not
to consult with any two persons in the same
county ; then there could not betwowitncnsca,
and all would be Hafe.
1 have done with their objections in poiat of
law, and shall now endeavour to give some
answer to their observations upon the fact And»
gentlemen, I think the whole of those observa-
tions may be reduced to one head, which is,
that it is highly improbable, that what the wit-
nesses liave sworn slmubl be true. But upoa
that, before 1 give particular answers to what
they have offered, I beg leave to say in ge-
neral that thougii in a doubtful case, where
there is any balancing in the proof, tlie im|>ro-
bability of the thing is a consideration of great
weight, yet where there is plain and poNitivo
eviilence on one side, not weakened by any
counter evidence on the other side, the objec-
tion of improbability can be of little force.
But to consider this improbability. They
say* it is very strange, that Mr. Layer should
be' engaged in so dangerous an undertaking
with such persons as have sworn themselves to
be his accomplices. To this, 1 say, it is al-
ways strange, that men shoubl venture to trust
one another v^-ith such dangerous secrets ; but
certain it is they often do ; and as to the wit-
nesses in this case, they are proved by the pri-
soner's own evidence, to be persons with «vhoni
he thought tit to hold a correspondence. IJow
this great conliilence was at last created be-
tween them, has been accounted for by the
witnesses themselves, in a very natural and
probable way, of which I have already taken
notice.
Mr. Ketelliey insisted ibucli upnn the impro-
bability of Phmkett's evidence, iu those parts of
it which concern Ji'unes Pluukc^tt and Jetrreys
the non-juring- parson. That it is not credible
I that those two mm, whom Flunkctt admits to
! be absolute Htniu«;ers to him, should at first
I sight open theniNclves with so great freedom,
! to a fellow of his degree on a subject of treason.
I But that will reccne this ans»er: James
I Plunkett and Jeffreys were, as appears ch-aily
: from the circumstaiic«'s, in the i.-outiileuce of
, i^ayer. Layer had a coulideuce iu Matihew
Plunkett the witness, on the rtcoiiuuendation
of major liarnewell ; and by means of l^yer,
both James Plunkett and Jeffreys might be
induced to trust him. And thus* the chain of
the correspondence is made complete.
Another olysctioa was made to Plunkett,
9 GEOnOE L
tb&i he had b«en guilty af a fl«t contrirliclion
in his €vifl<?nce. Tbut he finil sitoit, Jeiffeyt
toltl him his name upon hU txvsi cnminrrto hiirif
and aft€nvards that he did not kuow his name
•till he received the letter from him about ihe
prisoner's being couie to ton n. Hut tlwt ob-
servation wa*i ifroimded upon a tiiistake ; fur
whHt Plunkett said was, that JefTreifs rUd UM
lijin his surname at fir!»t, but that he did uiit
Itnow bis Chriatian name tilt he receife^f (he
letter, nhicb is very consistent.
But the counsel for the prisoner were w^tl
aware, that their observatJODs upon the wit-
nesses could be of httle effoctf if the pajier
called the Scheme found credit; and therefore
in the ne%t place they attacked tliat aft Mnrr
incralibfe ; they represent it as rittieulousiind
IMtih— 4he scheme of a madman, which could
ner^r have taken place.
Gentlemen, a?! to ihisobserTntioti, the Scheme
ii indeed such an one as I hope in God could
fiercftake place any wtiere^ but in Ihe heads
«f Iboae that framed it. But with great nub-
mission, that ii no objection ta the credibility
of it, profidcd it be proved. For the t^nsi-
deration is not, how it now appears to yon or
to me, who look upn it in a different li^ht,
and on the contrary pnnci|des from theirs; but
the proper cntisiJcraiion ii, what the con«;pi-
ratora thetuselvea, with regard to the views
and principles they went upon, miglit think of
it. And, i^ntlemen, in that light e^catuine it,
go through the several articlts of it, couipare
them toiielher, atut you will find them cou-
sistent and coincideut; all the parts answering
4a one another. Every quarter of the lowu is
Krofidcd for, di*i|iositiaus made of certain oiim-
ers of men, and care tnkon to pre^^erve the
communication between them by watch- words
agreed upon for that purjwse. These things
make it plain, that it was fully con sidfTcd by
-those wlio drew it, and framed not at ramlnm,
but upon computation of a force of which they
thought themselves assured. And what, tboui^li
it should be admitted to be extravac^ant, and
not likely to succeed? If that shtiuld be ^iven
way to, as a certain objection a^^^inst a pIol*s
finding credit afler it is detected, 1 am afraid it
would be a sure method to make sucli plots
suceeed, or at least to ftecure the authc^rs of
them from punishment. Do hut intermix some
absurd, extravagant parts in ihe plan of the
conspiracy, and then accnrdiriLf to this rcas^m-
ing it is below notice, and must be suffered lo
jpo on, or if a stop be put to its prosrress, yet it
IS incredible, and nobody must be believed to
be (^ilty of it.
But, gentlemen, whatever difficulties may
be raised a^'^ainst particular parts of the written
Scheme, yet upon ihp grounds and suppositions
which the prisoner and bis accomplici-s pro-
ceeded on, their erenei al design mi^ht appear
wery feasible to themselves. For it is piam
they had a dependence, h«iwnver ill-founded,
upon discontents raised in tlie minds of the
people, and ou corrupting great numbers of tlie
\Mrmy, wh'Kh would Wve diroiDished the
Trird of Christarphtt LaytTf
strcnisftb of the {V'ovemmeiit^ aiiil add#>d td theii
ow n ; and ailer they ha4 made a k««riiMyi|
herf*, it if proved that tbey e:i|»eetcd atMil^H
The neict thing to be Qonimkt-ed, ii the U%*
timony of the prisoner's witne«iea ; and,
tlemcn, you observe that tlh-y have
called any witnesses to coutrudict the* tji
taiotd in our evidence, iat Ihe tieofi'^
hou4c at the Green Man say iinthiii
pur()Ose ; but all their evidence is app
ihe character and credit uf the witncsaet
dueed for the king.
Ab to that, I imist observe (0 you« tlia
not to be expected that conspiracies and
tr»rous machiuations of this kind shoulj
proved by person* of tlie best cliai^a
is necessary from the naturt? uf the t
they should be proved by those who 1
privy to them, and such ptrsions
sibly be of characters absolutely unfa
Therefore, to say that such witness*
to lj€ believed, "is in effect lo say,^
evidence of a plot is ever lo be l»eli*'vi
surely is an argument tJiat (troves tool
The tii-st witness ihi-y called on this he
my lord North and Gre^, I am heartily 1
tosee hislordiihip here in his prcseut coad
Ufion this occasion ; the rather, becaua
obtigcfi me to ohnerve, tirtt here are cin
stances proved tvliicli utfect him , I will <
it no farlher, hut some titciiuibii
proved in this cause whii*h dn HflTi^ci I
what is his evUlence ? f li^ lordship \
to impejich thecharat'tpr of Lynch ; and I
ever he may iinpeiiclj his cliaructer, 1 am I
he sujiporti his credit as to tf»e facts sworfl
him. The account his lordstnp gave^ waf,<
the prisoner broujj^ht Lynch to his hoiii
Epping, iniroduced Lynch to him, that hcl
never acquainted *vilh hirn before ; but
Mr. Layer's introduction, received him civil
and that Lynch came thither a second tim^
Now, these are the very facts Lynch aa"
to, and consequently 8<i far my lord sup
him. But then, as to bin character, his
ship is pleased lo »ay, that the first lime Ly
was ihei'e, he gave him a history of his
and in that gave so vile an account of hiii
that when he came a second time, his lord
wouhl not give him a loilging in his ha
This, I iliiiik, was the whole of my lord%
timony ; and I caj^pot help remarking
it, that his lordship gave no account at 1
any business, which ciiher the prisone
Lynch had with him, nor of any partic
occasion upon which the former introduc
lutlertohira. That was a matter within
lordiihip^s own knowledge.
There is another thing which is a little I
prizing ; and that is, that Mr. Lynch
an absolute stranger, as is confessed, to
noble lord, having tlie honour lo be introda
by a friend to a person uf his great qua'
should have so tittle regard to his friend, or la
the opinion that noble brd was to conceiTe al
bim» at al the itrsl iutarview to take ao add 1
Jin- High Treason*
Mig reoommendei], and i;if e a moct
nous character of hiinteir. This ia
: out of the ordinary coui*se ; but you
lAt ao it was.
w other witnesses to Lynch's credit,
uding their number, I apprehend
lence, when duly considered, will
I weight. They were most of them
enter into particular facts ; but the
reeably to the constant course of e?!-
erruled them in it ; and that you,
I of the jury, may be satisfied do
was done by this to the prisoner, I
Lion the reason of it. The reason
cnlar facts are not to be given in evi-
impeach the character of a witness
it were permitted, it would beimpos-
lat witness, having no notice of what
oru a(;ainst him, to come prepared to
iswcr to it ; and thus the characters
MS might be vilified, without having
rtunity of beiu^ vindicated.
le witnesses themselves, some of them
know no ill of Lynch ; many of them
iro him but a little while; some of
« ao account of declarations made
I prosecution began, and how fairly
e drawn from him don't appear ; and
others of them, I submit it to the
consideration of the jury, from their
I the appearance the> made, whether
^it not themselves to have brought
I lo support their own credit.
rpeara plainly to be mistaken, and that
'; he was askcnl imw l;ni«f he had
jach f And, I think, he sai'l he kneiv
mhIuu last winter ; now it ftpjieurs that
me into EugUind but in Aprd last.
men, in the next place they called wit-
Pluokrtt'tt credit, and there the same
fell them as in the case of Lynch ;
' Barnewell, their first witness on that
ragli he is willing enough to give him
meter, yet he confirms several of the
cfa the other swore, and ^ives exactly
I account of the resouins: the pfoods,
ilGiNDRtances of IMnnkeit's becf>ming
Hd with Layer, which lie gave.
!lhild likewiite supports Plnnkett as to
OMtance of his carry iiiir her husband
ifoner's house, and the prisoner's re-
Me him.
In. Mason, they have taken n great
MM to prove her a very ill woman.
<is, or \»li:-.i those persons are, whom
f called !•> Imt crc dit, we «:an't tell ;
Mbapfica.'N even from their own wit*
kHahc is one witii whom Mr. Layer
it to converse, and tlieretbre it is not
Uilhatshe mi^'iit he f ntnistctl by him :
sach only as i)e tliout^ht til to
wmA enlnisf, that uc can have
f. The prisoner, lias, indeed,
R thrtfC wom«-n. who talk very
fcrjf angry with her ; and one
""^ in a scolding way, that
lihe says or doc:s ;'' auo-
A. D. 172f. [S8(i
ther» that '* she would take away apj iiiao'»
life for the value of a farthing;" and auoh kud
of vehement expressions. It is sofficieiit to
say this, that people who talk thus loosely and
passionately upon their oaths, rather bring ■
suspicion upon their own credit, than upon the
creoit of those against whom they swear.
But, gentlemen, if they had brought a much
stronger evidence against the characters of the
king's witnesses than they have done, what
would it have availed them P Does this case
de[iend upon the characters of these threo
witnesses? It cannot be pretended that it doei«
Let their characters be what they will, their
credit in this cause is undeniably supported ;
supported as to several material facts, by the
evidence for the prisoner, but most strongly
by the papers ; against which, 1 apprehena,
nothing has been said to take off their force.
If those papers are not genuine, how should
the notes signed with the Pretender's hand,,
which tlie prisoner received from sir Williaot
Ellis, come to be amongst tliem ? How should
this Scheme, proved to be of Mr. Layer's own
hand-wiiting, have been there? The prisoner,
I must own, did call one witness, Bennet, who
was his clerk, and is now his solicitor, to swear
he believed the scheme not to he the prisoner's
hand. But it happened with Bennet, as it did
with several others of their witnesses, that
though he is willing to carry his belief as far
as he can, that this is not his master's hand;
yet he is forcetl to acknowledge another
matter, which still verifies the papers con-
tained in these packets to be nis master's
papers : for being a^ked of whose hand> writing
one of them was, he swears it was written by
himself for the prisoner, and by his direction.
This comes out of the month of his own wit*
ness, and confirms Mrs. Mason's testimony,
that these papers came from Mr. Layer.
But over and above all this, you have the
prisoner's own confession, proven by two gen-
tlemen whose credit is beyond all dispute ; and
certainly the prisoner must be allowed to be m
good witness against himself.
However, we shall not leave the credit of
our w itnesses singly upon these observations,
though I think we might safely do it; but
shall cndi?avour to take off any ill impression.^
their evidence may have left upon you, and
vindicate their characters; and that, not by
such witnesses as some of those produced for
the prisoner were, who, I observed before,
might stand in need of witnesses to sup{>ort
their (»wn credit, but by persons of undoubted
reputation, who will satisfy you that their ge<
nerni character is such, that they very well de-
serve to l)e believed by you.
I have now done with repeating and ob-
serving upon the evidence on lM>th sides; and
I beg leave to insist upon it, that we have
fully made good what was opened to yon at
the he:rinning of this catise, that in general
tiierc has been a horrid conspiracy carried on,
ill order to overthrow our happy constitution,
ait'l to deprive uv of all the blessmgs we enjoy
SS7 j 9 GEORGE I.
mnd promise ourselvei , under the establishment
of Ins majesty ani) his Protestant royal family.
The part the*^pri«oner hath acte«i in this fully
appears to yon, and it appears to be a rery
oonsiilerable one.
It has been Mid, imieed, that he is but an
inconsiderable man, of no rank or fortune fit to
aosuin such an undertaking. That obserfa-
tiou may be true ; but since it is plain he did
midcrtaKe it, that, joined with the other cir-
cumstances proved m this cause, serves only to
4lemonstrate, that he was set on work, and sup-
ported by persons of greater abilities for such
an cnterprize. And, gentlemen, this is the
most affecting consideration of all. But I
would not, even in this cause of your ku.^ and
of your country, say any thing to excite your
passtcos; 1 choose rather to appeal to your
judgments ; and to those I submit the stren;>;th
anci consequence of the evidence you have
heard.
My lord, I beg pardon for having taken up
•o much of your time; I have but one thing
to add, and tiiat is, humlily to beq* of your lord-
ship, for tho sake of the king, for tfie sake of
myself, and for the sake of the prisoner at the
bar, that if 1, through mistake or inadvertency,
have omitted or inisropeated any thing, or laid
a greater weight upon any part of thr .'vidence,
than it will properly Ik'uf, your lord^uip will be
pleased to take'notire of it, and set it right, that
this wh(>le case may come before the jury in its
true and jii»i light.
Strj. Chf shire, ft is so late, that it will be
inexcii^nblv in me to trouble yuur lordship ^viih
any thinij by way of reply, espcrially since
Mr. Solicitor Cieueral hath done it ko fully.
Wcbhall only beif leave to call a few witnes>es
to the creilit of the kind's witnesses.
Mr. Ketdhttf, I shall not take up much of
ynur lonltihip's tirir;, esjrerir.ry s"iro }our
lordship and the Cvourt iiave Itciii entrrtaiPLMl
so wrll r.nd so lonj;- by Mr. ISulici^or Gciieral,
at least two hours, a> 1 have observtd hy my
watch; b»it it uas inipnv lh!e for inn to think
Lim tetlious, thon^-h mi L.tt? at n-'^Iil, ;iud esije-
cially Kiiice \i\> co.icIu.»ii':i is ^\..;.i;y r.-^rctahlc*
to the c'oncliisii.ii oi a InN: <;clcbrat('d .Solicitor
General * on a. like cccasimi.
Att. Gen. We niu>t be:j k-aveto (all soiiu'
witin'bi.i.'s wo hav«.', who will support the credit
of Mr. Lynch and Matthew Plunkett.
Mr. I'c rno/i sworn.
Seij. CUihtJc. Do )0U know Mr. Lynch.'
J''crnon. V<'s.
Serj. CU'jhirt . WIiul account dr you give of
him ';'
reman. 1 keep a tivern at the Swan and
Uurnmer in Fii.ch-lare; tiiiii giiitlenian hath
* Mr. Finch, al rol. SSichu y's iriul. Formtr
Edktijri, The trial ol Sidney ;s rqirrtcil in this
l'ol'fCtion,v(>l. 9, p. 817. j'do not tind in that
report any account that the Solicitor General
did what is ht-re nsrrit>ed to him. Concerning
that report. »ee vol. 9, p. 8(i5.
[!88
Trial of Christopher Layer ^
frequented my bouse these ftwr i
day, till he was in cuMndy; be hath beoi «
vc ry tr^od custcincr, and paid me kooctlly.
Serj. Cheshirr, Do you know the priMMral
the l»r ? Have vou seen Mr. Lynca •atlia
in comfiany t<i^^ether at your hoaae ?
Vernon. Yes ; I have seen Hiem hiiBi to
company together at ray houjte.
Mr. keleibey. How long hath he beayip
customer ?
Vernon. From the begioning about Ite
months.
Mr. Keielbetf. About four months! Didht
spend his money plentifully and fnedyf
Vernon. Yes ; some part of it 1 bave bU
since he bath been in custo<ly. '
Mr. Ketelbey, How much was he in yatf
debt before he was in custody f
Vernon. Ten or eleven shillings.
Mr. Kctclhej/. How long had he beei ig
custody before ho paid you?
Vernon. Not long.
»Jr. Hunseiford. He had the first fnfeiif
his bring in custody ; he had some aNBlfi
anJ so he paid *ou your reckoning.
Seij. Pen^eliy, VVe take it, that Nr.Tflnarf
{>ro«es, that Layer and Lynch were tJOumMi
together.
Captain Malthus sworn.
Serj. Cheshire. Do you know Stepboi
Lynch? — Ma/thus. Yes.'
Serj. Cheshire. How long have you kaomi
him?
MnitfiNst. Ahout nine years. I knew bio
first, >> hen he was a merchant at the Cananei.
I trailed wiih him several times ; several times
i wrs conaritrned to hiiu, an«l 1 have seen hirfl
at homo.
Serj. Cht'>hirc. What account can you gift
of hl^ l>eh:;vj'.)ur?
Mt It Inn. Ne always behaved himself ver|
wil;, ! \\\v\k.
A'i. i'-v'i. Do yoM think hi> wituld sireir
\\\\ • iy to liik ■ awny ii in.uiN life?
^hJiiius. No, I don't ihiuk ho would.
VtY. httfifny. I low h«ng is ii since you btw
!).?%; I .1. (}i::iiiit(.J wiih liiuii'
Mdif/ih:,. Mjiif- or liMi years,
j >ir. KvlUUu. i:ow' long is it since your last
aO(;:iain'.aiK'H i'
?.J i!i/it:;3. About four iu')tiths.
'<*. Kiicibey. Whif distance of time did
thore use to be bcfwteii your seeing of him?
MuUiius. Two or liireo years ; every time I
\ oatnr home.
51 r. A't tclf'Ci/. Doih he owe you any money ?
^la.'Ci'ius. No.
Mr. luh'l'ty. Would you trust him with
money ? — MiiUh'ix. Ho ne\cr askeil me.
.^ir Kctciivi/. Vi:nr wimess we may ask ai
to p;;rticular'>; Did yju know his auiit'there at
that tiine ;'— Mutt hits. Ni>.
3Ir. Kctc/lty. J)id \ou know any thing of
his hchaviuur?
MuU/tus. I never kucw an ill character of.
him in my life.
for High Treasm*
iplaifi Arnold fworn*
Do toa know Sf^phcn
Ifn-r ': •:- Vfjive yon known
It b I ears ii;»o.
— Arnt^itt, No.
re. Do you take bim to be a
nrf fr hm} nnj Jenling^ with him*
cy. WouItJ yotl trtiit liim with
^f e tUitfbg^ li a imall sam.
Ci>l« Manmng sworn.
Ch^ikirt. D» you know IMadliew
^ia^mng. Yen,
Bow long bare joo known
•rdv of len years.
If hat credit hatb be^ Do
honest man ?
vni himself wcll^ and
Do you think he would for*
I 1 li^licf e not,
- vf* "I 1 hailnny ifi»coor!6c
Vif^ Atjd ditl not you
k No^ 1 (lid Dot.
|nr/onf. Did not you ifive him a
Ir lA Mr. Lnyer ?
\, No, 1 did not.
, Do you mean thos, lliat he he*
alf rery well as a soldier ? What is
it cbaracter in ^ctlK^^\ ?
immg, 1 know uo ili character of him
II waa with tne«
Cifal^y. Dill yon itmft hear any thinfif
Im m air Daniel Carrol^ th«t he mm&
M4tm^ti4 irpon him f
^J» If li» fftad« an unjutt demand, wit)
nfcra be perfnrMif
^ititikiy. What hate yoa heani about
^la^wcca Mr, Pbnkettandsir Dimiel
' Mr. Layer say^^
nattr hparany body
Uim^ i mIc you about making
I nfoo air Damd Carrol I, what
filf
^ mftf beard any thinf like it,
'Vy My lond» wo ai>|treheod we
EiiBine, la to parti curara, a person
fftkn aide proditcea aa a wilnesa to
^ ^^ A iodis-
.f»iu With
A. D. 1722. [S90
iibftnm^. No, I toUl you t liad oothbg tm
iay in relation tu PlmiketVn rhar«cler.
Hr, Hungeffi/rd. Let him ilIudOi I woal4
not atk him any more (jtif'stinns.
Manning. Why lei In
Mr, Hun get ford. I *v< , . , j ve him e»»
BDtne you any further.
Manning, You ore ?ery civil,
Mr. HuitMrrfQrd. So 1 aiD, to give you oo
further I rouble*
Major Home/ sworn.
Serj. Cheshirw, Do you know Ulatthew
Plunkeit ?
HameL I bare known hitn these seTentectt
years.
Sffj* Cheshire, What character bath he?
Hamel, He was then ailrumiiRTin the rr^«
merit, and always did his duty well ; I tmiew
heard him coni plained of; he aWays hud a
good character; he went from Ireland to Smtin.
Mr, Uungerford, You speak to hia military
conduct ?
HameL I know of no oiber.
8erj. Cheshire, You say be always had a
good character ?
HamrJ. Yes, he always had.
Captain Croiltf sworn*
8erj. CheMhirc. Do you know serjeaot Plu
krtt.^— Croji^y. Yes,
8erj, Cheshire, How long hsire you known
htm.— Crui^V. Three yeara,
8eij, Ckahire. What cbaracter had he for
that lime ?
Crmbj^, W^hilst I knew htm, he bore a good
cimrftiier.
Sery Chtthire, Did yon hear any ill of him P
Cro$hi/, Not during the time that I knew
him,
Mr, Kctdbey, Where waa the regiment at
thut timer
Crotby, tt was in towu about half a year ago.
Mr, KeUihn/. Were you not of the aania
regiment ? — Crmhy, We neve.
Berj. Cheshire. We won't gir c your lordship
any further trouble,
Mr. Kctelhof. And we sppreh^nd we hara
no occajiion to giro your lordship any further
tronhle hy way of rcii^y.
Ait. Gtn, My lord,'aBto my lord North and
Grey, we can prove he atli'mpieil to get away,
ami waa endeavouring to go to Francf , ana
wan taken in iht isle of Wight ; and that o hett
the prisoner wasucized, he went a messenger to
give my lord N oi th notice of ii . This la^l waa
conivaBed on his examinatfoo, and wt; can
prove it, "
BIr, Kffelhry, 1 most aubmit it to yoor lord-
ihi'^ < be admitted
aa < ' person.
L, i . /, it Hu.tiyr,
Geuctemeri »« »« indictment
a;j:;i " *^" ' a^n, m- j.m >Mcr at the bar, |%>c
liVj^i ' The treji^on witli which ha
muTihU » ,»..i -^li, is the oompa^^mg and itnagin*
ing ibe drath of the king ; tlm overt-acta ths^
U
I
«
f91]
0 GEORGE I.
Trial of Christopher LayeTf
[tori
are laid in this indictment, as evidence of this
treason, are several ; first of all that he did
meet and consult, adfiae and ame, to lery war
against the king ; the second is that be did
publish a seditions and traitorous writing, ex-
citing and encoaraging the people to an insur-
rection, and offering rewards for that purpose;
the third is, that he did engage in a design to
■et the Pretender on the throne ; the fourth,,
that he listed soldiers against the king ; and
the last, that be did consult and agree, to take,
aeize, imprison the kin^ : these are the several
oreit acts that are laid m the indictment of the
treason, that is, the compassing and imagining
the death of the king. Gentlemen, I must tell
yoii, belore I go on to lav before yon, and ob-
ierve on the evidence, what the law is ; and I
must tell you, that the law is undoubtedly so,
if a man is charged with treason, in compassing
and imagining the death of the king, there
Bust be an overt-act of that treason proved in
the county where he is indicted ; and in the
next place, if there be such overt-act in that
county, he may be charged with any overt«act
of tlie same species ot treason in any other
county whatsoever. This hath been irequently
resolved and agreed, and was hardly ever maiie
a question. 1 observed in the hands of one of
the counsel, and he took notice of it, that he
bad the trial of sir William Perkins ; he coulil
not but oheerve there laid down by my lord
chief justice Bolt, if evidence be g^ven of
treason in one oomity where the indictment is
laid, he may be charged with any overt-acti of
the same species of treason in any other county
irhatsoever. The law being so, I will, in the
best manner I can, set out the uiatters that
have been given in evidence, on this long evi-
dence, in the clearest light that I can state the
examination, the objections that have been
made, and the obsenations that are proper to
be made upon it.
To maintain this indictment, the king's coun-
ael have produced several witnesses. The first
witnctis is Mr. Lynch ; the second witness is
Mr. Plunkett ; all the other evidence bath been
offered to confinn the evidence ffiven by these
two witnesses. As to Mr. Lynch, lie tells you
liow he came to the acquaintance of Mr. Layer ;
that he was an intimate acquaintance of I>r.
Mnr])hey, and Dr. Murphey recommended him
to Mr. Layer ; being so recommended he had
several meetings with Mr. Layer in Middlesex
at the Griffin-tavern, and in Holboro at the
Castle- tavern, and 1 think at Southampton-
buildings.
He tells you, at thene several meetings it was
declared, that there was to be a rising, and it
was Uiouglit necessary, tu/inake this rising the
more eflfectnal, that my lord Cadogan, the com-
mander in chief of the king'a forces, should be
seized.
Mr. Layer said to Mr. Lynch, he was kioked
upon as a person proper for the undertakiiw,
and he declared that be was willing ; and aaio,
if that was the opinion of thwe conomad io the
affair, be wouU undertake Io do k
; they went to my lord Cadogao*8 boaw, to ?iew
the house, and the several avennea aboot tho
house; and after the^r bad taken Uua viewt
Lynch declares bis opinion, that it was ftiiiUi|
and he would undertake to do it.
After he had given yon an aocoootof what
happened at the several meetings in MiddhMSi^
then he comes to what was done In the awiHj
of Essex : he tells you Mr. Layer canae toUii,
and asked him whether he would ride oat «lh
him to take the air? He agreed to k; tbqi
both went out of town together; be sud, fhk
as they were going along, Mr. Layer toM Mm
his intention was to go to my kml North tod
Grey's; he says, they went forward with
that intention, but before they come to the
Green-Man at Layton-stone, they thooght
it would be too late before they pit to my
lord North and Grey*s for dinner, tbcrefiNO
thev thought proper to halt at the Ghreen-Mtai
and, take a refreshment there. He teHsyoi^
they did stop there at the Green-Man, and «C
tliat time Mr. Layer did repeat the disooanoiT
the rifling that was intendetl to be ; hesoU, n^
lord Townshend, and my lord Carteret aid Mr.
Wal|M>le were to be seised, a party were to b|
sent to seize the king ; and that a scheoN VH ^
laid for seizing my lord Cadogan, and thit it ^
was proposed as a proper time to put tUo U ^
execution at the breaking up of the canp^ "Hi ^
saifl, when he was mentioned, at first fa« mdl ^
some little doubt whether tliat was a proper ii^ \
portunity ; with that Mr. Layer told him, pnw .^
consider with yourself, if you do not think lUl -^
practicable, will you propose sooMtbiDg ehli.^L
anil \yQ will alter our scheme ?
He saith, at this same time Mr. Layer poM ~<
out of hi« pocket a Declaration, purportiog aO
exhortation and excitation fur people to riM
and t.ike up arms against the king, sod rewaidl
offered for that purpose.
Afierwanls they went to my loni North aid
Grey*s. and that Mr. Layer introduced him 1^
his lordship, as his friend ; that they were o»
villy and kindly received, supped there, jl^F
there that nii^ht, and dined there the dy' -
atler. This is the evidence given with relslittaA. .
to what was done in the county of Essex ; t*^
if this relation be true, no doubt there k a i*'' 2
orft>^ -S
overt act proved upon him in the county
sex, and consequently the indictment
laid in Esiiex, and then the evidence
county of Middlesex will be a proper
against the prisoner.* But as to this
of Mr. Lynch, they say for the priai
Lynch is not to be believed, that be
profligate wretch, and no credit is to i
to him, though U|»on bis oath ; and it
* See Bast's Pi. Cr. ch. S. a. 61, ai «>
164. That if one suffideot
county io wbioh theindii
by one witnesa and i
be proved by i
f..w
' High Trea»(>n^
> «tiif<^ce Ihftt bath been [j »ven for
ft CT^rat number of witoess^it,
r your conjiiiieration : but you
i cane of thh ruirure, if yoii ore
es wltbotit rxcephiiD, it i« im-
J ftny eirictt'tice to couvict a man
i; nolKKly wUl eugn^e in sucb
I of ft Dice crettit and rt;|)uttitiori,
t'n not to Iterxpt'ined; for if U
1 bft imfKitsible to convict any
urtll emiMiiJcr« ftUbough credit
be i^iven to n mna of ill rc-
i»su|t|>oried in hh cvitleno*; that
other evtdcDccSf you vvill consider
fOiftl w\l\ not remove al! sorts of objec*
\ ta liii dttracif r.
\ tite orert act of publishinnrtUe deflara-
1(1 ported hevond coT»lradiction ;
in h\s rxaminiition before the
tUiiCii, uberi iieisiLakcd, whether
iclaratitin ? He says^ he
p Arid tbat was drawn by
Mv lordf what Mr. Staayan ftuvs,
4m tiot say thfti 1 confesseii that
liv we.
'<ju must not interrupt me while
r Ibe jury. You have behftved
IperatHy hiiberto, but you must
I cHunot bear it. The bub-
Mr. Stanyaii Htitd is, that v\ hen
mI of yoUf whether you bad seen
imttftm, }ou said, you had leen none
riMKli drftugbt tbat Wfts drawn by
1 hfg your lordahip'i pardon^ Mr.
m m here in court.
X X U be in court f Let biiD be aak-
ftgain.
^•% My liird, I lielie? e I did iayt that
i^i^r M confesii, that it was the heads of
IfMaoo which be bad drawn himself.
C« J* Now, Sir, after this, i expect not
M by you any more.
the leatteri he doLb at the same
that that waa the declaration
be bad shewn to Mr. Lynch at the
(•Man, «iD the way as they were goinf^
i lani North Mid Gm'f . ho that part of
tft nippmied by Mr. Layer's own
~ E> the other pait, that he did
tft Jevy war, contider, that he
tbe council, that he did i^o
EB»llftft, and there shewed the de-
Mr. Lyncb ; whether that doth not
whit tbeniht rKaith, that be went
Naiif and tlmt th^rethey Utk.
ion, and the li^vyioK ^* '*"*' »
my lord North and Grey*s,
tftooamitfided Mr. Lynch to
' 0f«y ftft ft fit peraoD to aeize
aaal to bft coDcenwd in tbo
A. D. 17^22. [294
war a||:ainst the king ; but be confesaed beforft
tite council, that he went to Rome, h»d two se«
T era t conferences with the Pretender, and wai
very kindly received by him : beaaid be aaked
the Pretender, if he would tjif e him any cro*
deutiab thai niJ^ht reconnnend liim to bis
friends in En^rland ; thut waji obj^^ct^d to, and
not complieil with ; but then he anked a pkrti-
cubr Ikvour, that the PrHendtr's spon*»e would
stand ^oduKither ti» hii child; ihat is* trrantc*! j
and the Pretender iiimself is willing to stand
giHifftther.
Afterwards, when he returns into England,
he coiisitli '^eti of proper proxies to represent
the Pi f'f endtT ant) his upouae ; and asking mf
lord Orrery, he refused him ; then heaakeil my
lord North and Oicy, who con^icnleil : my
lord North and Grey «tood ai» pr^ixy for thft
Pretender, and the ducbefa of Orroond aa
proxy for the Pretender** wife.
lie tells you, at this time when he was at
Rome, he had tobl sir William EUis, it would
be of great service if be could have a fund of
credit to raise money with. How must that
be? \Vhy»saith he, letrae have blank receipt*
signed by the Pretender himself; and accord-
ingly he 1 1 ad*
This, be tells you, is what happened at that
time. Now the evidence given by Mr, Lyncli,
liein^ of an insurrection in favour, and for the
service of the Pretender, when Mr. Layer owns
be had two con*erences with the Pretender,
and was receiveil so kindly by him, and hnd
lucb particular marks of bia Favour ; cotifclder
wbrther thid dotb not support the evidence
wbicli is given by Mr. Lynch.
The next evidence ia Mr. Plonkett ; be idli
yon how became recomoiended to 1^1 r. Layer
by one major Baroewell, on this occasion* Ho
tells you Mr. Layer's goods were in executioDp
and be was employed by major Bar ne well to
rescue them ; accordingly he went and fetched
a couple of soldiers, got into the bouSe« droto
out the othcers, and rescued (he goods. By
this it appears, (hat Mr. Plunkett was a bold
daring man, tit to be employed on sucb an oc*
casioQ, and they assign that aa n reason
which answers tbe objection made. Saitb Air.
Layer, how came it to pa»s, that when I bad
never seen tbis man, that 1 of a sudden should
have such a contidence as to trust him in an af*
fair of this nature? Jn answer to that, it is sai<f|
he liad done bim a singular service before, be
bad done ft bold act, bad got some grenadiers
and rescued his goods when tbey were taken
in execution; and likewise James Plunkett had
given a character of him, that he lookexl upon
him as an honest man, and therefore recom-
mended bim to Mr. Layer.
Then he tells you, that Mr. Layer said they
wanted a man to serve on this occasion; that
•Tames PI uukett talked of ofticers, but we don't
waul officers ao much as we do brave serjcanta,
old soldiers, such aa will be r»'ivdy and qualifieil
!«upport tbe mob, »nd to dinripline and head
Micm I ibftseare the men we want, can you get
I §mU m thotf Stlcb aa yoy arv, that will bft
f95]
9 GEORGE I.
ablato discipliaethe mob and pot them io order.
1 told bim (says the witness Plunkett) I wooM
do my endeavourt, aud accordingly 1 adf ised
him that I had procured twenty -five read^
for the serrice ; he desired to hare lists of their
Mmes, and the places of their abode, that so he
nifjrht know where to send to them on occasioD.
' Now the objection to this evidence being only,
how comes it to pass that a man should be
trusted with such a secret, snd this on the first
•iflfht or acquaintance P Why, saith he, I had
b^n employed before, and had shewn myself
faithful on other occasions, and did serve him in
rescuing his goods, when they were seised upon
in execution, and James Plunkett recommended
me. This is the eridence of Alatthew Plunkett ;
and if Plunkett swears true, if he was desired
by Mr. Layer to procure and list men for the
service of the Pretender, and he says and de-
clares he did do it, then, if this evidence is to
be credited, the prisoner at the bar is guilty of
the treason wherewith he stands cbar^: But
■till they rely upon it, and hope you will not
E've credit to tiie witnesses. You hear what
ith been answered by the counsel for the king,
and I observe to you now, that though here
was such a charge against the witoeases, the
kind's counsel have |miduoed several persons
that had good aspects, and seemed to oe men
of reputation, wlio say, they know them, and
believe them to be men of reputation.
Then, gentlemen, the next thing insisted on
is, that the evidence given by Lynch and Plun-
kett is supported by the papers that were seized
in Mrs. Mason's custody. Consider how that
matter stands ; Mrs. Mason tells you, that Mr.
Layer bi-ought two imckets of papers sealed up
to ner, and told her they were love-letters ; she
says, slie was desired to keep them by the pri-
soner ; and accordingly she did keep them for
him ; and you have it afterwards from the wit-
nesses, who have been produced, and against
whose credit there is no exception, that having
a warrant against Mra. Cook and Mrs. Mason,
tliey came to Mrs. Cook's house to search for
papers, and in Mrs. Ma<K>u's room there was a
trunk which was locked ; they entered it to be
opened, which Mrs. Bf awm did, and they^koot
of the trunk two bundles of papers sealed up
as you have heard ; they tell yon the bundles of
papers were Ojtencil, that they set their marks
upon each paiier ; and one of them did not im-
mediately set his mark; but afterwards it is
proved that be kept ihem from the time they
were delivered to him till the other came back
again, and then upon his return he delivered
them back again to him ; tlien he set his luark
upon them, both set their marks upon them,
and therefore they can swear that they are
the same papers that were token out of Mrs.
Mason's trunk : Then, if Mrs. Mason swears
true, they are the papers of Mr. Layer, which
were delivered to her liy hiui ; and so tracing it
from iiaiid to hand, thi-se are the same pe|ien
thai were found in Mrs.
Mrs. Mason swears the
her flurk apon then.
1 ^
Trial of Chridoflier Layer f
Bot, saith Mr. Layer, than is as i
^ven to Mrs. Mason, she is sn ili^
infamous woman, thcirefora her r-^
to he regarded.
Gentfemen, consider how tlus I
in one of these packets of papsra w«n immk
the Pretender's receipts, which Mr. Lrairbs*
fore the council said, he had desired r~ —
Ellis to procure for him Irsm the
and which he had aoeordingly
that he had received them ; aiui
that he had received them ; and tbsss rsMfii
being in the packet found upon Mrs. MmMi
how came they there, if they had not ban 4»
livered to ber by Mr. Lsyer? Tiieiiifanithsu
Ma.ion's oiiatody,
s; nndsksalnis(
receipts bemg in this packet, plainly
strate that tlMse papers are Cfas papers sf lir«
Layer, and were by him delivcrsd ts Itai
Mason : And if they were bis pspsiSp than
papers, and what is contained in theili, will hi
a strong evidence against Mr. Laysr. Nf^
withstonding all this, wky% Mr. Laysr, than
were never my papers ; it is foigery sr
Whether or no you will believe these |
be Mr. Layer's, when it appears those ,^
were found amongst them ; iiesidss thst, hws ■
s paper soiongst uiem, that the witness Ihift k
produced by Mr. Layer, one that was Ua cM^
swears thatlt is his own hand- writing ; liow SHH
that there, if this be not the bundle snd paehit
of Mr. Layer ? And on this they Uin Ikp .:
strength of their case.
If this be so, consider, first here it s Seheast '
whose hand- writing it is, hers^ hsth ban'
variety of evidence as to that. It ia inaislsd SB ^
by the king's oouosd thsttbe ISehsais istf ^
lAr. Layer's hand-writing; and if so, tbiaisa
stronger evidence against Mr. Layer* than IT"
the papers had been only found in hit entlodr.
How stands that P Here ia one that was WR^
Lajrer's master formerly, who aaith, he vciil]^
believes this to be the hand -writing of Mr«
Layer; if tliat he so, then all ia well, snd ift
ought to be read, not only as a paper that «n^
, in Ilia poasessios, but aa a paper tnat was i
j by him : But they diKpute, snd say, it is not
, hand- writing; they ahk this witness how I
I it is since the prisoner lived with bim as
' derk ; about tburteen or fifteen years
aaya the witness: A man's hand, aay
may be changed in that time : but
the witness, I verily believe it to be his
: writing, for I have within these fi«e yeais w^
, ceiyed several letters frovi him about bnahaMBM
j there being a correspmidenee between biB»_^^
, me, I being his agent in town, and these U>*%^
are of the aame character he used Ibnrttf**^ ^
fifteen years ago, theretbre 1 beliefeitto is^^ ^
' hand -writing.
> But, say the counsel for the kiisgliC'v
won't only prove this hy these gentUmg** J j
the prisoner himself liatli cootieat it ^^^
hiiw Btands tliatP He contini, when fc^^*^
asked at the council-taMs, whst he \s:^^am^
arms that were inovidetl P He said, he ftK.^^^
To which when it wss asijl, h»^
tsmeutinnitinXhiBflshanMaf :
fof High Tnasm*
\ Im, it ia m uufttftke, I Jliould Ua%e
iOMih, t«Jir lUifi tcifelber, oonsitler \»ttb
«i« vf UiU Uie i I np<^fi (li* il U. He i^a it 1 j ,
r b a^kftd Alioiit tb«te amtf, f tbouid
itt* «ibtob fthoutil be proviiied,' W briber
|b tittl ttncatii to a c4itile88io{i nf tbb
I be i«4l %tf your eiiuside ration, «i «
•fidkiice of wb»i the otber wit-
Bul^ sAJib Mr. Layer, let me
In firore tJiat it m not my btnd-
Mb a gtntlem&o, and be says it
tiritkig' ; be calls bis clerk, 41 nd
it ia not bin maftler's baud.
ilufasea: Tben tbere is an ad-
t oil tlxe olber side, and tbat is,
oil. Wbetbcr it amouiiU to a
be U'fl to your cousideraliou ;
Hcbenie be not of biii own iiand-
» it iraa aScbtine wbicb be bad in his
i aJooe bad been a coni^iderable
him. How cauie be by ibis
tliad be to do witb it ?
t bath been read to you, which
end nsctbodji to be |»ri}€e4;ded
I pbee, tb*? Tower i« to be seiz-
i to oitfuut the guard ibut wouUI
t, and at nine oVlock at olght
fmdMm the Towi^r : then they are to
k^aiid 8ft a g^uurd ibi'rr^ after
t IaImo oul tftoney froui I hence : after
ttUii ^OM of ji^f eial oibef i^tiardtt tbat
1 in other (>laci>Sr and then a o^rty i«
» aeize tlir kiag ; iJien be Uflls you,
m to be seaf over tbe water to
hoena tlie {prince ; be calls
e,lMil it f§ jdaiii be lu meant*
thi«own bund i« lit iokf, it is a
I tbat be wnjf ill ibts tMmii|iiraev ;
a ^bt ittc of ibitf uature in bit
I will be ao r«ideuee ugaioal him,
I ttol write it.
iiMsr eirery body i« aol lilifficd
\ were bii, whicsi in ihcaehua*
fcceifii ^i^mud by tbe Prolan4air
i^fn r I bat wa«i of his ekrit'a
ill i*mud; itmiafreKt
jM-e of Hru Maaoii,
I ilia btAtii)U^ tu be bis papers.
• maUer^ frf rtidtfute, and initit be
vtmitie tiie Ireojon-
^ Um liitii, Ike.
laoey would be
F. Layar, I told dx Witlniu
I llut lliiffeare ritceiiila sigoad
" Mich tbe iiniOBer aaid
»'y on ilial oocaaion.
wiUi me. pailb Mr.
• iidii me uH'<'i|»iM, and
- rofouud Hi iUiit bundle
y vBiye tbvjr iban;, if tiiey
rn; tlie dealgB Utt|^
V are la angiftt ^
fMdngt^ yoii «<t iii^ ttferai
{»spert srt) found in tbe;^ bumi1e« that contain
an account of tbe number of men tbiit were ia
such a troop of ^uardii, the 0 umber in such a
troop of fiirenydivrs, and tells you what tha
numbers were ; what was the me^nln^ of all
this ? How came this gtntieman to be so soJi*
» tbe number of guardi
gel a true si«t<; of thia
luiow who were I be per*
•^^ ly I0 be corrupted, and
iuies be mig^bt meet Willi
ciious in exiiii.
and oiBcers, '
matter, thai
sons thftt wi I
what a outntkri .^
on litis occaaioD 1'
These are Fery strong circuioilatices agaiml
Mr. Layer, uoless Mr. Layer can ij^ive any ao
count why be kept these piipers su carefully.
To ^o a little b«Ack, as tt* tbe business of illr.
Lyndi ; it apf)ears ht; did n<H kuuw Mr. Lynch
before ibis affair was set on foot ; he rode out
with hi()>, fifties to tbe Gre€n Man with bim^
IJiere they talked over ibis affair^ there he pub*
liirbes that tmi(orou& decUtatioOf Shd afteniarda
IiresL'nted Lynch to toy lord North and Grey,
inw came they no iatimately ac<|uainted un-
leaa on tliis occsi^^ion f
Then, (gentlemen, I bey go €0 and tell you,
when this ^enlteiuaa was coromitted info the
cuslodv of a niesseuger he tti^tia his escspe,
and tills we look uf«oa as an eiideuce of guUt,
iuti a conclusive eeideoce ; a o»au may 4;»cape
though he Is iBaaceut^ yet it is an evidence
that is msterial to lie \t(i to the jury, and is pro*
per for their cocmi deration ; he is putkued and
n-taken ; when he i!^ retaken he is under great
ci»nftemali^io ; he begs for the Lord's sake
they would lei him go« aad ^aid it was an ar-
rest ; he took out of bis pocket a i^reat number
of guiueasi aud said, they »hotibl ha%e what
number they plpa«ed, if Ihcy wotilit k*t hhii |<^ i
this ia a matefial cireuaiatauce, hihI doth shew
that this urentlefnitt waa more than ordinary
concerned in tliisaffsir.
Vou will liy these llt'iogs to^rether, and coo-
■ider bow lar ihe^^ satisfy you» that this geo>
tletnaii is guilty oithe treason.
Than they ffite you ua account t><>^v h^ did
csvfefls belbre the lord n of thi* < ry
lynvf thai lialli lieen sworn by iIm ls:
that he weiit to the Green Mim ui your coun*
ty, and there cunsultt'il ami u^ret d 10 Ciirrv on
tnis affair ; that he did Uike out and resd the
declaration j ihi^ i?^ a uirong ev id nice, eni^e-
clully ifcoiiipartd wi:h what he confesbpj, ihsi
be tiad two rimferenres with lb** Freirnder at
Home, was kiiidty it crimed by huMi aud bad
particular aruirks of liis tiiraur : be is desired Lo
stand ^od lalher, and bis wile to stand i(od>
roollier to bis cliibl ; and at'cordin^ly they
i
4
stood ; he di^Mjresi iuy
•land isiimay furthf
obesiiifOriliimdi<'> r
spouat } aiMl ttiev
in|f cuf fuH t4iiM.
tb
to
'III*
.. i..^ , ^r'f
vine at the cbrisleft-
the en I c 11 1 II iftt A 11 cea
I be
: - - 1 lis
said on the be bull iil kkr (irt»uii«r.LbsL^Mf »ta(»ls
at the bar U|»ori his hte nud deaih| which will
depeud upAO y#ur t erdio.
S90J
9 GEORGE I.
1 think you oup^hl to cmsiidir of that, and
that 1 lio[>e will iniluc« you to coosiiJer »uii
^I'djfb wirll the t:vi<ketice, and not to tied the
prkutier Guiltv« itotess you are satisfied he is so.
It i^ true, (icre i» the life of a tuan iti the
Cftse; but tt un vou must consider hkewise the
misery auil litfsnlutionithe btooii and cotitiitiian)
that uiutit have happened it' this hail taken ef-
fect, and put one utr^iiist the other ; and [ be-
lieve thai consideriitiun, m hich is on the behatf
of the kin(j, will be much the strong^est.
These tilings are proper to be considered, in
©rder to prepare you lo be careful iu ejiamiuiu^
and weighing the evidence well ; hut in ^ivirii;
your verdict I hope you will lay ibeoa all aside ;
you will coasider the weight or the evidence on
either side, and the credit of the two wllnessf !i,
and how fiLr'ihey tre supported by a writins^
uuder his own hand, a contessioo at the couo*
eil'tiible; consider hotv tkr that will support
their evidence, though not men of the dearest
reputation.
A cypher balh been taken Dotice of, by
H'hich were explained several nainea that suen
and such persons and thiugfs ^vere to he called
by ; there was the uaoie of Atkins, ubicb wut
to signify the Pretender ; there was another
natue for the Pret4.>tider, aud that was8L John ;
and oonformable to these names they have
read several letters, by which it appears th;tt a
treasonable corres(fondeuce was cuirrieil on hy
]llr« Layer. This is the circumstance of the
evidence that hath been laid before you. Cou-
mder this evidence, and the objections ih at havf:
been made to it^ and how far those objections
have been answered.
Discharge tiie part of boneat men^ consider
mnd weigh well the evidence.
Upon the whole matter , if you do heUeve
hat there was an overt act of treason in the
county of Essex, and that it was proved by Mr.
Lynch, and confiruied by tlie confession of Mr.
Layer ; and if there be any overt act in ano-
ther county, as his listing or employing^ any to
list or engage men in the service of the l^re-
t«nd*rr» then you nill 6ad the prisoner Guilty.*
If you are not satis5ed these things are true,
h«n youll acquit him.
The Jury withdrew for about half an hour,
► consider of their verdict, and when they rc-
Eturncd into court, were called over by the
'^lerk of the Crown, and answered to their
riMmes.
CL of the Cr, Gentlemen of the jury, are
nu agreed on your verdict ? — Jury. Yes.
CL of the Cr. Who shall say for you ?
Jury. Our foreman.
CL of the Cr, Christopher Layer^ hold up
roiir hand, (Which he did.) You of the jury
ok upon the prisoner. How say you ? Is
kChristopher Layer Guilty of high treason
l%vhereof he stands indicted, or Not Guilty ?
Jury. Guilty*
CL cf the Cr, What goods and chattels,
* See the note io p. 292,
yial of ChriUtfher Lfif/tff ([3
lands and tenements had he at the time of tH
said high treason eommittcd, or at any
since, to your knowledge ? — Jury, None.
CL of the Cr, Hearken to your verdtcl,as
iiie Court bus recorde<l it. Vou nmy tbatChrts*
topher Layer is Guilty of the bigb
VI hereof he stands indicted; and yoit
had m* iir^ods nor chattels^ lands nor 1
at the time of the said high treason oi>n
or at «ftny time since, to your knowte
so you say all.
Mt. Grn. We pray a rule may be made la
brintr up (he prisoner to receive senteuc
J ust. Eyre, He must have lour daya I
in arrest uf judgfrncnt. Lift there be a
bring him again ujion Thursday next.
Then the Prisoner was remanded back lo t
Tower.
November 27, 1722.
Christopher I^ayer, esq. was brought lo I
bar olthe Court of Iking's-bencl]^ in order 4
receive sentence, ^
Att, Gen, My lord, the prisoner at ibel
stands convicted of high tiea)§on ; 1 prai
lordship's judgment against him for the I
CL of the Cr. Christopher Layer, boldl
ihy hand. (Which he did.) Thou hasi I
iniUcted for high treason, fur compassing
imagining the death of the kiog^ and thereti|i
been arraigned ; and tltercumo hast pie
Not Guilty, and for ihy trial put thyself up
God and thy country, which country halb f
ihee Guilty ; what can'st thou now say
thyself H hy the Court should not give jik
ment uf death a|^ainst ihee according to law I
Mr. Hungcrford. Is it your lordship'a | '
sure to give any directjims touching the i
of the pruioner^s being iu irons? 1 hope ya
lordjihip will order them to be taken oiF, at )e
during his attendance here.
L.*C* J, I don*t know, there is none of I
cases that have been, wliich go further ibi
during the time of his trial ; his trial is over^j
he hath any thing to offer to the Court,
thinks he may not be able to do it so well ir
he is under these irons, 1 would recommend
to Mr. Attorney, not to make a precedtsot of |
that bt^ irons may be taken off.
PriMoner, Ye-s, my lord, I have a great d«
to say, which 1 shall offer in arrest of ju '
ment.
ftlr. Hungerford, He bath complained j
he hath lieeii here, that he is in great (laiiiy i
the position be aiands with his irons.
X. C> J. C/Ome, brother Pengelly, have l
any thiug to object against his irona
taken off, or do you consent lo it P
Serj, Pengelly, My lord, we dooU oppose I
Then the irons were taktn off.
Serj. Pengelly, My lord, the prisoner (
the bar, Mr. Laypr, after a long and a fair in"
hflth been found guilty of high treason ;
on bfhalf of the king, we pray the judgn
of I he Court against the prisoner.
Mr. Hungerfbrd* By your lordahip^s odnl*
fir High Treason*
imce^ 1 am counsel for the prisoner at the
bir ; J lia?e, and 1 hope Khali cuuiinue to do
Aral what aert ic« I can : the prisoner^^ h^e ih
itifidCie^ and 1 hope 1 shall not he supposed lo
W Inaolileiome^ if I desire a record to be read,
wliieb hatli not beeD yet read tn court ; it is
teVftiire, aod that beinfi^ part of the record,
J are pruper tn hare it read.*
FtngtUif, We appreheod it is such a
•a baa i>ever been made : if they have
tons to any part of the proceedings,
itioas to take, they are at hberty to
and to state their objections, that
'ArGbsrV if necessary, may refer lo the re-
Mf^ Id see whether they are just or no ; but
la caoie axid desire the process to be laid before
ibi Court for the intbrmatioo of the prisoner
md bk iroonael, it never hath been done: they
tit fittitl«(l now to ofi'er aoy thingi if they can,
to arrrst of judgment.
Ait. Gen. Jf what they desire should be
mtWA^ it would be a precedent which mt$;ht
It aC very ill consec^uence, and I apprehend
" I bey desire, is directly contrary to law ;
are no authorities that the prisoner should
iMive copies of the process, or that the
ft^outd be read to nim^ only to enable
to ftad a liiult. I behe>e no ia stance can
Wftrcfi wlijiiiioever, that it was e?er allowed
im a ca^e of this n^iture ; if it be done now, nt
be a precedent for the future. The act of
went as far tn wns thought proper,
Ci|ps«cf tlieindicttDent and copies of the names
w lilt jury are directed to he delivered to the
; hm as to any of the process, the act
DO «tirection, and therefore as what they
It neithrr founded on law, nor precedent,
«# ll«pe ft nhall not be granted.
SpL Gen. My lord, Mr. Ilungerford has
Wan flYoaed, in the course of this case, fre*
Mefitly to put us in nitnd, as he does now,
Mt wTiat he has insisted on was iit favour of
1th. Tbat is a movinfr arjgfunient ; but it proves
Botbiog, save that the prisoner ou^ht to have
ilf Itie indulgence which the law and (he set-
ihi fomiH of proceeilin;; do allow ; hut I ap*
il ia ft reason for no more. What is
I of more constqtience than appears in
ular caae ; and whatsoever your lord-
A^tloUi now, will be made a precedent for the
^ brd, before the act of partiament, which
' tbe prisoner co have a copy nf his in-
and of the pannel of the jury, it
certain, he wfui not entitled to bare
iBi copies. Before that law was made, he
M informed of nothinj< hut by having: *^« >"-
lktnK*nt read to him in court upon his arraign-
lieai, and that not barely to give him an op-
forlunity of tttkin^ exceptions to it, hut fr'im
tbc iicic«a»i(y of the thiiij?, Iiecause it wa** the
itoiTfi tn which he was in answer. Then
tnmm the act of pnrliainenl, the 7th year of
liqi^ WiUiam* and allows the prisoner a copy
af bia iodictiueut, and of the paniiel of hi^^jury.
A. a im.
[30f
r £a9l'aFL of tbe Croiruj c. «, § 50.
But the legislature, when they had these mat-
ters under their consideration, and >eem to hafe
intended to g^ve at least all the indulgence,
consistent with reason » lo prisoners in cases of
hi^h- treason, even at that time they went no
further, and did not think fit to direct that ti>
be done^ which is now desired on the behalf nf
this gentleman. Therefore this molion of Mr,
Hung^erford^s must be understood to he made
at comniOD law ; but I must beg leave to rely
upon it, until some precedent is produced on
the other side, that there is no instance what-
soever, either before or since the act o( parlia-
ment, wherein any record of tbe proceedinga
hath been read to the prisoner besides the in-
dictment. This is a consjideraiion merely of
practice and regularity ; and in a poiut ot thai
kind, where there is no prece<ieot^ 1 hope yoiir
Jord^hlp will not make one.
Serj. Cheshire, My lord, the carria^ and
behaviour of the kioj>*^ coimsel towards the pri-
soner hath been so fair and candid, that it de«
serves thanks from him, rather than complaint ;
and 1 believe this temper will hold on to the
lafit: but, my lord, v^e have no authority to
give up the right of the crown, or to fix that
on the crown, to grant which the prisoner hatti
no right to demand.
My lord, it roust be admitted, that this is a
demand made at common taw ; and if it be a
demand of right, I don't know but it may go
to every thing in an equal degree ; that he hath
the same right to demand a sight of the Com*
mission. Certiorari, lScc. f don't know but ha
hath the same right to enquire into every step
that is upon record in this case. The officera
concerned, I dure sav, have doue their duty*
There is nothing ot law, but what cornea la
upon the statute of king William j that he hath
had the heneht of to the full extent of it ; he
hath had a copy of the pannel of the jury j he
halli had a copy of the mdictment, and in such
time as was proper for him to make due use of
il; and this they ask now, we^appreheml, if
only to lengthen out lime, and to introduce that
which may be greatly inconvenient. We have
very titlle reason of apprehending that it can
be of any protil to him ; but for example sake,
and asi he hath no right to it, we cannot come
into a consent to it. Therefore we sub mil it
to your lardi»hip^s consideration, from the in*
convenience that may ensue from the prece-
dent, whethiT the prisoner hath any right la
make this demand ?
Mr. Hunger ford. I acknowledge that be-
fore the 7 th ofkiog William, the prisoner wa»
not entitled to have a copy of his indictment,
and therefore I so far concur with the gentle-
men of the other side, that we are not tnlitkii
to a copy of the rcconl of the Venire Facias.
But what I humbly pray now, is, what 1 ap-
prehend we were entitled to Jiefore the act of
parUament for regulating trials ui cases of high
treasotj. The in*(tances are several, where iti
the ciMirseof a iriat for hijfh-ireason before lliat
act, which gave the prisoner several new ud-
raiitages, the prlsi^tier bavVi <k^4t^ V\vk 'vcv^v&v
903] ^ 9 GEORGE I.
iDcnt to be md, and the Coort Deror denied
h; to have any other part of the record to
be read, Mems to be as reasonable at the
indictmeift. The objection had been 8tron(per,
if we had desired for the prieimer at the bar
the copy of the Venire ; tlieie we thould ha?e
been jiMly toM, ibat we h%il been entitled
to uothinK^' but what the act of parliament bad
directeil, f iz. the onpy of the inoictment. We
pmyacupy of nothing', but only pmy that a
am<ill |Min of the record that makes up the
wlidle reciird of this ireutleman's conviction,
miiy be read. And this, with subnisoiun, wt
hope we are entitled to have for the same
reaiMin as the indictment was read before the
act. (?oionel Siilney desired th^t his indict-
ment should be reailj and it was so. And can
any reason be assigned, why the Venire, which
is but a part of the record, should not be read
as well as the indictment? No one part of the
record of conviction is more sacred than the
other ; and why therefore should not one part
be read as well as the other ?
Serj. Fengelly. Can yon shew any case
where the indictment was read upon the prayer
of the prisoner, after conviction, and before
aome exception taken V
JL. C. J. We would be far from refusing any
indulgence to the prisoner that by law we are
warranted to grant him ; what you ask now,
you must own is without any precedent what-
soever. You know, that berore the act of par-
liament, yon were not entitled to, nor could
demand a copy of the indictment : It ■ very
true what yon say before the art of parIia->
ment ; when it bath been desired by the pri-
soner the indictment hath been read, and that
method of proceedinsjf having been allowed,
gave him a right to demand it; but yon can-
not produce any one instance that ever he de-
manded this that now you offer ; that ever he
demanded the Venire should be produced and
lead to him.
Consider how strict the law was in cases of
bieh-treaoon; tee the Act of Kights: The
course of the Court is the law ; this whidi yon
now desire was never so much as asked for,
nor did this Court ever grant it ; and if so, bow
can the Court be warranted to grant that which
was never granted, nor was ever desired to be
granted ? The reason of it is, that every body
was satisfied by law it could not be granted.
You have instanced in cases of great per-
sons, colonel Sidney, lord llussel, and otners
tfast have been attainted of high -treason, who
could not want atlvice to desire any thing that
was proper, or that they had a rigiii to demand.
Neither they nor any of the greatest quality
that have had tlie misfortune of bein^ tried for
an offence of this nature, ever demanded it;
which is an admisMon that they \rere not en-
titled to it; and if tlie oiurseof the Court be
so, we roust not estabUsb a new course ; we
oan't see what the consequences may be.
Just. Eyre. The case of rea«liug the indict-
ment to a prisoner ia certainly very dafferent,
•Bd GtD ba M aullMri^ to nfiMit uw rpadiaf
Trial afChriskpher Layer^
[301
of the Venire ; for the indictment is tho charge
to which the prisoner is obliged to plead, and
he must know bischaige before he can giw
it an answer : Deeides, the merit and joatiee of
the case depend entirely upon the indMlmeBl«
which must be read, in order to andentand Ito
true state of the question, and to see the Act W
which the witnesses are to be examined, h ia
therefore absolutely necesaaryy that tbc indin-
ment should be resd ; but none of thean ffia>*
sons will serve for resding the Venire, wMcb ia
only to summon the jury, and bring tbeastatiM
bar : and therefore as it was never done, no#
ever asked before, I can by nfv me
fit for us to albw it now.
Just. Powyt, 1 think it is a perfect
wliat you demand, snd not only so, bvl in iiv
consequences very dangerous : For, properly
speaking, the common iuage to move in armt
of judgment hath been out of the indictment}
but to run back to those things, which if yon
had a right to demand, it had been proper M
have done it befor^; and since yon have aiinf
times known tliat nothing but the indicHMI
hath been read, since the jndffes were nWit
moved, nor any thing of this kind dCML an!
nothing in the worlil hath been demaiMM Iftt
it: if It should be granted at this time,
men are to receive judgment, and exee
are to be takfn to the indictment, if they i
run back to all the proceedings, it wonid bn ft
thing of strange consequence. But bcniit
that, it is a ihmg yon have no csamule fbr^H
hath been never done ; and it hath been MM
served, that nothing hut the copy of the n
ment hstb been read before this act of pvHaf'
ment of king William. Now there are tw#
thui^ given by this act of pariiameot of king
William ; tbe prisoner is to have the copy di -
his indictment five days ; tbe copy of the panJ
nel of the jury two ibys before bis trial ; anff
these were proposed as advantages wliioli Ihft
common law did not admit : Shall we come Id
unravel all the matters preceding ? It wonii
be a matter of strange consequence, and wbtf
we can't do or warrant by law : If yon haft
any thing to move out of tbe indictment, wn
are ready to bear it.
Just. ¥artcscu€ Aland, This is perfced^ ,
new, or else in favour of life 1 sbonM be ready
to grant it : The true reason of having the in*' '-^
dictment read is, that the prisoner may know
what his charge is, in onler to make his DKa* *
fence at his trial ; but that reason holds net ia -'
this case, which is after convictk>n ; and what ^^
is asked now is not relatiTe to bis charge, ^ .^
concerns the acts of the Court only. Tbt 7!
Court will assist in matters of law, when thOT '^
appear, but will never assist the prisoner wA
facts, in order to make nointa of law; ani
thereifore it has been denied the prisoner to tahi '
minutes even of the indictment ; and for tki
same reason counsel has ever been denied, ift
all capital cases, before ilie late act of paiw
ment, unless a disputable point of law did mm
and appear.
• Ynu nnro thb mntler as a mtlim f(K^i
Ifrisontr
Jor High Treason.
r; mtid as siicti It will extend to &H
I of mart]t;r, and other ca|iitsl coses,
I ttftjf be <*f ^ery txl\ consequt^ncc*. It
I httmry •trance to have all ibe proceed-
■ iotnctmeiits read to the prisuner ; and
I m m* nmch reason to caU for all as for
iVrfiirt: Facius: I take it clearly there never
m m ciase^i n^berfi the acts and jirocecflinga of
B Oo«irt hate beeo called for in be read to the
t« aQtl for no other purpo^se but to make
It 19 a thing U)nt is entirdy uew^
[{urQcey ttmy be i«ry fatal, and there-
■r I Ihmk it an unreasooable molioD^ aad
Mfk D«t to be granted.
JJ/ ford, I assure your lordship I
iy ii< uf of an affectation of novelty,
m/Ukft hU'aW i persist iu urging il forlher, since
the Court hath given their opiniou ; but I
tfiBii^til (he reason of the thing, iu reading the
Mcaoetit before the act of parliament, was
«ci ifit' ; l>ut since it iii your lordship's opinion
iliiU i* otherwise, 1 desire your lordship to
^ leave to go on*
€r, 1 lie^f leave to say hut a short word
V' ** ' 'taction that hath been made
I If I takeihelhing:rif^hl,
pQimt lliv^ i ^.... c may be read, to see if it is
pni{crlY issued « and 1 hope ihus fsr it ^hnll be
gvioleo, to shew a reason i^ by this Venire is
ftlsrpeil otk one dAy, auil the jnry appear on
iftotber; and it duth np]iear that there m an
WTTor ID the proceedings on the foot of the Ve-
I hiititMv hope I shall ha^^e the beuefit of
iron, 1 take it, intist be ihis ; the
It, 19 returnable the I'Jth of the
of >o¥Lmbcr, 1 wan not tried till the
therefore, what I humbly ofler is, whe-
tficr vr no I »fter the return of the writ, this is a
] ooof euiojcr of the jury together to try me
I IT- * ■■ ^ '^ there was no such writ in bein^",
when the proceedings against
'»r'*|^ where the returns in the
IS in the Common Pleas;
J f.iy counsel to say the rest,
hope, that I shall have leave to
he Venire, and if it come out so, I
I h in erroaeotis, and that judgmeDt shall be
4ed.
Ir* Hungfrford, The geotleroaD hath given
ce to some of roy thoufjhts ; ami not by
aringf of notes, for ! have not seen his
, DL»r lirard frora him since 1 saw him here
mt. s trial.
1u. occurs to me on this occasion,
lal 1 CUT) but ^uess at some part of the fact, is,
JIbkrii, that the Venire bear* teste the last
[ 4^ of October, aad is returned the 19th of
KMiinbcr^ they are slated return days of the
W ( aed, my lord, if a man appears in a cbort
sf/iisttce im<i day, and he is not by the coarse
of prttcced«ng iiuUil're<l wttti a further day of
app^Kn^j there Is a discontinuance of the pro-
ften, ftod the man is out of court. The dtille^
mitikys the law takes notice of for this pur-
— '**?soig'n day, the day of exceptions,
arapce, the ' quarto die pmt ;'
A. D. IY22, [308
I take the ' quarto die post' to be an itsdutirence
which a conn of justice >five« tn a suitor to ap*
pear at a further day, w hen he oug;ht to have
appeared at a former day ; and this is the priu>
tice in real actions in the Court uf Comiuoa
Pleas. As to I he exieption day, the uie ^
that is, that a man that is summoned may ob*
ject to the summons, as not being a tit and re>
gular sumrnoos to draw htm in contempt.
But, my lord, in cases of juries, who are not
suitors in court, 1 take the law and the practice
to be, that they are ohlig-ed to attend upon thd
process of the Court ; 1 take it, they must do
duty on the return of the Venire, %vhich iu this
ease, is on Mondav the 19th of Noveoiht+r, aud
did not ap^iear till Weduesdo)' the *2l!it ; so
that if they were to appear on Monday the
19th of November, and did not apjiear then^
there must appear some act of the Court, by
which they are iodult^ed to a further day : and
I put it upon Mr. Harcourt to shew, whether
there is any indulgence of the Court entered
upon record for the continuing of the jury tilt
Wednesday following, and if there is uoi, ihere
is then a discontinuance of their being in this
court, and consequently the proceedings are
irreiTuIar, and the trial a niis-trial: I shall
quote rmme authorities vvliich ju^tify this oh-
servation ; when a man by a process of court
appears on the day of the return of that pro-
cess, unless there be a cfintinunnce of that pro*
cess, that * ulterior dies datus est' to the party,
or a subsequent process issues that day, the
law deems that chasm in the proceedings to be
a diKConti nuance, and that the parly is out of
court. It was so resolved in Yelvcrton, 204;
and ^d Coke, 284* It is the case of Bradley
and Banks ; aud f eported in both hooks, btil
most fully in Yelvertou. There IH an autho*
rity which weighs witfi me sororthing more,
nod seems to be a case in point ; ft is the case
of Pejdow and llowley, t\\ of Croke, 36T, and
there the case is on a Writ of Error brought
upon proceedings in the court of Shrews-
bury, where the usage was, to hold plea m
some real actions, and there was an entry that
the parties did not appear on a precctlitig day,
but made default: And the entry was* habuit
' diem per default*' given to the party by tho
C*ourt, * secundum consuetudinera villro proj-
• dicta?,' This came before this court by n
Writ of Error, and it was adj«d<re<l^ that lioth
the entry and the custom were naught. The
reason assigned why the entry was so, is, lor that
the party having made default was out of court,
and the Court could upon that process give htm
no new day to appear. And the reason why
the cuitom itself is uaut:^ht, is, for XhH therQ
can be no custom to help that (which the hook
calls) a discontinuance at common hw ; ior if
the man be out of court, he can't he brought in
til ere again by the same writ.
My lord, if that be the case then, that th«
jury were to appear on the 19ih, and there is
no entry to couiiuue them till Wednesday the
31*t, then by the authority of lUci^ lia&e^ vW^
had no call mx rigUv to a^yt^ , W\ vttst. ^^V %t
307] 9 GEORGE L
court, the trial was no legal trial, and conse-
quently no trial at all.
I am told, that the practice of all trials at
bar is, that the Jury do appear here on the re-
turn of the Venire, and immediately proceed to
do business ; whv should it not lie so too in a
criminal case, as this is P I think the reason
in both cases is the same: 1 humbly hope
therefore, my lord, that if the fact be as I ha?e
represented, that there is no entry to continue
ofer the attendance of the jury from Monday
to Wednesday, there is a blemish in this pro-
ceeding; and you can't proceed to judgment
•gainst the prisoner at the bar.
Air. KeUlbey. If your lordship will favour
mc
£. C. /. You shall be fully beard ; but be-
cause BIr. llungerford hath appealed to Mr.
Harcoort, I shall ask Mr. Ilurcourt this ques-
tion about the matter of the Venire.
Mr. Harcourt. 1 shall be very tender in this
matter, where the life of the prisoner is at
stake, as BIr. HunQrerford has observed, and
will not say any tliioj? but what I am sure is
the course of the Court. If a Venire be re-
turnable the first general return of the term,
the appearance-day uf tlie jury is the * quarto
* die post,' which is the first day of the term.
If the Court be not pleased to try the prisoner
then, they may adjourn the jury over to any
day before the ne^t return in the term ; but no
entry is ever made on record of such adjourn-
ment, and the proceedings arc always entered
on record to be at tiie return of the writ. In
all other returns in the term, there is the same
course observed : The jury is never obliged to
appear before the * quarto die post ;' nor can
the prisoner be tried sooner. What makes
this clear is, to consider the proceedings on
Distringas, where the prisoner is not tri^ on
the Venire : In sudi cases the Distringas is
never te&ted on the return-day, but the *• quarto
* die post;' which, if what is insisted on by the
prisoner's counsel is law, would make a discon-
tinuance, and that has always been held otiier-
wise ; fur till there has lieen a default of the
jury's appearing on the Venire, no Distringas
can issue, and no default can be objected to the
jury fur not appearing till the * quarto die post ;'
iior are they anierciable sooner for not appear-
ing. This matter was settled on great delibe-
ration by my lord chief justice Holt; and, I
%m confident, has been ever since so practised.
Mr. Ketelbcy, My lord, it was my misfor-
tune not to get into court sooner ; so that 1 did
not hear the first ajijiiication Mr. Hunfjferfurd
Oiade to vour lordship on behalf of the prisinier,
«ior shall I presume to break in upon what
your lordship has already determined ; hut
whether or not we are entitled to see tlie Vc-
oire, or hear that part of tlie record read, I
bope we shall be able to make out, that there
has lieen a mis-trial in this case. The Venire,
it is agreed on all hanils, was returnable octabb
Martini, wluch was Monday the 19th of No-
vember. That the prisoner was not tried till
tiie 81s^ is aott certain. The geoonl
Trial of ChrUtoflier Layer ^ [
was octabis Martini, and he wai not trie
two days after ; and notwithstanding what
Harcourt bath said, I must beg leave hoi
to insist, that there hatli been m nui-tritl^
judgment ought to be arrested ; end ftr di
have as strong an authority as env thaici
cited in this court, 'tis the trial of Rookm
and for the greater certainty, I have bra
the book along witli me, and have it is
band ; where it is agreed by the Court,
all the king's counsel, that the trial mu
on the day of the return of the Venire, oi
that it would be error : and my lord chief
tice Holt declared, the issue could not be
afler the day of the return : this matter (
before the Court upon an exception take
sir Bartholomew Shower.
Just. Ejfre, That was on a coromissia
Oyer and Terminer, which was quite diflfei
there is no < quarto die post' there, no di
appearance, but the day of the retuni el
wnt.
L, C. J. It must be so, because there i
such thing as a * quarto die post' in commii
of Oyer and Terminer.
Mr. KetcWty, I submit it to your lords
whether there is any * quarto die post'
Venire ?
L, C. J. It is always so.
Just. Eyre. You know we had the <
sideration of tliis when we appointed the tr
Mr. Kclelbey, I l>eg leave to offer one w
that, in case of a Venire, there is no *qo
die ]>ost,' because there is no essoign, 00
ception-day for the jury. The'authorit
first ItolPs Abridgment, 822, Placit. 4 an
is express, that in a Venire Facias, or a S
Facias,' there is no essoign: and where th(
no ciisoign, there can be no day of excep
because the exception' depends on the ets
day, and consequently the day of the re
and of the appearance must be the same,
case uf essoign, exception, return, and ap{
ance-days, concerns only original writs,
the plaintifis and defendants therein; the
the defendant appears the ■ quarto die p
his appearance sfiail be accepted as good,
no further process made against him.
whoever heard that a jury were essoigi
There are several oiher authorities for
Dalton, 415. 2d. Itistit. 125 6c ii3 H. 6,
that no essoign lies upon a Venire Facial •
the essoign was quashed.
JL. C, J. This you now oflfer will seta»i
the proceedings either on the plea side, «
crown side.
Mr. Kctelhey, There is a case repov
the Year- liuuk, Mich. 33 Henry 6, fol. :
and ahriilged in lirooke, title Nisi Priu^
It was disputed by the judges of tU^
and at first there was a difference o€*
among them ; but at last it was unsav^
resolved, that the Nisi Priut waanot ^^
1 will state the case at it >pny« ii^ ^
book and the abridsBMBt- V
of NiMFriaii
ithijiKiop
Jhr High Treason
the interral tjetwcen the 'f]tiarto die
nd tbe retiirn oi' the writ* This wns
I to, utid snid lo be a mis atrial ; ^nil af*
llie jodg^es a {freed in their ojnnion,
a mis tnatt bpcaus^ it was not ypoD
lay of the writ of Nisi Pnus; und
ibat day, tbe trial oug^ht tuA to
I at alL And I don^t a(iprelieiitl any
brtween that case and this, but only
ttti Nisi Frius, and this a trial in bank.
ti<» couti nuance lies on a Venire Fa-
i ir so, I sbalt subniit it, whether there
/day of appearance.
Jiit, kxfrt. Sure there b a day of appear-
Me#n lUe Venire Facias; the prncet^dintr^ in
llui 0a«e are like those upon an orij^inal. The
MBe day which i^ tbe day uf appearance for
'' ffiarty apon an original i^ the ilay of ap>
»n< . ' jury upon a Venire,
I believe it will he hard for
arco un to shew where there is an essat^
\ fenire Facias.
, J, We have heard already what Mr.
art hath said, 1 desire Mr*^ Simmonds
/orm you how it is on the civil side.
VSimmondi. Our proceijs w hrre the suit
Iftieoced hy l)i)l, is returned an a day cei-
Ita court ; that d^tb uot respect this case.
t, C. X How in it when it is by orifFioal?
Where it is by original, it is
)le as tbe process is id the
ou Pku^ ; and tbe day of the appearance
fjury, I lake to be tbe * quarto die post,'
9^Jiarcmtrt. 1 f ibis was I'l bf adiscimti-
ttce, wbal will become of all the records
rre ibe proceedings are at {general returns,
fbich ure trieil o» the Distringas, which
rs hears trste the * quarto ilie |>ost* alter
I rrium of the Venire f Every one of these
rtiicb are many e? ery teru), would be
ntioneil,
Z, X You can't but be sensible that
I is oolhint; in this eveeptioQ,
rj. Pengeilt/. There is no Ibundation for
I practice.
LCrJ. You need not labour it.
'f. The sheriff^ or the jury, are
ilioucrh tliey did not appear on
gt the return, if the jtiry do appear
he < quarto die post ;* that shews it
Gcfi. n this olijeclion prevails^ it Mill
luni all the srttlrd course of trials at bar*
n*imir. Unethiu|( I woulil hunnbly offer
uiT lordship, I have not bad my hooks by
^Ifllt only what occurs to my memory, [
a ba to exact as I ought lo be. This overt-
_j Easex of treason found by the jury to
llfo, 1 humbly apprehend, and 1 ofler it to
fttv lordship's J udg:nnent, in law is no overt-
4ct jitalL \ II tbe reason, I shall humbly offer to
|our tordiibip, that tbougfb it hath been said,
tkat there \»a5 a consulting: and a^eeing in
r to levy war, yet it doth not appear that
Ilie levietl wus such a war as m the law
t to be treason, My lord, this diflers
^tevyiii^ war itself. An intention and
atioa> or a conspiracy barely to IcTy
X
A. D. nn. [310
war, unless war be levied, it is no trea^Ktu. If
I it be a consultation to levy war against the
king*s person, in imprison tbe king, to tie*
1 throne ami murder him, it ever bath been ad-
judgred to be treason. If it be only a considt*
ing- to levy war, as if to a|;^ree to break open
met'lini; bouses, lo throw do«n huu^ips, wat
the same as iloingorii. There must be a war
that is levied, or tlse it is no treason, Not ut\\y
that, but I beg leave to say one word more. In
ray case, all the evidence given in rvspect of
this ofeil'urt in B^»se3c, there ya no fouudaiion
I liii' it; and tf thtMu is no ov^rt act in Et»sex, no
overt' act elsewhere can affect me. It standi
on the evidence only of Mr. Lynch: he »alka
of a declaration. Who read ii? The only two
things are, a discourse between us, and a de-
claration which I crave him to read* If that,
as I humbly submit it, be an act of treason, it
is carrying the mailer further than it bath been
in tl)os,e few cases I beg leave to mention that
just occur lo mv memory. If 1 stule them
wrong, I shall be sorry. The case of Col-
lege tbe Oxford joiner.* It was asked tha
Court, do you take my words distinct from my
actions? No, says the Court, we do not do so.
You declaretl you would go down to Oxford,
and assassinate the king*s person. In order
lo that, you went ilown wiili pistols before
you. That at thnt time was declared to be an
overtact; ihe going down to Oxford in that
I manner ; and tbe Court seemed to rely tipoo
j it, lis the overt-act of lUe treason, and not the
talking bere^ or conspiring thnt be would as-
sashiuale (he king, hut the going down io a
hostile mauoer. So likewise in the case ol' my
lord Preston ; there I he question was, whether
those letters that were found with him in the
I ship; whether lliat was an overt-act of trea-
sou ? The judges seemed to be of opinion, that
I the taking those letters wilb biui as he was
^ going to France, and there to consult the stir-
ring up an insurrection here, and to invite the
French king to invade us, was an uvert-act of
treason. But there is a stronger case, the
case of my lord Russel.f He was indicted,
as I am, for compassing and imagining tba
death of tbe king. The overt act laid in the
indictment to mantfest that inteniiou, was, thai
be, with the re^t of the conspirators, consulted
lo seize upon the king's guards : in pursuance
10 that discourse and conspiracy which they
had bad, it appeared that sir 'riiomas Arm-
strong was sent to take a view of the guards
in order to carry on the design. Notwith-
standing there was a pursuing of their design
of seizing the king^s guards, in sending sir
Thomas Armstrong to view them, yet the case
was thought so very hard io respect to my
lord Bussel, that his attainder was reversed by
an act of parliament. Therefore I only argue,
with great submis)«inn, that ii} my case, where
Dotliiog is ilone but accidentally calling io at
the Greeo Man, staying a little while there,
♦ Vol. 8, p. 550, of Ibis CollcctioD.
t Vol. 9i p^ -^T8, of ijus Colledion.
311] 9 GEORGE L
aod, as bath been sworn, here iras nothing
but a noere discourse, and then I ga?e him a
declaration to read. If I did so, it was only
words. As to the second, it was oothinflf but
pulilittUiiijr a libel. And shall this be a ibun*
dation to deprive me of my life and estate, to
the utter ruin of myself and family P It is an
nnprecedented things, hath it ever been P There-
fore 1 hope your lordship, before you ^ive
any judgrment in this matter, will take it mto
your consideration, whether any thin^ done in
Essex doth amount to an Ofert-act of treason.
Mr. Hungerford, My lord, 1 humbly hope,
as it is my duly to do wtiat service 1 can to my
client, and as it is in case of life, that I shall
Itare your lordship's indulgence for a few
word). My lord, he hath justly observed
Serj. Pengellj/, My lord, I would not inter-
rupt Mr. li'iyer, because it may be supposed
he is not so well acquainted with the method
of proceed ingf. But I hope I may take the
liberty to interrupt his ciiunsel, u ho know by
very gr^at experience the method of proceeif-
ings, that they are not now to insist on the
nature of the evidence, whether the evidence
that hath been given is suilicient to maintain
the indictment ; that is not tfa| business of this
day. If they have any thinjfto offer, any ob-
jections to make in arrest of judgment, that is
the business of the day : but to arraign the
proceeding^ upon the trial, as it is said that the
evidence given did not amount to a consultation,
or to prove any overt act of the treason alleged,
I flon't apprehend it to be proper at this time :
1 did not interrupt the prisoner himself; but 1
hope his counsel, who know the method of
proceefling belter, in cases of hiurh-trca*fon,
shall not be |iermitt^ to go on in that manuer.
• Att, Gen, The gentlemen that are counsel
for the prisoner know very well, that the evi-
dence given or» the trial is not now before your
lenlsliip ; the single question that can now be
made is, whether the indictment is good, and
the facts charged and found by the jury, are
well laid, and do amount to sufficient overt-
acts of fhc hi^h-treason, of which the prisoner
■tand!« indicted ? Mr. Laver hath been giving
an account of tlie witnesses, and making ubser-
Tations on the things which they swore ; he
was borne with : hut the gentlemen that are his
counsel, seem to be opening in the same manner,
but as to them, we must insist upon it, that
they should be conHned to what is proper, and
apply themselves te move in arrest of ju(l&(-
ment, if they can find any thing u|)on the face
of the record of which they can take advan-
. tagc. But 1 think they are not entitled to ^o
on with observations upon the evidence in the
manner they were he«^nning.
Mr. Ilungerfbtd. 1 assure your lordship 1
did i!Ot dt'si^^n it, 1 did not intend to recapi-
tulate any part of the evitlence, or to observe
upon it. AntI therefore there wati no occasion
for the caution. I thank your lonlship fur the
indutcfonce you i;ive nic,*nnd I will conform
inj-se)f to the rnles the king's counsel pre-
serJbe, 0 olmetfe upon nothmg bat tbo reoord.
Trial of Christopher Layer^ [SIS
My lord, the indictment is in this nauMr %
the s|>ecie8 of the treason laid to Uw elunf«
of the prisoner, is the conapasMo; ^ «m1 mm-
gining the death of the king. The fini omt«
act of that treason, is, that he did ncct, cm*
suit, conspire and agree to raise a ralnilin^
and a ' guerram' in the kingdom, whieh iiw
overt- act of compassing and imaginiaf iIm
death of the king.
I know how the authorities hare beea; %al
in the case of life, your lordship will give an
leave to observe, that by the atateie of aft
Edw. 3, compassing and imaginiog the t
of the king
X. C. J. Mr. Hungerford, we weoM
you in any things that is proper, but i
you are not offering a matter in arrcil of jad^
ment that hath been determined against yea a
hundred times. Hath it not beeo eoaJauritg
allowed as an overt act of treason in eomniM
iiig and imagining the death of the king, vlhi
parties did meet, consult and agree to levy «v9
Hath it not been constantly agreed, and MkH
not stand aflowed to be so ? Now to peranM
us at this time to overthrow those molaIMM
uken by our predecessors, is such athiny aiii
not right. Do you think we will give a jai|g-
ment contrary to what our learned pwdacBii
sors have given in cases of the grcaleat bh»-
ment? If 1 thought it was of any cffeoCTI
should not grudge spending time to bear yeai
hut you must agree, it hath been over-rnM d
hundred times.*
Just. Ei/re. It hath been settled a great
many times, particularly in the case of Oorreli
Gordon and Kerr, in which it was aigued over
and ovrr a^i^ain, and the Court was of opimoa
that the consulting ami agreeing to levy wari
was un overt act of treason in compassing and
imagining the death of the king, and gave
judgment accordinsjly.
Just. Fottesctie Aland. Mr. Ketelbey wai
counsel for the prisoners in that case, which
was in this Court in the 1st year of this kiag;^
when this objection was made ; and very wea*
knows, that the Court u|K>n that occasion i
that they oii<rht not to have suffered this i
ter to be made a question, for that it was
raigning the judgments of very many I
judges.
J ust. Powi/8. No one thing relating to I
son is more settled ; and in that case, as I
been mentioned, it wus agreed, and it wa« the
judtifuient of all the judges that tried ihatcaost^
Mr. Hungerford. My lord, I bumUy
hope
Just. Eyre, It must not be admitted, wt
unist not sntfer so plain a point to be disputed |
it is not only mis- spending of time, but shalciag
* As to this matter, see in this Collectiea
the case of lord Preston and others, and «f
Harding, vol. IS, p. 646, of Friend, vol. IS, p. I,
of lord George Gordon, A. D. 178(),vf HardT,eDd
of Home Tooke, a. d. 1794. 8ee also. ISast'f
PI. Cr. chap. 2, s. 9 and the stat. 36 6. 9, «<
Tt tad the other aathorities there cited.
i
for High Treason.
Im* btrai e&tdbHdie4 by every trial, m
\ any thing ui tliift kind has l)«>eu men-
ly Iratn die case of the Regicides to tUii
A, D. 1722.
[314
isttU Pomyt, In the caset of the Regicides,
rs Are printed id Key ling.
i^ C* /. And m all the trials ever siocc, there
tme ca^ liath happened, where the
been lor cunipassinf^ and imnirining
€if the kiogf but that il hath been
IMIvifi overt act, that the party churned,
m OBiitU and a^ree lu levy «rar to bring bis
mkAti ttiienuons i*} efTect,
Mf* ilatn^ttjurd. There is no doubt^ but
^mklbm Uej^tcidtJS were tbe worst ntid most
MiPfMiis criminalH ibat were ever brought be*
fiRftCoun I * ; and yei there is one
lOtalan trials^ quoted in tbe very
\nrA\ 111. Justice Powys raentions,
Vfta never prncti«>pd beiore, anrl I nm
orvur t' -- vir^r-x. . ^^,»t m, the juilges who
to ir-v lals, and the kitifr's couti-
b.* ^^ , t cute Ihfm, met and cou-
n> form and fix the accusation,
llfi; . 3 1 »ur jordship^f pleasure, 1 shall
ifcak »f> iunher in that luaiif r*
iU C. X You have tbe opinion of tbe Courts
mi 1 «lare »ay it is your own opinion ; and as
ibr cBabihrm^ are so po$iitive, it is uot for us to
ftakr inf^tt:titient« at this day.
II r. Jiungrrfifrd, i shall not press it any
There is aoothrr thio^ arises upon
overt act laid in the indictment, that is,
vit ' " It scripluni,* .Hcc. I appre*
i the * quoddnm ptcriptum^'
b" '- ' ciuiird iu the iiiilictment.
iOen tinned in eiliect, that it waa
,>c to a rebellion and an insurrec-
f, Ji.iJt'trUyrtl Vonr loriUhip wiU o]ii»erve,
||! I the * scripTuiu ' are
I iment; and by ilie
I by uU the yHt\^e% of England in Dr.
cira i'a«i% in «U aot^usativtit'^, whether
■tioii %it itidtotmeiitf X\\e words fitpp-
\ ciimiiial ou^ht to be ini»ertcd ; and
P Uiat ia ti<it douf ui ibii Cii^^e, the overt act
i virM laid, and lUe judgment ought to bt*
, C, J. V*oo know, Mr* Ifuugeiford, if but
ft act U well-bid and provedj it is suf<
•*4 koow, I waa sorry you fori-ed me tf»
' what I «%ould vtjllincty hnve forgot.
rmber, on thai occasion, yo4i was pleaded
npare it Ui n ballud, which U au ekpres-
ksl oiisfht nol to be u«e<L lt> thai a things
rntoiier is on trial for liia lifo, and a
UiftUk rertion is intended agaiusi (he
■ I re. I ted in so lu(iicr<»u«« a manner i^
i as «ri overt act of irc^ason, and wliul
sOHi if a itiau^SpubUsliing
I pxcitiog persons to a re-
'>n agMiDMtUe king isi not P
fliM bo: and ul^en we arc
ipan tiM< rori'mhi iiion, to coin|»are it to a lial-
tkl, umI My he might aa well publish a baJJ^d;
and lay it as an ofert act of treason in tbe
indictment: it is an expression that ought
not to be used, aad I was very sorry you did
use it.
Ulr. Hitngerford. I am sure I did not ^y
be might as well publish a ballad atid make it
trea<)0n ; 1 have a greater dut^, and a mote
tender regard to bis sacred majesty, and iba
qnict of bis kingdom and people, than to ex**
press myself so. What \ then observed, at
near as I can recollect, was, that there were
but few minutes to transact tlie business at th«
Green Man ; that what was done could nol
amount to the publishing of a declaration, when
there was nothing done but a maa^s reading tt^
him»etf : I knew the whole accusatt«>n did turn
upon that transaction at tbe Green Man ^ and
ia service to my cht^nt, I thought it my busi*
nesii to make it appear as inconsiderable as I
could ; and if in this I bfive otfemled your lord*
»hip» or the Court, 1 am heartily sorry for it^
and beg their pardon.
M r. Kttribry. I f your lordship please to fa*
four tne with a few words,
I shttll be very lender of otTering to yoof
lordship any thing on this itidictmenti whicb
hath been over»rule<l in any of the cases wberd
I have betn before concern td ; whether con*
spiring to levy war, unWs war be actually le-
vied, is an oiert $ict oi high treas^m, was men*
Itooed on the trial ol' Dorrt- 1, Gortlon and KeiTi
and I think took that among other ercepliont
in arri*»t of judgmetit, which were not allowed ;
but tfte statute ot 13 Eliz. cap. 1, was not at
that lime meotjoue^l ; and I have some other
matters. to offer ou that bead, it' it is now opeu
to me.
L C. /. Consider a little how yon treat the
Court ; the objection bulb liein solemnly taken
in this Court, argued aiwl ^idjudi.'ed by this
Court, and now toy come to artwigo that judg*
luent that vvas tliR'D given.
Mr. Ki'Ulhfy. I shall go off from that, and
say no more upon it, since your lordship is of
opiuion that it is a point settle*!. Bui, nty
loril, I must beg leave to take nottce of what
Mr, Attorney haji oh-jervpd relating to i he five
overt acts Itiid in ttic indirlment, and isubnuttd
your lordship ; l<ir I d«tnH kooiv that it was
ever dHermined otheiwi^p, bi»r that it' one rif
the overt ftct& ap(>e4rs lo be bad, jmlgment must
be arrested.
i*. i\ J Ala-^i fjnile the contrary : | helieva
you will tind at ItiH^^^ood'ft trtal^ which you
have in your hand : therr il i }^aid, if one overt
act bed, thf iudicinienl is go<N|,
Mr. Kt'irfhry. If I am uot mistaken, in sir
John Freind*!* ca^e,*^ a i^asnolao: we can't
take ujKin m% to say, lliut oil the overt actn are
wrong. Is il not likr an ai'tiim in aciiil case,
where there ar** Kt'veral counts m thr deltrr^*
finn r II Ibfiv he onr wrong, that wdl klay
judtrr)»ent for the whole,
L. C. J. Because it i*i an entire declaration ;
and tbe jury, instead ot giving damages On one
♦ bee lUe C»sas» saV XZ^^f. \.
315] 9 GEORGE I.
count, may ha?c gifen it on the count tbey
ou;^ht not.
Just. Eyre, But if ooe count be suflicient,
the plaiiitifT shall certainly have judgment
ujMin demurrer.
Mr. Kttelbei/. U'hat 1 had to offer was, that
if one overt act is bad, the indictment is bail ;
but if it be otberways, and if there be any one
overt act well laid, that that shall make the in-
dictment i^^ood ; and your lonlship will main-
tain that indictment : I have nothing else to
•ffer.
Att. Gen, Say what you have a mind to
my.
Mr. Ketelbey, I did not know but I was ri^ht
in what 1 was going to say ; and I think it a
point too material to be easily riven up.
L. C. J. You allow one of the overt acts is
veil laid ; consider if tliert^ is no overt act but
that one ; must there not be judgment against
{he prisoner ? Suppose one overt act that is not
ffood, must that take off the force of that which
ugood*?
Mn Ketel^y. I submit it, whether this is a
Earallel case in a declaration for work and la-
our done, if there be but one count, and that
well laid, the plaintiff shall recover : but if in a
■eoond count, he comes and says in court, that
he bad done such work and labour ; that the
defendant promised to pay him such a sum, if
cither these counts are naught, it may be moved
ID arrest of judgment.
Just. £yiv. If the damages are taken gene-
rally, otherwise not.
&rj. Pengelly. You find in Rookwood's
ease,-!* it is tnere held, if the jury found him
guilty of any one overt act, that it would main-
uin the indictment : but what is your objec-
tion?
L, C. J. We will hear any thing that you
think material \o offer.-
Mr. KttcUicy, 1 would not have offered it,
if I did not think it material ; and for my part,
1 caiuiot find any such thing in Kookwood's
trial, or any where else, (I beg pardon if 1 have
ovcrlooked'it) that one good overt act should
maintain the whole indictment ; 1 admit three
or four of them to be gooil, as they are laid in
this indictment ; the only objection I have, is
to the uncertainty of that which relates to the
publishing of a malicious, scandalous, seditious
and traitorous writing, ' coutinen' et purportau'
< exhortation' incitament' et prtemionim |uro-
' mission' ad suadendura et excitand* subditos
* domini regis ad arma et guerram contra do-
* minum regem,' kc. M v lord, the rule that
my lord chief justiceCoke lays down in his first
institutes, f. 303, a. is, that in indictments, a
certainty to a common intent is not sufficient,
uo more than in coiint<), rrplicatinns, or otluT
pleadingsof the plaintiff. Now whether this, as
It is laid, hath the certainly which that rule re-
quires, your lordship will determine. In all ca-
pital cases, e6|)ecial)y iu high treason, the indict-
* Sec l<:ast's PI. Cr. ch. 2, s. 59.
t S^e the Case, vol. J3, p. 139.
Trial of Christopher Layer ^
\
ments must be drawn with the utmoat accni
and certainty. The words here are, that he <
* licavitqiioddam malitio6um,seditiosnm,el
' di tori urn scriptum :' and then sets forth
the substaueo of the libel in generml. Is I
not the same reason that the words shorid I
been set forth in this indictment, as in li
dictment for a libel, that so the Court ■
judge, u|)oii the face of the indictment, i
ther tli(*y did import excitement and ah
tion, Mevarc guerram?' 1 must own, in
or three late cases, the words have not bcc
forth.
X. C. J. Remember Francia'a case.*
Mr. Kctdbey, 1 am going to mention 1
cia's, and ho|)e 1 shall be able to aoooun
that, as well as the others : in Francia's
the indictment was, that he wrote several
ters, notifying his intention to levy war,ai
quiring aid from abroad, without particnfari
the words of those letters, or tliesubetao
them. The question was not ufion an am
judgment ; but it came on iu the coursed
trial whether such evidence should be alls
It was insisted upon, that there was a 1
mentioned, and the substance of that 1
ought to have been set forth in the indictn
or else the letter itself ought not to be i
much less a copy of it lentmd in the prisoi
copy-book, as evidence against him : a
must beg leave to rely on the solemn resoli
of all your lordships m Dr. Sacheverell's <
that the very words should be expressly
forth in all indictments whatsoever. In li^
cia's case, there was no motion in arre
judgment; for there was no verdict agi
him : therefore, whether that precedent
stand in our way, so as to stop us in our pn
objection, your lordship will determine :
in the case of colonel Sidney, the very w
are set forth, the title of the book, and the
charged to lie treason. In KeyUnge 2S
Twiners ca8e,+ he was indicted for com|»as
the death of the king, and his overt- act <
the publishing a book called, * A Treatii
the Execution of Jnstice ;' and the title of
book, and the very treasonable part olije
against the prisoner were set forth at la
In C'oloman s indictment, two lettt;rs i
mentioned which were declared to be his bi
there was no counsel, nor motion msdi
arrest of judi^^ment. I don't rcuipmber
case where tbey are laid so general as in
indictment, except Francia's and i'olem
I shall only beg leave to add, that where *
is a libel, a iMok, or letters, charged um
overt-art of that ft hich is supp<ised to be
son, and upon which the offence is groaa
they ought to be so far sot forth, tbat a ^
may have an opportunity to clear himself
accusation : I don't knew any precedet^^
contrary, but that of Francia's case,
there was not any opportunity of debate
he being acquitted on his trial ; and t»%
* See it in this Collection, vol. 1&« 1^.
t Se^vol 6, p. 515.
Jor High Trensffn*
11^ wbicb was before aoy couumI
c^jcdioo wtt8 taken in Fran*
j.,-.^K. ..c ;f :* \^^^\ ii^n tnkcri
ctofiJftrliuroent
^ ...... -,„., be admiUci) or
ly •vcnuGt^ tiint Ik not eirpresslY
tntlirttDeiit. ng^insi unj ii^rsf)!! or
ffrn You toc*k ihe objfction,
thi^ orert-flct of Ireasou is not
in the indiGtmeiit ; Roci there*
tHJl t<* be given in eiridence : jou
' over nil**<i ui ibe lime of
II, am! tliuT the opiiiioD of
^ijUbl yciu- As to what yoti
wdf must be set for^b. it ti
a man niuy set fortti the
mXw «voril8, without &hewhi|; the
>« : that is the wi\y thiit is pm-*
n, luid when it is otherwise ii is
Ubt to be done.-j-
It wan tQileed the Ojimlon of the
wrrr (irtMiit at D\\ Kachcfer-
cular w finis supposed
u! expressly specified
il 0t iuforcnation foraay roia-
itin^ or speaking ; ond since
•n authority to conclude our
1 ciri*t forbpfir saying, that it was a
;r to \V, r ball, and par-
VI ^ I this court, to
y ituch oiMnjoii tiatl beeu (fiven ;
cr i>er^n laid dowu in ony of our
rule of law or nractice, that the
inli mipposed to ue criminal ought
M hi the itiilictment or informa-
had l«iru<*d from my lord chief
t a libel might he described
nod subfitunce^ or by the
id that an intJ»ctiiient or in-
either of Uie^e tonus woulil he
u h>ok into tjie books of entries
mrrral irixtances vtbcre i^laiidc^rti
are diarge*! in Latin, as false
•riion«, and rtotiu thewordn
Htali^y^s ca*iir-.§^ who was
ilewonls II it. 13
d in the m that
k;otf bad trauoronHJy dc-
ipse |inedirius i^t^iey ipsiim
iotrrftccret ;* and the fact
in GOO ver sat ton had f}|Kike
'i*tl in FrcDch, which wer*j
wltorweA ; and this evidence
idem to cciUfict him of biifh-
the particular wordstuppo^^rd
rrrmitml, were not sptciHed
'icre v»'HS nti ititormii-
a all the {T I cat counsel
ccotuTitL'd on one t;«dr'or oih*^r,
it bar in my lord chiel justice
, »ol. 7, p, U
1 Cr. cap. s.
a,
*.Gn*iie,Tri«,tWilL
I br <
mtjct
A. D, 1121. [318
Ilalt*6 litne^ and the olfeuce was cbari[^ in
the same muTuuT ; for the substance of what
the defejjdanl hnd sitvorn was •*<.! toilh in I^iin,
and the evidence which he gtive Li Englisb
being proved to be false, he was couvicted of
the periury without any objection ; and yet
the pariicitvar Kuj^hsh words in which he fi^Skve
his cvifieoce were nut expressly speci^^d tu the
information ; and I don't find that the specify-
ing of the particular words was ever said or sug>«^
gested to l»e necessary, tdl this sudden opinjon
was '^iven ; and therefore ^h I never thought
it n|;ht^ I can't bear it ur^ed as an authority
without oHeriog my reasons to the contrary^
and ackoowleil^ng that 1 have been hm^ in a
crreat mistake, if there be any one reaoluuon in
the books to support it.
Just. Pimys. In the case of Francia it was
insisted onto order to rttop the trial ; the main
of the oljjeclion was, that they ought not to
firoduee evidenre of the letters, because tho!i#
ettera were not expressly set forth in the in-
dictment, and that very objection was made in
order to itop the trial. What wassatd there in
cases of libels is intended when set forth * in
hxc verba, ^ and not in Latin, the morecoromoii
way : but it is another thing where it is ta
overt* act of the imagination of a man's heart
in treason, it is sufficient to set forth the sub-
stance of them ; therefore it was so fully set-
tled in Francia^s case, that I thought it won lit
be ncvor mentioned agaiu ; the point was
argued, the objections were made and over-
ruled, and it was the very (lotnt on which th^
trial proceeded,
Jtt, Gen, In my lord Preslon*8 case theil^
were i*everal notes, memorandums Jiml writing?^
that were the very overt* acts of the treason,
yet they were ooi partu itlarly set forth in ths
indictment*
Herj. Pefigelly. There it was alleged, tba|
tlie lord Preston prepared and composed se*
veral writings, several traitorous notes and
ntemorandum^, for the giving itistrnction auil
information for the French king how to in-*-
vnde Kngland. 1 desire to put Mr. Ketdbef
thiR case: Suppose any one had proclaim*
ed the Pretender at Charing-cross, or ela««
where, and Imd read bin declaration, exciting
the people to revolt and to cotiie in lo him, and
prnuiising ihem rewards; and th*?n (be d«s*
cliir»tiiiii had U'»n curried otf, or so disposed ol"
tluU it could not U* reoo*. * rt ti aiu\ produced in
tiideucf ; I would W ow whetlipr
that pcr*;ofi might not l> i for treasoPp
without !$()'ttingtorth the particular words whicli
be read out ot such declaration ; or whether hn
should escape nnnisbmeut for want oi being
abte to set out Lne particular wordi^?
jlHr. KeteU'ty. The rradtng of the paper la
that case viould be SMfficienC.
L, C. ./. Have you done, or have yoti any
thing further toofibr lor the prisoner .'
Cl of' I he Cr, Christopher Layer, hohl u^
your hand. You have be«:u indicted of high*
treason, ^c.
Fri*on<r^ I know nothing more tu siy tidfr,
319] 9 GEORGE I.
because my counsel have given it np. But
alter your lordship bath paued sentence upon
me, 1 hope ami desire, for the sake of elber
people more than mysdf, those that f have had
Very great xlealini^ and correspondence with,
pariioularly my lord Londonderry, and several
others, that I wouhl do justice to, that your
Jonlship would give me a reasoiiahle time to
make up their accounts ; and when that is
dune, I hope your kirdsbip will give me still a
further time to make up that great account
which I have in another place : W hen this is
done, if hin majesty doin not think fit gfra-
dounly to continue me in this world, I will
dare to die like a gentleman and a Christian,
not doubting but that I shall meet with a double
portion of mercy and justice in the next world,
tboogli it is denied me in this.
X. C. /. Christopher Layer, you have been
indicted, and aAer a long exantination and
fair trial, have lieen convicSed of high -treason
in com|>assing and imagining the death of the
king.
Yon have had all the indulgence and ad-
Tantage that the law, would allow you. You
have had counsel assigned you of your own
chusing to advise you preparatory to your
trial, and to assist you in making your defence
at your trial.
These counsel have been permitted to say
VFhatever they thought proper lor your service ;
and T heartily wish that I could say that they
had not exceedeil, that they had not taken a
greater liberty than they ought to have done;
but however tliat was, the Court thought fit to
permit it in them, that they might not be dis-
couraged in offering any thing that was proper
for your defence ; we did not censure it then,
on tnis consideration.
Tht jury that have found you guilty, are
•nch as may be justly said, you yourself ap-
proved of; lor though the law gives you a li-
berty ofchallengiiiflf five and -thirty, vou chal-
lenged but four4incf- thirty ; so you allowed the
rest to be an indifferent jury to pass between
the king and you as to your life and death.
The evidence on which you have been con-
victed, is the clearest and plainest that ever 1
Iiemrd. Your personal conferences with the
Pretender at Rome ; your constant corres|K>nd-
ence with him and his agents afterwards;
the scheme you had formed for the executing
this treason ; your confessioo of the greatest
part of it before the lords of the council;
and at last your flight when in (he hands of
justice, out of a window two pair of stairs, and
the endeavours you usetl when retaken to cor-
rupt and prevail with tho^^c tliat took you, by
rewards, to let you go off, these are matters so
▼erv clear and plain, and did concur so exactly
with the evidence of the witnesses, that it did
not rest on their creilit; the only question was,
whether the jury did believe what jou your-
self had declared on your examination before
the lords of the council, and by the Scheme
that was found in your custody Y
This being th« natare of "tlie evidence, I
Trial of Christopher Layer,
must, according to what it oeatl, pot
mind of the horrid wickedness yoa ba
found guilty of.
The first matter projected to bede
to seize the Tower of London, lo aet i
at tlie Exi hange and other plaoes ; ^
the Bank, awl take from thence what
you had occasion for; by which th<
city of London, and in conseqoeoce th
nation, would inevitably have be«w iur
blood and confusion ; this was to ba*
tlie first fruits of this projected Scheme.
The next step to be taken by this ej
Scheme, «»as to seize the sacred persoi
king ! a king, who during the whole co
his reign hath been the most religious o
of our laws, the most careful preserver s
tector of all our civil and religious righ
the most mercifid prince that ever sat
throne of these kinurdoms ; yet this, tfa
excellent prince, was to be seized and
sacrifice to popery and arbitrary power.
The next step to be taken, was to se
prince ; and when that was done, nobi
doubt but the young prince and prii
must and should have followed the fatei
father: 8o that the project must and
have ended in the destruction of all tht
family on this side the water; and whi
was done, it was thought it would be i
matter to set the Pretender on the thron
This being done, the king and the r3
mily destroyed, and the Pretender advai
the throne ; what the consequence of thi
and would have been, is obvious to ever}
it must have ended in the entire dest
and dissohitinn of our most happy est
ment and constitution ; the happiest, 1
that ever any people enjoyed ; it mus
ended in the destruction of our laws,
berties, our religion, and the church ol
land as by law established ; and we mu
become, from the most happy, the most
able people on earth.
These horrid and execrable designs
very heinous in themselves, that they
will admit of any circumstance of aggra<
But I must say, 1 can't avoid say in
there are circumstances with respect t
that make them more heinous, if possible
were bred up to the law, and you uuist I
posed to kuow the excellency of our
constitution and govcToment, and th<
which you professed, which makes youi
much the greater.
Another matter, which is a great aggr
of your offence, is, that you were, or
professed youriielf a Protestant, and a n
of the Church of England, whiUit you e
yourself in measures which must inc
Iiave destroyed that church which you
yourself a lucnilier of.
These are the treasons which you a
victod of; and being so, the law ailjud(
not lit to live ; and the judgment of the
and it is consitiered by tlie Court, that
« You, Christopher Layer, beled to th
* Iroa wliCAce yoti came, and from tfience you
* «re to be drawn lo the i}lace of execution, and
* thfi't' )oci ire to be hang^fd by the neck, but
* Ckot I lUyaa are dealt, but you are to be cut down
*^ivr, 4t>tl yoiir bowels to be lakert out, and
* bun) I before your face ; your head is to be
1 from your body, and your body to be
into tour Quarters ; and tbat your
I and quart erM be dispose of where his
Ky ahal) (hmk 6t*
I the priiioner was carried buck to the
fQ9c of tioudou; but on Wedtjesday No-
2Bt the attorney and solicitor general
I for a rule fur hi« execulii>n, atnl tliat the
' CSlvt woqid appoiut a time aud' |duce ^br that
pUfiin and sa\d, that the chief desig^u of exe-
otttti^ fiuch criminals was to be un exaniple to
ttktn Dot 10 odVnd in the hke matin er, aud to
diMr iLff^u from conmnitting treasoo ; and
iiu>Ted that the execution might
' X ihou^Tb the fact was done iu
luiti tii^idf that there were itiaoy prece-
i ^hr execiitioir criminals in such places as
should tliluk proper,
.(ion the Court asked the clerk of the
if he knew any such precedents, who
, that one Fit/patnck,^ who was an as-
i^ith the turd Audlcy, was executed ju
ex for a fact conunittod in WlLuihire,
other late precedents of the same
rule w»8 made to the lieutenant of the
la dehvi*r the prisoner lu the sheriffs of
and Middlesex; and another rub' to
aheritfs to execute him an Monday
r ih<* 134h, at Tyburn.
en the kinj^^s counncl moved the Court to
ifae rule made thf day betbre, for Afr,
, ihe clerg^yman, to attend the prisoner,
lie was tukeu into custody upon sus-
'treasuQf and h*d given bond to appear
this day.
Court answered, that any clergyman
luld be admitted to the prisoner, who was a
iif known hontsty, inttt^rily, and learn-
but not Kuch who nnifhl harden htm tn his
uty in his la>t luomeoU; so two more
^fti^ymen were joined in the rule, and the
•tbrr two struck out.
AfUT wards, aud on that very day before he was
tile rK' €Ut4.'d. he had a respite, and there being
ioui thai he could not be executed
1} vir 'ly warrant signed by the kiug ^
W tiiui ii tiew rule must be imide id the Court
if Kifii»'^ bench for his execution, he was ac-
Cttiiingty brought to the bar in Hilary- term
Mkifung, aud a rule was made for his execu-
on the 27lh of March ; but before that
be procured another respite, and after-
another rule was made to execute him
«nibe 17lh day ot Moy folloiviog, which wos
^i«a aeoordiuji^ly . t II e tuade a short speech to
t^anstants, v«her«^ui he avowed tlie principles
I
* See hisCrtsp, vol 3, p. 41i>.
f See 4 Black. Comm. 464.
A. D. 1722. [322
for which he suffered, rccomtt^ended the in-
terest of the Pretender ; and deliveri-d a paper
to the under-sheriiT, and also anothei' to a fnend
of his. His head waj( a tier wards carried to
Ne^vgatCf and was the oeJtt day it\% nnoa
Tern nie- bar ; but his (quarters were delivered to
his mends ; who took care to get them de-
cently interred* The paper aboVe-mentioued
was inclosed in a cover, superscribed,
To Mr. Walter Price, Under-sheriff» at his
house io Ca»tle-Vard, ia Uolboni; and
was as tolloweth, viz*
Mr. Sheriff; I having previously resolved to
employ all the time allowed me at the place of
execution, in demotion, aud making my peace
with God, through the oll-suHicient merits aud
mediation of my gracious Savioor, I have, in*
stead of any speech I could make to ihe spec-
tatorSf <in i^m unfortunate occanion* committed
my last ihouffhls of all worldly affairs to writ-
ing."* while I had some miervals of time for so
dotog ; and have sent two authentic duplicates
thercot, wiib my hand subscribed to the bottom
of each sheet, to two trusty friends, to |estify
thereby to ihe world, in due lime, aud a« oc-
casion otrers the true princi]de5» (*f both my re-
ligion and loyally, an well as the unparalleled
hardslupii and injustice 1 tiave lately met with;
for Mhich I pray God torgive the authors
thereof.
Atid to Ihe end, thai none of my friends, who
had access to nie *ince 1 was sentenced to die,
ma\ he liable to come iuto any tronble upon the
score of publishing my suid wrilingSt t siMit
the draughts thereof ideated up, together with
draught of two several letters directed to cer-
tain personal in the administration, to one of my
friends aboFt: mentioned, desirmg him to oepy
them all over fair, and return them to me :
And then I sul»scribed them, and returned
them to my frietids, without lettiug the b*?arers,
tirst or la«r, know any thing of the cootenta.
So^ taking leave ol' this vain world, God ia
mercy receive my 8«ul ! Amen.f
CURISTOPHKR Lir£E.
There is a slory , that Layer's h^ad, havta^
fallen from the top ofTtrnpft: bar, where it had
been placed, was picked ujp by an attorney of
the name of Pearce, who was an agent for the
non -jurors ; that Dr. Richard Rawlfufion, the
antiquary, i'or a large price obtained it from
Pearce, preserved it as a precious relic, and by
his will caused it to be buried in his right bnna.
Another %er»ion of this legend relates, that
instead of Layer's, auothtr's head was imposed
on Rawlinsun, See Nichols's Literary Anec-
dotes of the eighteeuth century, vol. 5, p. 497 >
art. Rawlinson.
For the proceedings in the House of Lords
respecliiig the printing of this Trial, see Pari.
Hisl. YiA. iS, p, 54, ef teq,
•This writing never api>eai^ in public.
Formtr £diUon. f bee lite next Article.
323J ^ GEORGE I. Pfoceedingg agaimt Bishop Atterhurif^
464. Proceedings in Parliament against Johx Plunkett, George.
Kelly* alias Johnsok, and Dr, Francis Atterbuuy, Bishqfl
of Rocliesler, upon Bills of Pains and Penalties for a Treason-^
able Conspiracy: 9 George Lf a* d, 1723*
The Kmjjf, iti a Speech on October It, 1722,
AC qua in led both Houses of Parliament, that o
dan^erouB Conspiracv hatl been for some time
furmedt ^^^ ^^ ^^^^i carried on ajifainiit his
}»ci-snn and gofernmcnt in faT our of a Popish
IVelencIer ; an J after relating scvcnil parti-
eaiars conccniing^ the same, he stated that notne
cif the conspiiators had been taken up and ftc-
curett, and that oodeavours nere used for the
apprtheudmif oihtrs.
Chrislopher Layer having, on the 23rd day
i»f November, 17*2^, been convicted of his^h-
treason^ as hath been related in the precediitg
Caae, tlic House of Commons, on January 15,
17^5 (ihe second day of their meeting after the
'Christmas adjourn metit) came to the fotlofviDg-
iTotes .
** Uesolred, nem. con* That a CommiUee be
•ppoiRlc d to g-o to the Tower of London, to
IjB^amine Christopher Liijei, io relation to the
^cmspiracy menlioued in his majesty's Speech,
: the opi^ntngp of thii» parliament, to be carry'
Bg on afraiQst hi« person and government.
Ordered, That such members Of this
louse as are of his majesty's most hon. privy
iiuncit, be the snid committet.'.
*♦ Revoked, That an humble Addresi be
rrf^kentei) to his majesty, That he Hill be gra-
usly pleased to giv^e directions, that the ste-
eral ex ami nations and papers ^ retattng to
^hri^topher Layer, may be bid before tbb
louie/'
It appears that the Committee consisted of
Nlie Speaker (sir Spencer Com p ton, the Chan -
l[£el!or of the Exchetjuer (Mr., afterwards sir
Tftfjbert Walpole), the Master of the R<dls (sir
Joseph Jckyll), the ComptroUer of the Hous£'
piolit (Paul Meihuen, esq.) Mr. WiUiam Pulte-
Lpey, afierwards earl of Bath (who, before the
tpiils of Paioa and Penalties aguinst Alterbury
Wid the others received tlie royal as»L*nt, was
[ippoinied Cofferer of the Household), Mr. John
|StnUh, Mr, Richard Ilampdeu, Lieut. General
I'Willa, and sir Robert Sutton, Mr. Putteney
l^as Chairman.
Go the foUo^ring' day« the said examinations
♦ Siee 1 Stranfre, 530. Furtescue, 101.
^% Mod. 96. Hatseirs Precedents, title BrHs
of AttaiDder, and Bdls of Pains and Penalties,
/See, loo, the precedintf Case, and the Journals
»'0f the Houses of Lords and Commons; and
^the New Pari Hisit. vol. 8.
f Swift, in the 6Th chapter of GultLrer^s
^ oyage to l^pnta, &c. has introduced some
layers aj^aiost these proceedbgs.
and papers sealed up,* were presentptl to
House^ and were rcferre*! to the said C
mittee.
On the Slst, Mr. Pii1t«»noy, from the t
mittee, acqnatntnl the HoW, '« Tiiat, u|
their pevtisal o( ihe papers relating^ to 1
Christopher Lay«*r, and on iheir ex^in
of the said Christopher Layer, fre»{tie
tion was made of one James Plunkett, wh6 \€
now in the custody of one of hi» majesty'*
luesseDgers." Wheteupon it was ^~
" Ordered, That the said Comtuittee 1x4
powered to examine the said James Phmk
** Reso|¥L4l, That au humble Addr
nresented to his majesty, that his majfl
be graciously pleased to "ive dir^ciim
the ex4iuiiriutiou9 and p.ipers relating
said James Plankttt may be laid bd^ai-e
Ifoimi'."
And on the following day, the paper^{fte>leA
up) retaiing to Plunkelt, were presented 1
House and refer rrd to the same comm
who wei-e directed to examine Plunkett ;
within a few days aAer wards, Mr Pult
from the Committee ap}fointef1 to exan
Christophtr Layer and Mr. James PJun
ac(]Maiitied the flouse, that they bad exa
the said if ames Plunkett ; and tind, by the |
pers relatiufr to him, and hkewi^se by tbetr 4
miiialton of him, mention made of one Geoi]
Kelly ; and that the Committee had dir
htm to mo\e the House, that tlrey may be em*
powered to examine the said George Kelly.
** Ordered, That the said Committee be a
power«d to examine Mr. G^rge Kelly, AOWJ
prisoner in the Tower of London.
** Mr, Pulteacy also acquainted the Ho
That he was directed by the said Committee to
mo?e the House, that an humble Addre«8 may
be presented to his majesty , that the examina^
tiona aod papers relating to the aaid Ge
Kelly, and such other papers as relate to
Consjiiraey mentioned in his majesty ^s Spc
may he bid before this House.
** Resolfed, That an humble Address be pre-
sented to his majesty, that he will be gma-
ously pleased to |five directions, that the setml
examinations and papers relatinsf to Mr. Georgv
Kelly, aud such other papers as relate to tEe
Cousniracy mentioned in his majesty's S^
may ue laid before this House.**
And accordingly the said papers w«re I
before the House.
31
tteefo
s may
imina^
to tne
miWF
* S«€ New Pari. Hist, to), 8, p. ii»
end oikerSfJor a Treasannbie Con$piracif.
•{VA
MAftii 1, Mr. Pultcney reported from
ftt CofBiaiOfc as fultows *
lh$ Comurrec apiKyintGd 1o examme Cbn's-
LAy«rr at)tl otheis, in rektion to
r Cmt%i»iT^cy metilmned in his majesly*8
" to be CdfTyiticf r»n a^^ainst tiis
MitOQ moil i|;ov<;rnmeut, havtngf perused
1^ t^vt-i:*! tiapt-rs and exumiuations re-
IhtH iiid liaring ^oiie thr^agh
• t'x u of lliose persons, have
i on tbe frillowiug Beporl.
": ! - I ''Tin- fxaminitions,
yy^ your coiii«
^ . . 1 . V ^ , i L etl not be ^t rtct ) V
:>nd order in which they
rnayf tor the ease of th^
r, moijc I he seTerai matters occurring to
) near q;* they can, in the order of tioie
I Iht^ ^ere iraostactetJ, or as thfy best
' ihctr mutt^al connecL,ioD to illustrate
her, without a<SiliD^ any obsenrationi of
♦♦fit nuch as naturally arise from
st'i'enil jiaperaamt examinations
icli as are necessary to help the
jrrfu e cftiily to ^lermve the con-
and incan^iist^ncjea of the con-
r ity the iirisoners, as ivell as the
ami coincidence of the facts ei*
r ctvfninittee oUeive in general, tbut a
mm bog been carry ini^ on by persons
\wne and dtuim!iiun at home» in conjunc-
fUh tr«it(ir« atroai), for niacin^ the Pre-
m tb» throne ol' these kingdoms* That
mifthoda hare been attemptetl, and
fixed for puUiii^; this design in
That ilie6r6t ioientiou was to have
a regahir body ol foreign forces to
TVi»~r~ ~^
imlphi - ;,
{JL\ CofiUjning^ Foreign Correspondence.
' ^ ' P»j»eni relating to Captniti Halstead.
rfr* relalinif to Chrislopher I>aver.
Pii** r^ rrlatiog to an intended (n?a-
n]f to John Plunkett,
relating to the Bishop of fto-
Paperi rebtmi; to Oenrjre Kelly,
Paprrs n Uiiri^^ lo nrnnii Kelly,
papers rebtin^ tu John Sample.
Pipcni relating to the duke of Norfolk,
1 rtUling to Scotland,
n relating to Ireland.
':o\ pages of the Reports of j
-'^'-' ■•''■ ^ '» ■- '-' n, but !
ve to
, i ..,..»..., kelly,
incorporated into the
no{ been thought
iieodrxes Ihetn*
ur ivferencea to
-tD ^vkkicb occur
« accompanied by Ifvelve
I i shed by dlflerent tetters
ey ocrupv
tOTade these kin^^domiS at the time of the lata
elections; but thai the conspirators being dli*
apirointed in this expectation, next resoUed i^
make an attempt ut the time that it was gene-
nil ly believed his majesty intended to go to
Hanover, hy the help of such oHicert» and sol-
diers as could pass into England unobserved
from abroad, under the command of the late
dukeaf Ormond, who was to have landed ici
the river with a gieat qaaottty of arms pro*
vided iti Spain for that porpoae ; at w Inch tima
the Tower was likewise |o have been seieedi
and the city of London to have been made a
place of arms: but this design being also dis*
appointed, by the discoveries made in Eng«
laud, and hiai majesty's puttingolf his journey ;
by the encampment of his forces at nnme, as
well as the sending for those from Irelmid ; and
by the readiness of hts majesty's goud alUea
the States General to assist bim in case of
need ; by the orders given in Spain, thut the
late duke of Ormond should not be suffered ta
embark^ and the like orders issued iu Pr^^nce,
that he should not be suffered to pass througli
that kingdom ; the conspirators found them-
selves under a necessity of deferring their en*
terprize till ti>e breakmg up of the camp :
during which interval they were bboaring by
their agents and emis^taries to corrupt and
seduce the officers and KoUliers of bis ma-
jesty *8 army, and depended so much on thit
defection, as to entertain hopes ot' ohictng the
Pretender on the throne, though they should
obtain no assistance from abroad, which never-
thefessthey stHI continued to solicit for.
The truth and reality of these wicked de-
signs, yoiir committee are of opinion will appear
confirmed to the House by concurrent and
unquestionable advices from almost all parts of
Europe, sent by persons who appear to have
had no communication with each other ; which
advice*{ hare again l>een verified and tiupported
by several discoveries made at home, by the
informations and confessions of sume of the
persons concerned, as well as by a long and
regular series of correspondence, which the
coQspirators have furnished the government
with agaimst tbemvflves, and the several
branches of which ap^K^ar to the committee
connected with oneauother, and till concurring
in one continued de»it;u of subverting our
present happy establi*»hment, and involving
th^se kingdoms in bluml and confusion*
The several examinations, lelter>i, and other
papers, are all contained in an Afipendix to thit
fteport ; and as they are ull severally numbered,
so the several pHra^raphs which are f^iioted
from them ha*e rrlereucea to tho^- numbers^
that they muy the easier l>e turned to upon <iu*
casitju, and be supported by the autJiorities
from whence they are taken.
That the fir»»i *i.'^i..it was to have been cxe»
cuied during M tih, an«l to bate been
siipf sorted bv i „ n-es, is collected Chnn
the fo' lowing cireumfitaoceii :
Philip Neynoe, clerk, (who waa drowned ia
attempting to loake Urn cicape lihilii the mat-
4
i
, tengera)
tgto loai
ilacUuNMl
uponbu cxacaiiifttipAMici
327]
9 GEORGE I. Proceedings against Bishop Atttrlmtgf
soDie of the lords of the council, << That he had
been employed by George Kelly, and one Wat-
son, whom he took to be the late earl marshal,
^nd who was in En|(!and last springy, to draw
lip three several memorials to the reerent of
Fratice, to solicit him to send forces to the as-
yistance of the conspirators. That the last of
these memorials was drawn up in December
1721, and contained a demuud of 5,000 men,
to be sent over by the regent to invade these
king^floms."
This is confirmed by nnqiiestionable advices
{irom France, the IQtli of April last, in which
it is expresslv affirmed, "That repeated ap-
{dication had been made to the regent for some
ime past, to furnish only a bodjr of 3,000 men,
by the fif^lp of which the conspirators made no
ooubt but iu be able to place the Pretender on
the throne."
Layer, at his examination before a committee
pf lords of the council, confessed, ** That
being in disrourse with lord Orrery, soon after
Lis first acquaintance with him, (which was
before the encampment) lord Orrery said, no-
thing could relieve the nation, but a restora-
tion ; and that he would be glad if he could
contribute to bring it about: that it must be
done by foreign forces, and could be done no
other way. That he often asked lord Orrery,
iirhat methods they had taken to procure them ?
That lord Orrery said, they had friends abroad
that had made*application to the regent for
iissistance to bring about a revolution; but
he does not know whom his lordship meant ;
general Dillon might he his correspondent for
aught he knew : that lord Orrery likewise told
him, the regent might be brought to wink at
any thing, but was so pcrBdlous that he was
not to be trusted ; and that the Fiench hud
made a tool of the Pretender.'*
may oflTer before the end of thte yH
not perhaps every way so ftfooraM
letter was writ on the 20th of AprUt i
of the elections were over, and oai
that opportunity was elapsed.
That an insurrection was thoaght
time of the elections, is farther confii
the following particulars ; Layei
before the lords, " that Green the
being in aimpany with lord North ai
and talking oi 5,000 arms and 7,000
were ready, said. When the W
mob were up, if they had had am
which lord North interrupted him.
don't talk, you are a (Citizen, you k
are no arms ; hut that the man ins
were 5,000 arms ready in the city."
Neynoe declared, «' lliatTbo.Ca]
made two expeditions in the sprin]
the elections) one into Cornwall, ai
into the counties of Warwick, Nc
Derby and Stafford ; and that npon
blaming the riotous conduct at the
election. Charter repliefl. Hang the ele
never saw fellows of such mettk
trained, so fit for business."
Among Mr. Denny s Kelly's pt
scizetl an exact list of the quarters
majesty's forces in Great Britain,
time thai ihey were drawn out of m*
great towns and boroughs, on accot
elections.
From all those circumstances the •
see reason to conclude, that the first <
to have been executed with the as
foreign i'orces, at the time of the elect
the Pretender, the lute duke of Orn
Orrery, and tlie bishop of Kochestei
this opinion ; that memorials were
here, to be presented to the regent fo
|io8c ; and that those memorials wer
presented, or at lea^t application ma
Layer repeated the same in part, at two
other examinations before his triol, and bos r— ' - n
since confirmed to your committee, upon his regent in cimsi^qnence of ihem, by
examination at the Tower, '* That lord Orrery ! from persons in £nglaud ; and thait
declared himself constantly of opinion, that positions havf been made for this em
nothing could l>c done to *a':y purpose in the
Pretender-8 favour, without foreign forces."
About the latter end of April, a letter was
interceptetl here, coming from Spain, icclosing
the ropy of one fiom O to L , which
Mill be shewn in the sequel id' this Report, to
have been from the late duke of Ornioiid ; in
which Ornmnd says, *• Pray K !| J^Irs. Cliau-
mont, th..t since the parliament is dead and
gone, \ think it w a M.).id lime to make an
cflori, w!i«Ti thi. -.rr^iir is gone to Hanover."
It will ap-K-rii- fr.uithe sequel of this Re|>ort,
that by Mrs. C:>ai;;iiont is probably meant the
PrttenJe:.
On the e3id <»f April another letter was in-
tercepted, siffiied lii«r, and directed to Mr.
Jackson, which your committee have good
reason to Mieve was from the bishop of Ro-
chester to thi- Pretender, as will be shewn in
the foIluwij>K part of this Report. In this
letter he says, •< notwithsUnding Ihii oppor-
tunitjr is tbj^d, I agree irith yon anotlMrJkaveliMiU^
that time, as broke out into r'wXs at 9€
elet lions : which must he allowed to
no unfavourable juncture for such a
considering the discontents occasion
late South Sea scheme, which ihe a
have all along flattered themselves tti
be able to improve into a spirit of rebe
, the libei ties usually taken at such
when all the freeholdeis of England
I sarily* and Irirally assemblea toge
I when the whole nation is too apt to b
' ment, even in the quietest times.
This design failing, on account (a
sonable to believe) of the conspiralon
able to obtain the forces they folic
abroad, and of their beiiig tbaaif*^
in opinion as to the time and B
tion, their next andoavdilr i
insurrectioD at the tip**
hit maieity \
dfAeMi
ofhitSrfar tf TreasonnUe Conspiracy.
D. 112$.
Ipoium^ tliAt ihey think ttroncter could not ren*
aQti4i»(/ b^ ^iipecUrf, in nn utiatr wUate it tvtu
iD niQcb iLt mieresl of the conspirators to act
irjtb i' ^ ■^" >5sr eauiimi and secrecy.
U iv '><^o obserted, tliat the late
,,. L,,.,,-uJ ttiouglit ihc tirneof the king's
Utf Germany a f;itoural>|e o|i|ici:rtiiDi(y
\ nu m effort, mid ihiU the (lersoti whr*
jys, '• Notmihsflandiog" thii! tip-
a|i^, I »eree with yuy another
Ui'tore the euU of the year, though
bap^ every way so favourahk."
fer coafesictl to the lords at two &cTera1
tiuna pt eviou» to his trial, and has since
fittlbiii^ lo yoar r^^ : " That he made
tMllE^oi] to lot d i > tatid god -fat her
li Ml child for the rreTpnier, intendmi^ that
%m msirk of. kitidaeas fiorti the Prdteoder
Aonld serve as a credctitial to lotd Orrery to
bioCie biKii t4f converse frc^cly with hiiu, in re-
Iriofi to ikie Pretender'n affairs : that then* ac*
4piotat3ce bavilie heg^un in this niauner, lord
Ufn-ry mmiI to hitn to enquire into the Pl-e*
tM«l«r*s cluractcr and qualifications, and asked
\itii Ht^^nil fioies, wlieihcr he had any recom'
I from the Pretender lo any person ?
ti his nns^ering: No ; im lordship toM
1 to be an honest man, and
iiy should be always wel-
o^iii^ tQ Inm^wbedier they had any credentials
m ort : that he. Layer, then ifave his lord>«hip
:ut of what had pasi^eil lietween the
and him durinx^ his slay at Rome,
* ' ' Jiip what h>()es there were?
hip answered, that there
I dii the nation were g:cnerully
emleFf except EUi-h as had phices, or
«e to them from the ^oviTonjent,
lord Orrery fiirUi'^r told htm, that lord
wr Harry Goim^, lord Sirafluid and
were ifoini^ to do a rash thiu*^ tu favour
' Preteoder, whieli he, lord Orrery, was
for, Utcduse it wonhl prore ahurtlve, and
lis succeeding another time : that Layer
* ' n, who wai* to have the eoinmaudF
Orrery udd hnu, he hehe?ert lord
III Grey wa» to have the oummaml,
. ttie said lord had a c!omniis$iiiu from
that the ford Orrery ailleiL thi«
he wu not popular enon^b, that (he diilte of
Oniiond would he fit for It ; and if they had
him here, hi« lordship bdieved most of the sol-
diers would join him: that he, l^ayer, cmdi*
nned to press lonl North and Grey on ttiis
head, hy telling huu, that be w^ Itttef for a
{Tetieral, and wn^ popular; (he said lord an-
iiwered, no, tlie duke of Ortnond nnn i\\r man,
he was the soldievs' diirling'. That he, Layer,
otVen lalke<l of this ulfuir to the lord North, be-
ing induced so lo do, by the impatieuce he ob-
served in him, and jti lord Orrery, thai socnc«
thini^ Uiould he done.'*
Mfltthew Piunkett, Serjeant of in?aUd*, has
dqio^ed upon oath, *♦ That Layer tohl I '
July bill) that the duke of Orm'ond woti
in a single sliip witli sorae officrrs^ and m;it u
had been don^ long u^^o, if the Frenrh umbas*
sador had not been told ol it^ who toUl it agaiti
to the king."
It appeal^ to your committee fVom sererU
depiisrtrons on oath, a^ well as from infortna-
tiona and written iDtelligfence, that in conse-
fjuence of this design of briuiring ott-r the late
d nice of Of moud, Oil ptain Charles Halslead, a
Lancashire man (who was concerned in the
iuMirrectfun inteiid(*d at Oitford in t^e year
1715,) set sail Iroiii the river for Bilho«, about
the 12ih day of March, 1721 2^, on board the
ship Phineas of* Briiilol, William Arnold, mas-
ter, with a provision of arms and powder on
board, which one of the saifors on uis eXfttiil-
natiou declared, " He apprehends to hare
been greater than waa necessary for an ordi-
nary tt-ading woyage. That the" said ship was
hired at 100/. freight per month, 20Of being
paid in advance (as Halslpad himsejf owued^)
and had no goods nor any passenger on board,
except the said Halstead» who went hy the-
name of No well, and was known to the master
and sailors by that name only, duimg (he vo^'^
age to ^pain. That the said ship was cleared
at the cuhHom- house in ballast for Uhhm ; but
that ivht-n they came into the hay of Discar*
the makter, h ho had orders to follow NowelPs
directions, gave private instructiuns 10 the pil^t
to steir to Bilboa ; that they arreted (liere on
the $5th of March, O. S. and thtit Halstrad
w<>ut on uUore. and lay that uii^'ht at Mr,
^au«e not duly cuiic*^ rted, nor | Biown*«, un Irish mprchani* anil the next day
n forceu, ivilliont which, be i went forv^ard'tiowards Madrid, being furnished
y must be more th«iri mad- I "With horsea hy the saul Brown, on i>hicb
.o Mks thing to etTect for the , journey he was absent uImjoi a turmight ; that
\ ice. That he, Layer, the next during his ab<ience, a report wrh current all
over the town of BdlMia, arid particularly among
the comeuts, that the «aid ship wa4 come to
fetch over the di:ke of Oimond,** And Tho*
mas Carter, one ol ttie sailors ot the said ship,
who was employed hy (iatstead to wait on hiin
as a serf ant, has deposed upon oath, ** That
three days after the said NowelTj^ rHoin, the
deponent heard lum projio^t to go lo the above-
nauieil captain Arnold to carry the bte duke of
Ormond and (bur other passenger!^ to England ;
which the said i-aptain Aruofd rel using to do,
the Stttd Now ell ius»Htcd, saying, tlie ship was
,urd North and Grey, which was
encampment of the troops, aa^uuint-
ith what lord Orrery had suiil HbouL
liie nistineM ot the design ; that loid North
ttrtj ilrry replied^ lord Orrery was a timorous
1 1 was always making dtfficuttie!!, and
Jt of his own braiu; thai he knew
I otdd know ; hut that it wa^ Ids
opinion, the Pretender might he
i y the people of England, without the
( e of any Ibreign force. That he,
' " ' to lord North and Grey of his
general ^ but lot^ Nforlb said, bb so long as be |>aid the btre of ber^ aud the
ssii
9 GEORGE I. Proceedings againti Bishop Atierhuriff
tracres sod \ ictuallinpf, and they had hi^h words
upou it. Carter farther deposed, that Halstead
receired a letter directed to colonel Nowell But-
ler, ivhicb i«a8 the name the said Nowell ivent
bv when be was in Spain. That when the
ship was released, tbey plied off and ou about
four hours off St. Andero, expectin(|^ somebody
to come oir in a boat ; but uouoily comini^, and
nijj^bt drawing: on, they made the best of their
way to England, and arrived in the Downs the
beginning of July last" Allison, who came
OTer to Enfflaud a passenger in the said ship,
bas de|M>sed upon oath, <* That he lefl Madnd
on the 4tb of June, N. S. and that some time
before be came away, the late duke of Orraoud,
-who bad resided a considerable time at Madrid,
iiad sent away bis horses and equipage from
thence, and put his servants on board -waq^es,
and that it was reported be was to go to Ven-
tusilla. That be, Allison, upon his coming to
Bilboa, found the ship Phineas bound for Eng-
land, but stopt ; that he agreed to take his |)as-
sage on board her ; and gomg to the corregidor
of fiilboa for a pass, be found there Mr. Brown
a merchant, and one who went by the name of
Kowell; that Brown asking tne corregidor
why the ship was stopt ? He said, it was not
the ship, but Nowell's person that was detain-
ed, bv orders from Madrid ; that he, Allison,
heard a report at Bilboa, that the late duke of
Ormond was on the coast in disguise, and that
Nowell had been at Madrid, and come back
again in 15 days; the expedition of which
journey, and the ship's coming in ballast, had
raised a suspicion in Bilboa, that Nowell came
over to the late duke of Ormond, on account of
the conspiracy. The sailors observed, that
during Noweirs stay at Bilbua, brigadier Camp-
bell (a person concerned in the Preston rebel-
lion) was frequently on board with him, but did
not care to own his name." The same parti-
culars are confirmed by letters from sir An-
thony Wescomb, who was sent to Simin to
gain intelligence, with several other circum-
stances relating to ships, arms and recruits,
provided for the Pretender's service in Spain.
During these transactions, colonel Stanhope,
his majesty's ambassador at Madrid, who does
not appear to hare known any thing of this
ship's being come to Bilboa, having received
intcllifircnce from other hands, that the duke of
Ormond was preparing to set out for England
with 8011)1* Irish uiHccrs, in order to put him-
self at the hcud of the rebels, obtained orders
from the court of Madrid, to hinder the late
duke of Oiinond's embarkation, as will appear
more fully in the remaining part of this Re-
port.
In consequence of ilipse orders, the king of
Spsin's ofiircrs caine on board the ship, and
laid au embargo u|>on her for about a fortnight,
till Halstead,"finding himself disappainted of
bis design, agreed that part of a cargo of wool
and iron should be put on board the said ship
bv Brown and Slingcr ; and then fetomed to
England with one Maxwell, whom the ipsi>»i
iiDderatooU to be a lelatioB of IIm I
Marr's, and two other passengers, and a
in the river about the 7th or 8tb of July
About the beginning of May, a left
intercepted here coming from Spain, d
to Mons. Dnmville, procurcur, and in
under cover to one Wilmore, at Mr. Si
bookseller near Charing Cross. 'Who is
by the name Dnmville, the committee hi
been able to discover.
In this letter was enclosed the copy of
ter, which the committee have reason
lieve was from the late duke of Orni<
some persons abroad, the initial letters of
name is discovereil by the decypberers to
The letter to Dnmville, as well as th<
of the late duke of Ormond's letter, wi
partly in cypher ; and among the words
cypher several fictitious names were ma
of, which the committee observe is thi
also in several others of the intercepted
referred to them.
It was reasonable to expect, that in m
ing correspondences of so hazardous a i
all sort of art and industry should be use
all the help of cyphers and jarc^n called
disgfuise the real designs, and to couce
true names of the persons concerned, in
to their avoiding the danger of legal con vi
but your committee likewise ol^rve, tb
vera! of these disguises are so groa» an
vious, that they only serve to betrav
selves ; others of tbem are explamed I
skill of difTerent decypherers, agreeing
same explication ; which explication is
confirmed by facts unknown to those p
at the time of the decypheriug. Othe
explained by cyphers and lists of dc
names, seized on the conspirators them!
as well as by comparing toe several pa
their correspondence together; ana i
again by direct informations upon
And, as the degrees of evidence, in a f
of this nature, must be various, the comi
have taken all the care they can to distin
what appears to them fully proved, from
is sup^mrted by strong and probable conje
only.
In this letter to Dumville, dated the 2
April 1722, (N. S.) mention is made of i
ing publicly known in Spain, by letten
Bilboa and other parts, '* That a ship ca
Bilboa, with an express to Ormond, in or
bring Ormond to England ; that the sa
press went to the place where Ormopd
that this made so much noise, that it wi
ccssar^ to send to England with all p(
dispatch ; that a ship's coming with I
only gave occasion to those reports, an
in order to stifle them it was necessarjr
in the ship g(K>ds for England ; that this <
be a considerable expence to Tom, who I
that friends will consider it, and send I
pooriblea greater supply than the flv«
sand ponndi that he wrote for in hk a
dth and iOth of Aoril i thii* *>>« U
tmd others f /or a Treoiomhle Conspiracy*
A.D- IT^J.
rsM
nc mcBQiittre ore
ami KLi,
.1
^
of ojviinon, tliat hv B. is
•■.-. Hrowu htwi iwdvetliua-
" ;!odv for Ihe service ofllic
I . li is nlgo firoveil by the
> ^il wail fieqiientJy id coin-
Brown an J his nc^UtwSf and
,ii his houtie,
'^ kt n utL*ut hy Tom in the saiikletter, tbp
QBafli#e will not tuke upan them to d^Her-
■» ^ K ■ 'ifFe it n id appear probable
»ci 1 the conncxiOQ ami other
Oif^Biwmnc^^j iiiiii It luii^t [fiean ilie late duke
i#(lnniMHl.
TWnrrtnti that irrltes thts letter to Dum-
Hk^mdm, •* Thnt since Blrs. Chaiimoot con-
ft« Qif«t Ormoud at nuy pUce on the road, it
kjitolul<fi% iifC«u«ry that Ormond should
W »« gixxl a preparation of arms as cau be
bit^cTc, Itrr to make it, be will waot
mmtotuKi*^ J I lends/*
tW mttM* [»«r»oti ftay^, that he bad that day
mtm*^ m Ultfr» iai^u^rting^ *' That M
\ gtl more arms it' ht^ had more money.*'
eomrotttee are of opinion, that by M
Ittfltttt 3It^gan, %^ho \t mentioned m sef«i-al
intQ Spain, as in tend ant of the Pre
and trrr
thy ft teiiL
r>d active in procunng'
^ letters are cod firmed
Revolution at Genoaf
I ain 8cot*s letter iVom
the chief care, trying
: which is n^ahi con-
1 Anthony Wescomb
\ ibtt writes to Dimnville, farther
, ** That Oifor>nd bopea Onslow and Ilair-
[lif mil •rmf R [inrt of the money they have
'imond j for Ormond upon
,eni credit to M ; he
lli.miiilc to mind ihis, and not to loie
Wlii Mm meant by Onslovr snd Hawley, the
CinDut urtermine ; but they are
bdiete^ that they are tlie same per-
ls at&otber letter, rocloi^ed to Wit ,
ftdcr, and writ in the same cypher,
lUis decyphcrers to haire the luitial
Vakr ir nanir-
'^ C ami N ; iu
r
tlie naore confirmed.
r
r.iiplunkett, in which
1 liariJT
irr with G. are con-
dr*f»^m
ions on^ beginning*
l^'
• ingin the
1
c KiterN.
1
u.
i ''
I't^ ahoTe- mentioned,
!»•
*-r from the late
I>
^i»ju:ntto Ditm*
;
itnid men*
^
^
uat bm had
procured ten tliotisarid ariui, and ridrisies the
joining sti>ck8 with II , since th<*y cannot
linre too many arms ; and aay« he con only
depend on two thous&od arms frotu M—*< —
(Morgan probably); but thnt he could hira
had mure anns, ii he had had more money.
The committee observe, that thin account of
lO.OOD arms [irocured by D , and of $,0(K>
by M — -, oirrers exactly with an account «ent
600& aftt;r from Mr* Stuubope at Madrid^ and
confirmed by sir Anthony IVescomb, th&t lijOOO
arms were lodge<l in the bands of Drown at
Bilboa for ihe Pretender's service ; and thot
Morgan was ordered to the Bay of Biscay, \m
order to transport the t»aid arms to Et};;laud«
The committee take notice likewise, that
the very same number of arms is meuttoneil
in a letter, writ, as tbey have good reason to
believe^ by Georg^e Kelly, lo general Dillon's
secretary ; and the arms are there spoken tif,
as provided by ^Iansfield*s relations^ which
name Georf^e' Kelly explained to Ncynoe t9
mean the Ute duke of Onnond.
The circumstance of Kelly's mentioning
these arms to Dillon's secretary, makes it pru^
hable* that by D. in Oi'mond*s letter, is meant
Iho said Dillon, who, as your committee are
informed, is an Irish Roman Catholic, and
quitted Ireland on the capitulation of Limerick,
and is at present a lieutenant-general in the
French service, and has the command of one
of the Irish regiments in France; and he ap-
pears to your committee, from several parts of
the intercepted correspondence, to have the
chief management of the Pretentler^s affairs,
and to l>e the principal agent and director of
carrying on this conspiracy.
Ormond in his letter to L—^-* afterwards
says, *^ That since the parliamcut is dead and
gone, he thinks it will be a good time to make
an eftbrt when the elector is gone to Hanover;
and adds, I hope you have agreed with U
the time of going'for £n;^Iand, and when that
is fixed between Mrs Cbaumout, and D ,
you will let Ormond know the place of landing
m England. I desire an express niav be sent
to me, with particular accounts of what is
agreed on." This, tlie committee take noliye,
ogreea with Mr. Stanhope's intelligfoce, that
Ormond was going for England, and likewise
with intelligence aent from llome, that the
Pretender was to embark, as noon as I wo offi-
cers, relations of the late duke of Urmond«
should arrive at Porto l^ingone ; which cir-
cumstance makes it not improbable, that by
Mrs. Chaumont may be meant the l*retendcr«
la Che same letter to L , Ormond «ayf«
** I have ordered II *s ship, that 1 de-
pended on, to return to England ; it was not
proper to make use of tt, tor reasons not ne*
ce»(sary to trouble you with. There was ne
* ' lecaus<.» ctf ' cr-
j^vtitng t' '
linii l*k**"' .j.'^ f J Lin i."'lJ
evidently rHatc^ to ! '
mentioning his cendifi;,^
Upon
he im-
4
^
mv'hiirty adds, »* 1 have Of d*rtd H r'«<lkif
•35J
9 GEORGE L Proeeedingi agamti Bishop AUtrhir]/^
to come to A~- ;" which agreett exactly uitli
Mr. Stanhope's account, that Mor^ao'a ships
were ordered to the bay of Biai^a) , to traDS-
port to Eoij^and the arms above- mentioned,
togfetlier with Ormond, and what officers (*ould
be got ; and it appears by subainiuent letters
from sir Anthony Wescomb at BJlnoa, that the
said ships, under the command at Mnr^ij, did
put in at Sainto Andero, which the committee
understand to be the niace meant by A—, to
which Ormond says oe had ordered M 's
ship to come. Tlie said ships'havingf put iu at
Andero, ami staid there fiUeen days, is a£>:iin
conGrmed by a letter from Genua, writ b^
captain Gardiner, who commanded the ship
Revolution lately taken.
Soon ailer this letter to Dumville, another
was intercepted here coming from Spain, di-
rected A Monsieur DodsworUi, not signed, en •
closed under cover to Wilraore as the former,
and writ in the same cypher ; the most ma-
terial paragraph of which is thus explained by
the decypherers.
** I aaust again entreat you to use your ut-
most endeavours, to get tlie 5,000/. from friends
returned to O directly ; the hopes given
by G to I'xpcct a ^reat sum, and by N ,
that he had raised 20,000/. induced O to
supply M , and to make other necesNary
provisions- If Uiat money be nut returned, it
will fall heavy u[M)u O , and he will be
disabled from answering the expectation of
friends, therefore ought to be your first and
greatest concern. All other actions are trifles
in comparison of it ; for the hopes of success
depend principally on O . I mentioueil
thi^ in former letters, and friends are desired
to return more than 5,000/. if possible. If they
do, more arms and amnuinitinn, and officers
can be had here ; and the end of raising money
by friends, is to procure arms, am munition and
offir^i-s."
To whom these letters were writ does not
appear ; but the committee observe tliat they
are writ in the same cypher with three letters,
which they have grounds to believe were from
the bishop of l{;ocliester. They observe like-
wise that the same cypher is sometimes made
use of by George Kelly.
Mr. Stukoe the bookseller being examined
about Wilinore, under wiiuse cover these
letters to Dumville and Dodsworth came en-
closed, could give no other account of hini,
but that he was one who once writ a letter tn
hin shop, and desiretl him by a letter, (<ated
Epsom the first of March, 1723. to take in
committee of lords of the conpcil, dfid
** That tbe first design in the sprinjf w
have been executed in London by setsini
Tower, and that the late duke of Onnoni
then to have landed in the river ; but
discovery of the plot, and the Idng's not |
beyond sea, it was put offlbr some lime;
the bishop of Rochester, lord Orreiji
North, and sir Harry Goring, were the
cipal leailers and directors of the whole da
and that Watson (whom he took to be tfa
earl marslial) had told him, lord Nortl
Grey was thought of for the commtand."
On the 29th of April, O. 8. inUdlii
came from France, ** That the week i
the late duke of Ormond had made ap|
tioii to til e regent by a person of great
tinction, for leave to pass through Fr
under a pretence of going into Italy ; bnf
the regent had absolutely refused him, a
the same time had di<i*patched the nece
orders to the fronticni of S])ain, to hiodei
from passing either Ojieidy or in disguiaw.'
On the 2ud of May, O S. sir LokeSd
seiitaflvLce, *< That one I^icsley had becnii
ing out for lodgings at Paris for the late i
of Ormond ; and on the 9th, that aldei
Barber carried with him bills of exchange
50,000/. sterling for the Pretender; and
the same sum wa^ si^nt to Ormond by anc
hand, to %*\v:. ,\\.' hm) to m»kc the heoei
preparations in Spain and Italy." The (
inittee obser\ e, that this agrees as to tb
vision of the money, with a passage m
ther letter from Dillon's secretary to Ge
Kelly, dated the second of May, N. S. w
will iie farther explained iu its proper plao
On the 2drd ol May, O. S. air LukcScl
sent ailvice, ^« That the late duke of Om
was to s«H out from Aladrid about tlie 20i
that month, with his family', without its b
known whither he was going ; that it wai
lievkd he would give out that be was goin
settle at a certain distance from Madrid,
whence he might steal away afterwards
observed."
On the 28th of May, O. S. Mr. Stan
writes word from Madrid, ^* That having
intelligence to be relied on, that the late <
of Ormond intended speedily to pa^ into ]
land, with a great number of Irish office
that time in the service of his Catholic
jcsiy, in order to put himself at the be
the rebels there, and for tUai parpose w
set out from Madrid the next day, uniler
tence of ij[oing foi- the rest of tlie suiami
1722,
such French letters as should come directed to i V'-ittosilla, a house of the duke of Medina
him; and by another letter, dated Harwich j half-way bet vie<*n Madrid and Bilboa, b
the 14th of May, desired him id take in no | reality to be thereby reailier to pass to
more ; that he, Sioko<>, did rect ive two letters i port, and with less suspit ion li emiiark
from abroad so directeil, which were letche<l
away, and paid for by persons to him un-
known.
That the late duke of Ormond was ex|»ected
to head an insurrection in Engiaiii!, is faituer
ConBrmed by the following particulars :
Neynoct upon bis •Kaniaalion betore .a
thence for Eugland, u heuever mattcn si
be ripe for h.s so doing; >jt' made applie
to his f?atiiolic majesty iiy the aian|ui
Grimaldo, for orders to oe sent to all the
of Siiain, to prevent tbe said late duka^
barking with tbe officers above-n — *^
and received a letter tram Iht ,
8S7] «nrf others^ Jbr a Treasonable Conaphacy. A. D* I7SS.
tSSB
(a copy of ithicb it annexed to Ibis | iioned, ti£. tbe bishop of Rocbester and lord
1} meafoinijiag birO) that Ihe kio^ of
Had directed tacb orders to be issued,
ttd wiEi read J on all ooctsions, more particu*
Itflj 0m tbb wbicb regarded tbe quiet and
twlMmiai^ of bb BriUnnic ntajesty*s king-
dm«, to oooirilHite all in bia power towards
Ui amje^y*^ satiafaction."
Aadrew' Pander, formerly captain-lieutenant
«f krd Cobham^s dragooQi, bas deposed upon
wik,'** That being g^rown intimately acquaint-
«l wik 8keene (now to custodv) a person re-
Iril/tO MaiT^ and en^raged in tbfi rebt^liuns of
I nnd Glenshi'fld, Skeenc began to ac*
bim, about June Ini^t, that there was a
carrying^ on in England for plscluef the
■ ~ OD tbe ibrone, of wbicb he at diffe-
totd bim tht! follovring" parliculurs:
or eight battalions oF Irish l'o<jt, double
, were to have come over from Spain,
were quartered upon the coast of Giilli-
ttiat purpose ; ibat the nine Spanish
ofv^mr which ha?e joined the Dutch, and
~ lo have been fitted out at Barcekotia,
at AticanU (ss he best remembered)
. all sixteen Span is b men of war, were
been employed in this service. That
troops were to hate landed either in
wall, or near Bristol: Thst there were
«tand of arms in Great Brit:im, part in
IcOllftodf other part in London, other part in
Sriiltfli and other part in Cornwull. That there
were 7 or 800 men, with ofEcers among them,
m LsodoQ, iubsistet), and in readisiess for such
•i oeeasion. That a sum of 200,000/. ha^l
Im9 raised by contribution for carrying on this
desiifi), snd put into the management of the
IMap of Rochester, who with tlie lord North
aid Grey were tbe leading men among them ;
mtA Ibat tbe lord Strafford snd lord Kinoole
kttfw Uie tbtog* Th^t the managers of this
sJhir in Spain, were the late duke of Ormond
■Mil ttie late earl marisbal ; and those in France
tbtlaie lord Marr, and lieutenant genera! DiU
tea. That tbe court of Spain was in their in*
tcrest, but as to the regent and cardinal Du
Boiit tbey ooutd not tell what to make of
Ifcnii: Thai this design was to have been exe*
«ned iome time af^, but was then disappointed
1^ tlie regent : That the late duke of Ihmond,
Wbi liir late earl marishal, were to bare cume
villi cbe troops beforementioned from Spain,
lad tlie Pretender about the same time was to
Wre lefl Rome privately, and to have lain con-
ailed somewhere near, from whence be woidd
lire come over when there bad been a fair
f»ss|iect of success. That as to any opposition
tbty could expect, we had but 14,000 men in
ill, of wbicb 3t000 vrere necessary to guard
Jjodoo, 3,000 more for Scotland, and S^OOQ
iir ibcfi^rrtsons ; so that the remainder wotdd
isivor dnre to attack those who came from
8p^n : and, in the confusion, their (meaning
Icoder's) friends would have been able
ipoi together, and made a bead. That
aooduet ol' ibis afisir there passed little
Ib trriting, and oolj tlie tear lords before i
VOL. XVI.
North and Grey principally, and lord Stra^bnl
and lord Kinoule, were concerned in tbe ma»
Digement of it here. Tliat the husioes» was 10
have been done before tbe Dutch troopii could
come to our asststunce.'^
The committee have laid these several parti*
culars together, though of different dates, that
the House may see at one view, ihe ifason
there is to believe, that the late duke of Or-
mond was to have landed in Englamt with otH^
cers and arms about the time Uiui it wasgme*
rally supposfd his majesty intinjdcd lo go to
Hanover, The reason of Ormondes nni com^
ing, is sufficiently explaint^d by the orders is-
sued at Madrid and in Franre, by the king's
not going abroad, and by the discoveries, 8nd
disposition of the forces made in Enirland,
And notice is taken, in letter!^ to one ot hi!* ma*
jesty*s secretaries of state from Rome, that a
person of great distinction at thai place, bad
declared it as bis opinion, that the grand pro-
ject formed in the conclave for placing the Pre-
tender on tiie throne of Britain, was going to
he put in execution ; but that the same person
afterwards assigned four reasons for its baviu|f
miscarried ; which were the xvant of money^
tbe suspected faith uf the regent, tbe want of
skill in thoRe who were to coudiurt it, and tbo
pUBillanimity of the Pretender, who, to avoid
ba/ju'ding his own person, piO|i06ed to setid bhi
child : which lost particular is again mealAoned
in another letter from Rome.
The committee now return to shew whtt
other evidences they have before them, of m
design laid for beginning au insurrecdoa ia
London, at the time when it was supposed the
king intended to go to Hanover.
About tbe latter end of April, bis m^estv
received intelligence from abroad, upotJ wbidb
be can entirely depend, '^ That a design wis
laid for bringing jn the Pretender, which mum
thought to \S^ so welt concerted, and conducted
by persons of such experience, that if the secret
M-as but kept, as was proposed, the success wae
looked upon as infiillihie ; and that it was to be
put in execution uboiit the end of April, or be*
Grinning of May," The original letter contain-
mg this intelligence, has been commuDicated
to your committee, and an extract of it is aa*
nesced to this Report.
On tbe S^tb of April, tbe same intelligence
was repeated, with these farther particulars,
** That tbe conspirators did no longer think tt
iiecessary to insist on foreign assistance, flat*
tering themselves that great part of the king*e
own forces would declare in their favour.
That they now contented tbemielva with de-
siring tbe regent should observn i neutralitj
between his majesty and the Pretender ; aud
that lord Lansdowne was l^* preseot| or cause
to be presented, a memorial to Ihe regent lo
this enect, that day or the next. That the de<
sign was probably to be executed in London |
that the beginniiig of May was the time 6xed
00 ; and that the FMeader wli» speedily to set
oi>t for England.''
I
I
I
939] 9 GEORGE L Proceedings againsi Bixhop AiierHurf^
[340
' Your committee do not find that tbe above-
mentioned memorial was presented to the re-
gent ; but in letters tr«)m Plunkett to Dill(»n
they find the same repeated id these words ;
'* If the regent stands neuter, we will soon
bring the law-suit to bear :" which Layer ex-
plained to be the Pretender's cause.
On the 24th of April, O. 8. Mr. Davenant,
his majesty's minister in Italy, Kent an exprtfss
from Rome, with advice, *' that the Pretender's
adherents were making preparations in Cadiz,
and other ports of Spain, for an attempt on
£nt;lBnd ; that the Pretender was speediljr to
embark at Porto Longone, and was retire<l
from Rome for that purpose:" And it appears,
that the same advice was soon after coiitinned
to his majesty, by a foreign minister residing
in England, who receive<l the intelligence Irum
a person of great distinction abroad, and com-
municated it to his majesty.
On the 9th of May, Mr. Craufurd, his ma-
jesty's resident at Paris, writes word, *' that
the Jacobites in France expected soon an in-
aurrectiuii in England, which was to be begun
by the heads of their party here soon a(\er his
majesty's setting out for Ilanover, and was to
be supported by Irish officers and soldiers, who
lay ready at Cadiz, besides such as should be
able to pass over into England from France by
stealth:" and in his letter of the 26th of May
O. S. he adds, ** that the grountis of this ex-
pectation were assurances given from England,
that the conspirators would immeiliately make
themselves masters of the Tower, and city of
London."
This intelligence agrees with a paper deli-
Tcred to the secreuiries of state of July last, by
one of the lords of his majesty's council, who,
as they have certified, assured them that a per-
son, whom he had good reason to believe to be
deeply concerned in the conspiracy, came to
him in the month of July, and brought him a
paper, which he affirmed he had copied by
stealth out of the scrutore of a noble loni, whom
be refused to name ; and that the said person
writ out a fair copy of the paper in his pre-
sence, which contains minutes of resolutions
taken at a consultation, and is in the following
words :
'* R. That the arms be dug up immediately,
and dispersed in suiall uarcels. BeeininSuulU-
warS, Wbitecbapel, napping, Holborn, and
Smithfield. March into city. Possess the gates.
Against the horse, barricades in the narrow
streets, especially at both ends of Fleet -bridge,
bhoe-lane, Fetter- lane and Chancery- lane.
Possess St. Clement's church-^ard by a party
from Holbori). A strong barncade in the nar-
row part of that titreet. Line the two first
stories. Bricks, stones, &c. may be useful in
the upper rooms, and may be thrown by women
and others unfit to liear^arms. Lighu'rs with
ammunition under coals lie at Blackfriars and
Milfocd-lane. No. depeudance or assistance
from WestoriDSter and tliose parts, except some
few by water, the cvmmunicatioii being cut olf.
iletaaga to ibt lord mayor bjr thm'lmdi*
Proclamation made to olilige all who ahall not
c(»me in. to hriiig in their iniiskHs, aud militia
arms. Declaration ready printi'd, to be dis-
persed among the |ieople. Twenty -three offi-
cers of the Gucinls to be depend<*d on : a g^eat
many others welt affected, espeoialij the com*
mon ceiiiinels. l)a}i resoUeilon Apnl theSOlb.
R. Tbat forty deie: mined iH-mnns he imme-
diately pitched iipt>n, armed uiih Kttords and
pistuls, to execuie all ordent; and iliai for tht
siilMistence ot tiie Ksid 40 ^enikiiien, money
be advaiiceit out of the fund, ai the rate of 7t.
jHT diem for tiiuti hikI iiiin>e. (JuiniDaiMter in
chief lord N. Ipiif se^eii ill the morning."
" Dis: C. \V. M."
The committee make nodoulii bnt the Homa
will readily observe iliui this iSriieine, drawa
up in April, and delivereil as Hiortvaid to ona
of thelrtrds of the rouncil in July last, has a
near affinity with that of Layer, and appeaiw
to he the grounilwork of it, though Layer de-
nies his having ever se«>n any such paper of
resolutions, or having received any iiis-ructioBi
relating to hisHchenie, except fnmi Wifann a '
surjgeon, Murphey a physician, aiNl While a
Serjeant.
The committee likewise observe fronii Ibis
and Layer's Scheme, as well as from a letter
of Sample's (of whirti notice will be laken ia
its place), that the involving the city uf LumUA
in blood and confusion, appears to have beA
universally understood and ogreed on andoof
all the conspirators, as the first step to be takeo»
and the foundation of their future ho|ie8.
By another paper delivered in July last by
the same person, it appears, that when tlia
stroke was struck in London, there were to b«
insurrections in several counties of England ;
and that the numbers of gentlemen and private
men, to be depended on both in liondon and
the country, were coinpute<l and set down: and
the committee observe, that the extending the
insurrection to the country, atler London was
seized, makes likewise a part of Layer's-
Scheme, and Sample's Letter.
The committee liirther take notice that in
these Schemes, as well as in Pancier*s Depo-
sition mention is made of great <piantities of
arms concealed for the use ot the conspiraton;
and Layer having confessed at his examinatioa
before the lords, that he supposed there wefe
arms provided, and thatCreen the gunsroitb
being in company with lord North, had men-
tioned 6,000 arms, and 7,000 arms, and in-
sisted, in contradiction to bird North ««ho \ni
him hold his tongue, that there were 6,000
arms ready in the city ; the committee exa-
mined him particitbriy on this head, hut voM
draw nothing more I'rotn him, than that Greea
had told captain Bonyn at hml Nunh^s, that h*
could help him lo 5 or 7,000 arms at an hoor^
warning. And though your nuiiuiiiteeislitP^
satisfied that no care haa lieen wanting r^
where to disoovcr these arms, and lo ^^
eonspiramf m eo eaeei
llMyeaHNtMtM
mnd oiherSf Jhr a Treasonable Cmtspiraci/^ A. D. 17^5*
i9t»
I |tf4»«r
L'ritlciirourii bare
ml r further, itiftt in the
rytp#* ♦rf«oluiiou.'5, nii'uiiou is made ofii fund
l»r(tvidt<K and of a great uufuber of
I p* I ' ' in Londua for (he
■fvlHch n d-i >tvtr tilted on abd o(>*
fmttd, an*! ii ^uder iti chid" knovim.
Ak^Wii mvtet^l ,,,.P^,uUr$corr^|Kind exactly
«iA^ intrlligrnce received at the aaooa time
fi^«IlfOail, uilh Paiiner's deposition, with
9^ij^fvTu\wtit^d bid Orrery had told him,
All hm Uetiefed lord North mid Grey had a
cafBgnaaaUio IW 4>Qiumai)din|r in ehief ; and with
vImiI N'cyooe Wfta told by Watson, that lord
Htnh aad Grey wan thought of for the com-
Bnsd ; «» likrivite witli what was told IVfatlhew
Pkiolu^t by Layer aod John Plunkett, that
knl NnHli and Grey with others^ were ready
^beftd AH insurrection.
Yoyr emsfuittt'e h8vin§r thus laid before you
tW g^B^fil ifridencef which convinces them
a dottgn Wis lurtaed by peraons of dis-
''^ J^ invade these kiiigdoma with a
Iwce; Ihat beiiij^f disappointed in this
a|P«nalioa» they stilt urrstii^ted to make an
iiUfiii»t, Mil 1 1 fiicli omeers and soldiers as
Md f^ I) n cured pujutely fi^m abroad ; that
J
f Oruiond was to have tuudeij
'?« and to have been followed b^
; that arms and money were
men !»uh!»ii»ted for this wervice ;
L til? II WHS to have been lie^^fun
im l»ii<}<n jce to ha?e been extended
^mr ' litm. Thev will now pro*
0«»-: M\y to ex p fain the sevtral
fan; c i^iiders and infenor agents op-
fnr ik«li in conducting this design,
tafxx _- ,. *«mecnn he collected IVuui thif
klcrccptrd carrcfapondencei and Other papers
iderrvd to thetn, and from the exarninatuias of
1^ |irT»an« ronc'Tni'd ; by which it will farther
ftppc^ In lb* Huu>«e» ttial the design was cou-
icuted in alt |i.irb), without any
itiou nr iutL'nniiiftion, than what the
Xei^ their atfairs, and the diiicoreriea
ie«'d thcsm to, tn orikr to lay their
fteasiifr-. .iid txi make the success of
iWm mr : and that the enterprize^
' ' " r the sprini^, was
exrcnfion at the
t the belpof offi-
if they could he
T "f^^U nfsuch fkhiUty
I to be a* I {it and aeduce atnon|(
la nmt ^i^ * s.
riier (as it is nntnral to be*
*<'lvt?g from the danger of
*^****' i^ge their corres-
tif perioni of a
^;»eratc for*
ipeihe ob'
r no nth«r-
i rtpoicU ia
The committee think proper to Ijike Dotice,
that of these inferior Oifenlt, Lnyer appears Ut
have tieeu prtncipallv enirusted by lord Nortk
and Grey, and lord Ctrr-ery ; aitd ihat Pluukett,
who travel leii wit It Layer to Rome, and w boss
trcawnable practices and correspoitdmces are
closely connected with those of Layer, writei
of hinisiLlf as transacting part of his treasons
with lord Orrery's ! v^- nd sending frequent
accounts to the I ^ iigeot^ abroad^ of
matters relating to ^i.c ...u4 li>td.
George Kelly, a i>on-juring clergyman at
present (though in the late queen's titoe, tht
committee is infortoed, he took the oaths to
the governruent, and hkewise the abjuration)
uppears to have been the person principally
entrusted by the bishop of llochenter, and to
ha?e been employed in writing for him, and
conveying letters to him, until the time that he,
Kelly, was first taken into custody ; after
which it appears to the coiamiitee, thalThomaj
Carter, aoother non-juring clergy mnii, wag
etitrti9ted md employed by the bishop in tbt
same manner. And the committee obaer?e,
that George Kelly's correspondence haaaGlostf
connexion with that of Dennis Kelly ; and
likewise that he appears to have been privy to
Pluukett'sand Neynoe's traniiactions.
The person em ploy td by the duke of Nurfolk»
tn conveying letters heiween him and George
Jeruegno, an agent of the ^Pretender's in
Flanders, they find to be Mrs. Spelnmn, atiaj
Yallop; who has hkewise owned her convey*
ing letters in the same manner between Mr*
Harvey of Comb, end one Moor of Brownlow*
street, and the said Jernegan. The committee
libserfe, that John Sample acted under tba
direction of Mr, SempiEl (commonly called lord
Sempill) and his son at Paris, and that he wroU
letters to the late duke of Orraond and the IVe-
teoder; but whom he trriu^acted matters wttk
in England, your committee do not i]nd| by
his examination, he would declare.
The committee farther observe, that thig
treasonable correspondence extended itself into
Scotland; that Wilham Erskine remitted
money to France for the service of the Pre*
tender^s friends, and had a letter under the late
lord Marr*s hand found upon biro, when ba
was taken iotij custody. That Mr. Cockran,
itow in custody, and others of that country yd
unknown, were concerned in the same trca*
Bonable correspond en ce, carried tm under the
same fictiliouH names and eX[)re^$ion« that are
made U!>e of by several ot the corres|KJndeutg
iu England ; and that the same cant was like-
wise made use of, for the §amc purposes, by
persons in Ireland. That all these several oe-
gocialious and correspondences concurred im
one romnvon design, of »lirrmgii|i an insurrec*
tron in tbesti kingdoais> aod placing the Pre«
tender on the throne.
The committee have thought it proper to
lay before the House such pariicular* as occur
to them relating to each of thi*sc ncg<K-ialiouS|
and tq begin with those of Layer and Pitmkett,
at bctikg doidy ooui^ectod witb odc at^tbcr,
4
4
I
4
4
343] 9 GEORGE L Proc$edhigi agahd BMop Atierhay^ [8M
of Dixwdl and Diglnr ; mud thst hj Um ■•■•
vf Joseph, ia the laiif letter, u to be imdenlood
the Preteoder.
" That be and Plunkett arrifod at Rone the
latter end of May 17S1 ; and that after he had
been a day at Rome, he aent to Francis Ken-
nedy, secretary to the Pretender, to lei kSm
know he shonUl be i^lad to aee him, and IDM^
new aoquaintance with him."
Beinif asked when and where he 6ml be-
came acquainted with Francis Kennedy, he
said, « That Kennedy has a brother, lecwtary
to the late duke of Ormood, with which bre^
ther he had some acquaintance ; and he thinks
he has formerly been in Francis Kennedjy'^
company at London along with the other hrs-
ther: But as to this particular he cannethe
positive.** This is what he said rdatinj^ to
Kennedy at his first examination; and your
committee observetl by his behaTioor, that he
was under difficulties how to account Ibr his
applying to Kennedy, not having owned at that
time he had any directions so to do, and btfar
willing to have yourcnmmittee believe, that m
jonruey was not known of at Rome : BiitiAv
Plunkett's examination, being uncertain whil
Plunkett might bare confessM, he thou^^ it
pntper to be more open upon this head, thoofh
contradicting in some measure bis own Jonner
confieasion. He farther said, ** That upon his
sending to Francif Kennedy, as above, the
said Kennedy came to his lodgingii, which at
the same time he said be was surprised at, it
being in the face of all the English gentlemen |
but that Kennedy told him, he needed not he
uneasy at bis coming to hb lodgings openlyy
since he frequented the company of all the
English gentlemen that came to Kome, with-!
out distinction. That at the first visit he de-
sired Kennedy to introduce him to the Pre*
tender, which he promised to do. That Ken-
nedy came to him again the next night, and
promised to introduce him to the Pretender pri«
vatcly in an evenuig, so that nobody should be
able to prove his having been there."
And when he reviewed his examination, being
asked by yuor committee, whether he
of any letter to Plunkett* on their first
to Rome ; and being aKked it in such a
let him understand that they knew from
and set on foot earlier than it yet appears the
others were ; and as being likewise what the
House thought fit first to refer to the examina-
tion of the committee : and by comparing the
substance of the papers, and exammationa of
these two persons together, the House will be
enabled, at one view, to tbrm a true judgment
ef the sincerity of their confessions.
Before the committee examined Mr. Layer,
they acquainted him that the several qucsUons
they intended to propound to him were reduced
into writing, and that to avoid all mistakes, his
answers should be so likewise, and before they
irere repuited to the House he should have the
Eerusal of them. Acconliugly he did review
is first confession to the committee, aud made
several addititms aud alterations, which will be
taken notice uf in ilieir proper places.
Mr. La^ er has owneu partly to a committee
of lords ol the council before his trial, and partly
to your committee (as will appear by reference
bad to his several examinations annexed to this
Report), " That being bred up under an uncle
who was a noti -juror in Norfolk, he early imbibed
those principles ; that having a private affair
to transact at Venice, this and a natural inclina-
tion and curiosity, which he had always had to
see the Pretender, carried him on to Rome ;
that he set out from £ngland on the 1st of
April, 1721, in company with John Plunkett,
now in custody, who went sometimes by the
name of Rogers, whose expences he bore on
account of his being useful to him, as speaking
several languages. That he believes from the
time of his first acquainting Plunkett with his
intended journey (which was some months be-
ibre their setting out), the said Plunkett, in
erder to magnify his sert ices to the Pretender
and his adherents, might write to general
Dillon, and others of them, that he was going
to Rome with a friend, and that his aud his
friend's journey would be of great consequence
to the Pretender's affairs." Bui this particular
be did not own till the review of his examina-
tion, when he found the committee were ap-
prised that notice had been sent to Rome of his
jonmey ; for be insisted at first that his journey
to Rome was purely accideutiil, and not con-
certed with the IVetender or any of his agents.
He farther owned, *« that in their way to Italy,
they uassed tbrougrh Antwerp, and that Plun-
kett there received a letter from general Dillon,
which he shewed to Layer, directing them
whom to apply to on their arrival at Rome, to
introduce them to the Pretender." And on his
reviewing his examination, when he found your
committee were in possession of that letter, he
owned, ** That Francis Kennedy was tlie
permo they were directed by Dillon to apply
to.'* A letter to that effect lieing found among
Plunkett's papers, signed Dixwell, and the same
being shewn by your committee to Layer, he
declared, ** That, to the best of his memory and
belief, it was the very letter which was shewn to
him by Plunkett at Antwerp, and aflSrmed by
Plonkett to be from general Dillon: Tha be,
Layer, betieres DiUun gocs^by tlie nsflMsboUi
Whom it came, and by whom it was writ ; then,
and not till then, he owned, '< That he believed
Kennedy delivered to Plunkett a letter under 2
the Pretender's own hand, when Kennedy and J^
Plunkett were alone together; for the next i
morning, as he. Layer, was in bed, in a room !
next aogoining to that where Plunkett lodged, 1
Plunkett came to his bedside, and told him with t
seeming satisfaction, that he had got a letter «
under the kiog^s (meaning the Aeteade^.4
own hand ; but that Kennedy never aaid sal
word of this letter to him. Layer. That Fir
kett shewed him. Layer, the said latter, *
whole of which he bnieres to hate bsen
in the same hand m whieh tfaa MH^ ^
taken amongst bis psMSsat V^
ligMd, wUefa ha Uttnw Mik
fjedT oihers^Jbr a Tftoionabk Conspiracy, A. D- 1728.
the sutratance of the letter
Itte t»««f«r, Francis Kennedy, would
t Pl u ti Re(t to the Pretender, He said
^BOt |»c; |voeiltve whether it wns said in
t.limt Renni^dy would introduce
or whether he himself was roeo-
to be introduced by Kenoedy.
told him he saw the Pretendtfr
t**"^ Lay er wa^ i n trod need to him/ '
*i^l letter has since been delivered
*tr*ittee, wilb the depositions re-
^y "vthich it appears, that Plnnkett
wtib other papers to one Mary
^^ Michaelmas laat, which was near
Layer's btinff taken np ; it is dated
tn, si|E^ned James R. and directed
^Ht, and is in tbefotlowiog word«:
I ^fia$ IS o&ly to direct you not to mention
'"^ of biMJQcss to any body, till 1 have
1 bare not much leisure to*ni|^iit,
ftisiti; but however J shall be glad
itlor)€, and a^ree with you the roost
^«iy snd manner for your companion
i 10 meet, Tiie bearer Fr. Kennedy will
Oti »»'T^ nrivately to my house to- nii^bt
iunkelt.*'
•mimtlee nfwcffe from this letter, as
I other papers before them, what a
truM ttiid confidence Plunkett was
[^lo (notwUhiianding he %vould endea-
' V preiaeot ajtpearance to make it seem
f and perceive likewise by tliis letter,
1 Layer's journey to Rome bad been
t to the Pretenifer as an aflair of
■nee.
titer said, «* That Kennedy, in hb
nt| appoiuletl him to meet him and
aye in llie ^I'^uare before tiie Pre*
at ten the next ui^ht ; that he
I there, and that thev conducted him up
IpMck stairs tu the Pretend er/'
llbe committee proceeil to ^\we an ac-
Vihe contersation which Mr. Layer
with the Pretender, they think it
f obaerve, that a mo n^ Pkuiketi's j>apers
1 two foul draughts of letters, which
i to be Ptunkett'H hand-writing, which
light ttf the (jccQsion of his and
nmeyto Rome. The 6rst is without
tion, but appear* evidently by the
) have been writ to the same persoD,
\ thesaroe time as the second, which \s
\itd of March, J7'i1, (about ten days
I »nd Layer's setting out) and directed
on, which name is found in a
amon^ Plunkelt's papers, and
to be his hand -writings, to de-
der.
t of these foul draagfhls are these
' There is one that sets out from Nor -
k a few days to let yon know they (that is
era, which he explained to Layer to
the Tories) will stand by you oofHrca-
I: He only stays for roe, and oflfen to bear
, fo that I ihaLl wait on joUi and
CS46
have the iatisfaetioD to tdl voii by word of
mouth what will be acceptable. He carriti
the List with him, do doubt on it you may havfl
many such now.**
In the letter lo Jackson of the 22d of March
are these words: ** The gentleman I men-
tioned to yon formerly, is come out of the coun-
try, with instroclions to wait on yoti, and
tender you his service. Ue olFera to bear my
expeoces/'
From these pafsa£res compared with the
ktter received by Plunkett trom Dillon at
Antwerp, in which Dillon says, *'■ I have sent
Joseph advice of your journey, in whtch I
wish you and your companion, tboug^h un-
known, all happinesa i" And then directs him
to apply to Kennedy at Joseph's house for in-
troduction ; and com[»ared likewise with the
Pretender's letter to Plunkett, iu which he di-
rects him not to mention any thin^ of businesa
to any body till he had lyeen him alone, in onler
to a^ree with him the most private way and
raanoer (or meeting his cotupanioa. It appears
to your committee to be moat evident, that
Layer did not undei-take so long* and expeoaive
a journey on aocertaio profl|iecis of privala
basinets, or out of mere curiosity ; hot that hts
Journey was concerted with the Pretender's
friends at home, and noiitied to the Pretender
and his ag'enttJ abroad ; and ibat be carried over
with him tenders of service to the Pretender
fvom persons in England, as likewise a Liixt of
names, which was of such importance, and so
well understood and expected at Kume« as to
be mentioned by Plunkett in one of his letters
to the Pretender, without any other desenptioa
than barely ihat of the List*
The committee IhoUf^ht this observation ilia
more nece&^^ary to be premitetl, liecause Layer
did of himself own to them his giving to the
Pretender a List of names, and the Pretender^s
asking' him at a second interview, nhat he had
to say to relation to his Lifit ; but yet «n*
deavoured to explain that affair in such a
manner, as your committee apprehend to
be no ways consistent with Pltinkeit*» foul
d ra u ff h t» abo ve men t w neii ; nor w i t h 1 1 1 e e xpec*
tation<» Ihat seem to have been raised in the
Preteuder and liis agents, from Layer's and
PI onkett's journey.
La^ er told your committee, *^ That on his be-
ing introduced to the Pretender by Kennedy
and Haye, as above-mentioned, the Pretender
asked htm the occasion of his coming, and
nhether he had any crtdentials from ptople in
England ; that he answered, Nothing; but cu-
riosity, end a desire of pavings my duly to your
majesty, has brought me hither. That the Pre-
tender asked him, what lords he wa^j ac<|uiiinted
with ? To wbich he answered, none, bitt surh as
be was concerned with in the way of his profes-
sion. That the Pretender a^aio expressed him-
self surprized at liis having no crcdt^nlrals nor
recommendations frtrm any person in Kntrlttod ;
and said, This journey must have bteo very ex-
|>easive to you, I believe it cannot co»t ynu le&s
than fira buadrad poutida. To wfaieli hd at*
1*7]
9 GEORGE I. Proceedings against Bishop Atterburyf
twered, That a private afimir, which brought
him to Venice, would have defrayed the ex-
pence, if it had succeeded ; but that being dis-
appointed in that, his inclination drew him on to
Rome, to pay his duhr to the Pretender, which
he had long bad in his thought, so took this
opportunity of' doing it. That one Plunkett,
who was now in RiNne with him, had often
told him that he need not fear being introduced,
or to that effect. That the Pretender said, he
believed that Plunkett was a very honest man,
and as proper a person as Layer could have
had for a companion."
The committee observe, that what is here
said conoeming the Pretender's good opinion
of Plunkett, and Piunkett's having given as-
aurances to Layer of his being introduced, was
not mentioued by Layer, till i3ter Plunkett had
heen examined.
Layer farther said, that the Pretender again
repesited his surprize at his having no recom-
mendation from any person in England; but
paid, I am informed by Francis Kennedy, who
knows you, that you have a good character,
and for that reason you are welcome without
any credentials. Yet your committee observe,
that Dr. Blackerby Fairfax (an intimate ac-
quaintance of Layer's) has deposed upon oath,
**That Layer, smce his return from Rome,
told him, that while he was in private audience
with the Pretender, a Scoteh colonel broke in
upon them, upon which tlie Pretender took him
into another room ; and that he. Layer, did
there deliver his credentials to the Pretender."
Layer told the committee, ** That the Pre-
tender, aHer the discourse above-mentioned,
asked him uhat count v he was of, and what
gentlemen he knew : Tiiathe answered he was
of Norfolk, and knew all the Tory gentlemen of
that county. That the Pretender asked him if he
could recollect their names, and put them down
in writing : To which he answered, he could
easily .do that, having brought with him me-
morandums of their names. That acconliugly
he drew up a fair List of the Tory gentlemen of
Norfolk, and gave the said List to the Pre-
tender at a second interview, thinking it would
be agreeable to him. That the Pretender then
asked him, whether he would see the queen
(meaning his spouse), and promised she would
admit him to kiss her hand.
** That about three weeks or a month after,
Francis Kennedy and colonel Haye appointed
him to meet them at the same place and lime
as before, and introduced him to the Pretender
and his spouse. That the Pretender then
called him to him, and asked him, whether he
had any thing to say in relation to his List.'
that he answered, he forgot something which
he had to communicate to his msjesty ; that
the Pretender said, his wife would go out of
the room presently, and soon after spoke to her
in Itelian, to withdraw, as he believes. That
the Pretender then asked him, what he had to
■ay P To which he replied, 1 have Dothmg so
■material to offer as ought to havo proeuradino
this great honour apd-iiidiflfHWti bntiflbace
be any service on earth I can do, I
ready. That the Pretender said, What
do? have you any acquaintance ? Toi
replied, that all the persona meotioni
List were entire! v devoted to the Pr
interest, aud all the gentlemen in £ii|
same, except those in places of profit i
and that all parties were united m his
That the Pretender then asked him, ^
gentlemen were whose names were on
To which he answered, they were al
and that he had not put down any of
man Catholics of Norfolk, of who
were several, men of estates. That I
tender said, be believed the people of
were generally well-incliiied to his cs
pretty well convinced of their error; i
spoke of the discontente occasioned
South-Sea scheme."
The committee observe that in the
which Layer received from sir Willii
the names of several Norfolk gentleme
•erted ; who, they think it probable,
part of the List delivered by Layer to
tender ; but at the same Itme tliey th
justice due to those gentlemen, to obse
Layer has owned to the committee,
order to magnify the number of the Pn
friends, he did in several of the lisl
amonff his papers insert the names of
as welT- affected to the Pretender's servv
out having the least authority from the
doing : and his false assertion to the Pr
that all the gentlemen in England, exec
in places of profit and trust, were enti
voted to his interest, shews, that he t
distinction between the innocent and thi
He next acquainted the committee,
after the discourse before- meniioned \
Pretender in relation to the List, the Pi
commended liis zeal, and told him, h<
de|>end on any service he could do him
he, Layer, then desired some token, b
he might obtain credit among the Pre
i'riends of the nobility in England, and (
that of the I^reiender and his s|iouse's
ing fur his child ;" whii-h thecomniitl
rejieating, the account he gave tliem s
with that printeil in his trial. He said,
U|K)u his desiring a letter to the duches
mond, for her representing the Pre
spouse, colonel Haye told hini, no letl
be sent by him, but that care u (uild b
the duchess should stand. That he '.
gave him a message to the duchess, to
feet, * that the duke of Ormond was «i
gone to Madrid,' by which he told h
wonkl understand the business he came
*' That he retuined to England ab
end of August, or beginniitg of Sep
1721, and waite<l on the duchess with
quest ; adding, that he ho|>ed she wtf
together a stranger to that affiur; l0
she returned him no particular anaw
miaed to stand god- mother., aaho
"That ha then nM
9] agi other$,Jbr a Trentonahle Cowpinty. A. D. l7tS.
[350
t A9 le \\et ckAplain, And by Sn-rnt-
tefif Ornrv'st si^rrttarv. who under-
*i/ordOrT t to represent
Jer. If, il sent to the
r kstom wheih^r she i^iuod P Who dd-
f ^e xM \ yet Utrd Orrery refus^ ;
ticqtiaintancef and hearing
luit Grey had eouseuted to
Ijiyer, and made excuses to
I, That he made use of this
I i»j H»r<t Orrery, to ioiltice him to coo-
Wit h htra in relaiion to the Pre-
ir%ir«, havin|v heard iliat the said lord
^' lH«i€nder*5 interest,
'>l»ot» his beingf refused by lonl
,^v^ made his application to lord North
-^ ^»% mt^ntioaed in his IriaU who slood ;
lieres, that he stood for the
' ihiK tmnsnction wasthe be-
\^ hki itiiitnocy «rith lord North and
t conversation be had with
i^ to the Pretender's affairs,
> alter the christenintr ; that he then
I North, whether nothing could he on-
tlie Pretend er*B fn?our, his lord-
ra miHiary man ? That his lordship
jbf' » ■'■'-- Pretender bad friends
I if t It understand one ano-
ItLtf 'Miij; ■.. general, and moiit uf the
|roffic<7rB, were well- mciined to the Pre-
in July last, he, liSyer^ ^n^ down
on the circuit, called on lord North
, and nipiin at his return ; that he
ihf said lord again, whether no*
fould fKi done in favour of the Pretender?
lord North said, how can any thtng" be
bile so err^at a body of forces ia en-
umkr the very wj^llsof London, besides
uts in other parts of the king-
yer told him, he found most of
in Norfolk that were Tories be-
now ; that lord North and Grey
same in other counties, hut that
iikl he done till the camp should
That !V'^"' ' "^ '-'^ ...^^^cin,j ^liiYi to
her nn ■ d, lord
what « . J . ; ; ; .u Orrery
ngu f That he answered, lord Orrery
nioo, noihiof^ could be done without
^> for*:e ; that lord North and Grey re-
" cdttiuot l)e of hisopimon. I believe the
' En(r|nnd inny do it of theui«ielves.
Layrr ?i«!innV him durinjf the vaca-
Istavi < nt bin house,
lop lipase heme}
ej*:iiii, \y* *i<*i<her^ do not
vrs much ahaut srhemet^: he
-- : \*il! be done.'* And at
the lonls» he owned,
- ,^ ■■ ...r.. .P.vv said, if there be a ris-
If, yoQ •ball not want men, or money, or
^^Mr ire your comtnrttee an ac-
^^Bf I 'xrtjijf' acquainted with Lynch,
MiOf hia carry iu^ hi£Q to loni North and
Gey, upon Lynch's teiliug* him that be had
sometbiug to propose to that lord that might
he of great service to Uie Pretender^a eauae.
But in giving ao account of what paased be-
tween Lynch and him at the Greeti Man, your
committee observed, that Layer took great
pains to shew, that he did not eumrnuuicattt
any papers to Lynch till al^r diuner, and thai
he then only shewed him memoranduRi8,tran*
scribed out of the prince of Orange's declars*
tioo, though Lynch has depoaed upon oath,
that mention was made in that paper of lonl
Cadogan^a being seized, and retnaining in tho
cuitodj of the conspirators.
He owned to your committee his having car-
rieil Lynch to lord Cadogan's, but said, *^* He
went thither only in relation to the purchase of
an estate ; that while they were watting there
in a room neirt the garden, Lynch viewed th»
garden and house, and said, 1 can easily setzo
you this general ; but he denied their oaving^
had any previous discourse to this purjvose, and
said, the proposal arose iroin Lynch, and that
he, Layer, was mad enough to make it part of
his Scheme.**
He said, ^' That when Lynch and be came
to lord North and Or^s, his lortlship asked
him who Lynch was ? That he said, be was an
honest gentleman, recommended by a particu-
lar friend. That his lord&hip saic), I wonder
you would bring hiiu,you know I amnotetty
nor free before strangers. That, however, lord
North and Grey entertained Lynch civilly, and
after BU|>per enquired of him, whether he wot
in the army ? To which Lynch answered, thai
be was bred up to merch&ndt:£e, hut bad been
nith the Pretender in Scotland, and had the
command of a ship under fte king of 8pain in
the descent on iScotland ; and eniargea much
on his loyalty and zeal for the Pretender ; but
that lord North waved the discourse.
^'^That not long at\er, Ljnch came down
again to lord North and Grey's to Epping»
while La^er was there a-shooting, and was ci-
villy receiveil hy his lordship ; and that after
he was gone, Laver making apologies lor
Lynch's iotruiling, lord North and Grey said^
Lynch wag a good, honest fellow, and had en-
tert:iined them with tereral merry stories.'*
The committee observed, that Layer, in re-
tatinir what passed while Lynch was at lord •
Nor til ^8, took so much pains to shew that lord
North and Grey could have no private discourse
with Lynch, that he left no room for the said
lord Norths baring had any private discourse
with him, Layer; which yet is ioconatfteot
with his examination taken before the lonis, ae
well a$ tvtth hiR confession to your committee ;
in another part of which he owns, that while
Lynch was at lord North's, he. Layer, shewed
lord North sotue iiart of hisi^cheme, or headt
relating; to a declaration, as he t%as walkioff
with him in the garden, and that they hid
some discourse upon it*
They ohnfrve likewise, that what be owned
to (he committee in relation to his introducing
Lyuch lo lord North and Grey, falla very ilsott
351]
9 GEORGE L Proceedtngs againsi Bithop Atlfirlmry^
of what be oopftMwl lo tb« lords of dM coaocil
OD the same rabject, profiously to hit trial.
For ho thoo said, **Tbat Lvoch baviufl^ told
him ho woold seiso lord Cadogan, he carried
Lynch to lord North and Grey'a. and recom-
monded him as a proper person for sach an at-
tempt. That ho uad befere-hand proposed to
hud North and Gray the carrying Lynch to
him; that his lordshin made a difficulty of seo-
10^ him ; hot that he, Layer, insisted onLy nch's
be»g an honest man, fit to be employed in an
iBsurrectioo for the P^retender ; saying, Lynch
wonM do any thing his lordship wonld bare
him, if there shonld be a risinjf : that he was
fit to be sent with a party to seiae any particu-
lar person^ and that Lynch was impatient to
•eehiilofdsbip, Layer having told nim, that
hiB hmlahip was at the head w those desi^.*'
Lcjer farther acquainted vour committee,
M That during his stay at lord North and Grey's
atEpping, in the ▼acatioii, he again pressed his
lordsbio to bring matters to some issue in fa-
four or tlie Pretender, saying, if something be
vet done speedily, we siudi aJI be taken up ;
that hu lonlship replied, is not the camp there
still ? If you can fiad some expedient it would
he well, it ia more than 1 can do. That Layer
said, it was his opinion something might be
done cToa during the encampment; and in
order to tUsco? or whether lord North and Grey,
and lord Orrery, had an^r scheme of their own,
he drew up a Scheme himself, and baring so
done, lodged it with BIrs. Mason the dav be-
fore he was taken up. That he intended to
hare communicated this Scheme to lord North
and Grey, and lord Orrery ; that he had some
discourse with George Wilson, Dr. Mornhey
and others, on the sul^t of it, before it was
drawn up." Being asked, who those others
were ? He said, ** He could recollect no one
else, but one who called biniaelf Serjeant
White, whom he saw in company with Dr.
Murphey at a tor em, and eoquired of him,
how far some parts of bis Scheme were practi-
cable P"
Being asked whether he had shewn this
Scheme to any body ? He said, " He did shew
the heads of it to lord North and Grey, as he
was walking with him in the garden, and that
his lordship said, all was impracticable during
the encampment : but that he nerer shewed
his Scheme to any body, after it was drawn up
in the form in which it was left with Mrs. Ma-
son." Which last part of his answer, the com-
mittee obserre may be crasire ; siuce by his
own account, as soon as be had drawn it up in
that form, he lodged it with Mrs. Mason, and
the day atler was taken into custody.
The committee farther toke notice, that the
account he gare when he was questioned be-
fore the lords, whether he had shewn this
Scheme to any body, are iocoosistent and con-
tradictory.
For in some part of that examinatwn, ho
aays, ** Lord North and Grey wouki not hear
of any thing till the camp was broko up i thnft
tho iwd lord wwUMiMtUiMi«M| l^fi
the said lord saki, ho might koep his
his schemes to himself, lor then wa
to be done ; that the said kird said 1
time enough for forming a scheme ;'
in another part of the same oiaaiir
says, ** Lord North did notdisliko a \
general, but disapprored hisSoheose.'
Your committee bog leave to maki
lowing obserrations on these passagi
design to shew the insincerity ar
sisfeencjT of Layer's confessions, an
presuming to draw from them any c
elusions.
First, that if what Layer said was
North must hare perused and examine
Scheme ; since a man that did nut
scheme in general, could not be said
proro any particnhff scheme, unles
first consulered and examined it.
The committee obserre farther.
Scheme itself does not appear drawi
man of Layer's professum, assisted o
would insinuate, by Murphey a doctor
Wilson a surgeon, and White a serji
they cannot hut think it rery extn
that bb Scheme, drawn up in Augu
tember, should hare so great an afl
the paper of Resolutions, for the digg
arms, &c. mentioned ahore, which v
up the Anril before; and yet that La;
hare hau no sight of that paper, no*i
ceired any instructions or assistance
persons, who were priry to those Ri
which be has deckired t» the commit
not. And tlie committee are farther c
that the Scheme was not drawn up b;
from a particularity contained in a de
Dr. Blackerby FaiHiix, who has sv
being for four or fire yesrs past en
readmg ciril law and French to the sf
he recollecte that Layer once asked
meaning of the French motto, sioci
to his ^heme in these words, " Au
la force il faut employer ki ruse ;"
upon Fairfax's explaining it to*hii
said, it had been explained to him in
manner by others. Neitlier does tfa
a|»pear drawn up at a rentnre, or m<
a riew of engajnnyj the Pretender's
the execution of this or some other
their own, as Layer would insinuab
reral passages in it, coin|>ared with
papers, make it probable, that the ofi
jeants, soldiers and arms mentioni
Scheme, were first engaged and pre|
then the said Scheme drawn up, tor ei
in the best maunerjpossible, such a fb
been so prepared.
This appears by comparing these
the third paragraph of his Scheme j
there is eight Serjeants, riz. Three o
regiment of foot-guards, three of tb
and two of the third, all read^ at i
warning to obey oiders"), with t«
pMMn taken with hit f ' "'^
fii.ThM«U-k«;«ii.
mid oiherSt/or a Treatonahk Conspiracy. A* D. 172S»
[354
l-writin|ri '*l"c-h conttSna etevcn of
lixxymsiliM* lunnes, and eight of
► •rr^tmnts lt«?e tnarks sel n^inst
tn ihni it may be cunctiiile<i {r^m
' 111 been able to ttnj^age liut
^cen serjoints ; ntuJlheTe-
ticoie, b« mentJODB do more than
bin ohs^rtfltion fftrlber appears,
pyrr'fl $aid examuiation of the
'rith llie fourth parsurnph of
' in tliat mm i nation, be ^^yn^
on had assurett bim» that two
be •oldiem in the camp lia<l b(?en
ad were ready r nod therefore
•aid Iburtb paniffrapb of his
ilions only two hntwtrrd soldiers to
[ gvfes every one of bis ei(ifht ser-
MM^ind of ntre-ftrid-tWfntY of the
^^^Hjl men* Fmiti whence it ntay
I^I^Bi t^ie officer ttiat wm fo seize
B^Sd tbc arms for execiitiog' the
jrcnsatvo ill a rcndinFfifi.
r reoiarlcable, that Layer intended,
your committee, to crtmimf ni-
ne in ite present form to bird
/, and lord Orrery ; and yet »e-
\ fiarN of it are not exptnined aa
1 but rclerred to as matters atrei«dy
iij<Irr^,iotid by the persons thai
could only lie by pnevions
I - luhifCl ; turintlauce,
|ianif(rapii it is aaid, *^ Let the
' f one otfic*^ of note in ttie camp
iy * utioii ;** which must
'Vi[ Jjetfinninj; to an>
Hiot UutI Miitie pTe»i<n4fidiki»oiifse
everul otl^crra in the ramp eo-
Mx |nu* mt'ii ; " www
I Wlieveii ibo^e prr*
. .^ttenie^ bad beard of
otided.
arafirrapb, Georjr^ Wil^ton is
nanorr, ai maki^ it probable
^koown to those \vho were to
Scheme ; and the com-
iyer c^nfesaeil to theU»rd9
toM trtrd NorUi and Grey, that
t.»at a (rllow who bad served in the
! :tei]uaintaD€ey and uas fit
lordilitp would make use
wi«t< u (he aaid U>tA rephed, that
\ be would employ him,
g- — — uitk parsf^mpb of ih« '8cheme
Mf **lii't ib« (feneml order four of the
,** without any farllier de-
ab^-wri that I^yer tboiijfbt
iStllk^nir i»nii \n hf r^ommitni-
I'.ers that
id North
hiiu, that moat of the half-
i uicim^d.
pb| ht iUots part of
ifo tn the duke's
p oUitr ftdditieo : wbkb
is a matinei' of exprevaion no one woidd bjivt
used in a paper to be shewn to persons, who
were entire strttngers to the affair,
l^yer heing in the course of his pxaminatioti
dc^iired hy the committee, to exidain hy what
services or merit no bi$ pnrt, the hnyuess, wbich
he would have it believed, the IVetender ex-
pressed towards bira at bis frst coniiag to
Rome, and the little acquaintance he then bad
with [^i-sons of distiurtiou at home in the
Pretender's interest, came soon after io h«
changed into so great a degree of confid<}nce
both at Home and here, that he should he
trusted with negociaiiuij;; blank receipts, uniler
the Pretender's own hand, for nnliniitcd sums ;
be told the committee, that during bis f^tay at
lloine, be contracted h tVicnihlup with sir
William fillts, who is a servant of the Pre-
tender's, and that at his leaving Rome he
settled a correspondence hy cypher with the
said £llis, and arquuinted him from time to
time how the Preiendcr's affdirs went on here :
but the com mi (tec ob<<»^rve, that tbi^ general
aj sv»er does hy no mean?* account (in' the term*
of thunkfotoeNS and respect, wih which Eilii
writers to him from the Pretender, nor lay a suf-
fiarnt f'mndation fur his Wing admiiled Jo so
particular a trui^t. He i^aid tlmt in the com'se
of his corrrspomleoce, bt^ wrtt to Ellis that he
bad got act|ttHinieil %%)ib Bnrford und Symms
(by the first of which uqiups hp meant lord
Orrpry , and hy the latter ford North and Oreyy
nod tliat if be' bad Imi htank reci'ipts under ttie
kioc's (mfttt*ing the Pretender's) own hand, be
behi'ved he could raiie a considerable sum of
money upon ttiem, Miid pot tlie Pretender**
atfnirs in a great forwurdnes^, by engnging A
considerable pjrt of the kini^^^g urmy in tbo
1* tender^ interest, with the money ^o raised.
I he did not nnme anv purticolar snm to
i-,»ii*j, iMtt buped bim^f If to liave rai>ied twenty
tbonsflnd pounds by thii nveihod. lie said ho
received from Ellis only tin? ten receipts taken
aiiUtiig hi« papers at Mrs. Mason'S; that be re-
ceired tit em at dilfi^riMit times by the post, and
that the first of them came to hiti bands the
latter end of July last. Re Raid further, be
intended tn have trietl to put otf these receipt*
among tbe Norfolk genllcmen namett in tb*
list which be gave to the Preleoder, but that b«
never had spoke to any of tbem on thU subject^
nor received any assurance from them,
Bemg asked by tbccommhtee whether ha
bad shewn these receipts to any oi!i i «*,
or had any disoounic with any ut
raising money this way f He »wid, lir uciitjveil
be hr»d mentioned to lord North and Grey, and
lord t>rrery, his having such receipts \u bii
fiossesjeion ; and that the said lords told him,
they lielicvcd they would be of little use, for
that people would scarce venture to keep sucli
fcceipta by them, or to have them in tbetr
custody, or words to that effect.
The committee takes notice, that when b«
was examined before 1 he lord*, he prevaricated
in relation to the cypher received from sir
William Elba, wbielt b« faid waa an old
% A
4
4
4
i
4
i
S55]
9 GEORGE I. Proceedings ogahH Buhap AUevhurj/f
oypher, in use before the PrMton rebellion.
But beiDgf shewn the named of eeTeral peraons
ill that cypher, with the addition of their-em-
ptojrments, which they did not ei^v at the
time of that rebellion, nor some ot them till
▼ery lately, he end that he applied to PInnkett
for such name^ ae were not in the old cypher ;
though the committee obeerre, that the whole
cypher is in the same hand with the letters he
owned he received from Ellis, and that the
persous designed by late employments are not
addeil or interlined, but placed m their alpha-
betical order in the oody of the cypher.
Being asked by the committee, whether he
had seen or knew of anv other cyphers ? He
answered in the negative; yet they observe
that in the letter from sir William Ellis dated
the ]8t of October, he desired to make use of a
pattern of lace of Mrs. Kinders, (which name
ne owned to the lords to mean Mrs. Hughes,
nnrse to the Pretender's child) sir William
EUis having lost or mislaid his own. Nojr the
word ' paftern' in Ellis's cypher denotes cut-
paper, which shews that t^yer was privy to
another cypher of that kind, in use among the
Pretender's agents.
He likewise denied his knowing any 6cti«
tious names made use of by the Pretender or
his agents for carrying on their correspon-
dences, except those mentioned in his eiami-
nations before the lords ; yet afterwards upon
being asked by the committee, who was meant
by Joseph in Dillon's letter to Plnnkettf He
confessed that he knew Joseph was one of the
names made use of to denote the Pretender.
Theeommittee farther observe, that the ac-
ooants he has given do by no means dear up
several passages in sir William Ellis's letters,
inrticularly one in the letter of the 30th of
Jan. in which Ellis says, " That Layer having
read over several times the paper lie shewed
him, and having a gooil memory, Ellis does
not think it necessary to send a copy of it."
Layer being qneationed by the committee
about tlie lists of names taken at Mrs. Mason's,
says he employed George Wilson and Dr.
Murpbey to enquire into the characters of
officers and soldiers, and that he received most
of the lists from Wilson, who told him, he
believed if the late duke of Ormond were to
come over, and lord Cadogan were shot, the
soldiers mentioned in tliose lists would readily
toin Onuond in favour of the Pretender.
That Wilson made most of the marks against
the names, to explain what men might or
might not be confided in; from which cir-
cumstance your committee observe, that there
were persons m those lists whom tiie Pre-
tender's friends coukl not confide in. He told
the committee, that Roatb or Roach in the list
No. 15, against whose name is set 1,000, is
one whom he does not know ; but that Mur-
pbey told him the said Koath or Roach, was
a person of great interest in Stafibrdsliire, and
able to raise a thousand men. That the paper
No. 11, at the bottom of which is writ * enquire
of North and Grey,' was a memorandum ftr
enquiring of the said k>rd whstbar he
oomet Itedding in the serviee abmd.
Bemff shewn the two lists endoned Brii
list, and lord Yarmouth's list, be sayi
auett is an eminent tobacconist in the
lat the said two lists only oontam nama
jury for a relation's cause, but that he iol
to shew those two lists to lord Orrery en
North and Grey, as containing an aeon
men to be raiand for the Pretender's m
in order to magnify to those lords the ni
of the Pretender's friends.
Being asked by the committee what wi
occasion of his taking away his papers
Mrs. Mason's, when he went down to £|
and what papers he at that time took out
said, he onlV took out a paper csontain
transcript of the prince of Orange's, de
tion, and some other memorandum p
He farther added, that he was to have gi
lord North and Grey's to dinner the &
he was taken up, and that he sent hia s!
to the said lord's, to let him know he wi
rested forhi^h-treason, that his lordship i
not be surprised at his not coming, and
wise that his lordship might provide §l
own security : and before the lords be
that he thought it reasonable to send this i
to lord North and Grey, apprehending th
government would seize toe said lord ii
diately, on account of what had
tween his lordship and him.
It appears to your committee, thai
North and Grey did, in pursuance o
message from iiiyer, endeavour 10 profi
his own security, by making his ei
Layer sent that messsge to lord NortI
Grey on Tuesday the 18th of Septembc
day that he was taken into custody ;
Hugh Floyd, his kirdship's servant wl
tended him to Portsmouth, has declared
lord North and Grey came to town
Eppuig on Wednesday the 19th of Septtei
(whkh was the day after his rceeivini
message from Layer). That hislordsh
not go to his own house, but to the Ki
arms tavern in Paul's church -yard, and
dismissed him, Flovd, with onfers to nsee
at four in tlie nioming on the Friday folio
over a^nstSt. James's church in Pices
That his lordship came at the time and
appointed, m a hired coach and six, wi
servants, and ordered the coachman to
on to Kensington, and then to Brentibn
so on from town to town, and bid him, J
Floyd, have nothing to say to any hod;
take any notice that he was travelling*
his lordship ; so that in the whole jouni
Portsmouth, be remembered no town but
siugtoD, Breiittbrd, and £gham. Tha
second morning his lordship proceeded i
.journey, wiih hired saddle-horses, wi
boots, with a guiile, and several other ■
circumstances, which may be seen in tb
amination of Hugh Flo^-d, and ethers, in
tion to his lordship's joumev to the ■
Wight, and to the manner of bis i
#mI oHeripJiit a TreoMonabk C<m$pifacy,
D, 1725.
[358
ibfiDce ; wbif li ft^rve to sliew
r of bi4 ti>rfiilit|»'« lli|(ht, And of
\ lie thought it to take adtran-
\ (KMiible ui Uie ucHicc giren
tibjcr bang sskcd hy llie oommiltee 1
vtMM W f«^t«d ibe Muneft Ibuud in bis
bni-irfiyBfi mtaoof bis fMi|ierg, ?iz.
from
own
*• D%by
Oittry
- Dillon.
— Buribrd.
— HteeJ.
-Tanners,
-Waggfi.
-Plunkett."
I of soiDe pctvons wbom be bail
latiofli in bu Ictlen lo sir Wil-
I, net beiotf lOserteU iti Ibe cy^iher be
U6«iai ¥M\%y he tt|i|jlieil to i^iunkett, now in
Wttkff !• imow by what oames be should
^mtm iImm^ pmont, and that Plunkett gare
is lb» Mji Acticioas nami^ alio? ••meDttoned %
i^eb Tiainfli the committee find freqaeotJj
ta riunkrtt^* letters and papers,
^aftltMl if Plunkeit ever explained to him
M% laaaot by Burii>rJ'tf ctub (an expres-
MA M «Hen tiled by Plunkett la bis
Ut OUbm, ai wiU be observed in its
t) f ilv ftaid/lhut Flutikelt had told him, it
■I J^ltle^jUiotl luailii use of by the Pre-
1 bis agents, to denote a club of Tory
otb«r9t of which eiub lord Orrery
That Piunkctt bad named to
Mkosof dttttinctionj as members
whrnsA luicnes Laver repeated to
p^ isconydtied in bis examination
li» ibis Report* Bat the committee
r li a |<x<h;^ ^*t<^ to seYeral of the persons
by LAycr, to observe, that the matters
1 m Burford'aduh in Plunkett's letters,
ittffly iaoonsistent with the known cha-
\ oi wtmM of tboee persons.
laked by 1 lie committee, whether
wa^ioifdnyed by Plunkett to transact
'i lbt» nr iinv Other club, in Plun-
r(' arb to the committee
liii ' hjtikirti's Ittters), he
delicti It ; but udmitted that he
I Itt vkit lord ilrrcfy, and bad fre^
p«mali«iit wtib bim re lathis to the
agi^fff, ami the npt^cs«ity of fo-
'" ' '"■ " ■ ii^r,
- ami
anif tbal iord Ui iL-ry had Jclt a uote in
J, tlMK i/C Layer csme lo U>wn, be jibuuld
4owa ta bnl Hrrery's m the country,
bo mikralixid to be with an
of 9kmw disOMHwnff more at leisnre
\ ft mad<r't aflbif t battn|r nerer had
wilb lofd Orrery in tlie way of
, 90f uiy other pr irate boainesii
■ •■ttd gt9« ooaasioo to such a mcssago;
tpm b»«U B0lffo4owa at that time,
bMIm OMTve. that * paper of 1110-
im Ukm^ in tita book-^se of
which
be lord Orrery ^s own writing, in which th«
message lo Layer is criotauu'dp and 8 wort
fegger owoed^ that be di^livered ihi^ mensago
to Layer, and that he bad sou»eUinu4 tteen
Layer at his lordship^si house.
Layer being shewn by the comtnittee a letter
taken among hts papers, signed J, Plunkett,
and dated ihe Stb of Novemberp 17'20, owned
that he received that letter tu NoHolk Iroin
Plunkett, now in custody ; that it relates to
the Pretender's atiaira; that by Pluukett^s
friend in the said letter is meant^ as he betietres^
Dillon I and by his law-suit, the Preiender^s
cause ; in which »ense the committee find tlie
word law suit frequently made Uhe of in othera
of the inteictpted letters* Layer farlhitr
owned that Plunkett gave his wile a letter of
recommendation to general Ddton^ when she
went to Paris, which letter was signed Rogers*
Being a»ked by the eommiiiee, whether
Phmkett had any conferences with the Pre-
tender or his ageulB, during tlietr stay at Home,
or had owneii to him his being employed bj
the Pretender in England, he said that Plunkett
bad two private conferences with the Pre*
tender, and conversed often with Francis
Kennedy, secretary to the Pretender, and with
others of his agents ut Rome. That Plunketi
has frequently owned to him, that he waa
employed in the Pretender^s aflkira, hut never
explained to him by which of the Pretender's
agents particularly : and that be. Layer,
never opened himself to Plunkett, in relation
to the Pretender's aifairs, after ibeir return
from Rome,
Yet the committee observe, that Plunkett in
his letters to Dillon, speaks frequently oi him*
self as privy to La^er^s trea^nabte transact
tioQS, and grounds bis recommendation ot Jllrs.
Layer^ on bis knosv ledge of her husbaiid'a
nierit and industry in the service of the Pre*
tender.
They likewise observe, that Layer owns he
received the names of Digby, Burford, &c.
from Plunkett since his return from Home,
vvbich they think plainly implies, that Plun*
kett and be were privy to each other *s treason*
able correspontknce.
The several |iBrticuhuii above-mentioned
contain the subitance of what Layer confcsfed
on bis examinations before the lords, and be*
tore your commit tee. And after this lung ac-
count given by him, in which there appear so
many and such convincing proofs of the con*
still aoy itt general, your committee think it pro-
per 10 observe, that though he ailected a girat
openneat and frankness, wbeti such quesliona
were put to bim as tended only to a genemi
discovery, to accuse bimselt, or such as hm
knew were escaped and Hed out ol the king*
dum ; yet wbeu such ipit^Htiotm ivere put to
him, as be apprehended might aiTcct or disco-
ver any others of the conspirators* be alwaya
gave answers with great shynsss and reserve :
and Ibia care lo say as hide as possible that
inigbt affect other* in a criminal way, jotned
witti a dcauNs to tecio candid and ingaainiitSf
I
oftpn prodaeed the inconsisteDcies and oontra-
dictions, upon wbich tbe committee have
thouj^ht it their duty to make tbe fwegokug
obstTvationM.
Your committee will now proceed to lay be-
fore you what tlif>y have been able to collect
from ttie p«i|ierN and tvaininatiom of John
Plunkett, whuae treasonable |iracticp9 and cor-
re8)M)iidencen, as liaa been ob«rrved before, ap-
pear to be 9i» closely connected with those of
Layer^ thst they ^ve great iif|;bt and conttr-
inatiun to 4-iich other.
The rnmuii t(*e obserfe, from a careful pe-
rusal of the If tiers and cy i*her8 seized at Plun-
kett*!! lo«l|irui>rti, that he nut otily of late, but for
many years pu»»t, has been employed in carry-
ing on several treasonable correspondences with
persons of high rank and distmction abroad ;
that a very areat share of confidence has been
placed in him by the Pretendf r, and several of
the anoKt cousidorable agents for htm, and that
be has been a principal actor in the late horrid
oonspiracy, and too much, as they have reason
to believe, concerned in the blackcBt part of it.
And though the evidence against him, in seve-
ral particulars, is most full and undeniable, yet
his behaviour on his examination was so har-
dened and obstinate, and attended with such
bare-laced prevarications and falshoods, that
the committee are very much confirmed in the
opinion of his guilt, from the pains he took to
deny with solemn imprecations, the most evi-
dent truths.
Layer confessed to the lords, that Plun-
kett recommended Wilson to him as a man
of integrity ; that Plunkett went by the
name of Rogers in Italy and since; and
signed the letter which he gave Airs. Layer
for KtMieral Dillon, by the name of Ko|fers.
But the committee observe, that Layer let them
remain in the error of believing that Plunkett's
Christian name was James, till the question
was put to him, on his second examination, in
such a manner, that he found the commiitee
was already apprize«l of bis true name, wbich
be then ownni to bo John. He farther owned,
as ban bfen oliserved above, that Plunkett re<
ceivLil a i< tt^r um'er the Pretender's own hand
at Rome, was twice in private conference with
the Pretender, conversed with Kennedy and
other agents of the Pretender, had assured him,
Layer, of a ^ood recpptiun at Rome, was kind-
ly spoken of by the f retender, bad owned to
Layer his hciog employeil in the Pretender's
service, and his ci rre*s|K>nding with Dillon,
writ to Layer in Norfolk, in relation to the
Pretender's affairs, and gave Layer fictitious
namrs for Dillon, lord Orrery, the req^ent, &c.
and aiiioiig the rest, tbe name of Rogers, to
denote him, Piunkctt ; which firtitioiis names
the committee find all of them frequently used
in Plunkett^k papers. >*
It appears farther to the committee from
depositk>ns upon oath of Matthew Plunkett,
tlirft John Plunkett came to him in July last
from I^yer, to doiire him to most Laytr al
tho itsliaa ooffeo-houM ia " '
[S60
■smdy t»
359] 9 GEORGE L Proceedings againtt Bishop Aiterhmfi
named to him the same persoast
head an insurrection, who were at i
time named to the said Msttbow Flaiikcttby
Layer on the same oceasioo. •
that he farther asked Matthew
whether he was well aoquainted in the i
among the soldiers P T6 which be repU^ lit
knew many «if them that had beeo whli lHi»'
Spain and at Preston. That John Phdhrtk
then told him, he came from Hr. Layer, aii
under the arch going into Dmry-lane, lUptA
him to pick ont aa many seijeaots as be kaow
in the guards to recommend tbens to Mr.--
I^yer : That the next time ho saw i
or wmB
Pliinketr, which was in two or three dajL^
he inviteil him to his chambers, and thsK fmk
him Mr. Layer was a verv good man, aniiM*
only one he cM>uld depena on to do hlv nui
vice : That the design on which he» ''
Plunkett, waa to introduce the an
Layer's acquaintance, was to serve the'i
tender by disciplining the mob, who
rise in his favour. And that s^\ the
tions of John Plunkett, with him,
Plunkett, were, to engage him in
by his acquaintance among the i
the Pretender: That John Plunkett
him after wants in Covent Garden,
what he hail done? To which he ifplisi,it
went on very well, and John Plunkett biA UV
go and tell Mr. Layer. : 'ssf
Mattliew Plunkett farther depoeet, lilrf
John Plunkett told him, the busineae (i
the invasion and rebellion) bad '
fore, but that the French ambi
to the regent, and the regent wrote h'ti
king George (or words to that dfeet) an#
it was upon that account the amy was atffe
to camp. "^
Dr. Blackerhy Fairfax has dcpOsMl
oath, that being in company with'
and one Jeffcreys, Jefimys )
course said, Plunkett, give the Doctor a i
misaion, addincTi Plunkett has
which Fairfax underntood to mean eomi
from the Pretender ; but that Plnuketti
eil, The Doctor does not wear a sword.
The comniiuee observe, that
kett's papers was found a larico ei
names with fictitious names over (
sworn to be all in Pluukett'a own i
ing, which cypher tallies with, and Wf
original lettcrr of the «3d of Jidy, VtU^
to Mr. Digby at Paris, and siptoed, J.
which was stopt at the post olBce, and
wise sworn lo be Plunkett^s haod-^
And several other Urtters directed lu Digby^i
signed J. Rogers, havtnir hkewiae beenofMr
and copied at the |iobt-utfioe, and than i
forwards, the clerks who were empVm
copying them have sworn, that to tlia M
their memory and hi' lief, the ori||{i\ulsi
said letters were all writ in tbe navntt hini
thai of tbe SSil of Joly, which w»%«mi
is sworn lo be Plnnkatt'b j^***^ ^w"*
,fnf a TrciUonnbU Conspiracy, A. D, 172S.
art found in llie cy|)b€r
i Vk»nktn*A hwDit- writing.
•re iolbrmed, lh»t il was
» ctop but one of the «>rjgLoal
okett, ftfitl to suffer iiie others
I h>eiMii it was juf^ged (hut oue wus
kmiliicover the wriier, tnd thai the
M i^e i!orT«B|iuiidenGe to be continued,
Ip tfoe gv^rninent lo Imither lights io
^.
Itknvine observe, that there
' bn papers au orikfinal letter
' tbe SOth of May, 17'i2,
J by tbe ckrki^ of the post office
e wtoicb tbe^r opened und took a
" '\ waa directed to Mr. Jaiuca
, Altbar*S| banker in Loiidoti^
~^Miti ta aioce torn off. From
r oiMDiDtttee obaerve, that his
traa dia^utsed aa well aa hif
i f*cei pt of this letter i s ackno w *
' IIm copy of out) to Dighy aigDed J .
' ' like y lit oi May, iK 8. iirz.
^bnenre, that the original
by, ia in the same hand with
Jizwdi, found abo among
and owtiett by Layer to lie
r ab«wn him by t*iuukeu at Ant-
mNiral Llihou; tliitt the letter
aJao in ili" •^^^t"*^' hand with
lA. iV !ed to Ki>
rwbich, ttv ) Kiiniiteeare
taken oq one blunt a Popish
■ from France, and owned by
^fts Itum general Dillon U» Uh nephew.
farther oUisrvrf timt tlieae
llr^hy, DixvieU, and A. D.
ban*l wilb another iii^ued C\
also amoui^ i'liiukrtt'v papers,
of Howell IH tfX|duiui'd in Phin-
t» nkeaa itla^gow, whom the
to believe to be ChriitO'
Irish otiicer in Uillvti'ii re-
tra til b«5 eruployed b^ Ddlon
IfvaaonaMe kiteix M(,^ue<l by
aa well a« m unun^ < 'libera ol
iiii^iii<4i hv tktitiouis uiiUie^ be-
tbo
Bttr
, tliwt iu the co|iy of
I hu liilovy-tra<
J ilty betorc for
rta^i iti;ii hi: guie b«r a Irttrr to biui,
^^icb agrc«fji with Layer's eonfevaiout
iMtaa
did ^.^ -
tm I >
ft4 fro.
I Ibat i>illou
M nnl pant uil d
Her of
^, aud
iu' [iditllO of
wbieh uaoie
u^ lord Orrery to
went by the
iiht^ Li a dJB-
Mr. Craulu
i*Ik# bemy <,,,,,. i i . ,i a-
uieaut by that uatue^ iimda
I iiMWii^ ouotnraiice. ui«iitJINi«d
" 1 have j«ft now found oat who Mr Th^hr
ig. I folded op a paf>er iu the form of a leuet.
and sealed it, and directed it to Mr, Di^by at
Parla, then wrapt it up in a piece of waate
pa|j«r wiih a meniormndura io it, to be inform-
ed at Mr. Waters^s, banker in Cliri«tine itreet,
io what part of Paris Mr. Ditfby lived; I gave
it thu^ Diade uff to a sharp young fellow wb<»
speaks both French and Eoffliah, and ordered
him to go booted and a little dirtied to Mr.
Waters'if to open before bim the sham letter
and read his meinorartdunu and to shew him
the direction of the letter, and to desire him at
the same time to send somebody with him, to
conduct him to the place where it was lo be
delivered ; that as soon as he should come to
the door^ %vhere he was to deliver it, he shoulil
pretend to have left a packet at home, and mak-
ing as if be would go back to fetch that packet,
he should slip away from (he person who
shewed bim 4ltitlier. The thing succeeded
better than 1 expected^ ior Witters was not a4
home, and my man acted his part so well, that
Watera'fi chief book keeper^ without giving
hioiaelf the trouble of goin^; wrote tbe direc-
tion for bim upon my &liam letter, in the man-
ner your excellency will see in the enclosed*
The* book-keeper was very desirous tt> hare the
letter in order to deliver it himself; but my
man insisted to deliver it with his own b»nd«
and answered holdlv to some que«>tions which
the book- keeper asked him, preteniiing he was
to return the next diiv for Eogliind/^ The di*
reclion wni hv i^Ir. ^^att^rsV Imok -keeper under
tbe name of Digby was A Monvieur Dillon,
Rne Colotnbier a V Hotel d' Holiande: which,
as your committee are itifbrnied* \h the ordi*
nary resideuce of Ueuteniiiit general Dillon.
Opon this discovery notice wus sent from
France, by Dillon and his agrnt^t t) bis correa-
poodents ui England, to forbid them muking
use any more ot' ihit tictiiiou« name, as lihall
lie more fully taken notice of hcrealier in tbit
Report.
Not iiith standing nil ibis evidence of Plun-
kett^s coiTcspondintr ^>i(h Uillou, nhen he 4«aa
examined he denie4i hi8 kn<iwmi» tfeiifml Dd-
lon, or his hnving ever exchtinged a li'ttcr with
Diik)0 Of bis secretary in his life ; he denied
tbe tetter to Digby of the TSd of July f<top|>ed
at the posl-othoe, and the c> pher Ibund at his
Indlftnifs lo l.e hiM own hand* writing; liede*
uM«d tbe receipt of the letter* Iroin Howell,
Dixwell anil Utgby, found iiiu'ing bis paper* (
but owned he had once rrreiveil a letter from
one FareHy a Pupiah pri**^t, formerly governor
to the duke ot Berwick^s chihlrm, signed by
I be name of Diirby, and relatinif to stocks of
Nicholas WotjfBir* and olhiT*. The commit-
tee obaervethut in thtH prevaricatnig answer he
was labouring to account for the meaning of
the %vord « f^tock*)/ which is mrntHKi^d iu tbo
Utter from Uighy, but will l>e ehewn, iu tbt
aeuuel of thi>; u«i»ni(, to he meant m a very
diflereni aon^ ^ natural iiuport, and lo
meoii tho eon ; ; only; and lu Pluiikett*t
owii cypbtr tbt fioliyoai word ' brokert/ ii ei^
D GEORGE L Proceedings agaimt Bishop Att^rtmr^^
\ plnifKHl agents. Upon preBning biro farther to
^ «oe if be would own Lbe correspoDdence witb
I Pillou^ and ackoonrtedge Uie leiters the com*
I aailtee bad such full e? idence vrerc bis, th«y
i fbuud tbat, io order to avoiil the ownine^ it, he
t bioMelf iato such an evident ahitirdity and
Dcr, as appears to them a strong ar-
[g'umeDt <»f his ^litt.
T He attirmed the cypher (which is swoni to
iW bis owD band-writiog') to beloni^ to one
LiJUQ^^b Tboinas, formerly of the hc-rald's othcef
ibo bad lodtffed in the same bouse wtih him-
[•elf; tbat he bad heard this Hiipb Thomas
j ©wn in compny with Neynoe, that he correa-
f poii'Jed vtivii Dillon j tfiut Huisrh Tliunias went
Kpy tbe name of Rogers ^ and thai he, Phinkett^
[fbund this cypher, and seroral letters direcletl
rRogers, among; Hu^h ThomiLs's old books
1 fmpers. Deinq' asked wbeiber H ugh Tho-
I ever signed IMuukett ? He said, not to his
vledge ; and tlieu endeavoured to impose
I tbe committee, by tcUin^ tbem his ow a true
sine ivas PbnketL Being asked what was
ofue of this Thomas? He said, be bad been
ad a year and a half, and tbat be, Plunkett^
Ittoutd not keep him alive. Bat the committee
re^ ihat the orif^inal letter to l>igby^ sign-
1 J. Rogers, is doited the 93rd of July last, and
"^yet is in the same baud with that cypher, which
pe pretends to be the writing of a man who has
been dead a year and a half. Tbey oliserve
likewise, that the letter from Dijg^by directed to
Rogers, is dated the aoth of May, \T'l% and
lhat most of the letters directed to Rogers
(which Plunkett pretends were writ to Hugh
Thomas) had the name of Rogers bhHted out,
^liul that of John Phmkett writ over it; and yet
he owns, be never knew thst 't^bomas v%eDt by
the name of Plunkett : besides h bich, it is no-
torious, that Plunkett iiimself went by the name
of Roffers in Italy, and Layer has owned not
only that Plunkett went by tliat name, but that
be signed >Trs. Layer's letter of recommenda-
tion to Dillon, by tlie name of Rogers, and also
gmve htm. Layer, the name of lugerB to de*
Dote himself, tit the same time that he gave him
the name ot Digby for general Oitton.
Your committee are of opioion, that these
circumstances laid together, leave no room to
doubt but that Plunkett writ and received the
letter above-mentioned ; tbe contenti of which
Urill be ejcjdained in tbeir place.
Plunkett being shewn a letter without direc-
liOD, si^ed N, Wogan, enclosing a cypher,
-rhich IS called jo tbe letter the duke of Ber-
rick's key, he said, this letter and cypher like-
'fvise belonged to Hugh Thomas, who, he said,
OOrresponded with the duke of Berwick about
getting subscriptions lo a book ; which matter,
Uie committee observe, neither needed any cy-
pher, nor could well be treated of by the he'lp
of that I'hey likewise take notice, that
Plunkett owned the receiving a letter from
Digbv in relation to tbe said VVogan's stocks,
and lhat Wogan is inserted in Plunkett's own
cypher by the name of X« land, which circum-
stances make it probabk be did correspond with
Wogaa.
Thei^ is one farther particular reli
this cypher, which I he committee tbiul
per to remark to the House, which
Plunkett, while be was in eiHtody, i
certain book might be broogbl to^iiiii
lodgings, but the tiie8teiig*^s wife, seer
tbe book before she deUvetsd it, has »-
upon oath, that she found iu it ihia li
N. IVogan. And as the committee are
e<l, tbat most of bis other cyphers
were found hid in the leaves of his'
thiuk it probable, that he singled out
in hopes of recovering and flestroying
pher that serves to explain his letters ;
tents of which the committee will aow
to lay ljefi»re the House, and to avoid
of names, wherever tliey can, will
the real names found in bis cvphor,
the fictitious ones, by which tbey are e^K^
in bis letters annexed to this Repon,
Amon*; his pa|iers was tbnnd tbe foul ^
of a letter, dated March the 22nd, irS
directed tA Mr* Jackson, which in bis
pher is explained ibe Pr^iender In tbi
drausf ht (which is sworn to be his haud^iri
are the foMowiug passages :
** I look, Sir, on j'our law* suit to be in ^^
a forwardness, tl»at a speedy and happy f^^^i
cation must inevitably ensue ; the \V aag^^ *^ ■
well as the Tanners" (which names K •
plained to Layer to denote the Whigs
ries) ** seem convinced that nothing kfi
redress their ruin : nay, the latter is apj
sive the former will compliment you
your own terms, tn order to eogrosa
vour for the future. Tbe precepts my
and I gave in lately, have contributed m
this emulation : we have more to give In j
if tbey improve them sk tbey have theft
you will have a good game oiiH.'* The
replication and precepts are not found in his
pher, but tbe sense of tbe former may cislly
guessed at.
He afterwards adds; **The gentkm
mentioned to you formerly, is come oiil of
countr}', with instructions to watt on yoit,
tender you his service ; he ofl'ers to best
expences if 1 go with him : as 1 take it
my going will be of more use than my sta;
now, I believe I shall accept of his omrr,'*'
another foul draught of tbe same letter,
says, (as has been before observed) ** Thm
ono sets out from Norfolk in a few days, H
you know the Tanners will stand by yoa
occasion, and offi^rs to bear my ezpenceo;
that f shall wait on you, and have the sftii
tion to tell you by word of mouth what miM
acceptable. He carries the List with bin
And in head^ or minutes of the same letter,
says, ** Wag and Tanner will etjually coucar.
—My friend wdl wait on you to tender
service — Our message will pio the btal
You may have daily messRges of this
you will be courted, tt i§ the English way — **
Tbe committee think it unnecessary to re*
C>8t here, bow inconststeul these Mtounts of
ayer's Jouraeyi are wiib Ihciefifeiily Lji;
othtrttfor a TreatonabU Contpiraetf. A. D. I72S.
r3C6
_^ Imw strongly they contradict
iiiold useveratioUf that tie knew no-
iflLj-^T^i inteading lo go lo llotue be*
il df»oghi of a letter was (bund
L^$ papers, and is sworn lo be
the mailer of which appears
f ery renaarkabJe. It is not
B«lt tiut apoearB pUinly to have
^ tM^nniDgot the last year, and in
Uc»^mg passages, *^ 1 bad four of
»»«.^*s leticra since my last lo you ;
ti Eaaid tUem all ; bia clerk gave me
■*^ ibey were sent to 31 r» Jos, —
^^^5 not to trouble you. This on! v
* ift. t»»ppy new year* I hojie il will
J'^^-suit lo bear, atore it will end ; if
^ Heave courage and iotegHty, they
J ic. George out afore Lady-day
L^fi iu ftoother part he says, afore
*J ** He is weary of ibera, and thinks
*w Kiaying among them." liappears
• V^^r* that Plunkelt bad couvi*3ed
* «oiiie letters of count Bolhraar^s to
*^y J that lord Orrery's clerk had given
> liitdersland, those letters were sent to
rcleailfr (from whence it may be con-
It tltit either lord Orrery or his clerk had
ti eiirrespoadeoce with the Pretender,)
it Plunkelt was privy to some design for
f L George out (as he calla il,) which
fcquired courage and integrity, and was
kbeen executed either before Lady-day»
rra« liuring the elections, or by the be-
' of. May, whidi was the second period
• lias been ob^rved) tor beginning the
ilioo. Simon Swortfegjjer, secretary to
rcry, owned upon his examination he-
»nd«, that he was acquainted with
ftfl had been in company with him
at Mr, Aaron Thompson's cham-
Uu) Plunkelt owned to the committee
g acquainted with Hwortfegger, and bis
Men in company with him and Layer,
r^ houae ; but denied bis knowing any
the foul draughts of the letters above*
ed.
tellf in his tetter to Dt^by of the 2Ut of
ijra, *^I liope io a little time Mr. Jo*
itlitch Layer owned to be the Pretender)
r the ministry's only refuge, fiurford"
Layer declared likt:wise lo be Orrery)
lis chib seemed lo think ao r they will
lager in the pie if they can ; I know
I OMBa in for a good share in it, if they
e a little concert and regulation ; there
ic lliat will underUike to do tlie job in
boon time. A little time will shew
ribey will give Qtting encouragement ;
r three are taken ofl*, no matter how,
Mge wilt go off by hook or by crook,
oenrae the Lowty wilJ be for Joseph :
lieiro communicated to your friends/'
liaaaeant by the Jwowly, does not ap-
hia cypher; hut by the seoae^ and the
lical order of the cypher, it is not im*
I but jl may mean tne mintitry .
Whether the job that was ready to be ud*
dertaken on fitting encouragement, and to be
performed in twelve hours time, relates to the
rash cnterprisfie for surprising the city of Lon*
don, which b&s been already taken notice of,
or to the wicked and execrable design for scia-
iog and destroying- his majesty's sacred person,
of which mention is expressly made in two sub-
sequent leUers of Plunketi's,'^ is leA to the con*
sideration of the House.
But the committee, from comparing the me^
raoraudum at the eud of the paper of reaola-
tions, in the following characters Dis. C. W.
M» with the two or three that are mentioned in
this letter to be taken otf, and likeivii^e with
VVilsuu's intimation to Layer, that if lord Ca-
dogan were but shot, the soldiers would declare
tor Ormond ; and aba with Layer^s negocia-
tion about seizing lord Cadogau, and with the
paragraph io his 8cheme for eetxiog some
great persona at their honsfs, aee reeaioii to be*
lieve, that by the first of those characters in
meant, DiH[mtch lord CitdogsQ; and by the
olJterSf two other officers of distinction.
In the same letter of the 121st of May^
Piunketl takes notice, *^ That Johnson, uu ac-
quaintance, was taken up the day betbre, but
had burnt his papers, and seemed to be easy ia
the matter ; and adds, 1 believe they will get
nothing by him/'
Piunketl being asked by the committee, whe-
Uier be was acquainted with George Kelly,
alias Johnson, said he knew him by sight and
coffee- house acquaintance only ; that be did
not remember his having ever received a letter
from biin ; aud Kelly p^ve the same acconnt
in relation to Phmkett : yet a tetter from Ketly
was found among Pluukett's papers ; and John
Ma lone, who wailed on Kelly at his lodgings,
has named Piunketl in his deposition, as one
whoot\en visiteil Kelly there. And the com-
mittee are satisfied, that they were privy tn
each oilier 's treasonable correspondence, hf
some passages in the letters lo and from Kelly,
in which mention is made of Piunketl by the
name of Rogers, as will be shewn in its proper
place, Plunkelt concludes bis letter of the 31sl
of May iviih these words: "The motive of
my journey is over at present, my pocket feels
it, the man must be fed with money now and
iheu ; the labouring oar will, I believe, be laid
ou me**'
As he denied the writing these letters, the
committee could not draw from him any expH*
cation of this parngraph ; but comparing it
with the other part of his letter, where it is said,
that a little time will shew whether Burford
(lord Orrery) and the cluh, would give fitting
encouragement for undertaking the job ; they
think it appears probable, that some part in this
job is the labourine' oar referred to, for which
lie expected to he fed wttli money.
His next letipr to Digby is of the Slst of
Mav, in which he says, ***He finds the regent
haJ a hand in ket^ping k* George from going
abroad, so that the ministry wtlf carry on their
game safely and lejsurety tvithout any oppo-
4
9 GEORGE I. Proceedings mgaintt Bishop Aiterhmf^
lition whatever from the clab, or way of tbe
Pretender's friends/* He adH», ** Let tbem be
ever «o sanguine, they cah di> noihinif as long
an Ihe regeiit slaiidn by the ministry: Hut
ihoutd Oi'inoDfl come, %vitli Imlf a lim^n retfi-
lUPiiUorily, he woukl carry hi* \mint^ anil make
k. Ueorife run for it*" Thrs |ias!kA^e ctinfirms
^hai hath be^n set forib nbtive, that the late
duke of OrmoudS coming over made a )»art
of the orijt^inal Scheme^ and ag^rtes ^iiii
the ticcouDls received frojn Spain, of Iriiih
•oldi^rs prof ided there for the Preterider*s ter-
fice.
Plunketttheu adds^ ** If Bnrford O^^rd Or-
ery)atid the club have a ititiid to liate k.Gcorf^
^-dehFered U|» tti Ihem, he shall ; there are those
that wiU uadrrlukc il, and oHer to do vvbutever
required*^* And in his teller uf the 41 h ol Jidy,
lievuyst ** ' I can as&ure yuu, despair hait
nitule some to take a niitdution to lay violcfil
Juuids on k. George ; but tliei-e is a stop put to
Ibem 8t present 1 Ji is nut the Pielender'tt in>
terest ; hut ynu cau*t do so always j au i\\ pre-
cedent is daii^erous«"
The black and villainous design expressed
by these iwo paragraphsi neeils no eX|ihcalion
(fro I II your committee, who are sens^ible tbe
louse cannot have heard them read wktiout
Itbe utmost horror and ludij^oaliou.
He ^ipeaks uf IntoiieU in these letters «s
ImoHingthe meo« uho badtakeu a rosi^dimon
|fO lay rudent bauds on the sacretl person of bis
tnnjosty ; and wa^ himself so far eo^ag^ed in
this execrable desitrn, as to say in one of bis
letlerSf ]f tbeelnb de«ire it, [m majesty shall
be deliverefl op inio their hands t And in ano-
ther letter disiuades it, tiiil out of any con-
•cience or remorse fur the criine« but merely for
tear the same barbarity should be rein hated on
tbe Pretender : Vet this mao still continues so
hardened and obstinate, as to renew bis gnilt by
refusing: to muke the least discovery at bisac-
comfdtees, or to ^ive this only reparation aod
^onemeot be is capable of, to a country which
\ bai been labouring to iorolve to the greatest
l|ialamitit*^*
He utterwards says, ** That tboug^b there
ibouhl ite a ri»tng iu most parts, if the mob is
I'fceat in onu place, the rest will go borne and be
quiet tor seven years more,**
His next letter is of the 'iUt of June : In this
Be says, ^* That Burhird anil tbe club thmk
bemselves sb^bted by the regent and mi-
Bistry ol France ; nod conceive, that tbe re>
I joins with king Georj^e lo be revenged oo
liem. That h« may have room to repent it
arly or late ; for should the parliaraeat be
(»ke, and a ue>v one called, he might tind
||lim»elf aiore emburras^^pd than be is aware of.'^
leadds. *' II the re^etit stands aeuter, they
liil soon brmg iht^ Uv%-sujt to hear; so far 1
piin iiatistii'd or it, that lour or Hvc hundred meo,
itida^ many arms, with 1,WX>/. will complete
He matters lo a btll« time, and give a ;food ac*
ount i>t king George and the miniiitiy , The
^miy wantonly an opporiuniiy to do their duly*
Tbiji •cbectiej if Uuly ;uid discreetly iuanaged|
will give tbetn an opportunity to do it
we sure the regent ivould not tnb
would Uke it in band forthwith/* _
The commit tee make no doubt Kill the .
ban prevented tbem, in observing tiow i
this leti<-r agrees with Iheaocouiilft
tmie before from Prance ; that the eo
reckoned on great |mrt of the ktog^
forces: and ouly desired tlie regent ■
would keep himielt neuter l>etweeii ila
leniter and his niajt*sty. And this letter a
lo have \\een writ at the time whc«^
Wilson, >lurphev and Plunkett were It
to corrupt tl»e oflficers and soldiers oft'
I'Jutikeu iidds in the same letter, *
reg^^ni and ctjort of Spain w ill but ply k-
H idi large deniamis, and bring the C&.
to Hanover, Ihe Pretender wilt have a
biancbe' from tbe ministry and kiiH?
as aho from all tbe rest of bts frieeifi
foes : Tbin I lake to be tbe best and talc
bitth for tbe Pretender and bis well^wii
This expression of tbe PretenderV i
* carte blanche* Crom tbe king and roia
repeated several times in PhinkettV
and however extravagant and ill footided i
snggt^fttions were, yet tbe committee
bill 4di«erve, that his representatiOfis n^pt^f \
have met with such a spirit of credultiy
tlelositni in the Pretender and bis agents, 1^
not long a^ter he was vain enough to <
hopes of capitulating with bis majesty .
crown by that traitorous and in*oletit ('
ration, against which both Houses have |^
ly exp revised their juil resentnoetit and'l
rence,
Plunkett's next letters are of the 4th and J
ofJuTyf 1733; in which lie has the vanity |
tell D*illon, "That he had been desiredyJ
some leading members of the then p^trlj
to acquami the regent's agent here, tbi
now in tbe power of the regent and f
send away kmg George, and io send bo
Jos. with a * bonne grace,* and muchtotbeirl
vantage; that it was only to insist on tbei
pulation king George had made with thd
and they i«ould have a fair pretence to do it'^
It appears by other pasaaffes, that tbiai '
p<)sed stipolatioD relates to the oc^ion of <
rahar.
He afterwards gives an account, ** Tim I
did; t>otli 00 the 4th and 5tb of July, wiill
tbe regent's agent with this message |
says, That as that agent was acquainted
some of the members of partiatnent who 4
ployed himt be gave some alteuUon to hlfl
But tbe objections which the reiifeot^a
made, appear lo have been, that the Pn
bail not the name of a man of great parts or I
sololion I That he had hitherto m* great opin'
ut Burfrird and tbe club : and that such a |^
cedure on the part of the re^eot^ would be i
violation of the '• bonne toy,* To whicli bit
Fhmkett replied, that it would be no breacll of
Ibeir *■ bonne foy 'to be grateful to those w lio weie
their deliverers formerly/' However, Plunkell
says, ^^ Be coavincod the ag«nt| thai .
^^
7J
^tni others^ Jor a Treasonable Conipiract/*
P0fr ifl ^^ jn^geurt power lo inake lli^ mi*
^^fj •*>*' itii^g Georg'e ifif e the pretender a
^ ^r^ WaiX^li^ -» Aiid by so doing", to nwike the
^jgMffPf '''^ ■*'* ■ • ••'^ ^^ hat lie has now in Flanders,
^1^0*1*^' iroke* That the commotj
^^ITi ^^' i;.u V I'&riy, and all the Eogpltsli
r^Jl^forii K^i^lit be bronght to Joiii wiih lUe
^Jj^w* |*i"T>l»^r cneasiiren to do it ; or, that if
^i^nt 'i^oviM but f-tand neuter, they wooUl
^^ Vnn? t^He Prctender*s low-stiit lo bear in-
' ' 'ti ^ny whntever." He &dds, ** That
"^i the agcut would write theie seo-
^»i« court; aod that it is Dil Ion's
^«t the regent see be has the same
^^0^ ^Txim other people here,'^
?Uft*^\ bein^ examined hy the committee,
0idi^ to this leti*?r, owned /he had freouent
— -*^'itte of the French ministers on private
' *nd that Layer knowing- him to he
<i|«Mrt^ with him, asked him, whether he
^ TO^out, by the lielp of tliat minister^
*' the regent migrhl not be brought into
tmresf Ami iStephen Lynch has de-
^w^E^iST^^C?^ *^*' Layer told him, ajiplication had
j^l. ■'•»t^^fc> ibiife t either by himself, or some other
fMDt to oae of the Frendi agents here to the
•ill mentioned in Pluukelt'» letter, How-
meotioned in Plutikeit'» tetter. How
CTrv ■ *Wt Pltinketl denied his having eirer spoke to
*« minister in relation to state^a flairs, or his
mm^ writ any such account to France.
Tl»e com m it tee, from eo in p a r i n g^ t h is relation
B two conversations with what he says
rYetteni, of hriiisrinj^ the czar down to
r, in order to oblige Ins mnjesty to with-
from England, oliserve, that the con-
were »o intent on compassing their
desig:n9 by any tDeans, that having
lio tlieir applications for foreign assistance,
llfjr were now lubourinsr to make France and
J*iw^n msi&t on the restitution of Gibraltar, to
mdcrs into the hands of France, and
I he C2ftr into Germany, in hopes to
m?Qlrt' all Europe in confii*jioo, and thereby
to pif e the way for bringing in the Pretender.
in the same letters he tells Dillon, ** Now is
thv time for the regent and ministry of Prance
Umrwc you: if they do not, I can assure them,
\ Ikfj may baTe room to repent it : lor the
mteoder's friends will tind mean* to get into
ibesaildleinsptte id'ihe ministry and k. George.*'
He adds, ** That the army will not stand by
lie kifi4^ and niini!itry, against the great bent
•Ctbe Eoglish gentlemen, the common people,
toll ihe country party; who are so incensed
t^nat the court, that the least accident would |
•iiriy overturn what they have been doing
tkftc seven years past.^*
He then says, ** That his fellow-traveller is,
Oil has beeu fery active since his coming
Imm bit travels, and is more serviceable than
ifcafc who move in a higher sphere: that he is
•Mnogon the club daily, and has made many
or them niore active in the law-suit than they
itletwise would have been. That hiit wile
1 the day before for Paris ; and that he
other civilities Dillon could shew ber, during^
her stay there*" He add«, " Your Irientk
continue their preparation, and resolve to hobi
themselves in readiness on occasion,"
The committee lake notice, that the«e letters
were wril just about the time that Layer went
down to Norfolk. And ihey think tlie sanguine
manner in uhich Plunki^tt writes, is in part
accounted for by what I on I North and Grey
told Layer, that the encampment had spoiled
the project : but we shall have them again*
And by his lordships saying, be you quiety
something will be done : if there l>e a rising,
you shall not want men, or money, or arms.
And that these letters and passagra tnajfe it
highly probable, that the substance of Layer^t
scheme had not been only seen, but approved of.
Notwiihstanding the account which Plunkett
gives in this* and c»ther letters, of Ijayer*« pro-
ceedings, yet Layer deniml that he had ever
opened himself to Plankeit, in relation to th#
Pretender's aflfairs, after their return from
Rome; and Plunkett affirmed, that h? only
knew Layer by coffee-house acquaintance, anit
never conversed with him but in the street*
publicly.
PInnkett's nert letter i« of the 2Srd of July,
the original of w hich being stopped, and being'
sworn to be his own hand-writing, the com*
mittt'e think it proper to biy the whole before
the House, wit!i the explanation of the tictttiout
nan)^s taken out of the cypberi which is sworn
to be his own hand alao.
A At ontieur Diobt k Paris.
Under t blank cover lo Waters.
n
^tti
July 23, 17St.
" By the time this comes to hand, kioff
George^s agent will arrive there: I am gbil
onU, because I hope all the negociatioos otKl
proceedings of the ministry and king George
will be laid before the parliament, which wiU bo
a meaiis to send him to lianuver. Though he
thinks to bring the country party to approve of
whatever he will propose to the partiament|
he will hardiv even bring the court party to
do it. He iliinks to diseulpe himself at the'
expence of the dead. This 1 told some of
the parliament-men ; they say 'twont do for
love or money. Certain persons are forming^
projects that will distress the coort of 8patn,
in case of war between Spain and the emperor.
Count Both mar comes into it by king George**
connivance; *tis now in embrio ; when it come*
lo perfectfotiy E shall be master onU. 1 gave ft*
hint on*t to the regent's agent ; he was not a'
little surprized at it. They must not linger
much longer ; if they ^^^ the emperor and
king Gecrge will tlnd tneans to distress the
court of Spain anil tlie ministry in France ;
they m«8t ha«>ten the peace to prevent it*
** My companion, who has been in (be court*
try this three weeks past, came to tow n yester*
_^ , .. day: he seente to be sore of his game, viz*
her a letter for Dillon ; his fellow tra- | that Mr. Joseph*s friends will run down the
ilir thinking himself entitled to tt, or any | ministry and king Georg« la » liltJt licae^
•ml'
D GEORGE I. Pfoeeedings agaimt BiAop AHerhurg^ [STS
proper manner, he mtgbt be ncfiSed on ta
come into proper meirarefl, at letit mdifectlv,
and that withoat breach of the * bonne foy* fie
owes kine Oeorffe or the ministry." Haaddi^
<« That £ey (hw friend's clienla) are foe any
thing but under their hands; and that if the^
should apply to Dillon, or the regent (is ki
companion had told biro they soon woald), Ihsjr
might safely offer at least to come into thsK
measures, to stop their mouths hereafter ;:i
he thinks, with submission, 'tis pity to I '
3713
bring the law-suit to bear on their own bottom,
and independent of the regent, or any bod^
else. 1 am resol? ed to know nothing of their
proceedings ; I am for baring e? ery thiuff laid
before the parliament first, and then e?ervbody
will see we want the Pretender more than he
wants us. Both friend and foe will join in any
enterprize that will be made in his favour:
neither will tliey ever dare upbraid him, if, on
any occasion, be should look asquint on 'em
hereafter. 1 hinted often, the only wav to
spirit them up, was to con v luce them the law-
suit would be brought to bear without them ;
and that by the regent and king George. The
construction they put upon this was, that the
former was subtle enougn to make ose of the
folly of the latter, to play the game to his own
advantage at our cost, and that he will govern
Mr. Joseph when here, as he does now king
George. This, or some such imagination,
gave tliem an uncommon resolution; and I be-
lieve they will struggle hard for a start in the
race of honour. 'Tis in tlie regent's power to
make king George, the ministry, and the cinby
trj give 31 r. Joseph a carte blanche : 'Tis in-
cumbent on you to convince him of it. 1 am
sure his a^eiit here is already ; for i gave him
this moniuig demonstrative proof, that king
George designs to support the emperor a^inst
the French king, and his ooss. and that without
being seen in it.
** I would be glad to know how the duly of
Berwick does, and if he continues there this
summer. I have little to do in town, so I de-
sism to go to the country lor three weeks. The
town is d nil and empty.
'* We hear the Czar is in motion, I wish it
may be towards Hanover, for king George
would soon move from his country seat here.
*^ I believe Mr. Josepli will laugh, when
he'll hear of the stratagem I made use of to
bring his friends to so good a temper of duty.
I hope tlicy will keep to it, which is the wish
olj Sir, your humble, obedient servant,
**Jo. UOOEBS."
In his letter of the 16th of August, he says,
^ The Pretender's law- business continues in
the same plight. Aly companion goes on, as
he thinks, very successfully, and is confident
he will bring the business to bear in a little
lime."
This letter was writ nine days before Layer
went down to lord North and Grey's with
liynch.
Pluukctt says in the same letter, << That the
Pretender miist promise the regent and mi-
nistry of France lair, and that he will be a fast
frieud, when in his {lower, and must seem to
rely more on Uicm, than any here ; that this
is tbc only game he has to play at this time."
In his next letter of the 28(1 of August, he
says, <' That his fi lead came out of the conn-
try a lew days ago, and fcold him that his clients
seem now to des^iair of bringing the law-busi-
ucHH to bear this next term, except the regent
were made a PMty} that he, Plunkatt, told
him, in caia tat regant wart applied to in a
them from plunging themselves, ai they diA
before." He adds, <' That it is in the
of the regent and ministry of France, to make
the ensuing parliament give the Pretender bife
own terms, and that as the French king ieeeoa
to be of age, he may do every thing wiifa a
gsod graoe and * bonne foy ;' and aetHe the -
Pretemier so, that it will always be in hia power
to serve him, and the court ot Spain."
Pienkett, who assumes to himself ee eewi*
derable a part in these transactions, being ed^
ed by the committee to give some accooil 4f
his life and education sai<l, that he waa bsnal
Dublin, and bred up when a boy at the Jcaali
college at Vienna ; that be is a Roman caiha*
lie, Imt not in any orders. And though he ea*
deavourcd (as has been observed above) by fail
dreijs, appearance, and behaviour, to repwssat
himself to the committee as very inoonsidsr»
sble, and no ways equal to the part he #is
taxed with, yet a great number of letters firoa
persons of the first quality abroad were fonad
among his {mpers, in which the committte eb^
serve he is treated with great intimacy aad
confidence. And in a letter from the lady Mid«
dleton, of an old date, mention is made of bcr
being to introduce him to the late king Jamea^
queen in France ; to whom, as he owned to the
committee, he had been introduced. And that
the trust and confidence reposed in him sliU
subsists undiminished, appears to the eem^
mittee, not only by his own confessing, thai he
did walk and converse with the Pretender pnb*
licly in his garden at Rome, but from Layer%
account, that he had two private oonfereneee
with the Pretender ; and above all, from the
letter under the Pretender's own hand, whidi
be shewed to Ldiyer at Rome, and which hai
been communicated to the committee, la be^
fore-mentioned, in which tlie Pretender traafa
bim with such distinction, as to charge him not
to mention any thing of bubiness to any bodri
tf il lie hintself had seen him alone ; than whM|
the committee think, a stronger and a mora
convincing proof of trust could not well hava
bei*n given. It appears also by foul dranghis
of letters taken among his papers, that he wril
dii-ectly to the Pretender himself.
Mention iietng made in Plunkett's letten ef
Johnson alias George Kelly, and some extradi
of letters to and from the said Kelly haviaf
been referred tn tlie committee among LaycA
and PImikett's nafiers; by which it appeaiai
to them, that Kelly's treasonable oorrespeaj
dence had a connection with the others, aaa
particularly, that be was privy to wmm
375 ] mid alherstjbf a TrmM/naUe Compiracif,
H niialivll*i transactiotis ; your commlllre
llNQglit llt»| tlieir hiLfiD^ a general vicmt of all
llie|p«|ira rdalitii; to ibe conspiracy^ R)i|^bt
Jm^ Ii» illnstmtc mxiX oyplatn tlje $ev«riil parte
«f rtf ifi flic AAttie miuiner as Loyer'n aoti I^liiii-
j isttt't |ia|Min mututtily contirio and give liglit
^■^ For ihm retsoo ikey tnr»ved lUe Hotite lo
^Av^ %hm^ papers laiii tu fore llicm, atid to em-
^■^'^VO tiiMn to lake fiucU farther exam in at ions,
^ « MflU. Im luiceMiary lo kad thtftn on in
^ii^ottt ilia aaufoe of the tieasuni^ enquired
llniRg a^oonliugly
tfii cssixiiuril ^oiiu^ of
It AMears lo tli
^ttk, im b^n of
fbrtilinpfUTV'
perused tliose piiperB,
ttir iKTSfins pnncipalfy
ted to lay
la iUUv** corf(
A>ir ifciicnl ami fc
Ini^ «mpli>yed I
;elly,
tfiit-
C4»r'
t tlje
i<l<9^» acfienU ^ilira^tJ, aiiU jiei&oas «jf'c;icat
'00 »l liotne, icndiog to ilie brin^iu|; in
^ Pte|«lider vritb an iriu^iJ force, and to the
ivtrtamiog the present happy estahlUhment
• ckiirelisiidstafe.
likd here your committee dnd themsel?e9
iMigpl la KMUition UielonJ hiBhop of Rochester,
il|riiieB|»Uy aidini;, directing aod employing
^ iiai K^liyt ifi the proaecutioo of his trea •
"* rd«9ifiia.
^i..- . — -ffctpondencto seem lo derive
I Mffnitiraocy chietiy from his
hy tlie bishop of Ilocheatcr,
will firat lay before you the
\ that iuduce them to beliere be
via ID i«i|iloyed, aod the patl which it ap-
|m fa tbeci the bishop has had in thk con-
11 ifiMArv to your coiomittee, from leTeral
■fcniialioiiJ of Pbihj) Neynot-, clerk, fomietly
♦* Tlial uec^Tge Rfclly, ftlias Joho-
lold him, Uiat the bishop of
7re-
»ein-
lod
_ ~<Ni ibe aaid corr^pontleu^es ; that
r inlil liarx)^ ttie Freteoder rehed more on
kfnMn the hiahop, than from any other
; iliAt he bad aeverml timea )e(\ Kdty
) bcaAi#p*a door, when Kelly went into the
I'a tiott«e,fti>d cliid there an hour or two,
hack lo htm, Ktlly made
mh£u» t€*t ulaymg no loog, atnl tol^l hitUi be
b^^Ki wTiiiiii; the bi»hop^ letteri, which bo
^itofv appcb«iiiM to be tlic tur<4gti con^e*
I of Ibe biihofi with the Pretend«r*<i
\\ and tlitit Kelly told him, the tmhop
t wothttd btm to take a hit of paper of the
~ \ hAnd-wrniDg oat of the room.
be kiMiWi Icttcrt were directed to
Ike aame of Meeea Hancock and
\\ and ttial he baa geeti ui
ie»c a leUirr to Kelly front
l"ka« be lakea lii he agrnt or lEecft^Uiry to
Wn«and amidoyed hy Uilloa in the aame
A* a ITM. [8T4
cheater) in which K-iter there were oompli'
ineots to the hiUiois by the nauke ^ Nanriloo,
which name Kelly explniiied to him to ine«u
the biahop. That Kelly has told him, the
hivhop oi' llocbeiler went aometimes hy ll*e
name of Joneft; Ihal he had likewi^ heard
the bishop ^* (times hy ih** name of
lllingtoo, wii wan told hy IVIr, Carter,
to the best ot /us intmory. That m the later
which Kellv allowed him atButton'tf coiree-
hJL
mm boU •orreependencea with the rn
and bieiienla: that 1m>, KjHIv , wa* eir
I bj iJie bishop in writjng for him, an
%mj mm by ibe biabep of lio-
honsc, nientiou waj) made of IMan '•' ' *- lurh
KcUy explaiiie^l to him, to mean < ike
of Ormond. That he has seen at \ « rs
in Kelly 'S hands, oue in figures, i^\ itc-
tt(i<ius Riiines. ill which last, ^oarji. ^khI
fo .; ( sadlers' and ^ sophist^rs,'
ftn 1 . iiid the like; that he has seeo
Keliy mitke mse of theae cyphera, and that
Kelly with great freedom owneil, thut theae
cyphera wrtrc carryiug 00 the correapondence
with the Pretender's agents. That he had
likewise seen cyphera in Carter^a handa^ who
w;iB al£o employed in writing dispalchea to
the Pretender 'a ageD Is abroad. That he, Ney*
noe, had been employed to draw up three
several memorials to the regent of France, to
solicit him to send forces to the asfistance of
Ihe conspirators, the last of which waa in De-
^enober, 1721, and contained a demand of
5,000 men, to be s^nt to invade theae king-
doms; that the heads of these memorials were
Ipvfn him bv Keily, and one who w*'nt by
the name of Watson, whom he took to be the
late earl marshal.
** That in March last, Kelly brought him
the heads of a letter, to he drawn up with a
design of ita being intercepted by the govern*
meut, in order to amuae ll»em into a false se-
curity. That he drew up the said letter in a
Caper, writ column -ways ; that this paper was
rought back to him, corrected by the bishop
of I^chester, as he believed.''
Your committee are informed this letter was
not inlereepted, hut that a copy of it was tent
about that time lo one of the secretaries of
state, fix)m an unknown hand.
Neynoe farther declared, *' That tlie bishop
of llochester, lord Orrery, lord North, and sir
Harry Coring, were the principal luaders and
directors of the con^^inracy, which was first to
have b«en executed in the spring of the year
1752, by seizing the Tower, uf>on which the
late duke of Onnond was to have landeil in
the river ; that upon the discovery of the plot,
and tlie king's not going abroad, it was put oft'
for »ome time ; but thut it was alVerwar^ls r«-
aumedto be atlenitjted in the west." Neynoe
farther added, ** That Kelly nsiure*! him, the
bishop got notice of his being to he ukro un
some days before it bap|Yeuei1 ; anil that ibis
notice was given the bishop by one ol the lords
of theeouonil." But be nttcr^vards confesAcd,
(as your emvJtlee art- that in thiir,
and other ttmnifistions, i 1 * leavourcd all
he could, to create dil5tlefi€« and Miapiujons
a.moug his mtyeaty's servants.
Theae inlgrtnaUotia of KeyD
I
375]
9 GEORGE 1. Prcceedingi against BUhcp AHerhuty,
Lgroat part of llieoi, in a paper >rrit with tits
kiOwa ham}, nntl tlelifered by him to a com-
uftiiitec of farijs of the council The other port
is e¥iracte«i out of papers, which he dictateil
k«t hU sererml examinations ; which p.'i[^rs
^irere read to him paragmph by paragrapli, anJ
'»lgreml to by bim before the lords.
\ Thai Ncyooe was intimately acquainted with
'« Kelly t Tisitetl him often, and someiimes lay at
^Itis h»dgingp3, and thereby had a better oppor*
ptimity of being* informed by him, appears from
[the Hepositioiis of SiefiheusoD and Uls wife^
I^Margfaret Kilburn, landJady to Kelly, and John
'- Malone, servant to Mrs. Barnes, who waited
Vfx Kelly at his lodg-ings.
That the btsbop of Rochester was acquainted
|«vith Kelly, invited him to tline with him, sent
*h\» serirants to enquire afW bis healthy and
wrote to Uim, appears from Htevenson's and
Ktlburn's depositions, as also in part from Mrs,
Lovett's.
But what ^ives the greatest weight to the
• several particubrs couiaioed in Neyiioe's in-
[ 'formation, is, that they are corroboraltfd and
' supported ill every material circumstance;, by
•aeveroi concurrent proofs, as will appear from
the sequel of this Report.
Fancier has deposed upon oatli, that Skeene,
among other particulars of the conspiracy, told
him, that the bishop of Hochesler, in conjunc*
iion with tlie lord Norlh and Grey, had the
|ijiucifml direction of the conspiracy ; and that
£00,000/. had been raised; and put into the
manftgemenl of the bishop of Rochester, which
• Mas called tike military cheats and was to be
^ l(epi tog^cther till the project was put in exe-
cution*
Your committee are informed, that when
the bishop was taken into custody, vast numbers
**f letter*; and papers were found in liis house,
l»earing cbtiG iHifore the year 1712; but from
tbiit time downwards, few of any consequence,
except these which follow.
One was from the duchess of Ormoiulj dated
January 14^ 17^1 Jn which arc these words:
♦* I rf»«otved to send whst \ received : for
• though it had not happened to belong to the
|iCi'son I addresseil it to, I was sure it could
not lie put into better hands.'*
This passage m«ikes it bioffaly probable, that
the bishop used to receive letters from abroad
:4tir^cted by fictitious names; which is still
further cod firmed by the following circum-
stances :
In the cypher which Layer owned he re-
ceived from sir Williau* li^llis, the bishop of
RochesltTis designed by the name of Just um*
Neynoe declared, thut in the letter which
» Kolly shewetl him from litllon's secretary,
' there were compliments to the bishop of Uo-
. Chester, by the name of Naunton.
Among the bishop's letters was found one
directed to Mr. Dubois, nut signed with any
. tiainei nor dated from any place. It waa in
-ibe following words:
•^ Sir ; Forgive my ^lenoe. You easily
tfiiticeiTe the di£lca1ties I am under in that
regard. I write this only to aastire you of mj
sincerest and uoalterabfe respect; aod reAr
you to the wortliy bearer for news, and 1«r
every thing, which otherwise 1 aboubl bave
found some way or other of whtiog to rat
myself, I have heard nothing from yoQ iiafli
the letter I had about two months ago by Mr.
Johnson, to which I immediately in bit faad
returned my answer. A rumour has reicM
mo of your having written hither since; bail
can find nobody that owns he has seenyoK
letters. I am always, 8ir, your tnily obt*
dient, and mo!»t humble servant. "
l/cc. la.
Your committee obierve, that John
the name by which Kelly conataotly \
appears to them from several affitla
that he was at Paris the 16th of
17 '21, N. 8. and set out in two or three i
atVer for England, as appears from the [
book tak(!U upon him : and the leiter to J
seems to intimate such a correspondeno
made it unsafe to write openly, and \
disguise.
Among the bishop's papers was found
ther letter, dated RoneUf Jan. t5th, XI
without any name ; and the superscription I
off. Which letter is mentioned to be set
an honest gentleman; and the writer
desires to know how he may direct ; and {
sires to be directed to by the name of Wid"
at Mr. Arbuthnot^s at Rouen, which i
bably a fictitious direction, no name
subscribefl to the letter. He likewtM
tions a former letter sent under cover CO 1
common friend sir Red. Who air Red.'
does not appear to your committee ; but i
find one sir Red. Everard inserted in Ptaok
cypher^ and designed by the fictitious
of Fly.
Among the bishop's papers were Ukei
found two letters from captain Charles "^
stead of OreenHich ; the person who, a
bieo mentioned above, was sent to Bitb
transport the late duke of Ormoiid to Eogli
So nie letters having been intercepted, wh
there is B^twd reason to lielieve were from I
bishop of Rochester ; and one of these lell
being signed T. Jones, and another T. illingtoii» '
your committee will now lay before the Hoiiit
the evidence they bave found of the bifhof% |
being designed by those two names, eolb ^ '*
from circumstances, which being in th
selves seemingly minute, and of little i
queoce, were for this reau^n more fn
confessed by those who were obstinnte in
cealing stronger proofs ; and yet at the
time lead directly to the discovery of the |
meant by those names,
Mrs. Barnes being escamined before a ^
mittee of lords of the council, obstfnatel j
fused to make the least discovery relating to
George Kelly ; but when the came to bi
asked what she knew about a do^ aeot i»f«rlfi
Kelly from France ; not 8U8f»eclmg this Mid
lead to any discovery^ she readily owofd, that
and others^ for a Trtaionable Conspiracy,
lie dog, ciilfed HarlcqiiiDt wbicb
\k\ from Fmnce, «d<1 baO a leg
lell with hei by Mr. Kelly lo
It cared r tluat the said Ac^^ \^ns oot tor ber,
M fur ill* buibop of fWhester ; anH tbat
IMir pronsifrd to grt tbe dog of the bisbop of
Ba<w*trf Ibt bcr, in c«8€ it tlitl nat recover of
Tbis tieelftratiou sbe riiatJe antt
'*f the committee of
ir made no difficulty
iiaiv ri*v eii'iikv( itiuh i * . ' o France*
i«dp|>ear» to your t by letten
•flaftl Wiwc^n Kelly ituu in* curresiiotid-
tfliii Fnuiov (tb« proots of wbicb will oe set
IcibiB tlic Mquel uf ibis Report), tbat a do^
immA aad burt, was sent ore? lo Kelly
FimiMMf, io be delivered as a present to
^ ptcMPO denoted by ibe names of Jones aud
lu« letter to Howell (ivbo is ex-
I to I'lpnketl's cypberiomeaii Glasjcow,
Ueeo observed above -lo be DitluD^s
f), be metitious bis baving received
l^yiuiLiil, and ibe accident of a leg beinj^
la tbe voyage ; uod adds, ^* I will
^r, Jones soon of it, to wbom I know
bNt^raoi I hilt quarter will be very ac*
^mJ lo Uie *Mime paragraph he Vays,
[ loses died last Wfek ; aod when tbe
riMiiriiiug are over, be will, I hope, be
bwiocwi.*' This letter was writ on
I Ibe Both of April ; and the bishop's
d Ibe week before, on Thursday the
r kftiL
$f iti biK letter to Musgravc, (which
lirill b» bereatler shewn lo signify the
Sd Hair) dated tbe 7th of May, says,
> lUuigton is in great tribulation for poor
flan^ wbo is in a bad way, having slipped
|»^r ikgviBf before it was thoroughly well ;
I k^cr km obligations lo the lady are as great
Imi W bad oome safe, which he desires you
|llblkrrbn»w/* ^
tie wiMrds * be' and * bis* being relative to
. Ulifegtifci, aticw it is a man that is spoken
^ bialvop's laily was dead at tbe time this
im wnl. And this diMguise of putting
Mr. iH l'ref}uentiy made use of in lltt;
I kUrffl, jtnd ix confirmed by a parallel
* ittitncHhatd y roUowitig,
tita 9th, Ddlous secretary writes to
lays, *♦ Mrs. Chivers (which will
1 to be general Dillon) prays v^u will
itt bb Qttiiie on the death of Mrs. lU
by tbeM ^s, tbat the d«»g
Jooex, M ion; and ujion
" ^ -r ' ,,,^ Junes wjiidriid,
if' an t be dm t b of M n*.
I ; .,;*.:;. -i., V. t- Jones and lUiugtnn to
i «4i#, and liotb lo be made use of to de-
Iflir biibou.
*> «jf May, Motfield (who is the
H^raViv tli.it ii* the late lord
T|«9Hlaaii> )gton, enclosed
riA K< .4, after acknow.
fwaifit of iiUngtoD'i letter of the
20th of April, be adds, ^' t did not expect so
soon after to have heard of a loss you baie had
since; for which I condole with ytiii, and no*
thing which concerns you so near can i\ti{
touching me, as in friendship it ongbt. ft is,
though becoming us, as it is our duty, to i»ub*
mit with resignation to what the just and great
God thinks lit to order for us in this vain and
transitory world ; but you know such things
BO much better than I, that I will not t^'onbla
you with saying any more upon it.*'
This last paragraph seems to point out the
character and function of the person to whom
tbe letter was writ.
Mot6eld adds, *'• 1 would fain hope iliat your
own distemper will soon give you ease;**
which agrees with the circumstance of the
bishop's being ill of tbe gout at the time of bis
wife's death.
This particularity^ as also several others^
which will be taken noticeof, as to the bishop^o
being in town or in the country, at tbe re«
spective times mentioned in tbe intercepted
letters, have been carefulty enquired into; and
it appears by a paper annexed to the Report,
that these several circumstances do exactly
agree with what is mentioned in the letters,
Ketly %v riling to Musgrave (the Inte lord
BIarr)» the 7th of May, says, ** Mrs. Jones is
come to town :*' the sarue day writing to
Chi vers (Dillon) be says '* Mr * llbnt^ton if
now in town ;** which Qgain confirms Jones and
Dlin^on to be tbe same, and agrees with the
inquiry made at ibat time.
On the lOtb of May Kelly writes to Dillon's
secretary, *^ Lltington is gone into the country^
and sent me word he would be in towtt on
Tuesday night, when he has desired to sec lue
at a particular hour, by which 1 conclude it
may be about business." And on Monday the
14t}i of May, (the day before, it is said, ll-
tington was come to town) writing to the same
person, he says, ** Jones is still in the country,
but has sent me word he will be iu town to>
morrow."
These several circumstances, join rd to Key-
noe's deelsration, that Kelly had told bim, the
bishop went sometimes by the tiaine of Jones,
nnd tirnt Carter had told liim, tbe bi^hoo went
by the name of ilLington, shew, tbat wherever
Jottes and lllinglon are named m Kelly's cor-
respondence, tbe bishop of llochester js tq be
unclerstood by those uameis.
Your conimittct! therefoie will otM proceed
to lay before you the niut which Jonen or IU
lingtou nppear to have U^rne in tbe treasonable
corre«pondeni'e*
1t;i»pprHrN by Kelly's pocket-book, that Kelly
set out tor Pans on the Q-Jd of IVbruary, 1721-3,
and returned to L«MidoM ubout the 8th of April
following It appears by Mrs. Loveit's and
John MatoneS deposition* that he came to Mrs.
BanieVfi on Wednesday the Uth of April, at
eight in th»? morning, t-xtremely fatigued, and
WiMit immediulely to bed. Mrs, Lovetthas de-
|K>sed upon oath. *' Tliat Mrs, Barnes totd her
be wts then just arrived from Fronoe, %od
4
I
I
379J
9 GEORGE L Proceedings against Bishop Aiierburjf,
bron^bt over letters with him : that lereral •f
the disafiected bad been at her hoiwe to enquire
after him before his aniTa), and expressed the
utmost concern tor fear he should be taken."
And Neyuoe declared, ** That he saw a great
bundle of letters which Kelly brought orer
from France." Mrs. Barnes farther told Mrs.
Loyett, <' That the 6^y after, (? iz. Thursday
the ViXh of April) the bishop of Rochester sent
bis own coach to fetch him, and that Kelly was
absent in the country till Saturday the 14th."
Two depositions, annexed to this Report, shew,
that the bbhop of Rochester came to town on
Wednesday the 11th, and went to Bromley on
Thursday the ISth of April.
It appears by a letter writ to Kelly from
France by the late lord Marr, and intercepted,
that on Monday the 16th of April (which was
the first post-day to France, after the bishop
had sent for Kelly), Kell^ had writ to Marr an
account of his negodations with Illington, and
of IlUngton's willingness to be reconciled to one
designed by the name of Hacket. Who
Hacket is does not appear to yoar committee,
but he is described in several of the letters as a
person in ill health retired in the country, and
one in whom the Pretender's agents at Paris
place their greatest hopes and confidence next
to Ulington. This reconciliation with Hacket,
Illington was de&irous might be kept secret tor
■oroe time, that it might not be known they
acted in concert.
It appears by another letter to Kelly from
Dillon's secretary at Paris, that Illington had
writ a mysterious letter thither, and that Kelly
had writ a subsequent one in explanation of it,
which had been shewn to Dillon.
The first letter that was intercepted from
Kelly himself, was dated the 22d of April,
signed James Johnson, (the name he always
went by, and often signed by) and directed
to Gordon junior, bankeratBoulogne, at whose
house, it is probable, be had been entertained
in his last return from Paris ; which Crordon
is mentioned in a letter from Mr. Craufurd, as
being formerly the Pretender's banker, and as
one employed in hiring a vessel to transport
some of the chiefs of the conspiracy to England,
in this letter to Gordon, Kelly recommends to
his care a packet enclosed.
This packet was directed to Mr. Cliivcrs
(which will be proved to be Dillon), and con-
sisted of three letters, one to Chivers himself,
ai^ed J. Jones ; another to Musfrrave (which
will be proved to be Marr) signed T. Illington,
a third to Mr. Jackson (which will be proved
to be the Pretender) signed 1378 ; which num-
ber is ibund by tlie decypherers, to denote the
{iroper name of a person beginning with the
etter R, in the cypher made use of in these
three letters, the order of which, as your <:om-
mittee is informed, is alpliabe:ical. All the
three letters were dated the U0\h of April, and
appear by the mattifr to be from the same per-
son, which proT/ 1378 to be the same with
Jones and llliogtou. Vhe letters to Mnsgrave
«id JacksoB were-CDcloiad in that to Chiven.
The person who dictated ihese kttcri
of biooself as being in ill health, in gre
under some sad vad melancboW drciun
which made him uncapaUe of doing ai
regularly at that time, but whksh he i
wouM soon blow over ; which agrees '
bishop's circumstances at that time,
wife was extremely ill, and died six daj
and he himself, as has been observed
was at that time afflicted with the gout
The letter to Chivers is a great part
of cypher, and with the decyphenng.
following words :
^« 90th f April,
<< Sir ; I ought to aduowied^ in f
several papers I have successively :
from vou, if I were capable at present <
any thing regularly ; nut indeed I am
Hatfield well knows, and why I am not.
time must pass before I am any way
of business ; in the mean time you ai
right to press the gentlemen concemec
manner of ways you can think of, to
what by being hitherto not supplied, !
dered the thing impracticable. They \
sirousof having that matter entirely
own management, and I not nnwilli
they should have it, bein^ always dif
success on my part upon interpositioni
kind ; and therefore it gave me no co
be so freely excused from any share (i
for a great while) in that trouble. At
deed, when the point was found npoi
be more difficult than they expected
pressed to undertake the matter; but
that I did not think it reasonable for
to interpose, nor can 1 yet undertake ai
of that Kind, it beinp^ what (since somi
mismanagement wherein I was dee|
cerned) I have constantly declined, bop
1 might not be altogether unuseful to
vice, if I went on to promote it in i
that is, in another way. I still hope
that a little time (which must be emp
doing nothing but soliciting supplies) '
me room for entering into measures t
be somewhat more significant than th
mcrly taken ; this T sliall endeavour,
present perfectly tired by the distracti
surcs wliich have been taken from
I quarters, by persons noways equal to tl
f and at the same time not agreeing
> themselves. This is all lean say at
\ bnt that I am with the same entire res
fidelity I ever was. Sir, your most, &c.
" T.
** I have communicated the copiei
Mansfield's and Jacob's letters, whici
the G : , (whereof th<
copy) were the only ones of those trai
that 1 was directetl, or indeed thougli
so to do. Though I have for mi
thought, that nothing of importance il
trusted to the post, and am rcaolved m,
to send that way ; yet the death of I
d^land mtkeiMich a cauliw more in
tffd^ fl Trmtonable Con$pirnet/.
ITM.
[SRt
fi^r ^ou maj dcp€Di) upon it,
I pa^«r facre irill noiv coler intri
Pt flofcritj and strktuesei^ 8 nil
Hiligttiee, m wdi a» fowtrr,
HfM^ lo wliom tills fetter was iH-
ffeoernl Dill on » ii CTirleitt from
■ to Rdly,
ui (lie Bi-
■i-U the uauiu of Cane lo
. writ Iltltoti, and Kelty
fl*MH vi-rv <-' " " V '■ , !e»i to
iriili Uigt»y atui Dixnt-U^ wliitlj
He:
|j«liO|«'s litt«r lo Mufigravr (vvfoo will
rd id b« the kie lord ftlarr), is 6i
To J\Ir« lilusgniTe.
*' Jprit the mth, in2.
\i\A froiD Mr. Ilatfietd (afkr a
of» of v.MJi favoufi) a letter
to tiie^ I have also
;|[ lit \\m\ to ofirr to riu*
i(iin
He has ulreAijy iiUoirned yoy) wiU
1 10 be actir?^ soon, or eren set for-
Lin ' ^vith me^in so speedy
•r tw I '•' The best i% that
• \ ^ sa neither is there, V
ic need of it, some time
uurards rineninff niatteriJ,
V the C : , . . , /d,
rrmy be artt'iided \Tlih
iveuieocies; but you
..ihe : s
' caire^ shall \\c fonvunled in
nd nt thf
' the ficr-
I Lo bi' Hj:<hf4i tur, IB, that the
I J urn h> net '.: "h ^vrmhl come lo
fntter
L t ra be
111 umc Ul i:oiiic^ i liouc 1 shall
j>Arl ujih him. I adi] no
ibiH
: anil
I whom this letter wag di-
larr, in tJji* pirvpcL
Krlly, that Mr,
no til Pliitiketl's
, mncb j»Uust.il
ti ' I'll obeierv-
rd.
I %*trfinrv wr*^* M*
ofaperaoobeginnini; v^tth the Mtif iff, and
KHly answeritig tbia l«tler, directs to Mua*
grove*
Besides which, Mn^irra^e is (bund to lie a
nerson, whose per \\ to be st«»pt ill
England, at the vei ^ i a p« risJon j^'fritif*
ed to the liile lord JVliirr ^u^ i r > n
of io olber klteraas one";urp, ' Sf
them, with such c < ;« a» Ii^l Ui« [)er«
BOii meaot to be til. >Urr.
The bishop^s Letter ta J ckson (who will hi
proved to tneau the Pretender,) is ai follows ;
*' To Mr* Jackson, umler the covtr of
M. Gordon le tils, Banquier ii Bon-
hgne sur Met, — April the 20/ A, 1722.
<*Nir; I am aorry to f""* '" vw.i»,~a -^''ieji
H»*t6fc!d brougrht, that y u*
litiiQces on ibis side so uc. , ^i jw*
ledg^e does cot, 1 nppreheiid, give you any ad-
raotageuus opiuioti \ii uh ; however lei that ba
aa it will, it IB not fit you should be deuetTedp
lOid rely on more than will be made g^od tO
you : if ^^ott guess at my right mind. I daet
Bay it was' agreeable to yottrown, and thai you
could not but see through the fbrwardnei^a ol'
all those un8unporled,pretendint? people, NoU
withstanding this opportunity is elapsed, I a^re«
with you another may offer before the end oA
the year, though not perhaps every way §o
favourable : Plowerer it became me to apeali
strou|^ly on that head, especially at the tim^
when the: was drawn, which was louif ^
bcforf \\ ivri^ ii-niKiiiliUfl, fof it wsFi kept bacR
a L hat deeds misjlit liart
ac<i ^ 1 1 sent at hist rather to
jijRtity the writer in respect to that part be had
undertaken, than to |iush on any design in so
utiprovided a cotfdition. J find I was not mta*
taken, and am glad it wai not ao, tbouifh every
word of that ; pas^^ the tiew and ap*
I probation of the per«on« roneerntHl» btit they
treated
rne to
M mr IJH- Tiriii*/, 1 had
before Hatfield's return,
s nte to
. , ,.. ■ ,^..,. .. .-> cireutn-
. whtch wiH he ft^ soon
jn for me» 1 wdl not be
idle : In the mean time give me leave to with*
dr»w iDvielf seemingty from any enjyagemeni
of this ktud ; I sbirll return to it, I dotdtt not,
with mrtre ahilitv *'> promnte the work : Not
tiiat 1 v^ill derlme any proper occo*cioris that
ma}* ofler themselves to cont^rs^ freely with
the' men, and iu the manucf I have beeti used
t» ilii, lor it is 6t upon all accounts t shouM
do so; but by little and little that confidenee
\*i\\ eoni, and make room, I hope, for some*
what of a more sol ' ^ ^ • • ;Tortant nature, I
dii'iHie this in gr nd for that reason,
. i^.v-scnt in any eeadi«
li add only my' faithful
4
I
were lo l>e, and sii
tenderly ; though
enter deep witfi tl^ t
taken this re^hition
and aiTi pleased fn *
me in opmion, A^
my health, an'i °-
stances are T
as there is air.
3
1 1^ duoott Uie proper namo for yo
I ml urj filter able r^"<p»*ct
H'
383]
9 GEORGE I. Proceedings against Bishop Atferbur^ [SI
That Jackson (to whom this letter is direct-
ed) means the Pretender, appears from Plun-
kett's cypher, in which, over against the name
of Jackson, is writ * the king^ ;' though two
names had gone before in that cypher, over
against which is writ, king George.
Besides which, Phmkett^s letter mentioning
his and Layer's journey to Rome, is directed
to Mr. Jackson ; and Jackson appears from
other letters to be the same with Malcolm, to
whom application is made in a letter from
Edinburgh, for a patent for knight baronet, and
for orders to raise one or two battalions.
The cypher made use of in these three let-
ters, is the very same that is made use of in
two letters intercepted from the late duke of
Ormond's agents in Spain, of which notice has
been already taken. And the same cypher is
also used in letters from George Kelly and to
Dennis Kelly. And among the papers of the
latter was found a piece of a cypner in George
Kelly's hand -writing, which your committee
are mformed is a supplement to the cypher
made use of in Jones and lliington's letters.
The clerks of the post-office, who opened and
copied these letters, having been shewn several
papers sworn to be George Kelly's hand -writ-
ing, have deposed u|)on oath, That the letter to
Gordon, junior, signed James Johnsf»n, as well
as the three letters inclosed in it, directed to
Chivers, Musgrave and Jackson, were all, to
the best of their knowledge and belief, ^nt in
the same hand with those papers ; which join-
ed to Neynoe's information, that Kelly had told
him, he was employed in writing letters for the
bishop to the Pretender's agents abroad ; that
the bishop never let him carry a bit of his haud-
writine out of the room ; and that Kelly made
use of Doih a numerical cypher, and a cypher of
fictitious names, for managing this treasonable
correspondence, appears to be a strong confir-
mation that these three letters were dictated to
Kelly by the bishop, and that the bishop is the
person denoted by the names of Jones and II-
liueton, anil by the cypher 1378.
In what manner these letters were conveyed
to Paris, will be observed in that part of the lie-
port which relates to Kelly'. Tne correspon-
dents at Paris own the receipt of the packet
from their cousin Jones; and on the 7th of
May, Kelly writes Dillon word, that Illington
is glad to hrar his letters came safe, and wishes
his next to be more to Dillon's satisfaction.
Your committee having thus laid before
you the grounds they have to be convinced,
that these three letters were sent from the bi-
shop of Rochester to general Dillon, the late
lord Marr, and the Pretender; they think it
their duty to make some observations on the
contents of them.
They observe from his letter to Dillon, that
be has contracted a great intimacy and fami-
liarity with a professed Roman Catholic, who
appeared openly in arms a^nst the late king
William in Ireland, and being obliged to leave
that country so long ago as the capitulation of
Limttick, has ever since adhered to the same
cause in foreign parts, and is at present mc
active and industrious than any other of t
Pretender's agents in exciting a rebdlkm
these kingdoms. He is at this time a Ileal
nant-general, and has the eoronsand of one
the Irish regiments in the French service. .
Your committee observe, that as the difiere
professions of these two persons couU lay i
sort of foundation for any ititimacy or inti
course between them, so the long abaence
general Dillon makes it highly probaUei th
their acquaintance could not be commcne
before his leaving these kingdoms ; and th
it can only have proceeded from their boi
long united and confederated in the comoH
support of the same wicked cause.
Vet their intimacy in such, that the bah
acknowledges the receipt of several nape
from Dillon, toglther with directions of en
municating them, which the bishop cwns I
obeyed as far as he judged it proper. Aril
service. Some of these papers appear to her
been from the late duke of Ormond, whoiiii
tainted ; and others probably from the At
tender, whom he has so oAen abjured.
He advises Dillon to press the^ soBdi^
supplies ; and owns he has been desired Is M
dertake that province himself, but that he hi
hitherto declined it ; not firom such restrdil
as should naturally have arisen in the mind i
one of his character and function, but niad|j
on account of some fi)rmer ill success and OHl
management, in which he owns he had bN
deeply 'concerned.
He aflerwards advises Dillon to use tbesiri
caution which he himself intended, of M
trusting any thing of importance to the psi
endeavouring to act within the shelter and ssA
guard of the laws for subverting our hapfr
constitution.
This great caution, which (as Neynoe lii
Kelly told him) the bishop used, made hiai
extremely careful, as not to let even the m
he trusted most, have one line of his own baai
writing ; and shews that he was wonderfully li
licitous, not to avoid the guilt of treason, botodt
to escape the punishment due to it, by savii|
himself from the danger of legal couvictroo.
Another of his letters is to the late ki
Marr, who so lately appeared in arms agiil
his majesty, and has smce had a |v>8t of tl
greatest confidence and trust near the Pretends
In this letter he owns the receipt of one fM
Marr by Kelly, together with verbal insliil
tions ; which, to cut off all excuse of surpfk
or inadvertency, he says he carefully oil
sidercd, and yet entirely agreed to.
He then mentions his present sad cireii
stances ; but comforts himself, that as iM
will not permit him soon to act openly, so ri|
tlier is there, he thinks, any immediate ocoiA
for it, some time being necessary toiMP
ripening matters. So that when a proper^
portunity should have offered, the mask wiil
have been thrown off, and then he was m«
to have avowed the cause, which hf haa hiJM
supported only in disguise^
mni utkertfjbr a Treasonable Conspiracy,
i
^i' the bifihop's is to ihe
it^Baoceof ihai law nliicb
liii* LolUiu^ aiiy con^S|»otuteDce with
ll«Qi, ur bin i^xiti, higU-treusoit, Jn this letter
WowfMiL or one from the Pretendlerj
mai mmhi . I) Ue Jeiierred that con-
id»op, he Uuii^fhi, nhii best kno^ffi the thon^hu
lllnftwa l>e«rl, dt?clju-e«,Thttt if the Preieuiler
At Lt0 r"/ht r.,...fl, h*5 dare* sa^' ilf is
r*s own*
Uje Prctiso<J«r to hope
lunity* t!ioi)gb not every
aif ibe ttrsti which wms
>1« tu the
ftw lircMfraWe opportu»ity app^nrsto 1
luitbifn^ 'ious; una your coriim
h4 bul
h«ve
your cormniltee
>!mt the tuu most riotous
it^bout itie kiryi^dam. were
. a pkc» onder the imme*
' flop of UoL-liester j Qud
[«[^car« by this Report
^ rf^, nil u^etit or
i l»y him in mn*
.^ ^ ., ,. .,|>inHleiice.
' i to himself the merit of
o lie had ilra\«ti ttp and
lie IVetender, a(W it bad fir»t
;*nd iipprohulion of the persons
lys it had heeii kept
[lef thai d^-uds tni^lit
\*^Mi Which ntfaiii fthews
nMt* > to have U'cu the re>
Vio-i raliifjij and lh:it iboil^h
bit! r ill words, yet other ucis
were wliat he hoped for, and was
- '- ' ' '1 restore him to his
^eit tott Ants the pro-
,.:, jiid Hi the nii-an iinie
lUs' irlrat* himself hrcmin^ly
l^ftnv - Eiin 4if ibui kind* that be
t'ttter zcaI mi id nciivity to
iind fictile, by phictn^ a
irtrudcr on ihe ihr'me, in \iul iiion of
•Tv4 OAth^ SO frequetttly takeo
w*«f»oiiti«>4i will now proceeil to shew
' III' bishop appeurit to have
CorreKpoiideiK'e and ne-
on with the i'rctender^ti
I tM France.
ifcttftftioti on
aU w<:h
Jftod
\VI.
^'^' 'fjuiswerslllioij-
MMrr) the ^eih
...^ .i,,..i in n it rter to
e of the AOfiwer if to con*
i bi?t loan, and to express
^iidiri^^ him in the tame
Bliirr. in rehttlon to their old
ice (Uackei) ; and in an*
V « he frts llhn^ton know
Uu I i^^nicihution wuuld be to
V moeh lo Farmer a interciit.
"♦'«• reason to believe, from
! (tie letterii, that Farmer
i^rrd afiMve, one of the
I.. id by tlic i^n^pirators for
putting their design in executiott was Uia b«*
giaciinsc of May^ 17'.;^*
Uu the lat ot May, Dillon*s se^^rtiary writfta
lo Kelly, »• That Mr. Jones cannot take a bet-
ter time 10 bare himself fitted with an easy
saddle, ihei-e Uiiu^ a number of saddlers idle in
France at present, who in case of w&rs would
be so yery busy there would he no coming at
them,** This is explained by what Nej^uo^
fsaid, that in Kelly *s cipher '" saddlers' stood
tor Irish soldieris, though he did not know any
letters bad been interce|)teii where tliat tercy
was made use of; and m Pluukeit's cyjdier
* saddles^ stands for regUuetitSi and ^ gh i * for
100 men.
On the 3od of May, Dillon himself ec*
koowleda[es the receio't of hia cousin Jones**
letters of the ^20*h ol AiiriK and •♦ expreijtsea
much concern for that ladv'^ ill Estate of liealthi
lieiog much ofraid his owu sraull cout^enis can
hardly be seltled to satisfaction » till KJie i^ Mm
to Fohcii in bU fa?our/'
On the 7th of 31 ay, Kelly writes to' Mas-
grave (Marr^) **That he had commuaicoled
his letter to Mr. Jones; and that Mr. J<fnP8
desired a letter from Musgrave or Fiunttfr**
(ihe Pretender) ** to tlackttf to brinai: him to
town, without which it would Ihi inmracticabla
f«>r them to do business togelher That Jones
finds Armstrong and €orn(>auy very loth to b«
any way coucerncd, havinj^ no opinion df th^
present hands; however that it is siUl neces-
sary to make the most of them/'
VVho U uieant by * Armstrong and Company*
does not ati|>ear to the committee.
On the !Hh of May, Ddlon^a secretary writes
to Kelt), *^Thal if this post had not bnu^^^bt
an atldition of thiee to the iix formerly c<>tiio
from Hc'priey, it i^ ea»y tor Mr*. J noes to »t?e
what IS still wAotinir hjr tlie purcluse bht* in«
tenda to nifike/' Who is wmMW by ftt*|iney
is not certain ; hu! m the following part of this
llepori there w ill appear ijrouuds of a probahit
com ec tore.
Thi*i passa^re relates toaVdl of evchan^e (of
QfiGOL probably) sent over to Calais, and thenca
to Waters the rre tender's banker at Paris, ou
the 16tb of April ; the retei]it of which is ac-
knowletlged in sevcrnl letters both to George
Kelly and Dennis Kelly. This paragMpTi^
which says. '* I bat if three more are not come,
besides the nix from Repoey, it i» ea><y fur ^Irs.
Jones to see whnt i^ still v^HnttU}; for the pnr*
chose she intends lo make;'* ahewi phiirdv,
that Jones was at least privy to that rtmit-
tanoe: which agrees with what P:mcier has
de{H)sed uj^on oath, that he v^af^told b) Skeeue,
among other paiiicular; re^Uingto the conspi-
racy, that a large < n had been raised
ancf put under the < ^ nt of the bi^ho^
of Rochester* which wa^ called their tnilitar)r
chest.
On the lOih of May, (three dM\ ' li«
encampmerif) Kelly w'riies to Dil
tary, " That it waj, repn Ml '
I
t
MLdiitrly refused lo put <
tendcnl to stt out aartt u^Ai
Mid in-
Lhauf
S07]
9 GEORGfi I. Proceedings againtt Bishop Atterhury^ [968
tbey ooold then compass barrels enoaffh, the
sooner fhe wine comes, he belieTes,the Setter.*'
He adds, '* that Jones promises to be a k^mkI cus-
tomer, and that he hopes Hacket ami Jones will
giro them the finishing stroke.*' Tlie time of'
year in which this letter was writ, and the ab-
aard supposition of its being more difficult to
find * barrels' than ' wine,' shew sufficiently
that these words are not to be taken in their li-
teral sense.
Your committee are informed, that ' wine'
was explained by Neynoe to mean invasion,
thooffh be had never been told that any such
wordhad been made use of in these letters, nor
had lieen asked any question about it ; and in
PInnkett's cypher, * barrels' is explained army,
and * vines,' 1,000 men.
On the 19th of May Dillon's secretary writes
to Kelly, *( That he is assured by good hands,
Hacket and Jones are the best able to adjust his
liarticular coneeilis ; that he does not question
their good dbposiiions, and that doing it timely
"will be a double merit."
On the 19th of May, Kelly was taken into
custody, about the 7th of June he was admitted
to bail ; and on the 11th he writes an account
of his examination to one Gerrard, whom your
committee believe to be sir John D'Obryan,
whom Kelly owned to be employed by Dillon
in writing for him. In this letter Kelly says,
<* He was chiefly questioned about a little dog
he got from France, and about five or six cant
names, which were Illington, Jones, Cane,
Howell, Quitwell and Hacket, and that who-
ever Illington is, he was the person chiefly
stnick at.'^
On the 18th of June he writes to Dillon,
*' That it is absolutely necessary to make no
more use of their present account-book, since
those that have got part, may by the same me-
thod have got the wnole ; and that it will be
highly improper for him to meddle with busi-
ness, at least for some time."
From this time forward vour committee ob-
serve, that the names of Jones and lllmgton
are no more heard of in the intercepted corres-
pondence ; neither does Kelly so frequently
write letters of great business, but in his stead
Thomas Carte, clerk, takes up the manage-
ment of the bishop's oorrespomience.
The letters from Carte are signed, and those
to him directed by the name of George Wil-
liams ; and Mrs. Harbin, to whose house they
were directed, having been examined before
some lords of the council, has deposed on oath,
that Carte desired her to take in letters so di-
rected, and that she delivered one so directed
into his own hands.
And in the cypher taken among Dennis
Kelly's papers in Georp;e Kelly's hand-
writing, Mr. Carte is designed by the ficti-
tious names of Thomas and Trotter, who ap-
pear, by comparing several passa^ in the
fettiers, to mean the same person with George
Williams.
From the time of George Kelly's being first
teken op» the hi^op of Rocheiter ia denoted
by the names of Rt§f and Weston, ii will i^
pear from the following drcnmstaiioei.
On the 30th of Angust, Kelly writee to Dil-
lon a long letter, which contains the porticnlan
of the bisliop's being taken into custody,' en*
mined and committed. On the 14th of Sep-
tember Dillon's secretary writes to Kdify
•' That his letter on the 30th of August sum
safe, and that the particulars he gare of Mr.
Rig's case were very acceptable to DUm,
whose concern for a true and wortbv frteod anA
relation cannot be doubted, and k longing ^
sire to know her entirelv dear of her die-
temper." In the same letter he dewci to
know what is become of Carte.
That Rig denotes the bishop, is farther eon-
firmed by these particulars : Kelly in bis fiist
letter after his enlargement, writes word to
Gerrard ; *' All I can do now, will be only to
deliver to your cousin Rig any goods that jfon
can send by private hands : be is detemmed
not to receive them any other way, and in-
deed 1 cannot say he is in the wrong. Hew
far this late affair may affect him, I eiMOi
tell."
Now, since it appears that Kdly wasftr-
merly employed in conveying letters to and
from the bishop (which are often called '^osdi'
in the intercepted correspondence) since tbi
bishop himsell had desired in his letter to Dil-
lon, that no more letten of consequence might
be trusted to the post ; and since Kelly's en-
mination about the dog could affect no one bat
the bishop, it may justly be concluded that fiff
and the bishop are the same.
That Weston is the bishop will appear from
the following circumstances :
On the 7tli of June, DUlon's secretary writei
to Carte, and acknowledges the receipt of aki*
ter from him of the S8th of May (which wis ^
soon after Kelly's being token up), and after
expressing great satisfaction, ** That the hie
rumours of a plot had not occasioned a tolil
interruption of commerce, nor obliged any of
their correspondents to go aside ;*' he addii
<' That Dillon desires to be most kindly remeo-
berc^ to his good friend Mr. Weston, for whom
he was in the greatest concern, on account of*
story that his clerk had been laki up for debt;
but that he hopes Carle's next letter wilF pot
him St full ease in this matter."
This plainly has reference to Kelly's briflf
taken up ; and his relation of clerkship to tbt
bishop lias been fully explained by what gotf
before.
On the 14th of June, Carte writes to Dilkm^
secretary, and endeavours to put him at ftlll
ease, in relation to Air. Weston, by telling hiBi
*' That Mr. Weston is in the country, that hi
saw him two days ago : that he is perfccdf
well, and as easy in all his affairs as any BMi
alive, and very much Dillon's humble servant*
I It appears by depositions annexed to this Re-
' port, that the bishop was in the conntiy at lki(
time.
On the 14th of July, Dillon writes to WcrtM
under cover to Carte} end denrae he wQl ad-
"t^^ A TreoionaMe Compiract/. A. D. 172S.
[390
b«f ^§ent c»ver from
France ex-
kof July» Kelly writes word thai
I IdAiI ii«eii (alef V tiigetlier ; aa«l
^j tHev wet, Rjg s^oi lo him to know
|8iMNJ with DUHm anil lij»» |varliiej's,
liiM day, &»tAnley (tvbo upjkears by
PJ|f liM letter to t>e ilif sutne with
I U» Dillon, '' Ttini lie hail been
mJeiit, to whom the lett«»r o(
J ttnil Imii partly engratreil him
fcflkir/' On ilie 30ih uf July,
t word, he liad the homiurofintio-
ey lo 5Ir, Weston, unci ineotions
~ >p oi which ootico will ba taken
t iniisiu«re« i| appearSi thai ^Vestoti
bv Carte) mean** the
>. use of by Kell^ ) which
VD l»dure to lueaa the bishop of
4ore, and Wegton, being made use
> ibc bishop ; it remains to he coa-
ikAt nirt Ki^ or Weston appear to
111 the «tf]uei of (he intercepied corrrapon-
ipfeara b) the letter from Dillon's secre-
d tkw 7!*i •* ' T' r tlmt thiiy apiireheoded
iiermlt oii i lu^ taken np, that somti
^titoQtTf Mould lx>ul»li|(cd ta^o
( liiat Ut Latest pain wa^for Mr
HW. tthoM .V with Kelly was such,
stiled tiii» olerki which U no im-
K [ -' tor one that kept the cypher*,
Ktyled Ibrottghunt the inteVcepted
m of accompts;* and in Laycr'i
Hied * rentals/ If K«'ily had hud
vrreal, the pain for Mr. Wesiou,
Mother corretpuiidf^nts goin^ asidei
^ the Hth of J one, Carle seta them at
m fptatioQ to Weaton, wlio was, he «aya,
aifairsaiany tniinalite; which
ea*e, Kelly hafinjr burnt hit
^^.1,..^ .,,jf tiiid ul liberty to af-
ield iordii could j^et nothings
tit it; iititioD, wht^p lieatieuu-
' lug ever heatfl of the naines
TOU,
(ha lUh i*f June, Kelly scinds tna friends
Ira an Bcoimni of hia late nu^forttuie ^
|Aer eontfilatntnif of their DPglcci in not
y hhm nut aoofier, and iolimatin|C that
nii;rhl hate |M*ovoke<l a paasionair
helray their aeereta ; he «aya, your uhl
idred, olTcretl oU that could be
thu poor man.
laudyi ili *: V
f
'lhi«
pnaaage
r of tbuiae
<> have
.^^ii^ii. himacif
Kt'dv in ^oo<J
* 4*^ii»tance.
>:ih of Jiitii.*,
5 itUUU> I |»|ll
!huu|;h
it baa
ff^m aouti.* jai tttijd«:d friattd
than any real enemy t and as his eonjectura
Uea on thta aide, you may easily guesa the
point it tends (o/^ This uasaaite aitewa thai
lite discmeries made» wrre known by Rijp to be
well founded ; auice no one could be led to sus-
pect, that an information entirely false should
nroc-eed from aome friend entirely in the secret ;
besidta it shews Rig had trienda, in whose
jiower it was to beUay him ; and that tliosa
fiienrf4 were known to the correspondents ia
France, aince Kdly says, they are »ble(oguesa
who it is that Ri{^*suspeets on this ^ide. Thia
is a farther intiinatioUf that Ri|( had friends on
the other side of the water, in wliose power it
\«as euually to have betrayed the secret*
Kelly then tells Uilton, *' That it is ubsohite-
ly necessary to make no more use of their pre>
sc^ntaccompt book; since they that have got part,
may by the same method have got the whole,
This is a direct conliission, that the name« of
Jones and lUiobfion, and others on which Kelly
was questioned, were really a part of Iha
cypher in use between him aud his correspon-
dents in France : And as Kelly writ word thai
Illinetou vas the person princi[»ally struck at|
and knew very well by Mrs. Barnes's coolieB*
sion about the dog, who I Hindoo was under*
stood to be ; it amounts to a confession, thai
that exposition of the name of lllin^ton waa
true.
He then ndds, *< All that hes in iny power
now, will be to deliver to your cousin Ihg aw/
goods yon can send by private hands; he be*
ing determineil not to receive them any other
way." So that by private bauds Rig waa aliU
witling lo receive them.
However Kelly says, <* If your business caa
be coaveyed any other way to him, you can-
not do tne a greater favour : For to lell yon
the truth, it is against nay opinion and incii>
n»tion to have any farther dealing that way/'
Thia shews what dealing Kelly had hitherto
had ; and at the same lime explains how Carta
comes to be employed in managing the biahop^a
correspondence for the future.
Kelly adds, *" That lie does not know how\
far this late affair may adect Rig. This shewa
that he knew Rig was engaged in some cri-
minal correspondence ; since the recetving a
dog from France, or beifig called by a lioti«
tious name, cool it not other ivisc have afircted
him.
On the lOth of July, Carta writea a lopf
tetter about Korne MS. and Weston^s opiniou of
Ih4.'m, Ns tilao that ol Fioch« What is meant by
maiMiacriiits, di>e8 not appear; Ufiiher is it
csrrtnin who Fioch is, but he is spoke vf as be-
ing in liii^h repute wiih Weston<
C>ii the l»t ot AutrUMi, Dillon writes to Carta,
** That he runnot apply to a more sutficient
juflifi* than Wesioo uhuui hia ronceni nittt Mr*
V[Uth:^* aud he ofr^-n i^-.-hu, •* That he
ihsikesa most pariicni ' Mr. VVirsion'a
jtid^ment; and that i- utirely on Wes-
ton's frii'od^hip and Batice*^* and Other to^
preNsion% of the like nature.
On Ih^ 14tU of July, iiaion wrilc« alatiarl#
391] 9 GEOUGE I. Proceedings against Bishop Atterlury^
Weatorf (the bitfhop) enclosed to Carte, io the
IbUowiny^ wordB :
<* To Mrs. Weston, inclosed to BIr. George
Williams, at Mrs. Harbin's over against
Somerset- house.
[309
" Saturday 25 July, 1722.
*' Dear Madam ; I cannot on any reasona-
ble grounds complain of your silence, though
long it appears, because I am informed of ue
ailuaiion uf your health, and the concerns
your family are in, by bankrupts and lawHsuits.
Permit me, however, to fuliil a part of my
duty in presenting you my best respects, and
tinalifrabie atlarhment to you and yours. I
wish this may tind you so tar recovered from
jiast misehancrN, as that you may be once more
\n a humour uf a ffurding me a ci»mfortabIe line.
1 have all the stock I bought lying by, and 1
Intend it shall remain sf>, until you advise me
of the proper time to dispose of it : Being fully
convinced, that in the slippery ai^e we live in,
1 cannot confi:le to any better than you. I
bear many say, that our stocks will infallibly
rise again to a good height, by Mr. Wal|H>le s
wise and able management ; I'roin whence 1
should hope not to be so much a loser in re
•erving mine. 8till my lights at this distance
can l)e hut very imperfect : Therefore, dear
Madam, 1 will earnestly pray your direction,
when you fiiid leisure to grant me this favour,
as also of forgiving this trouble, for which I
offer amends iu any manner 1 can be of service
to you. Tlie few acquaintances of yours 1 con-
verse with in these parts, are well: and rely,
as I do, on your friendly advice in a most par-
ticular manner, about their concerns in the
funds. They disire you will be pleased to ad-
mit Mr. I^kinner to receive your commands,
who is diiected to call upon you, and explain
some particulars too tedious for a letter. He
ftccms to be very ready at business, and will
i>boy your ordi^rs punctually. I am, with the
grc'atirst esteem and sincciity,— Dear Madam,
your most humble, and most obedient servant,
« DiGBY."
On the 16tb of July, Dennis Kellj^ writes
word to France, that Skinner arrived in town
the night before ; that be had been to wait on
him, longing much to know how the fall of
stocks adeclid his friends.
On the 26th of July, Kelly writes to Dillon's
»ecrrtar}', *■ That Kig and ^in bad been lately
together; and that before they met. Rig had
sent to him, to know if Skin stood well with
Dillon and partners." He adds, <* That Rig still
seems to promise his assistance, if he can get
the better of his suspicions : and that Rig went
into the country, the day after Skin and he
had been together.'* It appears by a deposi-
tion a:incxed to this RejMjrt, that the bishop
came to town on the 19th, and returned to
Bromley on the 2 ist of July.
On the same day tliat Kelly writ, Stanley
iwho is the same with Skinner) writes to
)illon, " I have beto with your correspondent
10 vbsn Uni Utter of cndU wss seot, who hu
ition decypuerit. in tbis parai(rapli,»
I of saying a word about the funds, M M-
Its Dillon, ** That they are ceruinly be-
id by some one entirely in the secret, wbe
partly answered my demands, and pnwises to
comply in all points with your directions.'* He
then adds, ** I must now give you an sceoeDl
of what product may be hoped for from the
public funds."
Then follows a paragraph, some few letlHi
of which are in cypher, but as your comnillss
is informed, in such an easy and obvious esr,
that any one that reads it, may with the last
attention decypherit. In this para«pipfa,»
stead ( " ■
quaints
trayed \ ^
has given such light into all their affairs, that
the most minute circumstances are perfectly
found out ; that therefore he mustcautioD hkBt
as he is requested, to be very careful who be
converses with, even at Paris, without eioepv-
ing any one."
This paragraph explains sufficiently what is
meant by Slocks and Funds ; and it is rausfli^
able, that in Plunkett's cypher, ■ broken^ ii
explained * agents.' The owuinf^ themseffsi
discovered by some one entirely m the acsn^
proves there was a secret, and that the dM-
coveries of the government were well fouodsl.
He then adds, ** I have partly prevailed with
the correspondent (Weston) to undertake whst
he had firmly resolved against, which is the
procuring arrack, which cannot fail SMCOedisg
by that channel." And on the SOtb of July,
Carte writes to Dillon in the following words:
«< I had the honour of intrmlQcing Mr.
Stanley to Mr. West, who received biw in the
best manner, and assured him of his readinca
to serve him in what he could. Mr. St. was
much p1ea».e<l with him ; but did not engsg|e
him to solicit in his arrack affair, which yet n
of tlie greatest consequence to him, anil Mr.
W. is nio^t capable of serving him in, because
in the esteem of all the commissioners in whose
power it is to relieve him in the case. And ss
Mr. W. would do it effectually, if engaged in
it, so Mr. Stanley desires roe to beg the fovoar
of yon, to request the favour of Mr. W. in a
letter from you to Mr. Stanley, which he is
sure wouhl fortify the^jTood inclmatioua Mr. W.
has already to serve him, and effectually «i«
gage him in the thing."
The original of this letter bein^ stopped,
is, as your committee are informedy u Carte's
own hand -writing.
What is meant by these mysferioospassagci
about arrack, must be leti to tlie conjecture eC
the house.
Jf this be compared with the bishop's letter
to Ddlon, and with Fancier's depoaitiOD, it ii
not improbable that by * arrack' may be meail
contributions of money.
But whatever is meant by it, the committss
observe, that it was a |K)i«il of the greatest im-
l>ortauce to the conspirators, since it wsi
thought necessary to be laboured by a persH
sent from France on purpuse; and the bUiop^
reluctancy to come into it argues it to have
been something very dangerouvt wkA bey8u4
the ordinary lengths of bia r "
\ Metifjor a Trensnnahle Conspiracy* A* D* 172S. [S^^
r««» ttiiittlte jititinpftHirectjoti I (now in custoily), Cmrie snd Dennis Kelly*
under u 11 ili^ disguises of ofttn tisited George Kelly*
and nrnitk, is submitted
I jnitgrnful, uo wbicb, it is oi'len
lltit'iTY rfly.
H»'v finvihiK thus ^^^^ before you
19 in the inlrrcepl^*! cor-
i itf- »o the bisihop of Ro-
, will now proceed to
1 (id rn iliesume corres-
iUuti^ to lieorge Kelly ; vrho, as
Vft belure, acted so mucli uuder
I ! ce of ilie bishop, thut
I ^ would lake &uy step
.! utfair of this iinture^ with-
'\-Z \\\ least uiade privy lu it.
. '■■ •■ /^!- whftt wa^
ids of me-
[eg*_^nt» 'UOiiLjiiL uv Kelly to
^Ibcy \\n\\ Kouie farther purti-
niieV pajieri, rtftiitiag' to Kelly
\\y Itud owDed to him Xvm havirijOT
lyat AviiTnou while ihc Frelender
iM at hia ifturn froti) Fniucfi la&t
ht over fctverul papers and let-
th« rest one in Freuch, in the
igof Dillon's secretary, iutituted
tttuMy ot!Vrt?d lo curdiuttl Dti Uois,
At ific . .; the Hoo^e of
taio thrwri' ud, preferably to
< lilt' rcul interest of the
»r In tlmt effet'L Thatthii
■^ = to be lnifidatedt
/ist, und turning
luai would accrue to
agaiuu pnhliHhin^ it.
. . ..nil at other times, that
uiRwd pounds, nay, fifty thou -
* T hv sufficient fur brintpng'
liat he would ifurraut
Ht
ned to be a
!V>,
numbers of
ir for hitn:'*
fitfil from
nn DdlonN se-
rs/ which Kelly
E""
Insii Kofdiirs.
¥
iL Kelly propo«ed
1
■ ■■*l to acute in
t»"'
he «aid he
ti'i . i; . .
10 make hitt
IJ.- A,
\ tee obierTe,
ry tin>^
was iakcD
»b.
1. -IV^
ifl|Mlt»onfMi to hihi houif^ iuue htj-
■^flUlnt^ht rHy on hi« honesty"
f Ti w Inn iVHllv 'iv.ni
Op • of writings he
lit'' :>t to Mr».
ffc^ u-,,.,i .i. ;.^,.^ „. hi« lodgin|pi»
i4| that tUiH ^i^ynoc, JoUo E*lunkelt
As George Kelly iti frptpietttly designed by a
great variety of tittilious names in the tnler-
cepted correspondence^ the couimittee think it
proper first to apprize the House, what reason
there is to assert thai those nanieMdo really be-
long to Kelly, and then to shew the nature attd
import of the correspondence carried oo undex
those names.
It appears to yoar commitlee, that since tli^
bejjinninjf of April 17 '22, (the time of Kelly 'a
last return from Prance) a great number of
letrerC gotnjr to France were by order of the
government opened, and copies of them taken ;
and that several of those letters, thou^^h signed
by diifcreni uanies, were observed by thecTerka
who copied them, to be all in the t.ame hand-
writintj ; and one of the orij'-inals baring been
stopped for a specimen of the hand, and bavins
been Bhewn to John Malone^ he has tlepoaea
upon oath that he hud ot\en E;een George Kelly
write, and that he believes it to be bis baniT
Three oilier paperi»i seized at Mrs. Barn«^*i,
having- been shewn to Alnlone, be has aworu
them seTerully to be Krlly** writinj^ ; and the
srime three papers having been abewn to the
clerks of the post-office, they have sworn, That
to the best of iheir knowledtfe and belief, at well
the original letters stopped, as the oihei** sent
farward*, which were signed, tome of tliem
Johnson, otbent Halfield, J* J. G. H. and \Vil-
kins, were all in the same hand with thoi^e three
panerB «o attested.
This general proof fives several of the names
to belong to Kelly ; and it is remarkabJe^ that
if any one of ttte names above 'mentioned be
allowed to belong to Kelly, all the ^est by
which he signs, iu" is directed to, may, by the
%eries of hi^ corretipoodence, be sltewn to belon|j^
to the same person*
Btityour cotnmittee farther obser? e, that tl*
most every individual name he makes use of
is atiendetl with i^ome particular proof, which
determines it to belong Co htin ; of which notice
will be taken as (he names arc mentioned.
It has been observed already, tliat he came
ftom Fiance about the lOih of J>ecember, N.
8« 1751, and thui a letter was fonod among
the Lishr>p*s paper*!, dated the 16tb of Decem-
ber, io wluch mention is made of a letter re-
ceived by Johnson, and an answer returtied
tome time before in JohnRtm*i» hand.
Neyuoe declared, tliat the hist memorial (o
the regent, which Kelly employed him to draw
up, was in UecembiT, 17*2 !« aud that tt con-
tained a demand of f*t<e thousnnd men for the
as^iMiance of the conspirnlor*. In February
following Kelly went again to Frnoce, and to-
wards the end of April, tiie goveruuient re*
ceiviNl unqoe^dtfliable accounls, that repeated
application had been made to the Tegeut for
ttuf h a IkhW of forces.
Viit bishop in bin ' ' - - '•■* - -^^ "'*-
Kelly's return from I
receipt of a letter, ami .v.. .; ,;.,
Mart, by Hatfield, and \}f a Icttc r i \^'
S95J
9 GEORGE I. Proceedings against Bishop Atierhuy, [996
tender by the sando band, and mentions Hat-
field as kuowint^ his present unfitness for bu-
siness.
But the letters signed Hatfield, which were
copied at the post-office, are sworn to have
beeu in lh«* same hand ivitli other papers which
are sworn to be Kelly's hand- writ! n(|f. And it
appears by a letter from Marr to Hatfield, that
he was the person to whom the dog' was sent
for llliny^tou; which shews Hatncld to be
Kelly, and confirms Neynoe^s information, that
Kellv received letters mrecte<l by the name of
Untneld. And it appears, that he not only
brougcht over letters from France, ag^reeably to
what was told Mrs. Levett by Mrs. Barnes, and
confirmed by Neynoe ; but that he was trusted
with a letter to the bishop from Jackson, the
name made use of for the Pretender in Plun-
kett's cypher; which cypher it is evident
Kelly was no stranger to, since he makes use
of several other names (Lane, Howe!, Xoland,
Cane,) found in that cypher, to denote the very
same persons that are there expressed and de-
Hoed by those names.
On the 2l8t of April, Dillon's secretary
firitcs to Joshua Vernon (which will be shewn
to be another of Kelly's names), congratulating
his safe return, and tells him, ** That bis first
letter was very uleasing to Mr. Lane (which
IS explained lord Marr, in PI unkett's cypher),
who waited wiih much impatience for those of
Monday, hopinn^ to receive a more pariicubr
account of bis bills, which he daily becomes
more pressed for ; the prospect of a good vint-
age increasing by late showers which liad
dropped there, and raised the spirit of the
labourers. He adds, that it seems more plain,
that on advances of ready money, good bar-
gains may be proposed."
He afterwards tells him, ** That Dillon ad-
Tiscs the money which Kelly mentioned in
Clynt- Ill's hands, should be equally divide^l be-
tween Medley and the Pretender." Who
Clyntun is, does not appear to the committee ;
but thry see reason to believe, from passages in
other leUers, that Medley means the late duke
of Orniond.
He then tells Kellv, '' That Farmer and fa-
mily are well, and that Mrs. Hughes became
80 very uneasy she was dismissed, and is on re-
turn.''^
This passage shews tiiat Farmer means the
Preti uder, it being well known that Mrs.
Hughes was nurse to the Pretender's child, j
and was on her return to England about this |
time. I
From this letter your committee observe, j
that Kelly was employed by Marr and Dillon, '
ID soliciting supplies tor the service of the con-
tpiraturs ; and that he had act^uainted them of
a sum of money lodged in the hands of 0!)c, j
whom they call Clynton, which they advisetl
should be equally divided between the Pretender
and Ormond. Whether Kelly was consider- •
able enough to have this advice sent him for
his own goveniroent and direction, or was only ;
to be the cliaauel for conveying it to some other j
pNcrson of greater distinction, it left to the oao-
siileration of the House.
On the 33nl of Aurti (as hae been obiervcd
above) Kelly sent iiie bishop's packet of leir
ters under cover tt» Crordon at Bouloifnep wi^
orders to him to deliver it to a tall black mm,
who would soon call on him for it.
This person is in other letters called Cmr;
and appears to your committee hv sevenl eon-
current proofs, to be James Talbot^ an liUi
papist, concerned in the Preston FebelUoo, anA
now in the Spanish service.
Kelly, in his examination before the eon-
mittee, owned his beingr iatimately aoanainted
with this Tullxtt, and bis having seen uim the
morning be left EngUind ; and a letter signed
J. Tully)t, was seized among Mrs. Bamea's
papers, in the same hand with a letter sent from
France to Kelly, signed J. T. which is an an*
swer to one writ by Kelly to Crow*
On the 29th of April Gordon acknowledg^
the receipt of a packet ^already proved to Im,
the bishop's), and says, he dehvered it to ttt ,
gentleman as he was directed, who set eatiir
Paris on tlie 30lh of Ajjiril. On the lot of Mt|t .
Dillon's secretary writes to Kelly, *' YeoK ;
fi lend Crow is arrived safe, and delivered iht ^
three books you gave him, ao directed."
On the 3nd of May, Dillon himself writso le ^
James lUker (which will be shewn to be aaO".
therof Kelly's names) and sayo, " I nw je«
acquaintance Crow two days as[o, who M)
vered me a present from my cousin Jooeo." ,
And on the same day Jameo Talbot writes H
Kelly, *< That Mr. Gordon ^ave bim thepadtil
at Boulogne, which he delivered safe on Uon^
day last, as directed." He adds, '^ the person iff
ceived me very obligingly, and was mocb mon
open to me than I expected. Then, and sinMb
he let me know he dioes not despair of doiof
bis business."
On the 7th of May, Kelly writes to DiAHH
<^ That Illington was glad to hear be had ro*
ceived his letters by Crow, and wished bis not
might be more to Dillon's satisfaction."
From these i)assa;;es it appears at one vie«|
that the bishop's letters were sent by Kelly tl
Boulogne, by the post ; and thence conve/M
to Dillon at Paris, by Talbot, Kelly's intiuial^
friend.
Oa the 24th of April, Dil)on*8 secretaif
writes to Kelly a long account of one Xulaal
(Nicholas VVogan) who was to command one 01
the shi|is that was to be hired of sume Swedii^
merchants at Cadiz.
This agrees with Mr. Craufurd's letter of tbf
25th of July, N. 8. 1722, in which he sayig
that Nicholas Wugan was to have the coin*
mandofone of theshii>s under Morgan, sno
of which having Itecn lately taken at GenoOi
the commander (as your committee are in*
formed) has writ over hither, that she wa^ bii«(
of some 8weilish merchants at Cadiz, withsi*
veral other circumstances, which agree entiri^
with this letter to Kelly, and shew for wh2
use those Swedish shi|»s were hired.
In the same letter Dillon's ■ecretaij tita
W «i^
pthiriffor a Treasonable Conspiracy, A. D, 17$JS,
[398
** if 0m ktridlY Freeman (the Pretender)
^B K p\\y Bnfiwen ihif let-
, Ml4 MVK, *» I w)^ Tmaysuc-
I hU itHmiey . " \\ i , ti i ^r com pawd
rti« sent sbout that limp from
lit Romr, tliiit tlic Prekndt-f was
ng- to eciib^k, makes it moi« than jiro-
Imi be is th« clni^f to h horn Ketl)/ vrlnhes
y tb«i piT«^ an account of t f ery im-
n he httti with one Ilore.
I lore, your committee will
po«rtiTe!y to determine;
^ et eml pasBa|res of the let-
Puppcttm to them hiji^hly pro-
tiV Harry Goringf ; in n hieh
I the more con firn»ed hy Here's
kl fts ill of tlie jj''>nt in France,
■^ejilf mbcT : and Kelly take^ uo-
-t-book, that sir H.Cj» wtnt to
lu(^txst^ wliicb was the day be-
bhnp ivs» 1*1 ken op.
• letter Kelly says, " Horc is most
have a niore satis factory account
ant? hf>^>ea there may he room
ct I here was nine remitted
n, fls he ti^Us me, ^end
whit h with the 12,000 arms
^hy ilAQstichrs (OrmotHr»i) relations
*► ire '! ' ?y to be »i*nt wherever
fcod i >» Willi he hopev« hrin^j
a of bearing,**
nmittee obsrrvejj, that thi^ impa-
rHofP fi*\\< in in ru.int of lime, wtth
beoiinl I ) Layer, Ihiit lord
I soil Gr J ' t^rintr, I'^nl 8traf-
mA iilii«"y, were tr"i"S? to do a ra^h thing
l^or of the Pretetirfer. That it likewise
IV wHb the letter to l>ods\*orlh, mentioned!
k»lfwmrr pfirt of the ftenort; where it is
''pe«i(iven byG, to expect a
V N. that he had raised
I Kid to supply 1^1 0Tj2^a Of
Niry pn>»i*nuns;^' part
Dvitiijnfi nripear to haie Uven the
Clyiiton and company have aent Malcolm half
nuiney, wliicli Hot** aititl he had, to pay for
the ban els which Jactjli* ha* nt hi* tli§p*»»<rtl.**
It has alrea<ly been »hewn thnt Alnkolm
means the Pretender, and as C'tynfon*jr money,
which was before to he divided l>etween Or**
mond and jHckaon, H noiv to he Ren! half of it
to Malcolm, this in a further confirmation that
JackFon means the Pretender ; and agfreea
with the ititelli*rence from France, of sums
sent about this time to Orraond and the Pre-
tender.
In a letter to Kelly of the 3d of May, was
inclosed one from Dillon to J em is on, who ap-
i>ears to be some inlioiate friend of John Plun-
kett's, and was present in France, wheo the
cyphers were settled between Dillon and Kelly ;
but his real name is tindiscovered.
In this letter Dillon acquaints Jemison,
** That Mrs. Freeman intends to brintr her
cause to a trial i^ soon as possible ; and that
he behefes Mr* AWI'g departure will be no
detnment to her pretensions," This passajre,
compared ^ith other letters, shew^ I hat by
Freeitisn is meant the Pretender, and Abel his
majesty ; and confirtirs the destgrn of au insur-
rection at the be^inninfi of May.
Dillon then desires Jemiion, »* To assure
his cousin Holers (John Plunkett) of his hev|
re<?jT^rts, and how much lie depends on her
friend! t and kind offices in his (kmily con-
cerns, which bafe gtcat need of so good assiat-
ance,"
Plunkett hein^enamineil by the committee
10 relation to this letter, denied his knowings
any such person.
On the 7th of May, Kelly writes (o Dillon,
acknowledsjinfir I he receipt of the leiter fot
JemiM^a, mentions a long- discourse he had
with one whom be calls Mr. For, who resent-
ed his Muff put out of the Pretender's service
by Dillon ; hut Ktlly endeavoured to convince
him that Dillon had no hand in it, and laboured
to refrain him. Wl.o Fox is, does not appear
to 7our committee.
ketly
then lakes tiotice, «' That the Pre-
-. .- — __.. .,_ fender*!? favour to More, &C. hail ifiven g-real
lenliouetl in Onnond'* letter of I offence ; rnd ihat Rofjers (Plunkett) hearioir
pti), in Mr Hianhope'g the ath of ' of the freed* im which ITore and some of hia
partnrr^ took with him, is mueh dinolilitfed al
it, »tid ordert'd JeinisoH to tell Dillon so,^*
Your committee ohserf e from this passage,
thct Plunkett is treated a« one whom it was
tlif^icht of conscfiiicnce not to disoldijfe'; and \
lli;J Kelly was apprised of his intimacy with
Dillon.
Kelly then ^fet an siM*ouiKt of his havTti^
calM on Mrs. Medley's (the duchess of Or-
mond>) thaplain. The letter which desired j
. , him so to do, was directed to Jan u^i fSaker ; f
m tccouiit of the lute duke of | and this, in which he ^ay^ he ha*i <i\\kd upon 1
expected with offtcera Slid l the chaplniu, Is aitrned J. J. whieU shews th^ll
I James Haker is the ^\ue with J.J, which sp
the initial \rv— -' 'tunes Ji.hnM.n.
On the J . Kelly tt ^Ion*j
secretary Li, ..,^;-i «f *^»*^ *^' ni»d#|
hy the {/overoineiit, snd the eocamptneut of tk
ain in thtt leiter of Kell^ *h.
" That he hears Ormond con*
\ Ibe old Ktring, that he can get
Isai't, I wish the sending over
J%e, cofitfiiisaiona ro*^ not do luore hurt
load ; for that affair ts already become
errt, and may pick some friends, as well
"*winl>ers ou lh»'ir g^uard.'*
^ aheWK thai the scheme for an
at al thai time in ftuch forward-
BMons were actutdly >^fut over
PfMftlt
Half.' M^. fi »J rvh,..,... .f^rretary
fKfV y have
H|u;.--^L, U-, ., h -,, .1. for the
iftltml 10 hoy; and that he hopes
999]
9 GEORGE I. Proaedingt against Bishop AfUrhuy^
king's forces ; bat your oommittee observe bis
Msnraoces of success were so stroni;, that in
tbe same letter he si^s, ** The kinf will ^
abroad next month, and if you can then com*
pass barrels enough, the sooner the wine comes,
I believe the better."
On tbe 10th of May be was taken into cus-
iody ; and it appears to your committee by tbe
deposition of one of the messengers who seized
him, that when he was seized he offered to
draw his sword, but was prerented. That tbe
other messenger being called out of the room to
rescue one of their companions, who was in dan-
ger of being murdered in the street, Kelly called
to the people of the house to lock the door ;
and seizing his sword, which had been laid by
in the. window, drew it, and made a iiass at the
messenger, who verily believes he did it with
an intention to murder him : that he afterwards
made a second pass, and swore if he came in
again he would stal> him ; add said, that if the
secretary of state who signed the warrant had
been there, he would have done tbe same.
That the messens^er going out to call for help,
and returning within a minute, was told, that
Kelly had \\\ the mean time burnt one of the
papers seized upon him.
Another of tbe messengers has deposed, that
before Kelly offered this violence, he had been
shewn by the messengers the scutcheons or
badgesof their office, and likewise had been
. t shewn their warrant signed by one of the se-
cretaries of state : that the warrant was also
shewn to a person present in the room, who
perused it, and declared to Kelly, that it was a
sufficient authority for apprehending him.
Your committee think it unnecessary to make
any observation on a behaviour, whicli implies
bis having so strong a sense of his own guilt,
that he rather chose to stand ail the conse-
quences of resisting and assaultio«j^ hi^i majes-
ty's messenger in the execution of his office,
than to let his papers fall into the hands of the
government ; feariue (as may justly be con-
cluded) that such a iRscovery might prove fatal
to himself as well as others.
But your committee 6nd, that however care-
ful he was to destroy all his papers, yet one
was seized upon him and preserved, which is
of itself sufficient to prove him concerned in
tbe treasonable correspondence above set forth.
It was a list of directions, in the following
words : — " To Anthony Saunders esq. or Mr.
Joshua Vernon, at Will's coffee-house, Covent-
Garden, London.*'—" To Mr. James Baker,
or Arthur Stephens, esq. at Burton's coffee
house in King's-street, near St. James's, Lon-
don."
Bv the three first of these names, most of
tlie letters to him alwve mentioned came di-
rected ; and your committee find, that a |)erson
having been employed to watch at Burton's
coffee-house, who should take up letters di-
rected to Mr. James Baker at that house, has
deposed upon oath, that on the 14th of 5Iay, a
letter so directed being left there by tbe post-
maa, George Ktlly came ia and took the
same, opened and read it, and went out
house with a letter in bis pocket \
Barnes's.
It appears to vonr committee, that i
was examined before the lords, the
Majr, 1723, he endeavoured to accoun
receiving letters by various names, by
that one Mr. Talfciot, who was under
and who went for Franee or Spain
week before, had desired him to call ai
houses for letters directed to the said T
several names ; and particularly that tl
directed to Baker, which he owned he 1
was for the said Talbot. Yet ^our ooi
observe, that the said Talbot arrived at B
on the 25th of April, and did himself seoc
from Paris to Kelly on the 8d of May,
J. T. directed to Mr. James Baker at I
coffee-house aforesaid; and letters co
to be sent by that direction fi-om Paris,
time that Kelly was taken into custody,
Talbot was all that time in France.
Kelly being examined by yowr coi
in relation to these Ietter8,j>ersi8ted in tl
account, that they were for Talbot, a:
the occasion of Talbot's going abroad wj
Talbot had received an account of j
Crofton's being dead, and of his having 1
what he had. Which particular, youi
mittee observe, agrees in part with N
account, that Kelly had shewn him a h
Burton's coffee-house from Dillon's ai
secretary, in which it was said, that tlie i
general CroAon would be a great loss to
field, which name Kvlly explained to
mean the late duke of Ormoud.
Kelly farther owned t(i your com
'* That lie went to France the l>eginniiif
winter 1721, and agnin the spring thi!
on account of transactions he had in the
there. That he was desire<l by a brt
the lord Dillon's to cary over to general
an act of parliament relating to the es
that family, but that this was the onlji
he carried. That lie saw Christopbei
cock, who is a captain in Dillon's regime
knew sir John D'Obryan, who isDilh
cretary, and had likewise seen Colin Ci
of Glenderoule at toffee- houses, but b
ver spoke to the latter."
Yet your committee observe, that a
letters he often sends services ta sir Jo
Christy, he does also to Glin and Collins,
last name is explained Genderoule in \
cypher taken among Dennis Kelly's
And when he was examined before the
he owned his having received letters fn
Glasgow at Paris, which name in Plu
cypher is expressed by the fictitious n
llowell, and has been shewn above to m<
same with Quit- well, Querry, Booi
and other names which belong to Dillo
cretary, and are subscribed to several i
able letters from France.
Kelly denied to your committee his li
all known to tbe late lord Marr, or Ak
Gordon of Boulogne \ though b* owi
md cihers^for a Treasonabh Ckmspiracy^ A. D. ITSS. [402
In this letter to Gerrard be says, <• That h®
was bailed tbe Thureday before, and that th^
jad(|fe8 were De?er known so severe in any case
of the like kind : that most of the questions
asked him at his examination were about a lit*
tie dog which he fpot from a snrgeon when he
wasla&tin France; that thev mentioned no
persons to him but general Dillon, and one Mr.
f die name of Johnson, by which name
sr to GordoQ was signed, and the answer
lerdoo directeil: and the letter from
IS directed to Hatfield, which name has
ewo to mean the same person as James
I, and has been proved by other circum-
to belong to Kelly.
prned his writing to a broken banker at
a fictitious name in relation to stocks, | Morgan : that to the first he owns he is a little
he had forgot the name, and that he
ceiTed a letter in his life signed by a
I name.
rour committee had reason to I>e1ieve
9 whole tenoor of his behavour at his
itioD, tliat he grosly prevaricated with
lor at his first coming in, before he
oake any answer, he very formally in-
lat nothing he bliould then 5?.y should
i use of against his own life, nor as evi-
gainst any other person : and upon
aditions he promised to answer directly
lestions that should be asked him.
committee seeing some reason from the
of his insisting upon these conditions,
re that he was disposed to act inge-
with them, ordered him to withdraw,
y might consider amongst themselves,
it was in their |H>wer, or proper for
agree to conditions which would have
is examination of no effect; and upon
g oalled in again, and receiving such
as the committee thought it in their
to gire, he denied his knowing uny
all of the conspiracy. This your cnm-
ipprehend to bo altogether inronsistent
e conditions he insisted on, which ma-
implied that a confession of all he knew
endanger his dwu life, as well as effect
nraons. But in the course of his exa-
n he owned to them, that the promise
id given him was not sutisfnclory,
,as he pretrndeil, he could not have an-
Iheir questions in any other manner, if
i had come up to the conditions he
eommittee observe, that Reily was ad-
D bail from his first confinement about
Srth of June last, and tiiCy conceive it to
at aggravation of his guilt, that he im-
ly took adiaiitage oi' (IiIk enliir^emrut
ne the same treaKODaliic corrcspon-
and to send triuniphunt accounts to
of bin hating bafHed the government
bardened obstinary of his behaviour ;
iaipruving, as far as in him la^', the
ranted him by the favour and uidul-
tbe laws, to the subvei-sion (»f our
BMWtilutiun. For on the 1 1th of June,
M)r few days after his being out on
I tent a long letter to (lerrard, (whom
ioulteebelieveto besir John D'Obr^au,
bna already observed) in which, the
I ft^idin tlie matter, lie 2:1; es an ac-
rUi •owiin's late misfortune, as from a
Wtmi but in asubseipient letter to Dil-
raf JhW| be owns the writing this
Z?L
known, having carried over an act of parlia-
ment to him that concerned his family, but
that the latter he never saw : that lord Carteret
had a list of five or six cant names, as he called
them, which were, lllington, Jones, Howell,
Quitwell and Hacket, and what be never
heard of before ; that however they would per-
suade him he knew some persons that were
meant by those names, which he vows he ne*'
ver did ; and whosoever lllington is, be was
the person principally struck at. That he is
not at all satisfied with tbe behavionr of his
friends: that Gerrard*s old friend Rig indeed
offered all that could be expected of the poor
man ; but others in whose \wwer it was to
do mt»re shewed no concern at all for bis mis«
fortune. That he lay ten days in the closest
confinement, without so much as a message
from any of those be depended most ujfon ;
thut it is well he had no secrets to reveal, since
such usage might provoke a passionate man,
and that the world is pretty well convinced
that he had nut, since no ppr.sons seemed to be
the least apprehensire thut he could do them
any mischief.
" That this shews what the friendship of
I some people is ; but whilst there is one
! righteous person, wc must, for his sake, over*
look greater misfortunes.
** That he is very well, ami under no great
concern for any thing as to himself hut the ex-
pcnee, having more than his own to answer.''
He concludes, with desiring Gerrard to
direi-t under cover to Mr. Andrews, at the Dog
and Duck iu St. James's- street.
Your committee fiml, that af\er this time se*
veral letters did come from France, directed to
Mr. Andrews at the -Dog and Duck, and that
the master of that house having l)eai examined,
has deiiosed on oath, *' That one Andrews or-
dered him to take in letters that should come
by the foreign |M)>t so directed, and that three
of those letters were directed -to the Dog and
Duck in King-street, by mistake ; hut were
afterward brought to his house in 8t. James's-
street, and taken up by Andrews, who happen«
etl to be there when they came in."
It ajiiiears farther to your committee, that
the said Andrews having been examined, has
deposed on oath, '* That Mr. Johnson alias
Kelly desireil him to take in some letters di-
rected to him, Andrews, at the D(»g and Duck
I ale-house in 8t. James's-street ; that he re«
c«:iv(.(i in the whole four or five, in the months
of July , Auirust and September last, to the best
of his' remembrance ; that they appeared by
the chargfe of postage to be foreign letters, and
that he delivered them un- opened to the said
9D
403]
9&E0RGEL Proceedings against Bishop AHeriwy^ [404
Jolinmm alias Kelly, who paid him the poaUge ;
that he, Aiiilrews, knew nothing of the con-
tents, nor ever returned any answer to them."
On the 18th of June, Kelly writes to Crow
(James Talbot) (fivin^ him an account of hit
late misfortune, and the reasons of bis silence,
and mentionini^ his design of going over into
France, as soon as his appearance in West-
minster-hall should he over.
*' He then sends his 8er?ice to alt friends,
particularly to sir John and Christy (sir John
D'Obryan and Christopher Glascock,) and de-
sires Talbot to tell the latter he must find out
some other address for him to write by, since
he h&s good reasons for not using the former,
which have prevented him from writing to him
these ten tiays past, and that if it were to a
French person, it would be so much the
hotter."
^ Your comniittee observe, that soon after a
French direction to monsieur Maisonneuve was
sent over to Kelly by Christopher Glascock,
which Kelly made use of for some time, and
the original letter in Kelly's hand stopt at the
])ost- office is so directed. They likewise ob-
serve the reasons which Kelly says he had, not
to make use of the old dirccliuns, appear evi-
dently to have been, that he was questioned lie-
fore the lords on the names of Howell and Quit-
well, which were the names made use of for
Glascock.
He concludes his letter to CnAv, with desir-
ing him to direct to him by the name of Wil-
kius at Will's coffeehouse ; and your commit-
tee observe, that not long afler, a letter came
signe<l, J. T. and so directed ; which was stopt,
and is in the same hand with the letter signed
J. Talbot, seized at Mrs. Barnes's ; which con-
firms Talbot to be Crow.
In this letter to Crow was enclosed one from
Kelly to Dillon by the name of Dixwell ; the
substance of which has been partly set forth in
that part of the Report which relates to the
bishop of Uorhcster. In this letter, *' He de-
sires to be excused from meddling in business
for some time ; but says it does not proceed
from any change of opinion, or resentment of
the little concern that has been shewn him ;
but fr(»ni a conviction, that without changing
lN»th their method and their people it wiU be
impossible to make any thing of it."
Kelly adds in Jiis letter : '* Your correspon-
douts at Will's and Burton's are gone, and de-
sire you RMiy write no more that way ; and
when you do me that favour, please to address
tinder cover to Mr. David Wilkins at Will's
coffee-house, Covent Garden, and not to An-
drews, as I desired."
This passage confirms the list of directions
to Will's and Burton's found in Kelly's pocket ;
and shews that the letters to Wilkius, as well
an Andrews, were for Kelly, though, as is be-
fore observed, *' He deniifd the having ever re-
ceived any letter under a fictitious name."
On the* 28th of June, James Talbot writes to
Kelly, <* Congratulating him on his enlarge-
MOtt and bt'havwufi and expseniog his sur-
prize, that he should at such a ^anctmne have
reason to complain of want of Tneods."
On the same dav Glascock writes to Iretoa
under cover to Andrews ; and as Andrews de-
livered these letters unopened to Kelly, this
shews that Irvton is another name for Kelt v, of
which the matter of the letters furnishes am-
dant proof.
In this letter Ghucock takes Dotice, thit
Kelly's letter to Cbitwood came safe. TUs
refers to Kelly's letter of the 18th to Dizwdl,
and shews Chitwood to be another naow for
Dillon.
'* That what he had recommended m reh-
tion to the new book of accounts would be ob-
served, and that Forrester had the sanse advice
Siven to him and Ormond." W ho Forrester is
oes not appear to the committee, but as be ia
mentioned here with the late duke of Ormoady
he is probably the person who wrote the letlen
to Dumville and Dodsworth above-mentioiied.
Glascock then tells him, '«Tbat Ormond
had expressed much concern for what had bt-
fallen Kelly. He afterwards desires the pir*
ticularsof his case, and to know what is wartp
ing for paying off the doctor's and apotbecai7*tt
bills, acknowtedges the receipt of a letter fraoi
IWers, and enquires afler Jemison."
On the 28th of June, Kelly writes to TaUMt,
" Of the neglect that bad been sliewn himyand
the reasons that he had to decline any farther
traffic with the merchants here ; he says, if
Talbot perceives no likelihood of a sudden
change for the better, he must retire to aome
cheap part of the country, if Dillon allows of
it; expresses his great obligations to DilloDp
and his readiness to execute any private com-
mands of his ;" and adds, (what appears to
your committee very remarkable) " If I were
m a condition to bear the weight of public busi-
ness, Dillon should never be at the trouble to
employ another, but tliat he is heartily sony
Dillon himself has done it so long for uograte-
fnl people on this side ; says, he never intesd-
ed to trouble h'ls friends on this side on his ow»
private account, but public ones of this naturs
are what he thinks they ought to take care of,
since they are best able to do it, and expect
the best returns for it."
Your committee observe from passages, thil
though Kelly would have it believed he only
corresponded with persons in France on private
afiairs, relating to the slocks, yet he here ownf
in effect, that he had Ijeen trusted with affiuif
of a public nature, and that those transaetiotf '
having brought on him the displeasure of tht '
government, it was reasonable tor him to bopt '^
tor support from those in England, who ex-
pected the best returns from his and DiUoo^
joint labours.
Your committee farther observe, that tUl
letter was directed to C'row, and yet in it «# -
enclosed one firum Ireland, relating to faaii^
affairs, directed to James Talbot, esq. •
On the 4th of July, Glascock writes to Kd^f
** That Dillon intended to have sent him a »•
ter of credit by the post, drawn on Mr. Hairclii^*
f otherSf/or a Treasonable Cmspiraci/, A, D. 1723* [406
t il buck till he heard from him, for fear,
il into the country, or by any other
at, it dioufd be bst.'^
I tbe 1 itb of July, Glascock repeals the
m1 hia 8y«pieioQ that the letters to Ad-
1 miscarried. Then acq u at tits Kelly
I expressions Ihsit he had seen from
eriMii and Mrs. Malcolm (the Pre-
ad his spouse) io relation toUawksby's
iliun in his late violent d isle m per.
committee observe from uhiit tollows
er, thatf ibough in Plunkett's cypher
stands for kinjf George, yet in the
r*s cypher it stands for George with-
' addition, and appears for that reason
de itue of to denote George Kelly in
ee. Be that as it will, ii is erident
at folio ffs, that Kelly is the person here
^Pretender's words mentioiied in tbii let*
|«a fotlon's:
awksby's steady and resolute behaviour
i fim operdtioD, answers the t^ood opinion
ftre long' had of hitn ; I am fully persuailed,
1 all the surgeons will do bt^reufter shall not
I able to alter his tentper, and 1 hope he ^*'ill
s off with patience and a short confinement,
f ivhich his health will become more perfect
id satisfactory to his friends."
L Glascock then adds, "Mrs. Maleoiro (the
dcr'a spouse) in her short way of expres-
I says, 1 am truly glad that honest Hawks-
f is recovered, lor i lake him to be a ?ery va-
Ttieo he «nys, ** I know these compliments
•ill be comfortable to a sick person from his
fnenda, for which reason I trouble you witli
tkeoif at a proof of my attention towards one 1
|iy>iowcll*'
Tb«e last words shew, thai this comfort was
"for Kelly, to support him under his
»le, which is disguii»ed under the notion of
and your committee think it unne-
^ tor theai to make any observation on a
t, which shews so plainly for whose sake
t WBx understood be had brought this trouble
1 bimJkrtf
GUsoock neit tells hire, ** That as he is
Qpon regubtiog his new book of accounts, he
liiould MS glad t'« know whether Kellj nod Je-
^ Mtm bad those by theui they and Glascock
1 together.**
t shews that Kelly *s joumies into France
Dt wholly on private affairs, and confirrns
;^i account of his having seen cyphers
Celly^s hands, and is again confirmed by
fr cypher found among Dennis Ktlly's papers,
I is in George Kelly^s hand-writing.
acock then sends him tbe French direc-
! had desired.
be 17th of July, Glascock writes again
J, to let bim kuow why the bill waj; not
id to desire a sure address. He like-
titioDS Kelly not to draw any more on
00 measieors Chitwood and Du-
GlaM
ob^
i il Mr. Hu
banker,
about the time that Mr, Crauford made the dii
cuvery above related about the uame of Dig by %{
and thm for some tinre utter, Kelly directs hit
lettem for Uillou to Duplessis, till a new cy«
pher, nhich he, Kelly, scut over afterwards^
cskme to be made use of.
On the 19th of July, Kelly writes to
cock, that Mr. Andrews received the sever
letters from Glascock all together ; which ^
orcastoned by a mistake iu ilirectiug them
King-stieet, instead of St Jameses; which
agrceti with Andrews's deposition above-mea*^
tiooed.
Me then ^* returns thanks for the letter I
credit intended him, and says it will come i
either to Mr, Wdkins at Wiirs coHee-hou^e,
to Mr. Andrews at the Dog and Duck/' This
compared witli Audrews^s deposition^ she^
that the bill was for Kelty hitiii^elf: wliich < "
serration the committee think it proper
inake, because, when he was exnruiued befor
them in relation to the letters directett to An*
drews, tliough nothing v^as said to him uboul
the said bill, he immediately endeav<mved to
explain away that matter by ihe foUoHtug pre-
varication.
tie said, *^ He had been desired by one Mrs.
Oxburgh in the city, daughter to him who waa
executed, to receive some letters for her from
abroad ; and that he did not kuow but he might
employ one Andrews, or some other friend to
take np such letters. That he had likewise re-
ceived some money on a bill for the said Mr
Oxburgh, of a little man, a hankiT ai Loth^
bury, orsomeuhere behind the Exchange, und
that he had endorsed the bill with hts owu
hand."
Vonr committee observe, that this last cir-
cumstance makes it probable the bill wtiii for
htraself, since his eodoisemfut on a loreign bill
(which is not usually uiade iiayalile to the
bearer) would not have entitled huu to have re-
ceived the money, nor have btten a suthcient
discharge, isxcept tbe bill had been made pay-
able to him.
They likewise observe, that Mr. Martia
Harold, on wboui the bill was drawn, whotn
Kelly avoided to name, does live l^ehiml the
Kxctange, (hough not in Lothbury ; and ia
Giuscock's letter of the 24th of July, Kflly is
particularly directed to endrtrtie the bill oit
Harold wit)i bis own name. Your committee
submit it to the cojtsideration of the fiouiie,
whether it in not evident from these circum-
stances, that Kelly received the sMid money for
his own u»e, as a reward for lu^ sutfL-rin^si, and
an encouragement to persist in hit* ubslnincy .
Ou the '23d of July Kelly writes to Tadlmf,
^^ That thiii bill and the hopes of success lo an-
other particular, when the term i» over, mokes
him n httle easy.
^^ That as to what they bad so olWn talked
about, he did not know what to say to it, and
that Ni«hola£ Wogan^s return auve him the
less hopes of it; but that he heard the tieatiti'
determined on some-
ISqu
ainly
Ymir oonuoittce obserret thai this was i thing \ bat whtOi and m what manner, if ith»i
407]
9 GEORGE I. Proaedingi agaimt Bishcp AtHrhmf^ [40E
he knows nothing of." Who it mtentby the
' beautiful squire,' the coDimiltce cannot take
upon tbpin to deleriniue ; but tliey obser? e, tliis
letter was writ the day alter Layer's return by
Eppinigr from Norfolk, at which time he told
Plunkett, <« That the Pretender's friends would
run down the ministry and king George iu a
little time, and bring the law- suit to bear on
their ou n bottnui, independent of the regent,
or any body else ;" as is related in Plunkett's
letter of the same date with this of Kelly's.
On the 3nd of August, Kelly writes to
Glascock, •* That he had receiired the bill.
That his letter of licence is not out till the end of
October, and that his creditors threaten then to
shew him no mercy: |n the mean time he
must lioue the best, and wish that some good
turn of fortune may enable him to do them
justice."
He adds, ** That he expected to have sent
the suite of their accounts before now, but that
the gentleman who was to carry them, met
with an accident the other night, which pre-
vented him ; therefore he cannot do it till he
recovers, or some other opportunity offers:"
Then sends a long account of Dennis Kelly's
beuig taken up.
On the 6th of August he sends the same ac-
oount to Dilk>n, and meutious the great terror
the guards are under from informers ; which
intelligence ^ your committee oWnre, was
thought considerable enoui^h to make an article
in the Pretender's late declaration.
On the same day he sends Glsscock an ac-
count of Sample's, Cotton's, and one Campbell's
being taken up ; «« That there were reports of
one sir Harry Goriiig's being taken, and of
forces being sent for the lord North and Grey,
lord Straffunl, and other persons of quality ;
but that he finds there is no'truth in theui, and
is told that the two last are come to town. He
then desires to know Dillon's private thoughts
from whence the ill report of his cousin's oir-
comstances comes, which has occasioned this
severity from his creditors, and says, he hopes
soon to send the state of tiieir accounts, which
has hitherto been delayed for want of a proper
hand."
On the 9th of August, Kelly writes to Glas-
cock, «* That Den is come to town, and be-
haves like a friedd ; but that Kep is still in the
country, and so is Ho ; and that tlte latter had
earnestlv desired Kellv to go to him fur a few
days, which hn had hopes of doing ; but in-
tended to make but a short stay."
Your committee see reason to believe, that
by * Ho' is meant Hore; and thev find an
entry in Kelly's pocket-book of liis having
been at Aire. U.'s and another entry in these
word; «'To enquire for Mr. at Mr. VVil-
liam Baysing'H at Horn-dean/' which is a
house much frvquentcd by sir Harry Goring,
as appears by a deposition'annezed to this Re-
port.
Who are meant by Den and Rep yonroom-
nitlae will not taka upon Uiem to determine,
tfaongh ihey think Ihit letter oovpeiel with
that writ three days before, may lead to ft die
oovery of the persons meant
Ou the 13th of August, Kelly writca egaii
to Glascock, «• That he utenda to viait H
who being* at a pretty good distance in thi
country, he cannot return under four or flT>
days." Which agrees with the circuniitaeo
of his going down as far as Hom-dean imm
Petersfield.
He afterwards adds a very remarkable f^
ragraph in these words : *' What would toi
advise poor Trotter to do, be is ready to tafce i
voyage any where, and is, you know, an hones
and fit person for that business; he has wrot
verv earnestly to me for my advice, which
told him I could not give till I heard froii
you."
Your committee think it their duty to c
to the House, that in the cypher fouud
Dennis Kelly's papers, in George Kelly's oir
hand-writing. Trotter is one of the fictitiOQ
names set over against the name of Carte, en
tliat on the day this letter was writ, his ma
jesty had issued his royal proclamation for iff
prehendinir the said Carte, against whom iti
there set forth a warrant had been issued b^
one of the secretaries of stale for treaaonabt
practices, and that he bad absconded and fle
from justice.
Yet it appears from this letter, that Geeig
Kelly, far from discovering where the lai
Carte was concealed, was desirous to promot
his escape, by getting him invited to undertak
a voyage into foreign parts ; and that notwitfa
standing tiie treasonable practices alledgc
against him, he here gives him the testiinooii
of an honest man, owns his having had com
munication uith him by letter after the time (
his escape, sollicited Gla-^cock in his favom
and undertakes to aid and assist the said Cart
with his advice, as soon as ha should hare a
answer from Glascock.
On!tbe 13th of August, Glascock writes agai
to Kelly, in relation to the bill on HaroUl, an
mentions his expecting the gentleman soon thi
was to clear accounts.
He afterwards tells Kelly, •* That Mn
Musgrave had received advice from her fathei
that she is not to expect a farthing of tlie aj
lowance due to her for the time past, ort
come, which Allen had procured a seizure ol
on account of her husband's debts and miama
nagement."
Your committee, from comparing this letii
with others, whe-re Musgrave is mentionei
and from observing the date, see reason to bi
lieve, that this passage rehttes to the stoppoj
a i>ension, which the committee are informed
by his majesty's smgular bounty and indoi
gence, and upon application from the late loi
Marr, and promise of ser% ices, was allowed I
him ; and they cannot reflect, without indk
nation and astonishment, ou the black mfpm
tude of persons, who, while they were m \
great measure aubaisted by his i
cxampled liberality,
moit wicked ipd umu
maiesty^jHl
isere' labourieg', W Ik
ptactiertj i
mmi Mitritfir a TrMSonabU Cmnfitac^* A. D. 1723.
} iijoi <pf iilft crowD, uid to destroy bis
> :r'I» of August, Gltt*M:»»dt writes
aiiit amotii^ iMhtr itiiii^ SAVA,
- li» i« 4*»tiirifitJ^ to |jfci at Bjiikerfiir « relief
■ frr^or «f Farmer's (ike Prcii?iifler*B) cliil-
^itti is aiM^ Umr wlep-lklher sHould preii^tid
liinirtirv ibeiti of Oieir liue/' It upf^ears by
IMWr l9lf4^, Barker iuean«i some consiflerabfe
Bin Fr»m?« ; but what thiu pupilage par-
j refaiies %o^ your ^cornniiitt^ cannot
vi^MTUioty «ktemitii«. However tbey lia? e
ia^ k ibinr duty to lay Uii^ and otiiei- ob-
mm ipasttgt? hrfbr< the Uousr, thiit it may
h §mm ttow fiJUcli it is in the power of per-
wm BMT bn eiivtody to dtscovur; urid of what
^i^«ft#fka« It in to the safety of hm raajenty's
pwu 111*1111 1, Ihiit unch diacotery should be re*
fpsd *t iheii bmds.
OqIIw SCMb of AogtMl, tbre« days before
Iwv ^ Roohcsier wih mk^ii itito cus-
l«by WTit« to Gtoscock (the original of
^ is stopped, and sworn fo be hh
Ittd-wriltii^;) ^niiMnv- *' >>iiir cousins Ire*
l«iad Wiliiru^ > into the cnun-
Irj, aiKd f»rr»c#li , „ ut of you not to
wrm %a tliem any more, tor which you will
_IMs Icniiir th(? rra^Miiirt/*
;^€li lli« 30tU of Au^imt he writes to Dillon ;
IslWre^vbfr s fery Inn^^ afid particular ac-
t wf aM the ctrcumstttnces of the bishop'i
, M*»f l^lrc^ op, ejtaminrd^ aod committed to
be says, * Vou nre by thissttiafiwl
s(Mis of my lute silence." Your
nitre olisrr^ ' itiese passages shew
icctkiit < V thoug^ht there was
theliishiip isuu nunnrlf
Iblbe same kiter of the 20th of August
kivtttie of.^ rr.. '^tioiher Tery reinarki-
•xys, that heiseoin^
OoiMiirx , und he bad said
I lb.* to Mr. Horc^s.
>p*' t^ i* tiikcn, that sir
to, went in F. on thr- 2:ird.
itlMi T^th f^f Hrptrniher. Glascock writes
' 'fire was under a fit
^V, lien : bvii that it was
•%fir, 1 o have her
iijdaticeof
ifoiog arxjuty wtiHii cause mueti mis*
I ilm time forwards Kelly makesr use of
^pber of nainn, aud new dirtciions to
9ftb Relty writes a|piin, and says^
wiiktm II r. It. HiiroOifOD went* be lias
m 9j\fMt f^m lits corretnondents in
ttbicJi hjtshrcn a great detticDent to
litrtbcir ^
' <rt^ . t Ctascock sends him
• wrote by the
id not ytt Hern
;';irti-
inuke
,\til! (Ituuieil m iho
' takes? mruAUfPS to
\i^ *r»'iu fMoi niQ tuffuiQraiidum Kelly bail
ma" "
On the 17 th of Oetober, Gtaseoek sendi
Kelly word» '* Thai the book of accouuta sent
by Q, Haufsdersis al lust come to hand, though
tbe ptrsoQ that brought ii i^ still in tbe country,
so that they are now in a couditiuo to !*euk so*
couotit with Rftly." And from this time for*
wanl the corrt*fpo<ide»ts in France mske use
of a new cypher oCnunes, and new direolmui
to their letters.
Frum all these circumstanees, your cnm-
mittee see reason to believe, that Kelly sent
over a new cypher, aod a tiew list of dtrectioni
to France by sir Biurry Goring; in whieh they
are the more eonfirfiied, by ol^ervin^i that thtft
uew cypher appears framed in such a monnee,
that the initial letters of the real names are al«
ways prefi^ced to the tictiliouii ones, which iu»t
are frequently varied, but the initial letter
ii«Ter. This will be mure clearly uoderataod
by instancing in oue of the names*
The person w ho carried over the cypher and
list of directiot>s from Kelly, ts in some lellerm
called G. Sam|ison ; in others G . Stepheimoit,
6. Sauttders, and G. Sandl^rd ; and apiieai^s
to bt the same witlt Mrs. U^ire* w ho w«is ob«
served before to he probably bir Harry Oonnji^^
Your coratiaitee farther obArve, thut ull the
nnmes made use of iu the new directioi>B were
entered by Kelly in the p<^icket-book that was
taken upon htm when he wus last set^ed| with
such iki«rks aod obtervations liefore them, as
need no ^reat explanation. Over a^^ainst the
niimes of Bonnaville and Disode is writ the lb*
breviati<»n QUn, and a letter Kilned fhsode,
having: l>een stopped at the pt>st-ot}ice« ap|»eart
tu be in the KUine hand as those signed Uowell,
Quit well, iiuerry, &c. which were shewn
above to l«tve been writ by Glasoock. Over*
against Briiiac and l>u Ptiy, is writ Stur ; aod
your committee find that letters eafue for
Kelly, direcU'd by the«ie name^, la 8iurgis^t
coflec- house* Over*a^ai!ii»t Contsde and Lu*
nolle, is writ Slau ; and your eonmiiUee tiiid,
that letters thus dtrectedi weie leti for bini at
Slausrhter^s coffee-huuse.
The committee are seo^iblct that their en*
termq^ into ho minute a detail, must be tedioui
to the HoiiKC ; but as the conspirutors have
been no [»^9 indutitrious tl>an they are obtitiii«te
in < : ibeir treason, your comntittee
lla^ : it their duty to trace it through
evi iH ar as thi y could, and to lay
hcl every circumstance whicV
inuy ii„^ %wi> n till to a discovery so necessary
for the safHy and cpiiet of tht.se kingdoms,
and yet so Itlileto be ho|red tor from the present
tetoper and dispositttin of ibe conspirators
themselves.
The first of Kelly's letters, writ in this new
cy|th< r, is <ifthe l6lh of Heptembcr, directed
tn r (Glssetick)^ utider cover to Hues»
ba» -^ •*»
to liuii be snY«, ** I hope you have seen
G. Seppheo'ion oHhrc now,** and mentioos a
trin 'un to send to bim ; which
cii vf he IS the same peraoo
meciut Ljy «t. r^auiilordlu other letteii.
41 1] 9 GEORGE I. Proceedings against Bishop AUerbury^ [41f .
band, we shall be mach at a loM bow to
manage without their adfice ; which G. tSamp-
son positively promised to send a apeedy ac-
count of.
" The situation of your friends atanda modi
as it did, and nothing has happened of lata m
your family to eaae their losses, or mead iMr
condition.''
He then ^res a long aoooant of the M
North and Grey's being seized at PorlsiaBath,
and of his being to be brought to towa that
night ; and condudes thns :
** i must now plainly tell yoo, that 1 an
afraid your cousin N. Cliilon is in a very bad
way, and a person (whom he lately employed
to- manage some things for hiro, partienlaiiy
to compound some S. Sea bargmina) haa mH
been true to him: for his creditora have as-
tually put him in jail, and except yoo cai
trive to send him some relief from what «
He then takes notice of a young fellow that
he bad recommended, (which was observed
before to be probably Nevnoe) " and earnestly
begs the goods be carries with him may k>e
disposed of at any rate ; and, if possible,
without Mr. L. Craufurd's or his partners
being concerned in the bargain." Your com-
mittee observe from Neynoe's informations,
that he was to be recommended by Kelly to
lord Landsdowu's family. They likewise *ob-
oerve fiom several other letters, that Dillon,
upon the caution given him by Skinner from
the bishop of Rochester, was srrown very
jealous of his former friends at Paris ; from
which circumstances, they think it probable,
that by L. Craufurd is meant lord Landsdown.
He then adds, *' Your cousin C. Saunders
is well, and with a friend in the country, who
will take particular care of her, till a better
service can be got for her."
This, compared with what he says in his
letter of the 13th of August, of Trotter's
having writ to hira for advice, and wanting to
be employed in a vovage or other business,
makes it probable, that by C. Saunders is
meant Carte.
He then adds, " Your relations, N. Crone
and S. Parrel, have made several bargains for
ready money in the third subscription ; and as
the time allowed by parliament for non-prose-
cution will be out as soon as it sits, their credi-
tors will tlien fall upon them and all their
friends, and put them iif jail, except you can
send them some relief: and though your ac-
tions are at a very low price, however, ] be-
lieve, thev would be extremely pleased to have
them soldf at any rate, to enable them to padfy
their creditors on this side, and to put them in
a state of safety."
It has been observed, that the conspiracy is
often treated of under the cant of ' stocks ;' and
whether this third subscription may not mean
the third period of time fixed by the conspi-
rators, and the relief desired be not some as-
sistance from abroad, is submitted to the con-
sideration of the House.
That this passage cannot be understood in
tlie literal sense, is evident from its being said,
that the time of non- prosecution expires at the
sitting of the parliament ; but your committee
apprehend, that tbe meaning of this paragraph
is fully explained by another in the same letter,
in which Kdly says, ** There is no prospect of
the state prisoners getting out till next term,
and if the Habeas Corpus act be suspended at
the meeting of the parliament, they will re-
main during the government's pleasure, and
perhaps have company enough." Who are
meant by N. Crone and 8. Farrel, is submitted
to the conjecture of the House.
His next letter to Glascock, is of the 27th
Sept. in which he cumplain^, ** That he has
not heard a 8> liable from D. Gainer (Dillon
probably), or G. Roberts (Glascock probably),
■ince Mr. G. Sampson (Goring) went ; which
has been no small detriment to some of their
friends," He adds, *< The term being sooo at
he put into your mississippi (for I don't fiad Im f
has any other prospect), bis confineaieDt w9 ■ ;
prove fatal to him. You know bis woithi ud. ;.
for heaven's sake don't forsake him."
This letter being mentioned to be writ oi At' >
day lord North and Grey was brought op ia %
custody, your committee cannot but be M li >
conjecture, that by N. Clifton is meant tha <~:
said lord ; and that the person said to be ca* a*
ployed by him, and suspected of being false l». ■
him, is either Lyuch or Layer ; and if thii* ■«
conjecture be admitted, it is not improbable tb4 j^
by N. Crone, in the former letter, may hi^^
meant the said lord North. ;l^
On tlie 20th October, Glascock
Kelly,) *< That D. Gainer (who in another | ^
of the letter is called D.^regory , and is ^n?
bably Dillon) thinks very seriously of tbeooa-'^^
missions with which Kelly had charged hbn^-j
for his friends, and does not refuse to emph|j|^"
his whole credit in that affair ; but that M^^
single article had consumed the bill of cs*^
change which N. Cleaton sent, and that tb«a .^
is not any other come that Dillon knows oL"
Here N. Cleaton means evidently tbe i
as N. Clit^on in Kelly's letter; and iti
he had sent a bill of exchange to I
which was all consumed in one single artifllee
expeuce. In former letters notice was takfl
of a bill of exchange sent over by B^oeft'^
and of 20,000/. raised by N.
In the same letter, Glascock takei notioai
some goods sent by Coiitade and LuDeUef
Kelly's use, which he desires Kdly toaend i
and to acknowledge the recdpt or them i
fully.
It appears to your committee, that l
goods were the Pretender's declarations, wh
came inclosetl that post, or the next, voh
blank covers to Contade and Liundle, atSlaa|^
ter's coffee-house, agreeable _to tbe mcfli
random in Kelly's pocket-book'.
In another part of the foregoing letter,
said, that Mr. G. Sampson has sent ova
project of accommodation, and wails theev«i
It, which it is probable rdilee to tha nna^
daratioo.
end oihiTSfJbr a Treasonable Compiraeii/,
IjT, htmg maun'me^ by ihe commit lee in
p 10 lite naiiic^ ill his pocket- book, sAitJ,
Y irerc n ^ with wlioui be
[wiaiiclril u France several
|g«. H^ Imd seen tetters a^
■■r^aiiii rofre€*honse« directed
poTlJlote oame^, bat tbtitit might eai»i)y
L IImI tliere mi^ht be persons in Edj^-
[ili« mnmn names witU others in France ;
^it «va^ bt$ riiisfbrtiine letters should
ic^ by tlM»te iinuKS. He insi$iei(,
kcei^Kiokf lUauj^'h taken upon bim,
ac ibal had lain hy neg^lectfd ibetie
yet your fominittee observe
itfd«tm« itj it weit* of a late date,
I II (larticuliir account of the time
I to and fmm France, and of the
be and Dennis Kelly, and the
Bter^ wer« taken into custody,
r wdl observe, thut this long' und
tfunl of George Kelly is extracted
I paprni anJ inlormatious, as were in
I el liie STOvernmeni, relaiinipf to hiui^
bil iiy »uc]i explications as seetn to the
\tt€ ualtimlly to arise from com]Mirina;
Bral [vttrtsof th> ~ t Mier; but that be
i»obisexi!: if used to make
ry Ihiik .ii.^i»l jLjivehght to any
Oriable ci»rrespondcnce, though
Ihe l»ad it in his power to do
artieulaj^, the comDuttee
brt of the true and genuine
&a of the nameSf or other fucLa, ivhich
h»l^ have hupprneJ in untolduig such
)iiC matter, %n Industriously wrapt up in
nh«curttv ; yK they conceive it will
lt« cretfit of those fucts uj general
wliich are supjKiried by un-
ence^ notwithistandincf bia de-
Dd his prevaricating so gro^ly
will now proceed to lay be-
culara aa they have cotlecte^l
referreil to them relatinjj to
iriiii anui-iirs; to tbePl, ITom
r pted letters, to
Miev KcUy, and
r witli the Mine obatiuacy on hit
Lthetn.
! reason to believe, that
I of Kirkton^ Kille-
. Ccfir^e, and Hiibberts, are
■ in ib« iriiercepiei! lett<'ra to ex-
■ -^ this
t the
ni t»i a tt vtri and
lit having u dan;^btcr
- '-;--■■' Mood
I as
e by
vVTlll
coin-
. of i>Jr.
n true of
>u rMirj^iittrc*
v« . i.,!M»n to
aiiiiiticd iu the iiit9i-
cepted correspondence) of the person de^ii^fned
by the names above-mentioned, is affirmed of
him.
Vour committee have likewise been in-
formed, that enquiry having been made at the
British cotTee- house, who took up letters di-
recteil thither by the name of 8andford, il wom
found that one Mr. Kelly, who frequented that
house, look them up. Acd a letter from France
sodirected having been copied at the post-office,
add then delivered out, the original of the said
letter, aij^ed M. Digbvi was found in Dtnnig
Kelly's pocket, when nc was taken up^ as ap-
pears by the affidavit of the tneisenger who
St i/ed him*
In ibis letter Dtgby sends his service lo bis
cousin I retoo, which haji been shewn above to be
one of the names belonging' to Gei>rge Kclty •
and also mentions Hore, who has been already
cxjdained to be probably sir Harry Goring,
Your committeo observe, that the saicfletter
was writ in ilie same hand with anotUer signed
J. Gerrard^ which was hkewise found atnong^
Dennis Kelly *s papers, and has been observed
above to be probably the name made n$e of
hy sir John D'Obryao, whom George Kelly
decbired to be secretary to Dillon.
They farther observe, that both these letters,
signed Gerrurd, and Digby, were in the seme
hand with otliers found mhis custody relating
to Dillon's private affairs; %vhich confirms
Digby to be Dillon^jBind Gerrard to be one
whoNe hand Dillon manes use for his dispatches.
Another fragment of a letter was found
among his papers mentioning tlie names of
Ireton and Hore ; which is in the same hand
wiih llie letters to PInnkett, signed Dixwell and
Howell, and is therefore probably the writing
of Christopher Ghiscock, George Kelly's cor-
respondent.
Some other papers were also found in hii
c UK tody, mentioning others of the fictitious
names' used in George Kelly's letter?, as
also a long list of names, with fictitious
names over against them, and a cypher of
tigitres^ whicb appear to be George Kelly^i
hand- writing, and are sworn, hy the clerks of
the noBt'Offiee, to be the same hand in which
the letters signed Johnson, Hattield, ^c. were
writ» It has already been observed, that this
cypher of figures is found to l>c a supplement
to the cypher in which the letters of the late
duke of Urmond, and the ^bishop of Rochester
were writ ; and that the «aid cypher last men*
ttoned is made use of in one of tUc intercepted
letters from Dillon to Denni* Kelly.
There wfis also found amon^^ his paperit, an
exact list of the quartering of lii^ majesty's
forces » httle before the lime of the elections,
and a scheme for erecting by-boats between
London nnil Boulogne, which seemn referfed
to in the letters between George Kelly and
Gordou of Boulogne.
T'here wa» abo taken among his papers a
frug^ment of s very tresionmble Utter, signed
F. M. which your cotnioittee cotyeclure wis
trow one Frsiicii Mscnsuttrts, e ptrsoo cod*
415] 9 GEORGE I. Proeeedii^t agaiiut Bitkop Atiertay,
[il&
ecroed id the former nebellioD^ there being ano-
itier leiief among^ his pa(>er9, willt llie nitme at
Jeng-th, in ihe ifuiue hutid.
Your coinniiu^ huve laid logfelber th^se
■everal circiimstAnces, tbat it may appe&r
D<fnuis Kelly was oonceroed in the tr«a»9imhle
€oiTesj»aii<lvuce« whidi is conlirmeil by Mr.
Ciauturd'tt Mterfrfiin Pans, 19 3uot'Moy, in
mtiich he M)«, " There is une captain ILeJly,
who frequeiiu the Ct>cva*tree and \\\\Vt cot'-
fee- home, who is muuli in lite coittideoce of
Dittofi and lord Lati$dowo ; be mas here some
tnoQilis aj^o^ and ta at prebeut rery active in
Vuur comiiuUee find, that be was abroad
for scvernl monlUs tUe latter end of the year
i;Sl« and that ^ine of tUe klters nent to htm
by fit litious iiain^s iVoni France, were directed
14^ VVilTi cofl'ee htiust and llic Cocoa-tree.
The matters whidi tbey tiiid Uim princi-
pally cotiL'trrned in hy the interi^epied leiters,
are tlie remitlance of (be bitt «>f excbanife
■col over frurtt the person called Uepney, the
receipt uf vvliich is acknowledged in several
letters to him, bts beinji preitefit ut a consiilta-
lioQ with the |ier%oiis called lU'p. 11 o. and Den.
ftnd bi§ being to I'arry over lo France their
^»va,l answer, to-;eUie'r wiih a new cypher,
[Iji* of direction**, utid other verbal inittrucuons,
' im Ueorife li^^lly, fur Dillon ^ Glascock and
Talbot*
Am George Kelly 'u eo(|p8j>nndenc€ was close-
ly CHMiuected Willi ibat of tbe bishop of
Rocbesleri Tbomasi Carte, and Dennis Kelly,
ami aa he appeurn to buve been privy to Plun-
Iieti*8 ; so your eotuinitlee see reason to believe,
that he was not a slrnnger to that of Bample,
who uppe^r^ io l»e ineutioned in a letter from
Gerrarit to Kelly.
Yotircoiiifiijitee find, that John Sample, be-
m examined before the secretaries of state,
id two oi' your committee, owned, thai
Francis son of* the lord Sempill, commonly so
called, bad been in En^latid tbat summer, and
returned to France about three weeks before
hit examtnution, which waa taken on the 4tb
of AoguM last.
Tbat duringf his stay in Enafland, he (John
Sample) was twice in company wjib bim, and
tbat two letters found in iiU trunk were re-
ceived by him from the s.ttd Friuicis 8einpill
before hit coming t(» England.
la the first of these letlera!,, dated Jane 9^ 13,
172^1 Fr. 8en)pill tells him, '' Tbat they
are daily confirmed Airs. Hews^fl distemper it
hut imaginary or connterfeif By Mrs.
Hews, he stiid, was me^ntthe king, and by his
distemper the iaiedisturbaQoes*
Fr.8empilt iben idls him, ** That this has
pot a atop 10 I^Vr. Stand wel^s proceedinics
73tandwell he owned to mean the Pretender) ;
lul that this cannot disconcert Stand well's
measures, nor even delay any thing above a
fiiw weeks,
«<That perhaps he may toon produce bim-
lelf to Ihetr coat, but it is not yet lull lime to
gtte him (Sample) hi^pes oi* tW^ kind." He
r paiM
lotndH
adds, «' That they have not yet heard from Mr.
Houlder/* whom Sample eiplaiAid tobatbi
late dnke of Ormond.
Your committee ohserTe, thai this
with tbe accounM given in the fortoer
their Jlefmrt, of the atteoifits that were I
been made in Bn^butl 'ir l»e|^a
May, which were prevr >^h noti
ly discontinued, by the oi^covtrntit tuarfe I
and by thii encdinpment.
Sample being shewn tbe copies of aavwil
letters), taken at the (loitt-otlicef dtrectecl la l\r,
8empill at Paris, and encloising ottiera, owacdi
as apjieant by his examination, the wriiiof df
them ail, and (rave explications of thi
made uae of in tbem. One ot these U
Stand well, whom be owned to tneaa
tender, and another is mentioneil
Glascow'ji master which is prohahljTj
Dillon. He likewise owned bta bavii
the late duke of Ormond^ and to 1
secretary ; and while he waa tn caNt^
messeofi^er, he begun to put down in writi
eonfessioo of his crimes, which was foun
his rootn afier his escape. But though i
of his letterij appeared dictated by him to i
personst your committee do not fiod he
discover who lho»e persons were.
Yoarcommiitea will next proceed toh
fore you tbe substance ot tbe several ^
examinations referred toth^m, relatia
Spdman, alias Yatlop ; in doing w|
find theiTMelves indispensably ooligci
tion a person of bi^^h ratik aod
Tbomai» duke of Nod oik, ainocig i
cerned in the treasonable corresooodaaat
veyed through the hands of toe said
8pelinaiK
1 1 «ppcar« to your committee,
Spehnau being examined on the 191
ber, concerning^ several letters firoin i
reeled to ber by ibe name of Mr* or Mrs,
ton, hat declared upon oath, ^' That Mr. '"
Jernegan, (who as your oomniitlee sre infonu-
ed, is a Roman Catbollc, and appears to liggj
been long employed by tbe Pretender) beii
England about six months beft>re her <
tion, did, upon his going for France^
ders with the said M rs. Spelman to i
duke of Norfolk such letters as she should ft*
ceive trom him, Jernegao, directefl to Mn*
Jones; and loMr. Harvey of Combe, snobii
she should receive from him, direded to l'
WilliaiiiH^ in Newgnte^strcet, Norwiohii
to Mr. William Moor fwho lives, or did ll^
Brownlow -street) such as she shot]
from him, directed to Mr. Frainptoo:_
it was agreed between her and Jertiegai
should direct to her by the name of BttftoSi
when he did not do it by her own name. ^^
*^ That she did accordingly send {as ba^^H
n greed between them) tbe letters that cadiPP
her with the diractions above- m«^ tiuttetl, lltlP^
ing first enclosed them under new coven, whidi
she herself directed *, that she sent lh«iu bl
common porters, who always brought ber baa
an i€Cotmt of their having d«lifmd th<i»t «
1 17 J anti fAherSfJor a Treasonable Omspiractf, A. D- 1725.
[411
ofdiA |Kf«iiD*A nfvl heln^ M liome ; that p«rii-
caltHj O04* ho the dukeof IVnrtblk \«js hrott|rlit
Iftefc ii|C^t^ ^^v the porier, Lis ^i nee oot bc4U|^
iiK^iao, which iHter she kept tih be came tu
feivii, itfiil ihm ieiil it U) dim. Tlmt she once
tttmt^il m mesAM^e from the dtike ol' Nurfoik
ly Mr. Edit^anl Jrriies^ii ; thai UU i;rac«
pmM i>o4 Ariii^ter :i hitler >«lie h^iff cunveyed to
linfrom Gvurixa Jerriei^ari, LieraiKe he, the
k^ of Norfolk, had »iot thtf krj^ of the cy-
f* * J ti;» hrotlier'ia hands; ^helike-
» rceivmif ^e»eril cyphers atid
^'« i ' '•til Geofye Jeroegati ; which
^hiiii I the liiiie of hir iiti^t litid sc-
owl eiE4u..i...^-.>u."
GbifMe* of ih#^ve cyphers hivinjj Iteen taken at
lltiM ot?ire, it npprarsihat one of them was
PMpdt A Kl'v 0(1(1 Cypi»er» wiih Mr Farmer
•iJ Jei r> , arid anolT^er, D, O, nnd J ; the
i*' li is pniUably a cyi-hf-r hetwt^en
^ r mitl Jertjesrati, and the latter be-
ihI li^e late dtike uf Onnuinl.
wyijrt?«rs trt your commii lee, that
II beings exumined tii relntiun
m ihe duke of Norfolk ab»>ve
il»';joRi>d iipmi oalb, •* That
•kaot A l>eft>re the duke weot to Ihe
Bat' ' iii'ijtneiJ thftt his |>race had en-
% I (le of I heir family t Tie^ Jerneflraii,
* '■ ^?iin, and hiif i^rtice told him,
<h\ a IcUer (iinii Genrf^cJcr*
.- Lijcn abni^id, btit that hi* cuiild
I h<^aii*«e his grace's brother had
►■ cypher, in which it was written ;
I ernei^io, dehi ered this message to
The 6m letter directed to Mrs. Jones, (the
L\^,yi v.vrf,4|jj of which a copy was tnketi, is
ay, riih of July, 1752, and is
_; pher, hi*t has bceii dccyphere«l in
i n^r lol lowing :
' "n'eralious, whkh oblitjrd
I me till m^w the liciiiour
M.M , iH»M?finp I fUilcr riiy?c)fj
'• Tut our me wrjih opiuton, th«| my
ii.fiM are ubove fttlhiig into any
*^ your MiHcitude or prifute
luerfu'd. You huve been in
9Qe manner a wime>» ui the bite turn in :if-
fUfi. and uuifonbt(*dly know an much of tliem,
ibd t fe^ir ^t wdl pritvt* superHuoim to lionble
f«a »rtfi lilt' panteuUm i*bich I have: nUcr
nwvUag* with »ume of urn- frieiab hX
...... was of opimon, thnt (he
! ' ' • Miinicttlrd to the retfent ;
', that lord wns deputed
itrt, and parted iu ap*
N in the world, tnitwitb'
by the rei^rut's orders,
li# ipi^ ♦irnl 111 kmjj Gforife.
|*f» h *i |.^. rti ouv*n !»elt wm1» Hutfi-
IC9A|iftiiIC[i< kuhaeomlact? Theve
cT^if ovjr uti t rns, 1 Iciife them, to
r.' pubhr nvwi^: thn overturi;
^ f m» now in tin* way to be de-
itTvd k» lite K. of Fr, maionty, who. aifico
?0L. XYL
his removal to Vervatlles, is id a manoer
in the hands of the regent, fits cornnatio
remains still fixed to the 1 5th of October ;
in all appcarnuce, this yenr pr*Hluce« do d(«|
turbanc« to the present peace rd'EtUope, Tl|
eMiperor {{rows daily more [K>wertii1 in Unly
by the pope's faitititf into that interest,; he \u
lately seized the fortress of Mjissh in Florenr
ami promises the investiture thereof, witli I hi
ot Parma, to the piince of Baviere, upon hi
m^iiriaq^e with the princess Josephina. 8pai
will be under iLfreat dilHculiies to find means ii
support their cluim to these provinces) espfl
ciaiiy at a lime that France seems neg^litretit
eveiy tiling that concerns them There is ni
appearance hkewise that ihe affairs in the Norll
produce any thing material this season : tl
pacific temper of the K. of Frussia secnri
every thin^^f on that side, and has probablj
prevented the iltsturbance threatened in tbosi
parts. Thus at present ore the aiTairt of Efi^
rope,
**• I did not fall to repeat my usual 8o1icita<
tions in favotirof your broiherf and to add wbai
in justice I thoas[hl yon merited : this 1 did
upon the first occasion, ailer my comin^f over
to w hicb, from the kii»g, ) have this answer :
^' June the 15M.
*' * Nobody has a better opinion than I Itai
of I lie great person >ou mention, nor does h
character more justice ; ( shall be always it&^
viruus to do what is in my power to convioc
tiini of my rejfard fur his brother, who now i
in Ihe country with me; but 1 fetkr it will oc
be time to move in the patiicubiryou mention t
snme years yet, which niJl be the case of al
others who pretend to the same right as I do.'
*« Thus far was his. There is a pleasure n
sec with what generous virtue be repayi a\
who consider his mislortunes.
** 1 preiiitme to mention one thin^ Itiot
heinif moved to it out of a pure consideration
the credit it will give to your name. Dr. Wi<
thum Hud^ him!^elf uoder ihenec^sfty of budi
iiilf tlie old house, beinjj' ready lo fsM ; and ne.
opting tSiey be^iOf but upon so «;maM a fund i
wdl never finish the work, as it on^Ui to be
the consequence of' which must nece^saril;
nbliue them to beg the asaistsnce of the
friitids. ] should be sorry np<»n this occasioi
lh;it any other person shouhi distinguish birii-
Mdf sK), by a dooHtiou» as to merit his srn»s to '
phicpd in the front, where \ couhl wi«»h to t
your own. I have not spoke one word of thf
to any person* in tbe house, thinking it *vouK
h>ok iiit»re generous in you, if fli»ip<*sed to (alo
iJie credit of laying the tir^t stone, lo roiive ai
ofi*erit yourseli. As to other maitert, if 1
1>c servi«'e*ible in the*© pari^i, either in ygi
particuUr, or to ihf interest of the pariVt y<_
know a»e fuithtully devotee! to both, I ImV
oblaioed teHVr to return by ihe eodof ihe lu'
Ojer» landing it ineoovenienl (o my private sit
tiofi to remain longer abroad : I hope iheu
prejient yau fviUi freah proofi iriUi wUmt
4I9J
9 GEORGE I. Proceedings against Buihop AUerburjft [425
and rc^ppcf T harrt the bonoiv ^o b^i ^^ jouf
most «fbe(iittnt and most humble serf ant.
'' Be pleased to address to nae, ^ monsieur
Hooker, under cover i, monsieur Pigault,
Baiiquier, ^ Calais."
Your comniiltee observe from this letter, that
Jernej^n supposes the duke of NorMk already
acquainted ^ith a design, on which application
bad been made to the regent, and with the
causes of its miscarriage; that, however, in
Arder to shew his zeal and attention in any
thiutif, where he thought the duke's solicitude
concerned, he seiida. him an account of what
had happened to thtir common friends at Paris,
and of the secret's being communicated to kiog
George by the re^fent's order; and theu la-
ments the impossibility of arming theroseWes
with sufficient prudence against such a con-
duct, which, supposing it to ha?e heeu such as
they represent, Vet could not nossihiy have ap-
peared hlaineabfe to any but tne enemies of our
present happy establishment.
He then shews from the situation of affairs
in Europe, there is but liitle prospect of an}*
rupture, which may be favourable or advau-
tageous to their designs.
He afterwards acquaints the duke, that he
had repeated his solicitations to the Pretender
in favour of his grace's brother, and had also
added wliat in justice be thought his grace
himself merited ; to which he received an an-
swer from the Pretender (whom he styles the
king,) acknowledging bis great opiniou of the
duke, and the justice he does his character, and
his readiness to convince his grace of his re-
gard, by any kindness he can shew his brother.
And the inference, which Jemegan makes
from the rejjfurd expressed towards the duke in
tlii9 letter of the Pretender's, is, that there is a
pleasure to see with what generous virtue he
(the Pretendpi) repays all those who consider
his misfortunes.
He concludes with telling the duke, that if
he ran be serviceable in those parts, cither in
fais grace's own particular, or to the interest of
the party, his grace knows him faithfully dc-
vote«l to both.
On the 12th 33rd of August, Jemegan wrii'*s
B second ktter to tlie duke, as follows :
** Sir ; the vicissitude in our afl'airs being a
prrnctiidl ebbing and flowing, it is extremely
'hflicull to assure anv thing with certainty : In
my last of the 12tfi I mentioned how things
Tiufi bapiiened ; and although the fact was true,
yet the consequence did not answer what we
apprelicudcd : ll was a pn'iiic necessity which
urged and demanded! that conduct, and it up-
\iears now to have succofded so \i ell, that every
hand is at work, as liei'oie, to draw things to a
ri^lit conchision ; brief's, we are flattered thai
the re^^nt is cordially in our interest, and di^-
pnsrs every thing to undertake the work,
which, according tn some accounts, will be put
in execution wldiin tt\o mouths; those who
"kre serious a\id make due reflection oo these
fnkhcrt, knoTv how far they may ba useful to
the cause, and with timely aod pradent pre-
cautions may dis]M)se their friends to act a litely
part; whilst they themselves keep retired, tiu
the success one way or the other detemiiict
what is necessary to be done. _
*( I have opportunity, by being in tbeie |arfi^
of picking up several good officers^ and wilb a
little trouble as many as would complete tt en-
tire regiment, into which any ^ntleman nMrt
enter himself, an d do bis duty with hotioiir. Tvi
is what 1 thought fit to propose on this ooct-
sion, and should be glad to know, if solely opoil
your own bottom this may be thought un. 1
shall take all necessary precaution, and shall
first know certainly wliat there is to depend
upon. Your opinion on these matters, with
the assistance of your advice, will lay a most
sensible obligation on him, who entirely devetct
himself, Sir, your most obedient and most hinn«
ble servant.
" Lf't the conveyer of these fnmish yon with
iny iiumcdiate address."
Your committee observe, that in this lettcfi
Jenu'gsin does, with an air of great satisfae-
tion, try to lessen the apprehensions and ii»»
courageuiciits, which he supposed his formet
account of the regent's having betrayed the
secret mi*^Ui have raised in his grace, and siys
that evtry hand is now at work, as before, to
draw things to a right conclusion, without ex-
plaining what that former work, or the right
conclusion hoped for, is ; which particulars, it
appears, he thought so well know n to the duit
as not to need the least explanation.
Then after telling his grrace, * we are llattereA
the regent is conlially in our interest, .and is
disposint; everything to undertake the work
within t\«o months time,' he intimates, that from
this hint, one of his gracc*s siTiousness and rs-
fltHMion ini<;rlit be tisotiil to the cause, by dis-
posing his friends (who may justly be under-
stood to he the Roman Catholics) to act a livdr
part, while he himself lies retired, waiting tm
the event should dclci mine what part it was
pnipcr for him to take.
He then makes the offer to his grace of rai*-
ing an entire regiment of officers in Flanders,
into w hich any gentleman might enter himself,
and do his duly with honour: and desires to
know, wheth«*ron hisgr:iCf'so\\n bottom midk
a thiiis^ miiiht be thought of.
This tri>:isorjaL1i* offur, from an humble ser-
\ant of hit grace's, shews that Jemegan was at
least pcrsundrd it woulil not lie ill received:
which could only proceo'l from a thorough as-
surance of the diiVc*!« incliuaiions to the Pre-
tender's rauso, anl of his intentions to snpjMikt
it wiih mm and incnry, whenever a prohaoility
of success should r'i.il<p its^tt'o and proper fiir
hiin to e^pouso ir Oj'rii!y.
Your commiitct' farther obfcrve, that this
lettiT was writ about the same time that Ftno-
kett was so busy in pressing Dillon to siilicil
the regent's assistance ; and that the term foT
putting the design in execution, which b mm*
tioned in Jemegnn^i letter to be witUs tn^
'} €nrf oih^Tf^^^y^mrmeCmtptrmy^
vrnT
feorii
tgrnA bd«re, wns
\... I., .,:..
.;->^ if V-rr- V, has an
»1 upon
. . Ut.*jD oU-
i of the cMmp.
'j» by scvertii
n France^ Spain, nmt
s of July atitl August,
iWl the cic&ign, >vhtcb had tircn suspen<!(?d
I tlic rtr»i iii*coTery of the plot^ vrns again
nnd jiiepyruttons ii»m!e for the Pre*
r« li aviu^' Juily about the tt^srlnnin^ of
taltfnbrr; for which purpose the ship llevo-
MB («iticc takrn) set itail for itbly th& bitter
•f ' ' * ' aid near 200 men
f^i-iiuiiti i!i m inr, iLj jLuifg'an*s flitters to
Mis. SpdmAn, of a great nuuiher of letters
vntien to, aiitJ received from Mr. Harvej of
i^wW, by tbe name of iVIrs. Witiitima; ami in
•t»of Ii -'♦ Jt* s 111 Mr, Harvey, be says, *»The
i^r vme apart/ and confides in
Ml' 1 [id bos sacrificed us to make
i fim tnenii Qf king Cforg-e. The late dis-
•f|ioiftllDOfit tu our affairs ha«( given a surprising^
fiomcr to xhc court of France: they silence all
' pniic<^« ill regard to us ; none novr dare
Ihmt wfty, or undejrtake the teast tilfliug
f m our favour,"
*l|i ihf 3Dtb of July, Mr nflffeysenlan
iBSwrr to this letter, the original of wliirh is
I^Oftedf and is Kworn by Mrs. 8pelmau to be
I kbifenrf- writing ; but it contuioB such an odd
^■f l4»waud %Lrij)eiit scandutf that the com*
r iloiiot think proper to trouble the lluuse
^h tny extract ot it, but have annexed it cn-
ire ta tlicir Iteport,
Yoor c<>u)mUit-c liave already taken notice,
UkU the treasonable vorresptintlenee a bore f^et
iMi lit* not confined to Eoglattd only, but
Waifmrricd ou hi Scotland, under the same cant
»ns of 1^ iue, trade^ g'o^Hl^, iScc. And it
that tbc Pretender's aceuls wevQ
ffilVy intny in di«jK)sitj{> mdUern tor an iusur-
* MM ' M ufthekinj^duiu, atthe name
lo vfre tilted on in England.
Thif tin ] I uent has ret^eiTed
lAmiliofi tJ, tie Lodovick An-
^ Tliiti uij iiiv ^*mi v( January, 1721,
ludufjtosb was seen by him (Ander-
liriU§e of hit Jtdm Murkinzie of
(buJf aoti told Anderson thnt the PrciPiwItr de*
1 to iiiivr oij rhr crrowD uf 8coil!>ud befor€
mi) at the
■HfltlUl
Ue waa to lie Bsatated
^Fr.
1 .>Iu8eo?y ; that general
W
1 fullock were to land at the
m
fiUn for this porpofte,"
T
» was then in BTitam,agreei
•iiL
•?jition.
A
• " nn the
litf
. Mur-
(lore's,
sh had
^^■B
»f:rr-jai oitm J pu tit iii;i: ^ ; ih:it two
^H
1 lit tAet Mr. Jariic'jk Kedb, brotht^r tu
PVn
farkball, who ?•'' - iri-: - " !d him
Glliim
would bt- A dr o\' the
VnSoto, sMOcd to hiui
> (spe-
cified in his deposition) that were come over to
get matters in a readiness*'*
This, yo«i' f n (Km,^ r.i.cAfve*, answers t€
the first ]K ining an insuf<^
rection, witij ..l^ : ^ ^^u forces, durinj
lh« titne of the eI<}ctions.
Afmut the beginning of May a letter was in-^
tcrcepted, directed to Mr. Peter Smyth alBou*!
Wnc, and inclosing' ajmtber to Uc Mtirtin rl
which letters, aa your committee are i n Ion naif f]
are in the haraUtv riling; of 3lr. Cochran. Wbd]
18 meant by De Martin, does not appear
In this letter Cochran says, *' Our customerS|l
on this aide the water, are as fond of tukin^l
our goods as 3^00 are of sending them ; but i I
am afraid if they are not sent soon the murkelj
will be forestalled, for our enemies begin to bal
upou their guard. Headds, that theirtnends inj
England are willing to send money to pay fotf I
them per advance, and that they in Scotlatid I
are not backward, hut hope, in a few days to I
remit as much money as will be sufScient for 1
their country. He then desires to know ho^j
soon they may expect their wines on this aids 1
the water, that they ii»ay put ihemselves in •]
sufficient |>osture for receiving ibem,**
Your cutumittee likewise fiud that Chrislo* |
pher Glascock, Ddbn^s agent, carried on cor-
respondences to the same effect, wiili one who I
Went by the name of Jami'S Johnston, at£(fin« (
burgh; and that George Kelly corresponded j
with the same James Johnston, and owned to I
the lordii at his examination^ his hating seut
the said Johnston a paper Irom Glascock, whicli ,
he pretended related only to the Mississippi.
Letters were likewise uitercepted goinj^ from
Edinburgh, directed to Collins at Mr. Waters's^
banker at Pari»; which Colluis anpe.irs, bf
Kelly's cypher, to be Colin Campbell of Glcn-
dert>ule.
Id one of these letters to Collins, meiuioo b
made of a person of great consequence and dif*
linction, lately regained to tl»e Pretender'*
party% who insisted on a sight of llie contract
of cor>artnery, which Cotlinsi is desired to semi
over liy the tirst sure han<1 ; and Colhns, in hia
aiL<iwer signed II. Broun, promises it shall b«
sent over.
Your <^ommittee observe, that ibis particular
agrees with Fairfax's deposition upon oath,
that Layer told hitn the people «>! lingland wert
backward, but that those of Scotland had aU
ready entered into an association.
In the same letter to Collins it is aud, ThftI
the person of consequence who bad insisted on
a pfilgbl of the contract of copartnery, desired
an order from Mr» Malcolm for raising one or
two battalions ; but was told those orden might
come time enough by the hands of those; who
liappened to come tlrst lo open the commerce;
which shews of what nature that commerce
was.
In the same letter application is tnade to Mr.
Malcolm for a potent for knight liaronet ; both
which circumstances coutirm Malcolm to b«
the Pretender.
Your couuKUtito obierrc, tbut the** bttt«iB
423] 9 GEOKGE I. Proceedings against Bisliop Aiieriurff^ f4SI
that account ; but tbiugs of this kind are veiy
uDcertain, and an opportunity may oanie,or M
broujirht about, when least expecsted ; and yoa
may believe it will not be neglected when it
does ; nor will any eodeavoiira be wanting Id
bring it to that pasis. Husb^ thongh, moiC fce
the word, and friends must not take aiiiisa tbrir
not being acquainted previously to tliecseCH*
tion, in which it is to be ho|ied thev will not ftii.
" You see 1 make no scruple in writing
free^ to ^ou, but you know the consequent or
this conung into wrong hand»» and tliose it ii
fit and of use to be told to, you know too : 8o I
leave it to your own discretion, of which yoa '
have given me many proofs. I have Meo
much out of use of writmg to H. S. fbr mim
years past, and I have not yet got a return of
one 1 wrote him last summer ; but I shall write
to him of what you mention in yours.
'* As to M ^y, I care not to aay oMra
about him ; and were it not that I think k far
the gooil of a certain person and cause, I ahooU
not even wish to have all the truth told of luB
since his being abroad. 1 cannot anawerfar
what handles may be given him for hia jmrtii"
cation ; but let honest men, who wish rigfal»
tell the truth, where they know it, and that it
is ncci'ssary, and shame the devil.
^* 1 wish you a good iourney and good Iwk *
wilh all my heart, and that we may soon hart
an opportunity to meet merrily, and be of Mi ,
to our country. My compliments to my Iriendiy
and I hope we shall never have cause to bi
ashamed of other.
*' I shall long im|>atient1y to hear from yos
after your getting to London and Ediobnm |
and pray do not tail writing after vour conung
to both placea, and have seen people.
** Send me your address, and you may ba
sure of hoarinV from me when it can be tf
any use. Pleasure it wouM be alwaya to met
but that must yield sometimes tocircumstancet-
** My fumify salute you, and wish yoo all
happiness ; as 1 do, who am sincerely and af-
fectionately }ours, &c. Adieu.
** I wish you may have something agreeablt
to tell me ot your brother and uncle wlieu yoo
have seen them, and remeiuber me kimlty to *
your father in-law. Sure we must all wish -
the same way to our country.
*' What is become of our cousin Will, who ^
I hear is still where you have been* fur aomt ^
time?*'
Your committee likewise find evident Ibol*
steps of this treasonable correspondence from
Ireland ; hut having already shewn suflScieotly
the Lxtensiveness of ihe conspiracy, they forbctr -
to tire the Huuse u ith any further particolan.
Your cfunmittee have now gone through tho J
several matters that appeared to them Iron t
the examinations of the persona or ptpcn it- i
ferred to them ; and they are in hofwi, thil ■
reporting every circumataDoe, tbatMcmed vi
terial, thev baVe strictly oonplM wkh ih
tentioM or tho Houat jp r-- —
If Um '
and some others, which appear to hive been
intercepted about the montn of May, and are
annexed to this Report, fall in with the second
period of time fixed by the conspirators in
bngland.
And on the 18th of August, O. S. Mr. Stan-
hope .writes word from Madrid, that he had re»
cetved intelligence, that the Scotch had en-
gaged to bring 29,000 men into the field in ten
daya time, in case the late duke of Ormond
would come over with arms to head them, and
that they daily sent most pressing messages to
Ormond on that subject ; which shews that the
design was reassumed a third time in Scotland,
as it was in England.
Your committee farther observe, that agree-
ably to what was promi$<ed in Mr. Cochran^s
letter of the 28th or April, Mr. William Erskine
did on the Sd of May, remit 2,000/. steriing to
Mr. Gerrard, Dillon's secretary at Paris, and
owne<l his so doing on his examination before
the lord justice clerk ; but refused to discover
who Gerrard was, or from whom and for whose
use the said sum was remitted.
When he was taken into custo<ly, a letter was
aeized in his pocket, which, as your committee
ia informed, is all in the late lord Marr's own
hand-writing, dated Paris, February the 9th,
1732, in the following words :
" Paris, Feb. 9, 1722.
*' 1 have, William, yours of the 7th, for
which I am oblige<l to you, and take all you
aay, as I ought, from the good heart from
whence 1 know it comes, though at the aame
time you put a greater value on your friend
than he deserves : But be that as it will, I am
fully persuaded, as you may be, that he will
never fail an occasion for what you mean, nor
neglect endeavouring to bring it about, where he
aees it can be of advantage to his country ;
and his friends and countrymen may depend on
it, when they see him engaged a^ain, that the
retrieving of It from the low condition it is now in,
andoiherways ever liketo he, is the chief motive
that induces him ; and he hopes, in that way
he will not be without the assistance of all who
wish the same thiug, and the more, that he
will take all the rare he can not to expose them
for serving that of others, if at the same time
he be not pretty sure of its doing effectual ser-
Tice to their own, and putting it ou a better foot
than it has been these hundred years past. If
he looked hut to his own private interest, he
ooulil perhaps find a way, which could conduce
more to it: But he hopes by his former actions,
it appears that he never put that in competition
witli what he thought was the interest of his
country ; though iii which he owns he was
once mistaken, as many others may have been ;
but as be never scrupled owning hia fault, since
he found it by experience to be one, so he has
over since endeavoured to make amends, and
will as long as he lives.
** Things are in such a situation at praaent
over all £uiope« that there appeaia little, if any
Appottunity^ of doing what iato \m wiahcd opoo
(e vweHrd ihc Report into loo great a
b are p«rsuQited the House %viTl eX*
pe il urns ill all the places \wliere thpy
ft, oecefisa(7 to exptuin the passug^cs
fw el«*» lOfhtw the coriuection of the
II Jii» ihe ro-operatj<m of the con-
\r wicketj Ufsi^n of dethroning'
*tk.ctv4 iiiftiesty, anil orerturnin(r our
Ui|»Iiy etIafaKibment in eh urcb atitl state.
Iduntit 9, the House havinfif proceeded
' kmiH Report into cODsideratioD,
Tbftt, upon consideration of t!ii*
the several papers and exami-
Liu^ 10 the 4-oiitpiracy, it ap^iears to
^Ihtta detectable and horrid con-
en formed, and carried on, by per*
r and dtstintiion, and their aj^cDts
CifD^Dls, Id conjiinctioQ witti traitors
for ifivading' these kia^dotns with
forces ; for raWtng intnrrections, and
Ml, at liome ; for seizing the Tower and
' ^ ■ * J IT violent hanth upim
red majtsfy, and the
inurv to siuhiert our pre-
nrnt in church and stnle,
l*retei»der upon I he throne.
I appears to this House,
yer, lu his several examina-
' ilie lords of the council , and the
|V>f ih\H Ht^use, has ^rosaty pre van -
||[ the truth ; contradicted
ivoiired, as f«ir as in him
furaif and cooceaj the said horrid and
DHipiracy.
!^« That It appears to this House,
Im Ptunket has been a principal a^^ent
!roineiit in the anid horrid and detestable
icy ; and haa carrie<J on !»everal trea ■
correal ' " to procure a foi-eign
Invade I! liims; to nii^p ioKUr*
>M, at home ; and was
hern, in the villain'ms and exe-
rtayiit^ violent hand •> upon his
s«cr«-d person.
Upon a Bill to uiflict certain pains
upon the Kiid John Phinket v^ns
I onlered in by a umjority of 289
Hy Hnrch the 11lh« the House
: :ied contnideration of the
nmittee apjMimtrd to cxa-
aiopher L;iycr, and othcrH ; and to
he t^vral p»pen» and examinations re-
^ ftientiotied in his ma-
red.
If coniideraiion of the
I the ivt-v«*rnl putters and exanii*
i^'" * '-■'^r^ft Tt -f|»pears
iohn-
iiiieiit
t aacy;
►,; ■ . n ■. . rorre-
iiivtlr'rrrUiMi'*^ and a re-
Tind to pn>€!ifn a foreig:D
II ahrokd.
and penalties U|»on Oe^irt^e Kelly, aUas Joha*
son ; %VAB ordered iu by a majority of SSO|
ag^alnst 111,
Jtesolved, by a majorily nf 985 a^tnst 159,
That it appears to this House, th»t Francif
lord bishop of Ilt>che«<ter was priocipaily con*
cerned in forming, directing, and carrying on,
the 6aid wicked and d* testable conspiracy for
invading these kingdoms uiih a foreign force;
and (or niiuinsf insorrectionti, and a rebel I ion « al
home, in order to subvert our prefieot happy
establishment in church and state, by placing
a Popish Preiender upon the Ihroue.
Then after a m<»tinu to adjourn bad beftn ne^
yfatived by 260 Si^airi^t 126, a Bill was ordered
in to inflict certain pains and penalties upoa
Francis lord bi!»hop of Rochester.
On the 14th the Houj>e reso|ved| Tbat th*
Rt'port be commuDicated to the Lords, at «
conference*
Resolved, That an humble address be pre-
Si:' n ted to his iiuijet^ty, that he willlie i^raciously
pleased to give leave, thai the papeiM and exa-
minalionw, which have Iveen laid betbre ihit
House, relatin^^ to the said coiuspiracy, maybe
communiciited to the Lords.
Resolvril, new. con. That 40 humble ad-
dress be preseniefl to his to^JHsty, expressing
the inili^mation of this HuosiC aifamjit the
horrid and dttestahle conspiracy which has
lieen carried on against his majesty** t»acred
person ; and to coogralnlati' bis majesty, oo
the hi&ppy discovery td it; and to asaure his
majesty, that this Hou^e wilt proceetl, with the
utmosi vigour, to brin^ those to jut^tice, who
have been concern rtl in these unnatural disi^ns
at^atnst their country ; and will effectually
aup(M>rt bU majesty ^s goverument ; and will
maintain, with all that is dear or valuable ta
them, the present bappy e^tabltHhtnent*
On the next day >lr. CotuptroH^r reported
lo (he House, that their address, of yealerday^
havip|j^ lietn presented tn \m majesty, thai
his iitBJesty would be g^raeiously pleaied to
Lfive leave, that the tetters auil pa|>ers, whick
have bfeii t»iid before \h\» House, rebitniif to
the conspiracy, nii^ht he comuiuoicatcd to the
Lords ; hiH majesty has been pletiiied to give
leave, that the sm!i let tent imd papers may be
communicated to ihe Lordt,
Ordered, Th»l the oriipnal pttper*, letters,
and ex»tminations, refer led to in the Re|>orl
from the committee, who were appointed to
examine Lhnstopher Layer, and tit hers, in re*
latJon to the cou-»piracy meniMtiied iiv hiti ma-
jesty *i« speech, beil^livtri d to the Lttnls, at ibe
flame time the saul Re|iori is rommunuated to
their lordMhifus : and that the LoriU Iw* ac-
f|uaiuted, that this Hou^e tio de»irr, that the
said original papers, lftteri« ami examinoli'»ns
may be returned to them, from tim^r to time
M vhalt Ih' lound neoeaaary for ibe proeeediiigi
of fhiM House.
AimI a committee baviojf been appointed te
consider and prepare matteni to be u^Teied lo
the Lonli^ at ji coiijerence :
Mr. PuLieaey retried fronn Ibe ttid QC
4
4
4
4S7]
9 GEORGE I. ^roceedifigi agaittit Bishop Alterbtrjf 9 [428
mittee, That they bad prepared imtter to be
offered to the Lordf, at a oonference ; which
they had directed him to report to the House ;
and he read the same in his place ; and ailer-
' wards deli? ered it in at the clerk's table : where
the same was read ; and is as follows ; viz.
'< The Commons, upon consideration of a
Report from a committee of their own mem-
bers, appointed to examine Christonher Layer,
and others ; as also, several original papers and
letters, upon their humble application to his
majesty, laid before them ; beinpf entirely sa-
tisfied, that a detestable and homd conspiracy
has been formed, and carried on, by persons of
figure and distinction, for deposing his ma-
jesty, and placing a Popish Prouder on the
throne; and being fully convinced, that se-
veral treasonable correspondences have been
entered into by the said traitors, for soliciting a
foreign force, to invade these kingdoms ; and
that endeavours have, at the same time, been
used by them, for raising insurrections, and in-
citing a rebellion, at home ; and the Commons,
finding, with horror and astonishment, that
some of the conspirators had arrived to such a
height of wickedness, as to engage in a villain-
ous and execrable design of layio&f violent
hands on his majesty's roost sacred person,
are thoroughly sensible, that nothing can so
efiWctuallv contribute to the safety of his ma-
jesty, ana the preservation of our present happy
establishment in church and state, as a perfect
unanimity between the two Houses of Parlia-
ment; and have therefore desired tliis con-
ference, to communicate the said Report to
your lordships, together with the original
papers and examinations referred to therein :
and, as it may be necessary to the Commons,
in their farther proceedings, to have recourse,
from time to time, to the said original papers
and examinations, they do desire, that, upon
application to be made to your lordships, the
same may be returned to them.
*' The Commons do not doubt, but that the
■amc zeal which actuates them, will likewise
animate vour lordships, in the vigorous prose-
cution or these wicked conspirators, till they
are brought to exemplary justice, and until the
united resentments of both Houses of Parlia-
ment shall convince the whole world of the
danger there is for the most subtle traitors to
attempt the snhversieu of this government ; or
to endeavour to deprive a free and happ}'
people of the blessing of his mKJcsty's reign,
and the succession of his royal family, upon
which their religion, laws, and libeities en-
tirely depend."
Resolved, That the House doth agree v«ith
the oommittrc, that the same ib proper to be
otfered to the l^ords, at a conference.
Ordered, That a conference be desired with
the Lords, about matters of great importance,
velating to the safety of his msyesty's perM»,
and the pmervataoD of our prcKoi happj^
estaUishment in church and lUte.
The Lordi havii^ agraed to such iQBfinppih
Ordered, That BIr. Speaker dp deliver to the
members appointed to manage the cooftmioei
the trunk, Gontaimn||f the original |iapeni
letters, and examinations, referred to b the
Report : and that the said mana^ra do laave
the said papers, letters, and exanunatioos^ with
the Lords.
And accordingly the said Report vrat em-
municated to the Lords, and the same, togUbcr
with the said original fiapers, letters, andoa-
minations, was left with their lordshius.
On the same day, at the desire of the Lmdai ,
another conference between the Houses vis ^
held, wherein the Commons were infbnned| ,
That the Lords had desired this conferenoe It ^
acquaint tlie Commons, that their lordships sib ,
taking into their consideration the Re|iort, as4 ^
the several origiual papers and exanunadosib* i
delivered to them by tbe Commons, at a ooft- ^'
ference, in such manner as ihe nature sal ■ |
importance thereof requires : but, as the CosN. ^
mons have intimated at the said conftccMj^ /
that it may be necessary for themp in iWr _^
further proceedings, to have recourse, Avi |j
time to time, to the said original papcis Mil ' "
examinations; and thereupon desired, fiui^ ^
upon application to the Lords, the same an
be returned ; tbe Lords, being desirous, atst ,
times, to keep up a good corresnondeim wilk
tbe House of Commons ; and being satisfle^f j^
that it can never be more necessary, than || l^
this juncture; have taken this first opportnai^ T]
to acquaint the Commons, that they will niwm/^
all or any of tbe said original papers and esRI*. ' '^'
minations, from time to time, as shall be dlr>
sired by the Commons.
On March 19th, the Attorney General piff-
sented the Bill a{;aiiist John Plunkett, and the
Solicitor General that against Geom Kslff -
alias Johnson : both Bills were read afirst tinpi^-
and ordered to be read a second time, the fa
on the 28th of tbe same month, and the 1
on the 1st of Aoi*il : It was also ordered, (
copies of the Bills should be forthwith sssll^-
Plunkettand Kelly alias Jolinsoui respedii^p^
that those persons should be allowed pen, aJBg"
and paper, and that the Attorney and T " '
Generals should take care that the evK
against them respectively should be Ka^M
be produced to liic House on the days <
pointed for such second reading.
On March 28iid, Mr. Young presented <
Bill against the bishop of Rochester, ]"[^^
was read a first time, and ordered to be re>^**
second time on the fourth of April ; and ^^^i
other orders were made as had been msd^ ^
the formtr cases. _ii«Z
On March '^3rd a petition of George IL^K
clerk, prisoner in the To^er of London* ^
presented to tbe House, and read ; setting ft>^
That a Bill is brought into the House fvr
flictiug certain pains and penalties upsp
petitioner; by which h^ may be v^rr ^
aftcted, in case thessmo mM m
law: «QdpmriHr.th** i^ *
and others^ Jir a TreasonaUe Ccmpiraci/. A. D* -^TSS*
[4aQ
ill assign sir Constantine Phipps and
ant Darnell for his counsel, and BIr.
aCaiOii for his solicrtor ; and that they
! free access to him, to receive his in-
in private ; and that he may bare
lODS of the House for such nitnesses
il think necessary.
« House made orders accordingly,
to the summons for witnesses.
t 25th, Mr. 8j)eaker acquainted the
lat he had this morning received a
a the lord bishop of Rochester, dated
larch 23, 17S3, that, his lordship
ctrired a copy of a Bill for inflicting
lius anfl penalties upon him for sup-
iics, of which he is innocent, he
should be allowed to have sir Con-
^ipps, and William Wynne, esq. for
lel ; and IVfr. Joseph Taylor and Mr.
Morrioe for his solicitors, to assist
tier to the making his defence ; and
' may have free access to him to re-
instructions, and give him their ad-
irate.
9 House made orders accordingly, ex*
fummons for witnesses.
I same day it was ordered. That the
General should appoint counsel to pro-
I manage the evidence at the bar of
se in support of the Bill against
i'lame day conferences were held be-
9 two Huusf's, wherein the Commons
hat the letters and papct-s formerly
by them to ihe l/tnlK might be re-
> be used upon Plinikett^s Bill ; and
s accunliii(;iy deiivercd the same.
t 5th of Apii! itic pa()ers were re-
tn ihc li^rds; on the 27th of May
« restored to the Commons, who or-
t the 8|»eaker should return them to
B secretaries of state,
e 27lh a petition of Cicorcre Kelly.
iconer in the Tower of l/tnUon, wns
Itothe [loose, ami read ; setting: forth,
Ke the petitioner h;.t)i been allowed
f pen, ink, and pn;ier, hy order of the
ind also counsel and solirito- to advise
I, he hath proceeded to pre[inre for his
agaiost the Bill for indicting certain
1 penalties upon him. And the peti*
ifaig advised, that the proper time for
I heird afi^ajnst the said Bill will he at
id readlncr, v. liieh i« appointed on Mon-
ti and tlic ev'.:if'nrc* airainst the peti-
C then to atfind, the piiiticuier finds it
ieto be reaOy at tli.'t lime, by fcasiin
lltb and varifty "f the cliarfrts alieged
In; that Mr. 3Iii:h'iel Biririin^^hani,
iMi messieurs Bask nuA l^»r{^f»nio,
■1^ reside at Purls, and Mr. Our-
^ Holoign, in France, arc ma-
W the'petitioucr ; hut the said
"^ ^t petitioner apprehends,
Iheir affairs, and make a
i^hr* evidence at the bar
7bf , tiidi the lecond
reading of the said Bill may be put off till Moif-
day sevenniglit ; and that he may then be heard
by himself and counsel, at the bar of the House,
against the said bill ; and that the depositions,
upon oath, of the said Mr. Birmingham, Mr.
Bask, and Mr. Borgouio, to be taken at Paris,
before a public notary, or before some or one of
the British residents there ; and also, that the
deposition ot the said Mr. Gordon, to be taken^
upon oath, before the chief magistrate of the
town of Bnloign, or a public notary there;
may be admitted to be read at the bar of the
House as evidence for the petitioner..
Resolved, That the said petition be rejected.
On the 2Bth, the order of tlic day being read,
for the second reading the Bill Vor indicting
certain pains and penalties upon John PJunkett ;
Ordered, that the Speaker's chamber, and
lobby, be cleared of all persons except the
counsel, solicitors, and witnesses ; and that the
back-doors be locked up, and the keys brought
up to the table.
And the serjsant at arms gave an account,
that the Speaker's chambers, and lobby, weie
cleared : And he brought the keys up to the
table: Where they were locked up by this
clerk:
And the counsel were called in :
And the Bill was read a secimd time :
And the counsel for the Bill produced ex-
tracts of several original letters from abroad,
giving intelligence^' the conspiracy mentioned
in his majesty's speech :
And the translations of the said extracts were
read. i
A copy of a letter stopped at the post-office,
being produced by the counsel for the Bill, and
part of it being in cypher, the decy pherers were
examined : and the officer of the post-office, who
copied the said letter from the original, %\ hich
\y aK sent forward, was also examined :
And then the counsel were directed to with-
draw.
A motion being made, that the copy of a
letter stopped at the post-office, and copied by
one of the officers belonging te the said office,
the original letter being sent as directed ; be
admitted t«» be read as evidence ;
An amendment was proposetl to be made
thereto, by adding, at the end thereof, these
words, *• of the conspiracy \n general :"
And the question being put, that t!iose words
be added at the end of the question ;
It passed in the negative.
Then the main question l>cin^ pnt ;
TtosoUed, that the copy of a Tetter stopped at
the poNt -office, and copied by one of the onicers
beh'nging to the said office ; the original letter
being sent as directed ; be admitted to be read
as evidence.
Then the counsel were called in :
And the said copy was read :
And the Ciiunsel proceeded to examine seve-
ral persons, in relation to other letters stopped
in like manner ; and also to several ori^uial
papers and letters, iu the hand- writing of John
Plunkttt : And Matthew Plunkett, leijeaBt of
«SI]
9 GEORGE I. Proceedings against Bishop Atterbury, [432
iDvalidi, was ixamined as to discourse between
bim aod Jubn Plunkelt, id relatioo to the cod-
spiracv :
AnJ tbcn tlie counsel pro«luced a letter, said
to be w rit by the Pretender to John Plunkelt,
w hen he was at Itoone :
And some witnesses were examined in rela-
tion to the said Iciter :
And the said letter was read :
And the counsel sunioied up the evidence.
And then the counsel withdrew.
And Mr. Speaker opened the Bill.
Kesfdved, that the Bill be committed to a
committee of the whole House.
Resolved, that this House will, to-morrow
inominff, resolve itself into a committee of the
whole House, upon the said Bill.
On the S9ih, the House ordered, That the
Attorney General should appoint counsel to
produce and manage evidence in support of the
Bill, against Kelly alias Johnson ou April 1st,
and that he should be heard hy counsel ag«inst
the said Bill at the same time.
Orders were also made, that Kelly alias
Johnson should be brought to the bar on that
day ; that a list of his witnesses should be de-
livered to the Speaker, and tliat certain persons
should attend on the same day.
On the said 29th of March, the House in a
committee went through Plunkett^s Bill and
made amendments thereto, which amendments
were, on the following day ^ported and agreed
to by the House. And on ^
April 5th, the said Bill against Plunkett was
read a third time, and was passed by a majority
of 254, against 77.
On April 1st, the House being acquainted,
that Mr. Serjeant Darnel had declined appear-
ing at the bar of tliis House, as counsel for
George Kelly, alias Johnson, clerk, being en-
gaged in business at the assizes in Sussex ;
Ordered, that Fetti place Nott, esq; be al-
lowed to be council for the said George Kelly,
instead of Mr. Serjeant Darnel.
Mr. Chancellor of the Exchequer acquainted
the House, that several papers, relating to the
matter upon which the House is to pro(;ee4l
this day, having come to the hands of the lord
Carteret, one of his majesty's principal si^re-
taries of state, his majesty had directed, that
they should be laid before this House : And he
delivered them to Mr. S|)eaker ;
And the same were read at the table ; and
ordered to be delivered to Mr. Attorney Ge-
neral.
Ordered, that the said papers be printed : and
that Mr. Speaker do direct the printing thereof:
and that no other |>erson do presume to print
the same, but such as he shall appoint.
The order of the day being read, fur the
second reading of the Bill for inflicting certain
pains and penalties upon George Kelly, alias
Johnson ;
Ordered, that the Speaker's; chambers, and
lobl>y, lie cleared of all persons, except the pri-
fooer, the officen of the Tower, the cevnacl,
■alicitonii aud witiK
And the serjeant at anns acquainted tlie
House, that the S|ieaker's chambera aod kdibj
were cleared accordingly.
Ordered, that the serjeant at arms do stand
with the mace, at the bar, whilst the prisoner
is there.
Ordered, that the Bill for inflicting certain
pains and penalties on (leorge Kt-lly, alias
Johnson, be read to the prisoner, and the coun-
sel, VI hilst they are at the bar.
Then the deputy -governor of the Tower,
attende<l by several of the wardens, bniuglittlie
prisoner to the door of the House : Wliere the
serjeant at arms received the prisoner, and
brought him in to the bar: and the aegeant, or
his deputy, stood on the prisoner's right hand,
with the mace in his hand, resting itoothe
floor all the while.
Then the counsel for and against the Bill
were called in :
And the Bill was read, in the presence of the
prisoner and counsel :
And the counsel for the Bill opened the evi-
dence ; and produced a scheme taken anHmgrt
Mr. Layer's papers ; which was read : and af-
terwards produced a copy of a letter, written in
cyphers, stopped at the post oflice :
And tlie counsel against the Bill ohjectingto
the reading the said letter as evidaice;
The counsel on both sides were hearti thereto.
And then the prisoner and counsel wilbilrew.
Anil the question being put, that the copy nf
a letter, written in cyphers, and stopped at the
post office, and copied hy the officers of the
said office, the oritrinal letter being sent as di*
rectcd ; and the said c(»py being decyplicreil,
and testified by the dccypherers to be truly de-
cyphered, be adniitte<l to be read as evidence;
it was resolved in the affirmative, by 275 agaiait
123.
And the prisoner and counsel were called ia;
and Mr. Sjicaker acquainted them with the sail
resolution :
And the said copy was read.
A paper of Ji>hu Plunkett'a hand-writifl|;
taken in his lo<liriiig, being offered as eviilcoce
by the counsel fur the Bill ; and it iHfing object-
ed to by the counsel against the Bill ;
Thecounsel ou lM)th sides were heani tlierda*
And then the prisoner and counsel witbdrev.
KeMdved, That a pa|ier in John Plunkeu'*
hand -writing, taken by one of his majesty^
messengers, %i hen the said Plunkett's ludsinc*
wre scarchetl, and his |ia|iers seized, t^
bnnight up to the talde.
And the prisoner, and the counsel,
called in; and iMr. Speaker acquaiuied
with the said n^ulutiou :
And the said pa|ier was brought up.
The copy of a IcUer, dated London, 31 May»
1722, signed J. Itogers, stopiied at the puil-
houhe, being oflered to be reaa by the ooMtfi
fur the Bill ;
And the same being objected to by the eMA-
id against the bill, as not being examined wM
the original letter by the derk, who
iaid letter j
f othgrttfnr a Treasonable Conspiracy. A. D. 1723.
[4SI
Vbc^Ociiaset on both vules >vere heard thereto.
, ibid theti the iiri&oner and counsel withdrew.
maile, Lliat the copy of «
I. May 31» 1722, signed J.
,k(0|i|»«^ ttt ibe (M>st'Otfice, and copied
of the officers belonging lo the t^aid
I ^ iter b«iug sent as directed ;
eSAi m) aft evidence ; the bame
ihns^ (irovvti to tie eianriiued with the ori-
Btlktier;
4i loirndmirDt wtu proposed to be made to
%i\tm^ by leHv ing out these word«, ** the
lit heing orov^d to be examioed with the
itht qoefttion heio^ put, that those words
I paft of the question ; it passed ia the
"te, by *2<31 against 100.
Ren the m«iQ question \\^m^ put, that the
If of ft iKter, dated London^ May 31, 1722,
J . Rogers, stopped at the pOflt-o6]ce| i
0 o>p>cil b^ on? <if (he ofl[icert belong iDg to
iMUQoifice; < >al tetter I ^ia|yr sent as
I ; be ii '1^ read a» evidence ;
rwlteU lu tbe atfirmative, 231 against
Its.
I ibcsi the priioner aud counsel were caUed
i\ «mI Mr. Speaker ao^uainted them with
KMil re^ointion;
AoJ tkeiaki letter was read :
I sJbo another letter, dated June 31, 1722*
cKftotifiation vf Philip Neyooe (who« in
attunisg to make his escape out of the
%y of « messenger, was drowned) being
iC b^ tiie counsel for the Bill, to he read *,
iifOiftcd to« and at\er hearing counsel on
I mim, tlie same was admitted to he read ;
[ 104 farther wrttteo evidence in support of the
1 Ui was rt«i4.
0a jlpril *ldj the evidence in support of the
Ml wai concluded* Then the counsel for the
1 ' i ■ ' « % The counsel
mmI opened their
If Ml til viiiut^isses, and sum-
■ice.
. Utlly alias Johnson was heard
: for t1.i. JKA\ rppHed;
Uhdrew.
' be cotumitted by
i 46 against ioO,
a day it w«ut through the coui-
I f^n 4f rt! 0, it was read a third timei and
rtjd, That the Attorney
Dunsel to produce and
' bir, on the morrow,
agaiJist the bishop of
own innocence, did, on several accounta decline
giving this House any irt^uhle in ddv : ancf
contented himself with the < ' , if the
Bill goes on, of making his Hi tote ano-
ther, of which he hath th^ honour to be «
ID em her.*
The counsel for the Bill were called in*
I n\ liic iiiii
a|Hii 4. Mr* ^pt«k«r acquainted the House,
[ Vhit kve boid, aince W had takeo the chair, re-
1 a letitf r from the lord bishop of iiochester;
iHkirJi h^s lordahip drsirrd might he oomCQIIQi'
) ibe Moose: aud Mr. tspeftkof read
I sold ietlci to the Mouto, comaiokig hi tub-
* "^Jarch 29. A petition of Francis lord
htshop of Rochester, prisoner in his majesty *•
Tower of London, was presented to the lloufte«
and read ; setting forth, That by oidcr of the
House of Commons, he has received a copy of
a Bill, for inflicting certain pains and penaiiiea
upon him, for supposed crimes, of w iiich he is
innocent: that by soother order of the said
House ^upon the petitioner's letter to the
8peaker,\ counsel and sohcitors are allowed to
come to him, to assist him in the luakiug his
defence^ But the petitioner finding hy a stand-
ing order of this most honourable House, of
the 20th January, 1673, that no lord muv ap-
pear, by counsel, before the House of Cont^
moDs, to answer any accusation there ; be is
under great difliculty. And that he may uot
do any tiling which may give offence to their
lordships, and l>e derogatory to the rights of
peerage, in which, as a member t t '^/■ ■ M sTse,
he has the honour toparLike; i uer
humbly prays their lord slups* dii\.^.*...i..,iv>» bis
conduct in this behalf.
*• And the said standing order being read :
'* A motion was made,
** Aud the question was put, That the biiihop
of Rochester, being a lord of parliament, ou;^ht
not to answer, or make his rlefence, hy counsel
or otherwise, in the House of CommoiiS| to any
bill or accusation there depending ?
** It was resolved in the negative,
** Dissentient,
** 1st, Because, we conceive the prrmilfini;
the lord bishop of Rochester to make his ilf-
fence in die House of Commons, would he di-
rtcfly contrary to the words and ineaotng of
the standing order of the House, bearing date
'joih January, 1673, which expressly and
clearly orders, that for the future, no lord (« hieh
extends to lords spiritual as well ns Icmpoml)
shall go dovvn to the House of Cumiuoiu), or
send his answer iu writing, or appear by coua-
seJ, to answer any accusation there .^ And it is
observable, th»t this order is worded absolute-
ly, and not oualilied by the worthy ♦ without
leave of the House,' as the folU^
order, of ^,^th of Novoinhcr, 16"
^V^^ At I.
though ci^ucioui of bia
hibits!
tnous
frfiin '
vented was the
desiring it, to apjA
into the Ho u:r ot Liuu-
is *iitting, is quaUfied ;
- lig, us well as iroti>
rst nientione^l order
designed tube pre-
e, iu eases of lords
. ,,.i^Wer aCC0«2^t^^"^^* "««
the House of Commou<i.) vi e inlet . th ;
order, of Jjiuunrv. 1u7r.. was mean i
fur all ' '''ave should be ask*
ed by :. i i lo answer, or make
a detence, to an av^cuiaiiuu (in any fpni>» aa ^i
9 GEORGE I. Proceedings against Bishop AUerhuryt
435]
The Bill was reaJ ; the coansel opened their
CTidence : papers were read aud witnesses exa-
amined ; the counsel sammed up the e?i-
conceive) in the House of Commons, it oiig'ht
to' be denied, as deeply intrenching on the pri-
rileges of this House.
" 2ndlyy The said standby order, in affirm-
ance of which the question was moved, ought
to be of the gieater weight, in our opinions ; it
haying been founded on the consideration and
report of a committee (to whom it was particu-
larly referred to consider the practice of lords
desiring leave to answer accusations in the
House of Commons,) on the perusal of prece-
dents in that committee, and upon serious con-
sideration and perusal of the same precedents
in the House itself.
«* Srdly, We cannot apprehend but that a
bill, by which crimes are chargcil, and a pre-
)iaration is made to inflict penalties if the crimes
are proved, contains very cleariy an accusa-
tion ; especially when a day is given, and
counsel allowed by the House of Commons, to
the person against whom the crimes are iil-
leged, to make a defence to the same; which
proceeding, though in the legislative capacity
of that House, carries in it all the essential
parts of a judicial trial : and we therefore con-
ceive, that this House ought to be more jealous
of their members answering in the Honse of
Commons an accusation in this form, rather
than in any other, since thereby they submit
themselves to try the point of their lieing guil-
ty or not guilty in the House of Commons ;
and that in order to receive the sentence and
judgment of that House, by parsing or rrjcct-
ing the bill : and this, in 'our opinions, more
deeply intrenches, as the standing order ex-
presseth it, on the privileges of this House, than
a lord's going down to the House of Commons,
during a debate there, to prevent an impeach-
ment, doth ; the latter being only to pre\ cnt an
accusation ; but the former is (as we clearly
conceive) to answer an accusation there, the
very thing prohibited by the standing order.
*^ 4tlily , \Vc think the accusation which lords
are prohibited to answer by this standing order,
must be chiefly, if not only, uiiderstocKl of an
accusation couched in a bill (as in the present
case) ; since we never licurd that aii}' lord of
(>:irliamnnt did, at any time, answer to, or dc-
tend in person nr by counsel, an impeachment
III the House of Commons, thon;;h they mny
liave gone down to that House by conuivarKi*,
to prevent such impeacbiutint ; and therefore
lords defending thcmsi-lves in the House of
Commons, aguinst an impeachment, could not
be the mischief intended to be cured by the said
fitunding order.
** 5thly, That the House of Commons, on
bills to Inflict penalties, do proceed, strictly
Vpcaktng, in their legislative capacity, is cer-
tainly true ; and yet it is plain to us, that in
ivaiity they partake, in such cases, with the
flouse of Laifda id the judicitare \ or which is
"^lo^ in trjruig And wy^'i'iuv ^ff^^^n to
[436
deuce and withdrew. The Speaker opened
the Bill, which was ordered to be committed on
the morrow. .
punishment : and though the Lords should, in
very extraordinary cases, think fit to concur in
sucn a method or punishing ; yet it is, in our
opinions, going by much too far, for the Lords
to permit any of their body to make defence in
the House of Commons, either by himself or
counsel, which is letting themselves down to a
very great degree, and giving an unnecessaij
encouragement to that manner of proceeding.
And when lonls have so far submitted to this
course, we think there is little reason to expect
that afterwards the Commons will ever appear
at the Lords' bar as accusers, when they can
by this way make themselves as much judges,
even over lords, as in this proceeding oy bill,
the Lords themselves are.
" 6thly, Though lords, by not being per-
mitted to appear, either in person or by cooo-
sel, to defend themselves in the House of Com-
mons, may be thought possibly to lose some
advantage in their defence; vet we think it
was and is the tnie meauing of the said stand-
ing order first mentioned, that a lord should
rather sufler somHliing of inconvenience in
that particular, and commit his cause to God,
and the justice of the House of which he is a
member, and who are his proper Judges, than
in any degree debase or derogate from tbe l^fal
stale and dicruity of the lionls in general.
** 7thly, Although there be (as we conceive)
a very manifest and important diflTerenoe in
reason, as to the matter of tliisquestion, between
the case of bishons (\% ho are declared, by the
standing order ot the 23rd May, l(i28, to be
only lonls of parliament, and not |»eers, for
they are not of trial by nobility) and that of
peers of tlin realm, who undoubtedly, for mat-
ters of treason and felony, are triable by tbeir
peers only ; yet since hy the standing order
first mentioned, bishops are as much and n
cleurlv prohibited to answer any accusation in
the ifouse of Commons as the Peers or Lords
temporal are, we cannot but aj^prehend, with
the deepest concern, that this case may beiisai
hereaHcr as a prece<lent (though, as we take it,
far from being a precedent in point,) to bring
by dtcrrfes the Peers of the realm to defend
tficmselvcs against accusations of the like M-
ture in the House of Commons ; which if once
broii:ri)t to l>e a practice, we are of opinion, that
the Peers of thert>alm would, in great measure,
l>c degrudul from their peerages ; and so, by
weakening and debasing the onler of nobility,
which in its institution was meant, or at least
hath proved, a lustre and security to tbecrova,
the safely as well as dignity of the crown itself
tuay be hereafter in a great degree iinraire^
8 'arsdale, Dartmouth, Cowper, Gowerg
Bathurst, Bruce, Guilford, Trrvor,
Compton, Straflord, Litchfiekl, Aylea-
ibrd, Arundell, POulett, Hay, Aabbnni-
liam, Uxbridge, Foley. Bingleyp W««
ton, Moofjo/.
4J7J and oihirs^ for A Treasonable Compiracy. A. D. 17SS. [4S8
PaoCEEOmOS «N TBE HoUSE OF LOBDS.
0»i I^InrcJi 16ih the House of Lonln ri-ferred
the fleport^ togetlier with the sev^'nil |i.»|>ersile-
liveretl lU*r«?>vith by tlie House ot Cominoni
nun«« coiisimiufe' ot oine lords choneo iiy bailot^
His (frnce the duke of Montrose, bis grace
the ihtk© of Dof^pt, the vm\ nf Lmcolo» i\\%
cMil : V ' t of lUy, vwcount
f ,i> ^ri, lord hiNhop of
Sii«M»ury, ^MiJn.sji i<iru itlshop of LillCOla,
(Gibson,)
This committee mucfe ihdr Report on April
23rJ, v^hich wtts us follows;
The committee to whom ihe Report ant! ori-
g^insil pa|>er8 relating to the coospimfy, deli-
vered by the Huu^e of Common* nt several
coiifereiices, were retcvred, and who were em-
[lowered by your lordships lo examine Chru4o*
pber Layer, and such f>iher persons as I hey
from tiine to lime shotild think proper ; havm^
carefully fomparfd the suid Report v^ ilh the on*
gritial papers referred to them^ aod haviny^ exa»
mined several persons in relation to the treason-*
[ible practices and corre^jjomiences therein set
forth, are fully sattsfud and convinced, that ft
ileteslabk an*! wicked conspiracy has been
formed and carried on ^^yr sulicilingf a forciini
force to iurade theje kingdoms, for raisini^: a
rebellion, and inriimg insurrections in Loudon^
and divers other parts of Great Britain, and
e?en for laying violent hands on the sacred
person of his majestv, and on bis royal high-
ness the prince of Wales, in order to destroy
our relisrion and constilution, by placing m
Popish Pretender on the ihroue.
Aod the lords committees think themselvet
obliged injustice to observe, that the extraordi-
nary vji^ance and apphcation which has been
shewn by the Houae of Commons in detectiuf
this scene of iniquity, and laying it* moist hid-
tlen spring in so lull and clear a li^ht, as it
has p-eaily contnbiited lo the prublicaafety, by
opening the eyes, and awakening the jusi re-
sentment of an injured nattoo; so it cannot
fail 10 excite a proportionable zeal and eumla-
tion in your lordships, for concurring with thai
Honse in the no less necessary work of bringing
the authors of these wicked det^ignsto such ex-
emplary puoinhroenl, as may be a laMtmg ad»
roonilif>n to posterity, that artilice and disgui«e
can no more leHwen tlie danger, than miitgata
the guilt of treason ; and that they act under a
fatal delusion, who hope to abuse' the lenity of
our law« to the ruin of our conktitution.
The lords <K>mmitlee9 think it a strong
con6rmation of the truth and exacinesa of the
said Re(H)rt, that several tnalerial obstfrratioof
which are there advanced a* grou^*'* *« '»" "fo-
hahle conject urea only, have amct i >'y
verifn d imd St lit ported by fre^h ''i*»
an topers lately referred to liiem
by ;. ; i which papers are coutain«U
lu aa appviiduc annexed to this Rc^rt.
A|nl6, The Bdl went through the com-
mlinm iritb ajnaudments, which were reported
dllseSUi.
Anil <ifi Ilia 9tb llic Bill was read a third
md |»asaed.
r I -I 1 Mr'Mi'n v'Hs made. That the bishop
l; : . !• ! "i ! : : I :tv tn make his defence
<»us, in person or by
«. \i,
I ^ ":^iti of April,
viljfor dis
ip^^^ii; '*>u»i fi sijjkijuii^ i>i!Ji_i \n iiiis House,
ivfliiMS diiy It i:< made, hiiug read \
** AmuI a i|uejitiun being stated upon the said
Ifif-r itf'tiate;
HIS ciurstion was put, Whether
u %UA\ be now pui?
^rvBulvetl in thr iifJinnulive.
Hhr m:iin rjite^iion wns put. That the
i be at lilierty to nrake his
.1- of Commons, in person
' cuu:iu.l, ii Lf shall think tit ?
Il «*aa residvetl jti tbe uflirmative.
** II«m'n ' ' ■ ^ ^ iiritual and tern*
pnl u» |> 1, That the lord
WrafiiiC 1 >JL' 111 ii'Mrty to make hi«
4d^ire h* ^"^ of Commons, iu person
mhy ..u tbinkfit.
•M I uikuian uslicr of the
UKk , - .. i.-^ 1 iJouse do forth rt ith ac-
i thr lurd bishop of Roclieater with the
[ ftrsAti«tk»n/' — Lords' Journal.
|fr« Ritirn (Precedents, vol. 4, title Im-
isrri^ > to art. 24,) notices that
ke 1 ^ham (see hi» Cas^ vol. 6,
4) li ^ request been admiltetl into
.ns, and heard on the 14lh,
^Uiciifj oi Arlington (see his Case, vol.
ti^a. lOIiO) on the 15th of January, 1673-4,
ip4ocrd ihe Lords on the latter of those days
la rtf^r ii to ihe committee of prtti leges to
•KTch the Journal, what hath bein formerly
fht practice m such cases. On tlie 20th of
Ui€ committee report ^^ that their
lUlTe a^rclicd and pcrOKed several
la. and thereupon conceive that it
U into the privileges of this
I ♦jf this Hou^e to answer
9t»«i.t^ti it! lilt- HrMi^i-td C'Ommons, either
r»n, or by s^-fjiiiuif hi« answer in anting,
"■re." Upon serious con-
'>f, and perusal of the said
LU' '* That for the future
sh >wn to the House of
oti-* .iiswer in writing, or
t»> "} answer accuaation
v> io b« committed to the
r Tower, duriog the plea-
- - ' And it ia ordered, that
9 added to the roll of ilic standing
d
439]
9 GEORGE I. Proceedings against Bishop Atterlmn/f [440
The intelligence sent by colonel Stanhope,
anil lir Anlhony Westcorobe, in relation to the
Pretender's ships under Morij;an» as well as the
explication gi?en by the committee of the
Mouse of Commons tosereral of the fictitious
names in the intercepted correspondence, is
very much illustrated and confinned bv papers
seized on board the ReTolution, and by the
examinations ofsome of the prisoners belong-
ing to that ship.
It appears by those papers and examinations,
that Moiigan, who went by the name of Walton,
and Gallwey (an Irish Roman Catholic), who
went by the name of Gardiner, with others
acting under their direction, haire for sereral
years past been employed in fitting out ships
under fenglish colours, which were ready on
all occasions to attend the motions of the Pre-
tender, who in several of the letters is styled
their king, and their royal master. That the
money for these ships was supplied partly by
persons in £nglana, partly by Waters the
banker at Paris, and partly by the late duke of
Ormond. That one of these ships, in the year
1719, was sent by Morgan to the Groyne, with
an express to fetch the late duke of Ormond to
England ; at which time it appean that Mor-
gan and Gallwey were promised a supply of
fifty thousand ponndsfrom friends in England ;
that others or these ships lay hovering about
the coast of firitanny from the year 1718 to
1731, expecting to be employed either by Cane
and Cbivers (general Dillon) or by Here (sir
Harry Goring), in what they call their home
trade. That m the year 1721, despairing of
any employment of this kind, on account, as is
expressed m one of their letters, of Here and
bis partners being cowards in trade, they en-
Cfsged themselves in the service of the Swedish
Madagascar company, and in December 1721,
rendezvoused in the Bay of Cadiz for this pur-
pose ; but this project likewise failing, on ac-
ooimt of some deficiency on the part of the
Swe<lcs, Morgan waited on the late duke of
Orn^ond at Madrid, and was by him supplied
witli twelve thousand pieces of eight, for fitting
out the ships Lady Mary and Revolution for
the Pretender's service ; soon after Morgan's
return to Cadiz, the arms and ammunition
which had been prepared for the Madagascar
voyage, consisting of two thousand muskets,
two thousand bayonets, one thousand carbines,
four hundred barrels of powder, and a propor-
tionable Quantity of match, flints, &c. were
oonsi&fned to Morgan, and by him put on board
the Pretender's ship called the Lady Mary ;
and Morgan having embarked on board the
said ship with several Irish officers, set sail
from the bay of Cadiz the latter end of April
1722, and went 'irst to Sancto Antonio,and then
|ft Sancto Andero in the bay of Biscay.
■ Tlieoommitlee having sent for Mr. Gnstavns
• <^BiiHy oaptain in the Swedish ser-
^Nhisr at Gadis on aeeoont of the
I to trans-
and the other
■UU Ulafc tUV ariu« wiv |*«Mia swa «H«
d money. And Morgan's aon bemjg
by the committee, owned thit iua
Dt at that time to Madrid ; UMt fkm
"T?;;
formed by him, that the arms above- mentioiMd
were brought, part of them from Gottenbuif,
and part from Hamburg, by one of the Pre-
tender's shi|is, named the Fortune, eommaadod
by one Butler. That 9,000 of the said amH
belonged to the Swedish Madagascar company,
and were delivered by him, B4hr, to Morgan*
That the remainder, which belonged to ooont
Rhenstiema, a Swede, were also purchased \if
Morgan, but not till some weeks after the finl
2,000. That Morgan went to Madrid, and ra-
turned with 12,000 pieces of eight in bills and
money, which sum lie, B&lir, saw in Morgan*!
hands. That baron Seebach, and one Ostboff
(who are freonently mentioned in Morgan's
letters), as also count Rhenstiema'a agort,
who ddivered the arms to Morgan, da-
clared to him, B&hr, since his return tu Gal*
tenburg, that Morgan was supplied withtiiesn
12,000 nieces of eight from the late duke of
Ormond, and that the arms were paid for ont
of the said i ^"•' »*-««.«»- m^ %^mm
examined
fttberwent'
late duke of Ormond was then there, and Ihift
his father did there receive bills for littiag Mft
the ships, but from whom he cannot tell.
Bihr farther declared, that all the Swndidi
officers at Cadiz looked on Morgan'a ahipa as
belonging to the Pretender, and •poke of
them m all conversations as such, which was
confirmed to him expressly by baron Seebscii
and Osthoff. And one of the sailors of thn said
ships owned to the committee, that they went
from port to port without taking in any cargo;
that they hail sometimes but sixty, and some-
times 130 men on board the Revolution, and
often received orders for sailing with all posstbia
expedition ; which orders were afterwards
countermanded, without any apparent reason
for one or the other ; and that this unae*
countable proceeding satisfied him the said
ships were engsged in some unwarrantaUa
dengn. BIkhr farther declareil, that Osthoff
told him, the ship Revolution was at first pur-
chased in England, for transporting the lain
king of Sweden in person, in hia projected
descent on Scotland ; and that he, BUir, wkw
the name Carolus still sUnding in the cabin «C
the said ship, when he was last on board her*
And Morgan's sou owned, that he had obwrved
the arms of the crown of Sweden in the said
cabin, which he supposed were plaoed them
as a token tliat the said ship was engaged in
the service of the Swedish Madsgascar com*
pany ; though lie owned that the other ahipa
engaged in the same service had no sndi
token.
Some of the particulars above reUted, da
very much explam and confirm O ^"a letlK
to L-. — of the 27th of April, as also thoaa to
Dumville and Dodsworth, in which it is oai<'
; that the hopes of remittances from persona in
' England had induced O to lujHHy M— ^■
I (which appears to be Morgan). That O—
I jDOuld depend on 2,000 arms from M— *-
(wbkb appear to b^ tho 9|000 anpa ddif^nd |»
411} mtd othen^ for a Treasonable Campiracy^ A* D, 172S.
W filhr brforo tbe date of O '•
'J* TIlU m hftd wiit from C
H\ci% a|ip«an to l»e Cadiz) that he could get
I if lifi bid more monc^^ ; and ac*
_tj |U« catottiittee find that a second
(k^ifly nf amia was (lurchased by Morgan
tnm oMMti fUirf»stterna*8 a^nt. O-^ — in hta
W %* » dated the 27th of April, says,
••I li^ I rtrd BI *s abip t4) come to
it appeara that I!^lorgan did at
fr^' (lint? c^mbark on board the lady
wktb th« anna aboTe-nieDiioaed, aad
krvt Ui Sancto Antonio^ aod sooa after to
\ Aodero.
TW •fttkira on their examination having
■wMmomI one (liltoUi as coniniaiidin;>- a ship
Hivt ^lor^ran. und the comaiittee tiudino' a
iMInr directed to Don Niclmfas,
•iici« I : I'-nt letter ia nientioDed to
bale Wm yttii iMtlie siiidHittuu, theythouj^ht
V TW
i
Mite
f«be)
Hilitiit mi^Hii be a Petitions name
^ *'g:ii^ ill the same mdnner »,%
T Mor^nri, and Gardiner for
idin^ly examined the
>r, one of them said,
UN 4» tietitious name ; und
il that Hilton *s true name
Iff) und that he had been
I on account of the Fre»ton
•''il hy Nicholas Wu^au
ne of Pateraoo; and
ued, that tl«e fiaid
cofnmund of one a1
- II. aft«r their arrirul
i ) a|^re«s with Glaacock^a
in Itfc^f^e Kelly of the 24th of April,
io i»hicli he meolionv NtrrholaH Wogan
wme <d' Xolaitd, AS iHoij lu have the
«if a ?(si*id ai Cath^ to cruiiie H|(iiinH|
)rlis» or Ifir other vieww, on w1m< h he
|jrrtrnd to decide; and Kelly an-
till ' , ivi»bes Woif;in'8 tlii«^f miiy
iti 'S* Thf «Mii'«^ |>artiriilarb
ili. k .a.ri.HiVa Mter'tof ihe itJthumJ
July, by which it a|>|jearv« that the
ifdaa Wo^ni ftere at tiiai time coiue
Il^rUiX, ntfMwlinir [\1ori$arrs nhtps to follim
Io Uiat |»ort, in order to tJietr iH*ttiiitr sad
CAfU^ ; that ilte t-tdeal of thrro n'aa lo
captaior and Ihe otiker heuleiiant ot
Mf lbo*o ibitw^ autJ that thev owned the
Ml 8p<itiit by wlittt ihey ha«l learnt of it*
Ibr %hw lave duke of Unuuml to have
fffi tlie Wcat with Irish ofiicers and armi.
jjili of June, N. 8. colonel 8tan hope
thai the laie duke of Oruiond i«as
fitt^ to embark with arma and oflicerii tor
And your eommitAee find, ilmtaljoat
thm thi|i llerohitiou aet nail from the
•f C^i2: that the a^ilora kuoutof^ the
ar ♦oyapr*^ to be dro[>[M?d, refuKi^d lo
Al llMEif duty itil they were Katiftflrd as to tJie
*~~ lliry ifc»« designed for» That hcreii[>on
tred theiB it wuk to Gihrallar, in
ridao ili« tthip ; but having ^^i tbem
inn, ami iniiiiM liiem ftbout tbetr wages.
[44«
ihey proceeded to the bay of Bl^coy : that tbey
put in at Bancto Antonio to take Morgan on
board, and then joined the Lady Mary at Sane*
10 Andero. That upon their arrival at this
place, the common report on ^hore was, that
rhe late duke of Ormond, and four couipnotes
of fioliliers were to be taken on board the Refo*
lution : that corn and cattle were provided for
the said soldiers; and that the late duke of Or-
mond was within a short day's journey of Satie«
to Atidi'io : that hereupon the Hrst and wecon^
mate of the said ship, suspecting Gal I wey lobe
engaged in some unwarrantable deiiign, agreed
not lo serve any lout^er, uote&s Galtwey wotil4
give them a uote under his hand that they wef^
forced into the service, and would also declare
whither ihey were hound, anil give them actii-
rity that they should not he employed in anj
other voyage thao such as he Rhiiuri declare t^
them ; whtreupoo one of them was ooufiued,
aod the other disicounieoaiiceo h^ Gallwey.
But that Gallwey's real expectatjonk tiere t6
have come over with the late duke of Oimond,
aptjears to the committee most evid»-nt from
Ihe copy of a letter of his, datei) the 16th of
June, the day before beset sail trom Cadiz, in
which ure these worda, ** I hope the * will
aet sad to-morrow ; your not rt'jif'atini; orders
uiid advico concerning the husine^?) m hand
$<^ives me a thontmnd appreht^tiMinns ; God send
uur liankers atid the re4 of our fncuds areaafe,
and stand their ground. 1 mtend lo embark
myself on hniinl the for fear my dear
aunt should have any occasion lor aseititaoce,
ul Mhom I am »o tender that I would not if
posiilile have the care of her put into any other
hands.''
Tlie commitlee obatrve, that the same t%*
prcsMiofi <d' * tny aunt,' is useil tu the letter to
Dodswurth, wiui such circumstances as ni&ka
it highty prolmhlf, thai in that tetter, as well as
thi«» of Gallwt*y*i», it denote^ the late duke of
(>rrui»nd. TIm y like*%iN<- ot>ser«e, that the
Diiiiiea of l\lQnslirld uud (Vlf illey are used in Mor*
t^au^s and Gallut^y's lettel*^i, nt such a manner
as coulirtns tlio&c uumes to mean the late duke
id Oriuorid, u£rreeahty to the explicaliou given
ihf 111 it! the iteport of tlie coiumiltee of llie
Huuse ut Comnioua.
GttlUey in his letter of the 3rd of November^
1732» says, he has a couple ol tine tirfyhoUDde^
a dotr and a hilch, for Mr, Freeuian ; the same
dogH are iiientiiMjtHl in another letter, aud in the
depositions of two ot ttie stulon^^ to ha>e been a
present from the late duke of Ormond to the
Fietender: which conHrtiis the eKphcaiion of
the name ul Fr«'t^iuuii, mentioned m the said
Report, to be true.
Theie was likewise sei2« d on board the Re-
volution, a letter to Gallwey, signed John
Obriiu ; which appears lo l>e in the same
liaiul-H riling with the letters signed Gerrard
and M. i)«ghy, taken among Mr, Lieu i us Ket*
lv*a jMijiers, and cuh5riti)t Gerrard lo uie&o sir
/oh a Ohrieii, one ol^ Dillon's *
* JiJo ill Former Ediiion,
I
44SJ
9 GEORGE I.
Proceedings against Bishop AiUrbury^
Gallvrey, in a letter dated t'rom Altcttnl Bay,
the ISth of September lait, expresses bis con-
cern for Kelly's oontinenient, but hopes that is
the worst that can l>efaU him ; and a letter in
Kelly's hand-writiug signed Ja. Johnson, di-
rected for Gardiner, but enclosing a note for S20
guineas payable to Gallwey, was found on
lioard the Revolution ; as also a direction en-
4ered with Kelly's own hand in a pocket-hook,
«upposed to belong to Morgan. Kelly in his
letten, acknowledges the receipt of one from
air John (which is probabljr their common cor-
respondent, sir John Obrien) and says their
friends in Spain are well, as one of the family
writes him word : which shews how extensive
Kelly's correspondences were.
Gallwey, in a letter from Genoa of the Srd
ef Nofember, irss, (which appears to have
been writ to one of the Pretender's family) says,
lie has acted for many months past under the
direction of Medley (Ormond,) who, he makes
no doubt, has mentioned him to Mr. Freeman
(the Pretender ;) yet in his letter to lord Car-
teret, after his ship was taken, he has the as-
mirance to affirm, that he never saw the late
duke of Ormood since he left England, nor ever
corresponded directly or indirectly with him or
the Pretender, or any of their adherents at
home or abroad, but was always zealously well-
affected to bis present majesty and our 'happy
establishment.
Gustavus B4hr, above-mentioned, deposes
among other particulars, that he has been in-
formed the Pretender's agents had arms for
3,000 men, lodged at a house belonging to the
late duke of Ormond, near Morlaix in Brit-
tany ; which port the committee observe, was
one of the usual stations of the Pretender's
ships under Morgan. And it appears probable,
that these 3,000 arms made part of the 10,000
mentioned in O 's letter to L as pro-
vided by D , who is supposed to be Dil-
lon.
Robert Franklyn, second mate of the ship
Revolution, deposes, that letters directed to
John or James Jacobs at Genoa, were taken up
at the post- bouse by Gallwey. The commit-
tee observe, that Junes in liis'lelter to Chivcrs,
mentions his having communicated the copies
of Mansfield's and Jacob's letters ; and Glas-
cock in his letter to George Kell^ of the 1st of
May, says, *< He hopes money is sent to pay
for the Itarrels which Jacobs has at his disposal."
Ill both which' places it is probable, that Jacobs
means Galhvey ; and that * barrels ' means
stands of a vns, is confirmed by a letter of Mor-
gan's, in which speaking of that very ship that
brought the arms almve- mentioned from Got-
teuburgh and Hamburgh to Cadiz, he says,
** She had receiveil orders for taking in 19 bar-
rels, with esery thing necessiary to make use of
. them :" which last words seem to refer to tlie
bayonets, dints and powder. The intelligence
sent hy Mr. Craufurd, on the 27th of May,
that Crordon of Boulogne was to have a ship
ready te transport some of the chiefs of tho
Muspiracy W England, is confirmed by the de-
position of Roger Garth (already pul
who declares, <* That the said Gordon
he had good reason to believe to be an i
the Pretender's) did some time last sumi
deavour to engage him to ply off that
with his sloop, in order to carry over su
sons as be, the said Gordon, should reco
to him, promising him that he should hi
ployment enough."
The lords committees conceive, that
Teral particulars above related, will ap
tho House very much to corroborate i
counts received from abroad, of ships p
for transporting the late duke of Orn
England, with arms and officers, the be(
of last summer ; and that they also <
the decyphering of the letters, and exp
of the names contained in the Report
committee of the House of Commuus.
The lords committees observing th«
paragraphs of the letters referred to the
writ originally in cypher, thought it pr
call the decypherers before them, in o
their being satisfied of the truth of the
phering. The account they receiver
those persons, was, that they have Ion
versod in this science, and are ready to \
of undoubted reputation, wh
framed letters in cypher, on purpose
them to a trial, and have constantly tbui
decyubering to agree with the origini
which had been concealed from them,
likewise confirmed to the committee, tl
ters deciphered by one or oilier of tl
England, had exactly Oi^reed with the
pHering pf the same letters performed t
sons iu foreign parts, with whom thej
have no communication ; and that in so
stances, a(\er they had decyphered Ictt
the government, the keys of those cy ph<
been seized, and upon comimring thei
agreed exactly with their decyphering.
With respect to the intercepted h;t
question, they alleged that in the cyphc
by George Kelly, they find tlic words i
in an alphabetical order, answering; th
gresbive order of the figures by which tli
expressed, so that the farther the initia
of any word is removed from the letter
higher the number is, by which such «
denoted : that the same word will be fu
be constantly denoted by one and the sa
gure, except in the case uf particles, or
of very fre(|uent use, which iiave two or
figures asbigneil to tliero, but those olwa
lowing one the other in a progressive
They likewise set forth, that in the c
above-mentioned, a certain order is cone
observed as to the placing of the words
use of*, that under each letter of the at
the first cy|thers arc allotte<l to the
names of places, the next to the proper
or titles ot persons, the next to wnole wi
common use, and the last to denote
letters.
As to the truth of the decypherjiigi tb
Iq^ thai several letters written in lEia <6
,J^r a Trutsonnhle Conffit€Nf* A* D. 17 fS*
fiM
em sqiaraidy, one I sntte a oorre^omlence with hiinj for thai
' M.oMq^h he bud followed tlic foriv
Jattjest mid \m i'^tmiy^ cvv
rvt'riu
^M^
iertd bv them |
!(♦ had l)i*»le!i^
Hliiiisftoti,
L.i OS tlicui to
iier, didhnme-
c. . „ , ..111 Kuclt a^ had
and coherence wilh the
ilinl w<?re out of cvpheiv
v|rh«' ?vere reprinted in
iiitl diifcreotly couihine^K
iheye ftevertil ftatticutarit
tr tfv n rh*moDj»trAiioQ of
II w> of by Jer*
ine, they
, for \U*i
and some
le wtmls,
A i tain order
uji[}L':» u \^i
.U,l
red theiTi-
f produce
r und ju-
;l
I f l*#t.
nii<nrcrr'd hv VOUr
' did
• \a-
,i Udiousi ^i^[<•eUt(on
1 m hk <'XftmJtialic»n
■■"ons,
lud
i| h^ tuatim;^ uiu [iiiuiid He-
for
(ons
,-!»l It
ri^ htȣtliv at
n, that he had
iiunkett at the re*
n, hnt thnt he hii»l
Ird with
ai tu the
il iium ihe (iro*' of
iiitiV>i<'otlfbh iiold«5-
' » thi? Trc.
'* old spr-
II he
*,,,.^ .---.- -- ..-- luii^ht
Iff U)» lf»vttndt;r UiEOtdti he would
luin *Um [ikct , i he tu aiUr dis'
;*r!«re : lh!it I ro %vn<e noihiug
him a
I other,
!ciicL'; that he, Layer, I t,,
cyjKi * '^ ruious n&mes witii lun-. 11111*11^5,
uur ' ret ender's child, and received a
Itttti i,MMi 111.1 iimUtion to xUt christcDiDg' of
his daughter. He would not o^n tha.t ha
Mrs. Kit.
Ihoof^h in :
Ucsatd, that I L v
offrom JiirU illi to
m EHi^'s letter of tiie ;>Ol!i J»»utiary, was %
Uiort scheme relatiui; to the f*r«ston atfiur^
shewn him hy KItis while he fins at Rou»e» of,
which h« rememhers no other pnTticulars, but
tiiat ioRurrecttons were to he begun in several
CDunttes in a dark uigltt. That when he mada
application to Pluiikctt lor the ticuiioii«i namcv
of Burfoi^l, Steele^ ^c. he wn& lort^cd to ac-
quaint Phmkett with ins having gi^Uled u cor**
respotidence with Ellis, which I'hinkett re^i
vented, and Kiiid he thought Eliig had heeQ
I'll hid all correspondence wiih persons here*
TiiiiMiu^ ipni,on of his anking* PlunkHt for a
' tor lord Urrery, was, ihAt h*
10 mention to Elhsachdi which
i*itinkett had tiiXr.a tutd hitn of; that Plunkrtt
ouce ifhew'cd Ijim a list of llii» cUih| of hi^ owa
h^iud-wriiifig-, %vhich he read over two or thro^
timGi9, hut ihftt PlunkeU talked so inconsis*
teotJy of them, that he, layer, vd t
it was a mere fiction of his o\\:. i
there never wa» any such club. ih^ >'%
Loyt^r, thinks lord Orrery raintioncd 10 I ti
lord Stmir ' m«> of thoo*?, who with loid
North, si '*rin^« and others, were (a*
lord Orrii Y '*> 'v itdnnued) goinef <
thio}^ in favour of « he Pretiiiidcr;
cannot he po-i'** " ^^v u^ I. '.-I sir
hr, IjtiyfT, WJ '
ccrnii.c i\i*' (I
rni^'ui
wan that the regent should pvi 1
Dillon to ntmr over here with v*
fbfcii*. ' ' o drew u;
loll»IV t* I opened )
thr r
a pn
porcrl to
ttM«ed to
h
Ml iha
a
our of
■ itt
,..t
:-e
<ll
I
e with his own hmi<I
convey I
du it with safety. That Hay^i as ht t>«lieT«i^
447] d GEORGE I. ProoeMngs against Bishop Atierhtry^
difierent places, all of the oame of 1
to whom be would ba?e it belie?ed t
ten were written, without offerioff
least proof or drcamstaDce of probf
shew that such peraoos were at all c(
in those letteiv, or that there ever v
such persons in being.
The letter from waeg^ Kelly, be s
not writ to him, but to one Harry 1
who deliirered it to biro at Will's cpffe
Corent-garden, and that it related to 8<
ney that was to be raised on a security
Barnes's.
As to the letter sigfned Dixwell, he sa
were two clereyroen of the church ol
one or both or which travelled with
Layer from ]>oyer to Antwerp; thai
understood the itoddDgt to be lor the Plretender
«nd his spouse: that be likewise had some dia-
course with Haye about {[ettinff copperH[dates
cni^rarcd at Rome in Bnghsh and Italian for the
tickets of the said lotteiy, and desired him to
receive sir William Ellis's directions about it ;
which Haye promised to do. That while he,
Layer, was at Kome, Baye asked him whether
be would not see the kimr, meaning the Pre-
tender; and that the said Hajre went frequently
to the Pretender's family m the way of bis
business, and was as be believes, present while
the Pretender's and bis spouse's pictures woe
drawn.
Haye being examined by the committee,
ewned the receipt of the stockinets, but denied
their being delivered to him by Layer, or that
jbe knew who they wer« for. He likewise
owned the carrying a packet to Belloni, the
banker at Rome, whkh was brought to him by
• porter from Layer, as he f uppowd.
Layer owns, that Haye told him Belk>ni warn
the Iretender's hanker ; but denies his sending
any such packet by Haye : and in several other
particulars of their examinations they contra-
dicted each otberi
A scheme of the krttery above-mentioned (for
ndsing 895,000/. sterling) having been found
among the papers of Walter Je£reys, now in
custody, the lords committees thooght proper
to examine him how he came by it He owned
his bdng acquainted with La;^and Plunkett;
that he saw Layer about the time of his going
abroad, and helped him to a bill on a banker at
Antwerp : but he denied his knowing from whom
he received the said scheme, or his having had
any conversation with any one about it ; and
■aid it might be put into his hands by Plunkett,
Ibr aught he knew, but that he was not sure he
had ever read it ; and if he had known such a
paper had been in his custody, he should have
destanyed it.
The lords committees being informed that
Layer, between the time of his delivering the
larger and lesser bundle of papers to Mrs. Ma-
■on, had delivered to her a lai^ parcel covered
with blue paper and sealed in several places,
and that he did within a few days aflcr take it
back again, telling her he ihmted to cany it to
lord Noiitb and Grey's : they examineil Layer
Cirticularly on this head ; hut he denied that
e ever delivered her any such bundle.
The lords committees next proceeded to
the examination of John Plunkett, who began
with large protestations of his innocence, and
offered of nimself to account fur three facts
charged upon him in the Report, and to shew
tiiey were great mistakes. The first was, his
receiving a letter from George Kelly ; the se-
cond, his receiving the letter at Antwerp, signed
Dixwell ; and the third, his receiving the letter
from the Pretender, taken at Mrs. Creagh's.
And as in his examination before the committee
of the House of Commons lie had fallen on the
expedient of anbstitnting Hugh Thomas to pcr-
■ooate Rogcn, ao now they found he had fur-
viabcd himsalf with three differeatnersMv. it
them went by the name of Lloyd, but
name was Plunkett That this man
the letter signed Dixwell at a coffee
and he, John Plunkett, taking it up w
sign of restoring it to him in Lorrain, (
place sometimes one, and sometimes
these clergymen were gone) shewed it t
who took it into his head that this Ic
been writ to him, John Plunkett.
The letter from the Pretender, he i
into bis bands much in the same mann
there ia one Father Plunkett at Rome, i
the Pretender always writes when any
to be introduced to nim. Being asked
Father Plunkett travelled with Layer t
(because mention is made in the Pn
letter of a companion of Plunkett's) he
Pretender always called the person ths
be introdnced by Father Plunkett, his
nion. That this Father Plunkett bapp
shew him this letter, and commend
hand,. he, John Plunkett, said he had
at Rome that would be glad to see t1
tender's hand- writing. And Father 1
having accordingly lefl the letter with
shewed it to Layer, and forgot to retu
Father Plunkett, who never calietl for
ing fifty more lettera of the same 1
him.
Upon the lords oommittf*es askin
whether he went by the name of Rogc
said be went by several namrs in his
that he might not be imposed upon in b
onings as the English generally are.
askeil, whether he took the name of R
prevent his being thought an Eiiglishmi
said that in Italy he was called Uoj^ieri
They farther asked him, whether
dictated any fictitious names to Layer,
mentioned any thing to him of a cl
which he answered, That he had givei
the fictitious name of Dedibrd, or Burf
lord Orrery, which name he had from I
That one night being in couipany with
and some clergymen whose names he i
got, the discourse turning on tlie pmtetf
Lords, and the names that were aabac
them, one of the oomnany aaid, Thai
loyal dubt anolhemiiL Tbay «p-
■ad thai be^ PlwhUti rt^t^rf
mid oihtTi^Jbr a Treitsonahh Consjpitacif, A. D. 172SL
[450
AvSk cf ^SgblYor omety lords who would sUnd
la liitSminm ofibtu' country.
He tftnlwrobserTed 10 the committer, That
an iIm iiill JMm dependiDg before your lord-
be is Dot fiiPDiioned by the name bv
be WM baptized and coniiriDed : be nici,
mm Mir&toie was Plncknett, but his C^hristian
Mai# be d^lined teUing ; and t^etr-ofied to place
mmxn hopen and con^dence io this tubterfuj^e,
Tbe cofniuUtee fmding' him tritle with tbem
mtei^regiuai manner, asked bira in grtsnerul^
•litbrr he bad ever been in eoufercuc** with
ihrlVrtender, or bad corre^ponde«l mtb him,
mmj of hia agetiCsP To which he aiisvi^red in
ibii^^ijre.
IW eociicntttee next sent for George K^lty^
«ii9 mill lliem tbai tlie affair bein*; soon to be
l|BI|^hi b^l<ire your lordships, be desired to be
MCMtl from answering any quesiiou^i \ so thai
iiir tiDicl no opportunity m eitaminin^r him qji
^tte new matters alledgped airatiiiit him in the
of ftir. Philif> Ciiryll and others,
\ they tbou£rht it jiroj^r tu send for
md Mr. Caryli, and to ask him, uhetticr
Ift kmA Aoy thing to adr) to, or to retract from
biB foriner accounts f His de|Ki<titioua U'ifi^
Jimd Nvrr lo him, be expreseted himseU' very
aoil uneasy at their bein^^ made public ;
4 the committee he was not disponetl to
any further questions, bfin^ sorry for
I had Slid already \ he likewise in-
that what be had said hud nut been
diiwn exaiHly a» he dictati^d it^ and
A|i|ireben8ive tUot he was called upon
himself of mtiiters thai imi^bt be
to hini< But tinon the coiiifiirttee^s
him that themi>st etlectual way hemuld
<U) himself service, was to makea candid
iiious disciit ery of the whole iruih,
had already giren a candid acconnt,
he should not have been a sitfl^ertr
nilnur. Beio|i^ a$keil, whether his
had not been reail over to him be*
st^edtbem? He said they were; but
was in a gpreul confusiuu st the linie
wmt taken, lieioskT then rei]nired by the
liliee to read tbeiu over himself^ nod to
in what particulam they vary from bis
and mettoiog, he s^rew more couipoBed ;
ving read over the first, dated the $7th
Itarch, said, be believed it waiiri|;liie(uMii;b.
^lini^ over the second (dated the 39th of
rrli) he said it was not strictly true that sir
y Giiriog had told him what is there re-
Cninceruing an invasion, commission, &c.
il was true, he had hearrl sir Harry
say so \ that as to lonl Landsdown's
Jand in the West, he could not be |M>-
lut he thinks nir Harry Ooring said so.
, it was but n ^ 11 of hts own,
di«^course win led thi^ bishop
Rocbeeier^s takrni; sw Hiirry Goring by the
Mlbr, rcl»teil to the Pretender's affairs : But
liiBl be tetDcmbers Tery well, sir Harry Goring
#imfllfiii« that on his saying the words there
ied^eil« *tbis is rocking the cradle indeed,*
ii» Msbop did take hiia h ibe collsr, wul that
he, Carvlli did apprehend the said iTiscourse to
baf e relation to the Pretender's nKatrs. He
said it was about two years ago that being at
sir Harry Goring's he saw a letter lie on his
scnitore, directed to Mr. Hon-, and upon his
asking sir Harry who the said letter %viis for f
Sir Harry told him it was writ to himself. He
said that the words io bis de|iosition which im-
port, that he, Caryll, tiad reason lo believe
Kelly and sir Harry Goring were settling to-
gether a key at his house at North, by whicb
they might corresjiond, are too strong ; for thai
he, Caryll, did not see any such key, only it
was bisVuspicion and tbotif^iit m that time tliat
they were traming such a key.
He likev^ise s^id, that what relates to Boyce
in the saitl depoiiition is rather stronger than he
meant it; for that Boyce only told him he w^
afraid the servant^ he» Carvll, had sent tu him
to help off, was Sample ; alleging this reason,
that lie iind observed he was disguised, and
that he was afraid he was somewhat like the
deiicnpl ion given of Sample in the pmclama*
tion. All t]ie other panictilars «d his deiMisi*
tioos be averred to be true, but said, he had no-
thing farther to add, and that he would rather
a thousand tJi]i» die in Newgate than be am
evidence.
Boyce, being examined by the committee,
owned that sir Hnriy Goring Vem t<t Fiance ia
his yatch, and that a leri ant went over with
bini in a blnirk »ig, whom he h^d ncvt'r seen
wah sir Hurry Guring Itefore; but he utterly
denieil his having conveytd over auy [hm-soii
sent 10 hini by Mr Caryll, or his having had
any discourse with Caryll altout any pen»on*»
answering the description of Ssmide,'
The committee having summoned bcfure
iheiu William Beaning of Horn -dean, and ha»*
ing rt^ad to him his former depositions, Hnd
that he retracts what he had there deposed on
oath, of Caryll and sir Harry Goring^s being
in company at his house with the person who
had but one hand: He says, such a persofi
was at his house ivith two other gentlemen,
but that he now recollects Caryll and sir Harry
Goring were not there at tliat time. Being
asked whether be had received any letter or
message, since bis being in custody, wfiich
bad helped to set him right in this particular?
Be answered in the negative.
The committee observe from the parts of
Mr. CarylPs depositions which he affirmed,
that the explication given to the name of Hore^
in the Re]>ort of the committee of the House
of Commons, as also the decyphering of thai
part of Kelly's letter whicb mentions Horc's
commission, and the conjecture of Goring's
having carried over a new cy pher tn>m Kelly
to France, are very moch confirmed^ They
likewise observe, that what is said in Glti^cock's
letter to Kelly of the UU 31 of October, con-
ecru ing the arrival of the little French mer-
chant, mentioue<l by Kelly, and the precaution
they inteud to use in rcluiion to him till some
other appears with whom they may talk of
business otorc to llie ^\3v^Qia,V!^m& ^ti:»\aii^^ x^
i2 e
I
I
151] 9 GEORGE I. Proceedings againH Bishop AtUrhmfj [45ff
mjpied 918, which mentioni the tending th*
dog-, is from Marr ; and that Mo9gra?e, tu
whom the receipt of the dog is acknowledged
in two several letters, is likewise a name dfr-
notins^ Narr, agreeably to what is asserted in
the said Re|»ort.
The committee find by two affidavits re-
ferrefl to them, that George Kelly, the ivt
time he was taken into custodVi offered the
woman of the house a ^Id watch, 40 guinsM
in money, and a note for 40/. more, to let Iub
escape.
Tne committee have laid the substance of
these several examinations together, as having
some reference to George Kelly.
They likewise examined Mr. Dennis Kelfy»
who utterly denied his being advised with, or
knowing any ttiiog relating to any cons|NrMy.
Several papers found in his custody betsf .
shewn to him, he denied his having ever MS
them before, except when some of them wot ^
shewn to him, at former examinations.
They next sent for captain Fancier, wd \
haviug ordered his former depositions Isk ^
read to him, asked him whether he ba^Hf '^
thing to add or retract P He affirmed enrf \^
part thereof to be true, and said he had «dy ^
this farther particular to add, that having biflly ^.
seen George Kelly, as he was brought dowo li '^
the House of Commons ; he recollects tbst hi ^
has oilen seen him at the gaming-taUei wilk g
Skeene, and that Skeene and the said KeUy y.
were intimately acquainted, as he is aUe li i^
prove by several witnesses of creilit. Skeen '^
being called in, and having heard Pancier'i(ie 4
positions read over to him, owneil that be wii ^
acquainted with Fancier, and had been in cob* .
pany with him at several of the times smI
lation to Sample*s being got safe to France.
And the letters signed Fra. Fhillips, which
Carvli owns he received from Kelly, not only
confirms Kelly's writing byfictitrans names,
but is a strong argument of his being the
person that writ the letter to Bonnaville of the
27th of September, and consequently.tbe other
letters charged upon him in the R^^. For
as in his letter to Caryll, he says, *' I have
never heard a sellable from your other lawyer,
(Sir Harry Gonng) since yon and I were with
bim, which you will say is pretty surprizing,
and am afraid very detrimental." — So in that to
Bonnaville (writ within five days of the other)
he says, " 1 have not heard a syllable from
1). Gainer, or G. Roberts, since Mr. G. Samp-
«on went, which has been a great surprize, and
J may say no small detriment, to some of their
friends."
This identity of expression, in two letters
writ so near the same time, appears to be a far-
ther confirmation that the same person writ
them both, and confirms G. Sampson to be the
same with the other lawyer, which .Caryll has
explained to mean sir Harry Goring.
The lords committees also find in the papers
referred to them new evidence of Kelly's visit-
ing, writing to, and receiving letters from the
bishop of Rochester, as appears by affidavits
from the persons who carried Kelly to the
bi$ho()'s bouse, and who also delivered letters
from him to the bishop, and brought back the
bishop's answers ; and Mrs. Levet deposes on
oath, that Mrs. Barnes has told her^ Kelly re-
ceived in one day as many letters from abroad
9A came to fourteen or fiilteen shillings, the di-
rections of which she, Barnes, saw, but they
wure in such odd fictitious names, as no one
could find out but Kelly, who had the key ;
that among these letters there was one for the
bishop of Rochester, (as Kelly told her) which
he was at that time gone to deliver to the bishop.
And John Maione deposes, that among the
letters which he carried from Kelly to the post,
there were some directed to Waters, the banker
at Paris, under whose cover it appears that most
of the ti-easonable letters were sent ; and the
original letter in Kelly's own hand stopt at the
|iost- office was enclosed in a co\er so directed.
Airs, l^vett farther deposes, Uiat Mrs. Barnes
told her under secrecy, that tlie dog sent from
France \%as a present from the late lord Marr
to the bibhup of Rochester's lady ; which is in
some measure contirme<l by the draught of the
affidavit prepared for Birmingham at Paris, io
which he is desired to swear that lord Marr
knew nothing of any such dog. And though
this affidavit does not appear to have been sent
over by Kelly directly, j^et express mention is
made in the letter to Gordon, thai the haid nffi-
davit is the copy of a notf fruiii the pei-s<iii cun-
Gcrned with the substance of \%hat he thinks
requisite. The circumstant^ of the dui^'s
having been s^nthv the late lord Marr, which
is not expressly alleged in any pan of the Re«
port of the committee of the Iluuse ot Com-
Mona, is a new Gonfirmatiou . that the letter
{>laces mentioned in the said depositions ; tbiC
le was taken prisoner in the Preston rebellioiii
but is not related to Marr, nor has ever lecn
Mackintosh since he |mrted from him at High-
gate. He owned he had had general ditco«iiN
with Fancier relating to a plot, and that Pu«
cier had asked him several questions about ili
to some of which he (Skeene) assented, and 10
others not ; but he denied his Iwving told Pu^
cier any farther particulars than were in tbf
news- papers, or in the current report oftha
town. As for instance, when Fancier asked
him, where the late duke of Orinnnd «iif
He told him the news -papers said he wu at
Corunua ; hut he |H)»itively denied his havisf
ever mentioned to Pancier any particular ptf"
sons as concerned in the conspiracy, or any fl>
the pariirular facts lipecified in his'deposilioiC*
lie tan her >aid, he had reason to believ*
that Pancier had sent to him. since his beioipi*
cu8lo<l y« to advife him to make his e«iCiipe ; ^
th'itoiif (icrrard Fitzt^erald havin|; been Milk*
i g with P;i Meier in the Park, came dirrcd/
Inini tlifot^e to hicii Skeene, at the mkttttS^
^er's house, and advised him to make hii
ebcsipej tliou^li he owned that FilZf;efali
made no mention of Pander's having M^
him any such advice.
Fitx^erald being sen( for by ths
9md o(hert, for a TreasonaMe Compiractf. A. D. 1723.
[454
ie Kill been fo 9e« 8keeiie, imd iindin^
"* ' time in the bousi? but & HornaUt
, ft woiiUI Iw an riw V matter for him
...» »t« *,t..,..,,| Pancit'r f roai having
*r advice. He farther
. :..,.i lie dill uot know but
' ticHifishly to Fancier, but
er wvLn but a single cri-
U
ujd» among the papers re*
iifiji, a copy of the orders which
ifAtI frmti the owners of the ship
I I ■ > (11 tM fiitlovv the direction!
iilstead) dtirin^ the Toy-
i.iiril, by which it ap]iear3,
lid v^-^s to visit the bishop
iA(d an hour ut Wm house,
^ selling- uut for Bilboa.
rvy remarkithle letter sent
(rje9 uf sfate^ by an ud«
I the l'2th rjf February,
il in one, dated the Slst of
t up pears to l*e the letter
1i> in fine ol Nevtjoe's exa mi nations,
0 np by Kelly atitj hiriiKcIf, and brought
I rccted, as he b€rlie?edj by the
•Iter.
e tlnd a paper taken in lord
■ *A xiuily Til CaVige, which con*
V reasoning^ on
' prove, that the
/niTicnt lire not obli*
^h the taking tuch
■ "1 a (frievou!* sin»
oaths or obtiga-
. ^ i. i< nor breaking
ctueia fait under the denomi'
ifistance of what the committer
<o collect from a careful perusal
reftrretl to them, :ind a long
t several of the |ier«ons eon-
ne of whose power tltey hare
%e il wa% (o nave made ample
they had been dispoied to sp^ak
It,
the lordi
t pily nrul
ennmntiees canool
cornjiiiNsiun, on the
■^ -1 iiifaumlion of
lu t*X[mse tht-rn-
1 fl III II. .Il«.«-..L ff
SiHy ; yet the totiiniitit'e
matters contained in the
to them, nml eurrobonited by
'' prenent enquiry, will Hppeiir
tpo clenrly made out, that the
loer or later, wiil haw leinure
ratkh and iiii|)iouH ( > ' \
ing rather true la i>r
Uicir cotiaN^eiicef, uuh liicii
Od April S4, the House (accordinir to orderjf
took into consideration the Report from the
lords committees, to whom the Report and
original papers delivered by the Uouae of
House of LordSf ^* That in a paragraph of the
printed Report from the Committee ap[iointed
by order ot the House of Cummontj to examine
C;hriiitopher Layer and others, and to whom
veveral papers and examinations laid before the
House, relating to the conspiracy, mentioned
in his majesty's speech at the opening tire ses-
sion to be carrying on against his [lerson and
government, were referred, the lord Strafford
and lord Kitinoul are mentioned in the deposi-
tion of Andt^w Fancier, that be had been told
by one Skeeoe (now in custody) that the said
lords knew of an iovasioo intended hy forces
from abroad, and were concerned in the Hit*
nagement of the conspiracy here."
And thereupon a motion being made, *' Thai
the said Andrew Fancier and Skeene be
immediately siint for to attend at the bar of this
House;'' at\er debate the question was putt
That Andrew Fancier and — — Skeene be tin*
mediately sent for to attend at thu bar of thU
House." It was resolved in the negative^
CoQteat £9. Nut coutent 64.
" Dissentient^
*M. Because the earl of Kinnoul and the
earl of Strafl^rd having severally comjdained
to the House, that they titid themselves reflect*
ed on in a printed deposition of one Andrei?
Fancier, wherein be dejioseth that one Skeeoe
(now in custody) had acquainted him, among
other things, that the said earls knew of the
late cooR piracy, and were couceroed in ths
maniigemetit of it here ; and the said earls tiU
ledgiug, that they did not we by the Hepi>rl,
in which that deposition is found, that the liaid
8keene, though in the hands of the govern-
ment, had been so much ai questioned touch-
ing the said hearsay (wliich observation we
find to be true) we think it highly reasonable
to have complied with the motion und reijiiest
of the SHtd lords, that the said Fancier and
Skeene might be eicsmined at the bar of this
House in relation to that mutter only ; the like
request, tor i\m belter clearing the rrputationof
any nubte lord, when he hath tbooitht it un-
justly a^pertted, having never l>een denied, that
we know of; but, on theef»ntr»ry, it wan, tiol
ntit hiutr Mr>oe, granieil m the ea»e «d the earl of
Sunderlaml, though the exuntination which he
thought refleeii*d on hi« honour, was not come
into print when he made \uh complaint ; which,
uci'Ording looiir judgment, was not so strong %
case, lor gMiittuig the mntjon, as the pre^vui i«»
" 2. Liecaufie the said depotiition, as tar a« it
iaprinte<l, contatning^nothiii^ but what otie de*
|H>uetit heard another sn ' virji
a eharneun Skeeiie t<'i it
was very natural and |nf»j«'i, .i> "»^'" f< ii*e
advancement ot instirc. m tor the vnidtcation
of the noble torda requtsting it. to trace the
aiud h6iui«y» i£ puaitblei to lEe tbiaitaia hc^»
I
I
455]
9 GEORGE I. Prouedingt againd Bishop AHerbwry^ [456
Commons at seTeral oonfereooes were referred ;
and who were empowered by thUi House to
examine Christopher Layer, and such other
persons as they from time to time should think
or at least so far as to know, from the person
oharsred wiih relatiafp it, whether he would
deny his liayinij^ related it ; or if not, whether
he would confess the falsity of what he had so
related, or undertake to make it good by his
own testimony, or otherwise.
^ " 3. We think there could be no inconye-
nience in examining, as moved, to find whether
there was any, and what foundation for this
hearsay ; it not being an anticipation of the
coorse of justice (as examining a part of the
evidence against any man, or a part of an ac-
cusation, would be) since tlie swearing what
one raau said of a third person is in no sort
OTidence, either in law or reason, to support a
tMmviction, or eyeu to gronud an accusation
upon, in any form whatsoerer.
"4. Since a mere hearsay being no evidence
m the least degree, cannot be made a founda-
tion for any legal proceeding, it is impossible
for any noble lord, whose honour may be af-
fected by it, to-hope to clear himself on any
tftal, or other like opportimity that can be
g^iven him to make his defence ; and therefore,
since there is no other method that we can
think of, so proper or effisctual, in our opinions,
at an examination of the nature of that moved
for, we think it ought to have been ordered ;
and that every noble lord may possibly, in time,
he hurt by the con8e()uenGe oi^this precedent.
«* 6. We cannot tlnnk tliat the examining, as
moved for, into this hearsay only, could ba?e
made any difference with the other House, since
it is inconceivable by us, that any number of
gentlemen, who ma^ have by accident (for we
hope it is no otherwise) in setting forth the de-
iMMtition of Pander as a charge against Skeene,
happened to asjierse the reputation of some of
the peers of the realm, could resent either that
these lords should desire, or the House permit
them to clear themselves as soon and as effec-
toaliy as possible of that hearsay. (Signedt)
Strafford, Aylesford, Ponlett, Bristol,
Bathurst, iicarsdale, Willoughhy de
Broke, Litchfielil, Fran. Ccstriens',
Guilford, Anglesea, Foley, Exeter, Cow-
per, Berkeley of Stratton, Compton,
Osborne, Arundell, Craven, Bruce*
Uay, Uxbrklge, Weston, Bingley."
March 21. Complaint was made to the
House by the earls of Scarsdale, Straff4>rd,
Cowper; the lords Craven, Guwer, Bathurst,
and Bioglcy, That in the examinations of
Christopher Layer, in the printed appendixes
referretl to in tiie Report from the committee
appointed by the House of Commons to exa-
mine Christuplipr Liayer and others, it is set
forth, That one John Plunkett tokl him the
iMid Layer, that the said lords were of a dab
or meeting called, in some of the said Phm-
kdt'kkttwblliufcrd'sclahi Tbaw
proper: and the said Report beiBg md, it ii
resolved by the Lords spiritual and temporal
in parliament assembled, that this Houao ia
fully satisfied and convinced, that a detiwtahia
severally dedared the same to be fidn and
groundless; and
Earl Cowper in particuhur complained. Hit
little regard had been shewn to divert mfimWni
of that illustrious and noble aasemhly, whasa
honour and reputation had been attacked, bf
being mentioned in the Report from the aeent
Committee of the House of CommoDs, bdag
represented r upon mere hearsay, aa privy la
treasonable designs against the govemmeoU
That for his own part, as the late qoeen AmMb
of glorious and immortal memory, had tho«|^ft
fit to raise him to the die^ity of a peer, how m*
worthy soever he was ofthat honour, he thooght
it a duty incumbent u|ion him, to defend tta
rights and privileges of the peerage of Enghad^
which they held by the fundamental lawaof At
land, and were confirmed to them by HigM
Charta. That afWr havinfp, on so many oc-
casions, and in the most difficult tiinea, ginn
undoubted proofs of his hearty zeal aodafbdSsn
for the Protestant succession, and of hia at-
tach iiient to his mijesty's person and govwa-
ment, he had just reason to be offended, la aea
his name bandied about in a list of a chimeriml
club of disaffected person, printed in the said
Report, on the bare hearsay of an infiinaai
person, notoriously guilty of prevarication ; aad
who, in the opinion even of the secret oomait-
tee, in order to magnify the numbec of the Plta-
tender's friends, did, in several lists, insert tha
names of persons as well affected to the Pra«
tender's service, without having the least autho-
rity for so doing ; which alone was sufficient to
give an air of fiction to the whole conapiraoy.
Hereupon his lordship moved, <* That John
Plunkelt, now in custody, being the person wbo»
Layer says, in one or more of his examinations,
told him, that several lords of parliament,
therein named, were of a club or meeting calU
ed in some of the said John Plunkett's ktim9§
Burford's club, be forth with brought to the
bar of this House, to be examined touching tha
said matter only."— This motion being aa-
conded,
Lord Towfuhend saki, he was extreme! v
sorry to find his lordship should lay ao mucn
stress, and so high-y resent his being maB«
tinned in the Report ; that his lordship's nana
with several others, beuig part of an examuM*
tion, it was absolutely necessary it sbonld ha
mentioned ; that at the same time, the
mittee had dedare«l, they were eiitirdy _
fied of his lorUship's innocence, so that nia I
ship's reputatkm oould not have suffered m^m
that account. But, that on tlie other hand, ha
was much surprised to find that a nobla pafl^
whose abilities and merit bad jnally so grart.
wflifht in that illuatrioua as-eaiblypahoald ii^
a tnvial cwcnmalanoey ridicnia aa a iotia^
hamd«Bd4
457 j and uthertffor o Treasanabk Compirac^* A* D, 1725.
mi wUnl conspiracy. Um b«eii farmed and
mWf for toliciUnf • for^u force to
I yagiioms, lor rm»'mg a rcWlUon,
im LoQitau, aud divers
dwwn in r tigw ; ftmi i^Mn a fttti, triflingf par*
Iknl^ S at DO |Kirt of it w bh true.
Lo: a/ aoi^ered Uie lord Towns-
Lwi<«t^«. rtcd by ttie lord Craven,
ial tk4> 4. uuuK who iiiHiiiuatef) us if
^■fbr Miia (hill ot ittc |dol wai a base contriv-
^■^■a if tji»r «iaertiio(» to blust th«ir honour and
^■nfMUMWi, : I itrintJ USe*
^■to !• ill them oh-
ctfiMjiavlnwuilmcnt waU more warmlb than
I ton! CAdogtin mtd liiefeupon» That fcvr hts
I mm i^Ti ilMMiirli hi& njtirte was often mention -
I «• =" ^ er troubled himself
[ ^••t , . K'O, there wa*» reason
to Icdere w»nic |ieo|>k wt;re sore, when ihey
PikHtiVil •*> wiirfi at the lea^t foucli.
TbrlU»-hj|> [>elled this refleclirm,
» A (fr^^l d. - ,;y^ an'l soid, lie wa»
ifialp Aud mfiuud tifi uity in lh»t ifliifetiiont
■My % lint OS be bud the hononr to hare
aticteot noble blood rnnninif in Kts
■i llkM teme otbers, io, he tiuped, he
' ^ W allowed in exprew a more thun ordi-
»•»( a^ost inaniHa olTered to the
fW miHimi wan o^atired by 81 agonal Sd.
tsimfi, we refer to those entered
u niaile on the 9th diiy of this
i>< a itesolution of ihe like iiii.
.,) Sctknd^lt^ Cowper, Binjjby,
_ iinii^ 0»rtmouth, Gowpv, «tiMf*
|,CrM%*-ii I.iirhfield. Poutett, CJuiJ-
feri!, M stori, Hay/Foley,
AybafoR) I , ^>n> Dxbridge, Exe-
^^\i fottoirfug I>eclaratlof]B were published
*^ MbMiime.
|T|t PiirtAajiTioft of WiLLUM Eaiu* CoWPfR,
l^iiriliCf ihui tilt' iTiriir>^9 containefl in
•DOM liMi la him, ill ti»#
i't^er biyer, art?
I grottndlcM«
^HMMiili ksar^iav dm ji not aflecA any ofM»,
r in law or rria^i. 'i'««'rve« «v»fiirit-
a« wb«»rt* tli«» tni ;ir it, c?«pertKllv
•ad ihrr^Nwi! bothmf ibat Lkyrr m
I nf ibe t9tb nf JmviiutrV and
b«f Pdimary la it. Inih aaid, that one fHan-
wi/ fH« i-KplnMiiii^ wliai was oieaal
thai bird Orrory wio dtair*
afi«l i Co»|iar, awlVirfa o<tber
••il vf«. (mnivKifiprSf notned^ werv of that
mm4 ibot Uii» f ndi ii>et mootMy, as h**,
^ tbpwjr^, a4 m»e sootit^'H bouari : and
I (Uialtf iMfC but my nverm^-m will btf beiiovM
ntnt Hear aiy, etprriafty fttim One in
r4a hambjr d«-
[458
other partt of Great Britain, and eran for
l«yin«r violent b«nd8 on the sacntf - - -i of
tii«i miijestVt autJ on liix rnyal I i ite
prince of Wale«, in order (odeatro) w. -u>a
dare and affirm upon ray bonoiir. That I do
not bnow* or believe, and' never heard before
the said examinations were talked ol, that there
was any anch chib or meeting- : that as to tlir^e
of the commoners named^ f i«» sir I!* Goring^,
Mr, Dawkina, and Mr. 8bippen, 1 do not know
them so umcb as by sif^ht i and as for two of
the remainiujLf ihrr i<^rs, vij, gjr Con*
utouline rbipps lii ^V ebb, I hare not
been in thcir,oreiiiu j ^n mj« trcimpnoies nt any
time within sixlern years last past : and as to
the lords, ! never met iliem^ or any of them,
but either accidentally on visits ot cewmonyp
or in the time of parliament, and that wttik
other lords on the buainesa of parliament only t
and for one of the said commoners, whom f am
acquainted with, viz. Mr. Hutcheton. I never
onoe was at miy meeting w*ith bfin together
with any of the said lords or commoners. And
whereas L:iyer in hii examination of the IpLtl
of Septeml>er last, said, That lord Orrery told
hfm tbat lord Cowper told him (lord Orrery)
thai tlX) torie» and 90 gi-ombletooiann, would
try their la^itetfort in the House *)i Commons ;
and in another examination of the $|st of tho
s^roe months I^nyer refienta the Name, exeepi
tliat he osfs the words, onifry whigpi, instead
of tljc worti srrumhletotir.iti'^ : I dofierehy de-
clare, and ufiirm upon my honour Jhat f n^vef
said so to lord Orreiy, m^r to ihiit effect, nor
any thing like it: ttud 1 do therffore verily
l»elteve thai lord Orrery never aaifl that I dtd.
*' CowrEtt.**
A Decuiration sii;neil by Arcuisald HtTcnE-
SON» e*ij. and j^iven to Mcvrntl itt^ his ac*
muMitiinre, mnm nfti r be had fterused the
Exaniiiviition of ChriNlopher LAycr in th^
App* rtdtx to till* Rept>rt of the Secret Com^
mtttee^ m vihirb Laytc has iwu'l*' tuf ntioQ
of his name^ a^ one of Btj- !i 5
which the fiaid Lay er, in hi* i nn»
siiiih, be was told by one Pluokett, Marcli
** Ha«iot; rcod part of the Examiuaiion of
Lav* t nf iIh \0^U of Jiinttary Jind 4th of Pe^
bi« I thi* Apprndix to the Ueport of
iht' > <iiituitiri\ to wbii^h I«ayer is men*
tioncd til hove mml, Tbat one PluultHt told
bin I, an expbinini^ what wms meant by * Dnr*
I'^rd'N cinb,* tbat Uh^ Orri'r? wav cbuirman. and
iliat tbia liub met inontbliy, ut one anotber'a
botisi'a, M Layer ibonKbl ;'and that Ploiiketl
leU bitn, Tbatibere wt^re eiirbt other bmU und
six rnmmoners (wboae names be nif^otioiM |
and mine ant one of lAioni) ol^ that elub ; I do
Wri4iv (b^^Ure, upon tlie hoo4»ur of a (*etid«<^
man, ^fbiU I do mii koow. or If^'tit've, thut tb^ro
vraa « Hub or moetinf( oi otiy of *'- ' ' or
ffentlenien tii«atiot]«d in llie shh) tiy
MOr liavo 1 evar liaard of any m* * .^^ ^ imm
lord Oa«ry wai pt«Mtt| cxoift Itnt wiudi irat
4
1
i
459]
^GEORGE I. Proceedings against Bishop Atierhuryf [468
mnd happy constitution, by placing a Popish
Pretemler oo tlie throne.
Ordered, By the Lords spiritual and tem-
poral in parliament assembled, that the thanks
•f this House be given by the lord chanceilor,
to the said lords committees, for their havincr
discharged the trust in them reposed with great
exactness, care, fidelity, and candour. There-
upon,
The lord chancellor addressing himself to
the Lords of the said committee, gave them
the thanks of the House in the following
urords:
My lords who were of the committee ;
I am commanded by the House to give your
lordships the tlianks of this House, for ^our
having discharged the trust reposed in you
with great exactness, care, fidelity and can-
dour.
My lords ; The trust was as great as ever
was reposed by this House in any of its mem-
l>ers. The subject matter of your enquiry, a
conspiracy the most danj^erous as well as de-
testable, big with mischiefs of all kinds, and
destructive of every thing that is valuable
amongst us ; carried on and managed in a new
devised method with the utmost cunning as
well as wickedness, and covered with all tlie
disguises the most artful dexterity couUI con-
trive : and which therefore required the great-
est penetration and skill to lay open. And the
papers, some of them of such a nature, that
jt was thought fit to refer them to your lord-
ahi|)s, locked up as they were, without reading
tiiem ill the House.
My lords ; Your lordships have fully an-
earried on in the two last sessions of parlia-
ment, when lord Orrery, and several lords and
geiulemen (not mentioned in Ijayer's exami-
nation) met weekly, and 1 believe with great
innnccuce, dined at one another's houses ; and
1 do further affirm, That even on accidental
visits, I- have seldom met together any two of
the lords and commoners so mentioned in
Layer's examination : that there are two of
these (rommoneni (sir Henry (loring and Mr.
Dawk ins) wlif»se faces 1 do not know ; and two
others (general Webb and sir Constantine
Phip|»s) between whom and me there hath not
been for fiUeen years last passed, the inter-
course even of ceremonial visits ; and between
me and the lifih commoner (Mr. Shippen) hut
▼ery seldom : that there are three of those
lords (Scarsdale, Ci-aven, Gower) with whom I
have very little acquaintance; a fourth (lord
Binglcy) whom i have never met any where
but in visits to others; or in public plaices;
mnd a fifth (the bishop of Rochester) in whose
company I have be<>n but twice in three years
lime. 1 mention this to shew the notorious
falsbood of Layer's hearsay evidence of * Bur-
ford's club,' an appellation I never heard of
until some time aAer the appointmeot of tba
JUCH. HVTGBIMII."
swered the expectations the House entertained,
when they pitched uj>on you for this trust.
Your application m gonig through so many
papers of affected and studied obscurity ; your
candour and exactness ^n examining the per-
sons concerned, or any way capable of giving
any satisfaction, and in representing wliattbey
said ; the accuracy and judgment of your
remsrks, the light you have so happily givfft
to several passages in the Report of the com-
uiittee of the Commons, which, though in
themselves just, were yet liable to cavils, by
such as were loth to have the truth found out,
give, I dare say, a sensible pleasnre to every
lord here that has heard your Report read, and
finds himself thereby enabled to form a jodg-
ment with so entire satisfaction to hinoaetfy
concerning this abominable work of darkness,
which the actors have endeavoured to aumund
with impenetrable obscurity.
This noble pleasure of seeing the truth, not-
withstanding bo many contrivanceo to hide kp
and of being thereby enabled to come to r^ffat
resolutions in a matter of such importuee,
has very naturally and agreeably broke aei
into so unanimous a resolution of retorahig
the thanks of this House to your lordships, to
whom they so much owe it. And in obedi-
ence to their commands, I do, with partiealar
pleasure, give your lordships the thanks of
this House, for your having discharged the
trust in your lordships reposed with great ef-
actness, care^ fidelity, and candour.
Proceedings as to Plunkett.
On the 5th of April the Bill against Plan-
kett was hiouj^ht up from the Commons, wsi
read a first time, and ordered to be read asecoai
time on the 'itUli. It was also ordered, that a
copy of it should be forth witli sent to Piunkett;
that he should be allowed pen, ink, and paper;
that it should be intimated to him, that apoa
application to the House, he might have cmm-
sel and a solicitor assigned to assist in hisds-
fence ; ami that he should be brought to di0
bar on the 26th.
On the 8th, the lord chancellor aequainted
the House, •• That he had received a letter, }
subscribed Jos. Piunkett,* signifying, H^ /
intimation was given him, on Friday night Isitf ^
that upon application to the House, be may bsrt
counsel and solicitor assigned him ; for wbiek
he returns his hearty thanks to the Honssif
Peers : and as he has not wherewith to fiee a ■
counsel, he desires to have Mr. Thklani,iB ^
Elm-court, in the Temple, or Mr. Barnud ?
Camd, near the Library, as a solicitor, to 000*
to receive his instructions in private, and lesft
to summon such witnesses as he ahall find ■*■
cessary, and advise with oounael, if need bi."
It is ordered, That the said Thidar "
and ia hereby, anigiKd aoliQiiar ht f^
Plankfltt aceonlJiigqr«
mtd othtrSffor a Treaxonahlt CompirtBi/. A, D. 17SS.
[4CS
Tbe flootc bewjg moved, ** That John Plun-
hmi he Ibrtbwiib committed ta ihe Tower of
And ftqucslloii [mug stated thereupon * afler
put, " Whether
put," — llwis
The iir»-f nma niii^lion WIS
ill be now
I _,- uve.
iOtki, certain ii^ilnes^eson hehalf of
»giiio«t Flan Lett, were ordered to
H^|^p« fBtfid a petition fvf John Plunkett,
w^fBm in the Tovvfr, c^v thut cer-
liaaaxiiea nere taken i t the time
tfkii' ■ ■■ ' ..iU Thii pttiLion wis or^
4tr^' >le.
t>«« i] r !!» \) tj^sy lord viscooTil Trtwoshend
ia|umi<itrcl iliC HfMisc, ** That he and llie lord
I Cilrr" * -' 'nadtf inipiiry into the matter of
Ihvr >rit)imed in the petilioD ofJohn
,F-.^ ii was jeatcrdny ordered to lie
to the House, « Thnt mr
I the money found in the
-j^ion when first taken into
mmttay 4 and xUm the same is returned to hiu» ;
ImJ p"-tiM hnve been so aoooert had he made
'»:"' und thereupon it was or-
I'J iid petition should he rejected*
Cki Mm :vh^ Piunkett (ireRenteil a i»etirion
Ipnjrfnir that th^ second reading of the OiH
tit * '- ' ,o:»tponi*d, us counsel
I »«' 1 jke his drfente hy
^ <<i Ihe linte allowed for
ition wns rejectwL
,.... ...,, wiincjtses wi*re ordered lo
I FlimkfU*^ Bill, on tfie '26lh ; and the
bt)W (if i!te Tower whs ordered to bnog
Isl bar on the same day. And or*
lur certain regulations respect-
ilrmL
, Ctn in witnesses were ordered to at-
ilUtely on Plunkett's bill*
\ wf|« hroujflit to Ihe har,
- -r o[K!ned the nature of the
♦? It* prove the aJlegations
mui^prt^ritiifnt! iijirrfif; proceeded to the pnv
m of their evidence; in the course of
offered several extracts out of
Hi) letters wriiten by the king'^
"»id otherF, to the secretaries
>ve the a Ik'^'. 1 1 ions in the
h]« of the Bill, which re-
y againiit his majes*
■ni.
lion liTiu|f mode to the reading
-ration, whether
vied to be read as
profMMcd, ** That the original
uwhtiod and th« lord
" '*' ' ' f said
I been
• ' "MM* -, <.,»J deli*
UDi 19 ihb Uouit; ii^d
that the original letters from which they wcr«
transcribed contained several particnlars whicli
it tfl not coo in stent with the safety of the public
to divuJjfe."
And the same thing" was declared concerning
the naltire of the oibers, hy several of the lord*
con)mitt«^f>, to whom the Report and original
papers, dehvercd by the House of Commons at
aeveral conferences, were referred; who in-
formed the flou3e» *' That the said ortgiuat
letters had been laid before them."
And the counsel being again called in ; and
aiiked« ** What other extracts they intended to
offer ID cfidence?'*
And informing the Itouse, " They intended
not to offer any extract, hut what were attest-
ed by the secretaries of state, and are printed in
the appendix to the ne|H>rt of the committee of
the Li o use of Commons, appointed to ejcamins
Christopher Layer tiod others:" And thea
withdrawing:
Some of the said lords committees gare th«
House an account of their having examined tht
said extracts with the said original letters; and
found the same to agree*
And, afier debate, a question was proposed^
** That the opinion of the judges be asked^
whether extracts out of letters, written by the
king^s ministers abroad, and others, to the se-
cretaries of state here, attested by the secre*
taries of stite, and examined by the lords of
the committee, and found to agree with theori-
giuals, u0ei^d to be produced lo prove the firat
part ol the preamble of the UiH, u lijch recite* a
detestable conspiracy, for the purposes in tht
Dill, could be read as evideitce in the courts
below, in any prosecution against John Pjun*
kett ?"
And eacception being taken to some words in
the said question : and the question bein&jf put,
** U'hclher these words, [attested by the secre-
taries of state, and examined by the lords of the
committee, and found to agree with the origi-
nals,] shall stand part of the question?" — li
was resolveil in the affirmative.
Then it was proposed, ** That these wordu,**
[which orifrinals are yet extant, and remain in
the hands of the secretariss of state, but con-
tnin particulars which it is not coosi«tent witb
the safety of the public to divulge, as hatli
been afBrmed to this House hy two secretaries
<if state and the lords committees,] ** should
be madt! part of the question***
It was agreed to hy the House.
Then the question was put, ** That the opi*
nion of the judges be asked, Whether extracts
nut of letters written by the king's ministers
abroad, and others, to the secretaries of statu
tiere, attested by the secretaries of stiite, and
vvaintned by the lords of the comnuttee, sihI
fc iin*t to fl<?rec with the originals j which ori*
ginaU ill ' lOt, and remain in the hands
of the N >f state, but contum parttou-
lars whun n >- 1 < rnfr.;v!*nt with the safety of
Ihe public to ciiau.^i . i ih been affirmsd Sa
this Hou%c b^ iuu totciciiiiji^ii of state and ibe
Igids conimittecii oifered to ba prudticed If
^
463]
9 GEORGE I. Proceedtngt agaititi Bithop AUerbwrj^ [4M
prove the first part of the preamble of the Bill,
which recites a df testable conspiracy, for the
purposes in the Bill, cuuid be read as erifleDoe
ID tbe courts below, ia any prosecution aipuu»t
John PlunkettP"
And it was resolved in the negative.
<' Dissentient. Cardi(^n, Anglesey,
Scarsdale, Bruce, Craven, GuilfunI,
Ay lesford, Gower, Lechinere, Uxbridge,
Poulett, Litcbtiel«*, Beikele\ of Strai-
ton, Fran. Cestnens', Brooke, Expter,
Foley, Conipti*n, Batknrst, IVeston,
Dartmouth, Wiiloughuy de Broke, Ma-
ahaiD."
Then a motion was made, and the question
was put, ** Wlietlier the said extracts shall be
read, in proof of the allefifations in tbe pream-
ble of the said Bill,"— h was resolved in the
affirmative.
*' Dissentient. Strafford, Scarsdale,
Craven, Aylestbnl, Cardigan, Poulett,
Bruce, l/zbridge, Lech mere, Fran.
Ccstrieas', Berkeley of Siratton, Angle-
sey, Bathurst, Foley, Litchfield, Guil-
fonl, Weston, Gower, Coinpton, Brooke,
Dartmouth, Wiiiougbby de Broke, Ma-
sbam, Exeter.
The counsel for the Bill offered, in farther
proof of tbe conspiracy in nfeneral, au exami-
nation of Philip NeyiKie, since deceased, before
•ome lords of the council.
And an objection being made to the reading
thereof; and some proof's being heard concern-
ing the same: and a question being stated,
** That the examination of Philip Ney noe, since
deceased, t>efore some of the lords of* tlie coun-
cil, in farther pn»of of the conspiracy in general,
the words following, * but not taken upon oath,
« nor signed by him,* were pro{iOHed to be in-
■erted after the words * lords of the council,' "
And the question being put, '* Whether those
words shall be made part of the question," — It
was res<»lved in the negative.
*< Dissentient. Strafford, Scarsdale,
Anglesey, Cardigan, Ay lesford, Bruce,
Gower, Foley, Craven, Litchfield,
Brooke, Daitmouth, Compton, Poulett,
Willoughby de Broke, Fran. Cestricos',
Exeter, Masham, Wekton, Uxbridge."
Then the question was put, *< Whether the
examination of Philip Neynoe, since deceased,
shall be read in proot of the conspiracy in ge-
neral,"— It was resolved in the affirmative.
*< Dissentient. Scarsdale, Gower, Car-
digan, Anglesey, Strafford, Dartmouth,
Aylesfoid, Brooke, Foley, Bruce, Wil-
loughby de Brtike, Exeter, Litclifield,
Weston, Poulett, Compton, Masliam,
Uxbridge, Fran. Cestriens', Craven."
The counsel for the Bill ofiered in evidenoe
the copies of three letters, which 'were made
ap in m packet, and tent endoaed in a littar.
dited April SS. irS8| dinolidi "ilbi Om
therefore the proceedings agmimtUoi
ve irregular;" and prayed, "Hal
I don leftls, banquier k BoalogM ;" om directed
to Mr. Cbivers, dated April 90, IfM, s«b«
scribed ** T. Jones ;" the second to Mr. Hna-
ffrave,' dated April SO, 17S3, snboeribed *«T.
Illington ;*' and the third la Mr. Jackaoii, {
April ^, 17SS, and subscribed " 1978,"
taming several passages in cypher.
Anil Robert Clarke and Peter Tbouroiii
examined, upon oath, as to their taking the
saiti copies from tbe original letters, whkh
were stoppeil at the post-office, and wbe&ci>-
pied, were forwarded as directed.
Au objection was made to tbe reading the
said copies. — After debate ;
The question wss put, '* Whether the wui
copies of the said letters shall be read,"— ll
was resolved in the affirmative.
April S7. The prisoner was directed to pro-
ceed in his defence.
Whoatlegeil, <<That he was not heard at
the House of Commons against tbe said Dill ;
and that therefore the |
there were
Charles lJilton,esq. may be aligned his t
sel, to assist him in his defence."
It was ordered. That the said Charles Hil-
ton be assigned tbe prisoner's counsel, as de-
sired.
Who attending, was called in and aapiaintel
therewith.
And then informed the Hoase, " That he il
altogether unacquainted with the merits of tba
cause ; but comes prepared to speak to oaa
point only, viz. that the proceedings m the Hoow
of Commons were irregular."
Whereupon the lord chance1k>r acquamlsi
him, '* That if he had any tliini; else to oftr
in the prisoner's defence, be might now pro-
ceed ; but that he was not to object to tbepio-
ceedir.gs of the House of Commons.**
But be acquaiuted the House, •* That he WM
unpreparcfd to speak to any other point"
The prisoner ^as directed to proceed: and
after a witness on his behalf had been en-
mined, the lord chancelk>r, by the ditection of
the Hou^e, acquainted the counsel and tbe pri«
soner, **Thai il ihe prisoner has any obsova-
tions to ni.ike on the evidence produced by the
counsel for the Bill, as beimr weak or notafiod*
ing him, lie is at liberty to object thereto ; and
that his solicitor may explain any thing for
liim, and otherwise assist liim : but that it Ml
]>erempt()rily expected he should proceed ; aail
that be is to staie what tacts be caUs wift*
nesses to."
Farther evidence for the prisoner was oa*
mined, and the prison* r desiring further lifl^
to produce his v\itnesses, and to remark on tk«
evidence :
And a motion being ma<Ie, ** That the fiv*
tber consideration of the Bill entitled, • An Afl*
*to inflict pains and penalties on John Pt"B^J|^ i
be aifioarned till Monday next, at toi o'dofll* I
U-Ift waa vpOQ the queaiM, raaoMi IB the »■
I dlherStfor a Treasonaile Cmsptrae^,
''%sM IIm firiilMser vi^as directed to proceeil.
Mad tli« ipmoncr Laving ^nne throu^'h his
•qH he ADil his !io1icitur tmring het^n
» thr rcMin<el for ihc Dill were heartl
'\ t^vittcnce in snpjiofl of
.:»a witnes-vt» on behatf of
ill MnrMlu^ Larcion wasexnminetl,
I ' T to mikke hw
Its; antl ott'ei^tl
^iriiMt purpoKeiand
p*r-ntio
1km li*e Hatil
read A second time,
■ Ifct pti»#itce ol iht^ tiri^otitir
Ani he heia*j! n»k(^it, '' If he had any tlirog-
6nlMr I© %^ev ?** an^wereii^ *' That lie con-
oprad llie Villi Bill to be loo getieral, atid can
tmkm an prtifM!r defence.**
TWff^iipuii the cntitifte) were direct^ to
flAJ»%« % and iHe priftotitir was taken ffutu
Im wnti-red, Tliat the sat I John Plunketl
4ii»t»»nd»t* In tlio To**crof London.
Awi ^.l|?ei!, TItftt the liill be read
^ih> L the W\h ; aitd it was ordered,
Hm int jffMt^es do then attend.
Uathe jr^th, the Bill being read a third time,
ltd, Thiit the 0|iitiion of thejud;;e-!i
i, '* \y hifltier, if John Plunkett shall,
sini; tit this Fiill, he indicted for the
lilii which lie atoiids chAr<;ed in this
L jf!k^d Uiift act in bar of such indict*
i»T y -y\\ \ite ford chief justice of the
bench, in then^meof atl the
! coosuUed tojfether, deUvered
I ojiinion^ *» Thut, if the said
^,.. - . trito a law, he may plead the
10 bairof iuch nKlicniient,'*
a inoijoo was miide, and the <:)ne^tion
t the Q|iiniou of the judui*^ be
. 1 1 I « if one witness provinjij no o*ert
r««i>M 10 be done Uy John Flitnkett,
_ nitneits |iraiiniJ^ a letter to be his
ifdi if written h^ him, amounlsto uno-
o?rft act of the same treason, make two
itiintMiet to prove John Plunkett guihy
gh tr^-ason/^ — It wus resohtd iq the
l«Aif long dtjbale the question was put|
tht» Bill ^hitlt pas»/' — ft was re-
I llie Alfirmatitef b)f 87 agam»t 54.
fit.
L- Bdlt of thl« nature, Hi we
^ otk^tit nnl 10 mH\ ■ vm of eti-
iiy^wben the ; o of the
requtret tt ; wiiini wt* mke to be
w in/m tht fircirnt iiine, the conspirarv
htm dH..'*"'i . 1 ■■ - ^ , aorU the
n'oiiHider-
**pi , - I -»..v. ..,,..i tiie many
h% a now appearit h« baa wrote to
jpimdeiiiA abroad, mutt appear lo hare
I ittifMlor and d«oeiv<»r eren to bia own
VOLWl-
of thii ktod, ttudlog lo
conrict and puninh, are in their natnre, thwttj^'h
not form, judicial; and do let the Commoti^t,
in effect, into an equal f<hare with the Lord^ in
jtidicature; which the liords ought to be f crv
jealous of doing, since the power of judicature m
the greatest distin^ttisluntr po^ver \Ue I^rda
hate : and there will be little reaion to hope
that, if Bills of this nntme »re given way to by
the Lords, the Commons will ever bring op irtK
peiichments,ormake themselves accusers otily«^
when they can act as jtjdgps.
" Sdty> Ttiia Bill, in our opinion, dlHcri
materially from the precedents cited for it.
As to the case of sir John Feu wick ; it is plain »
by the preamble of that Hill, that the trrv>nnd
most relied on to justify procccdiugagainsL him
m that manner was, that there had been two
legal witnesses proving the hi^h tretu-on agtihiH
hiin ; that a Bill was ibund uiroinst him oti tlirir
evidence, and neveral times uppointed him for
a legikl trial thereon, in the ordinary course;
which be procured to l>e put off, by undertaking
to discover, till one of the evidences withdrew ;
so that it was solely his own fault ihnt he had
not a legal trial by jury : all which circum-
stances not being m the present case, we take it
they are not at all to be compared to one ano-
ther.
" ithly, As to the acts which passed to detain
Counter and others, ^'^•' '--'"' ^ ■•' *^^' <--. nunnery
to ftMsasiinate the Im «
memory; we cone. , : - i : m
their nature bills of attainder, as this is ; but
purely lo enable the crown to ke^ p them in pri-
son, notwithstandiut? (he laws of liberty ;
whereas this is a Bill to inflict pains and
penalties, and does import a conviction and sen-
tence on the prisoner, not only to lose his liberty,
but also all his lands and tenements, goods and
chattels ; of which he having none, as wc lie-
lieve, wecannot apprehend why il was inaerted,
«nd rliis Bill not drawn on the plan of Counter's,
Sec. unltras it was to make a precedent for such
forftitures in cases of Bills which may hereafter
lie brought, to canvict pi^rsons who have great
e^tiites, upon evidence which doe** not come up
to what the Uw in Ireing requires,
** 5thly, If there be a defect of legal evidence
to prove tbls man guilty of hij^h treason, such
dt^fect always was; and, we think, if Bills of
this nature,* brought to supply original defects
iti evidence, do receive couutennnce, Ihey may
become familiar ; and then many u« luimreiit
person may be feachei! by them ; since it is
hard lo drslinguish, whether that defect pro-
eeeils from tlie cunning and artifice, or from tba
ian^'Htf ijce, of the party,
" (ilhly, This proceeding by Bill does not, in
our opinions, onlj tend to lay aside the jodiHal
p<Htrr of the Lords, but even the umc of jurie«,
whicli ditittnguivhes this nation from all ita
i>ei;,*hbonrs» and is of the highest value to all
who ntjhll) nnderMLand theseroriiv imd other
hcuetits ;jr< ruin^r fmm it : and whiitcver tends
to alter or wenkiu that great privilege, we
think, is an alteration of our constituhon (or the
worse, though it be dooi by act ef parli
I
I
taij
9 GEORGE L Proceedings againsi Biihop Aiierbugg, [4fil
Und if it may be supposed that any of onr fun-
dameutal laws were set aside by act of pariia-
meot, the nation, we appreliend, wouki nut be
at all the nnore comforted from that considera-
tiott, that the parliament did it.
** 7thl^, It IS of the essence of natural justice,
■ as we think, but ft is most surely the law of the
realm, that no person should be tried more than
once for the same crime, or twice put in peril
of losing his life, liberty or estate : and though
we acquiesce in the opinion of the judges,
^That, if this fiill pass into a law, Plunket
cannot be again prosecuted for the crimes con-
tained in the preamble of the Bill ;" vet it is
certain that if a Bill of this kind should happen
to be rejected by either House of parliament, or
by the king, the person accused might be at-
tacked again and again, in like manner, in any
subsequent session of parliament, or indicted
for the same offence, notwithstanding that either
House of Parliament should have found him
innocent, and not passed the Bill tor that
reason : and we conceive it a very great excep-
tion to this course of proceeding, that a subject
may be condemned and punished, but not ac-
quitted by it.
** 8thly, We think it appears in all our his-
tory, that the passing Bills of attainder, as this
we think in its nature is (except as before issaid
ID cases of absolute and clear necessity), have
proved so many blemishes to the reigns m which
they passed ; and therefore we thought it our
duty m time, and before the passing this Bill as
a precedent, to give our advice and votes against
. the passing it, being very unwilling that any
thing should pass, which, in our opinions,
. would in the least derogate from the glory of
this reign.
'' 9thly, We apprehend it to be more for the
interest and security of his majesty's govern-
ment, that Bills of this nature should not pass,
than that they should ; since peraons who
think at all cannot but observe, that in this case
some things have been received as evidence,
which would not have been received in any
court of judicature ; that precedents of this
kind are naturally growing (as we think tliis
Ifoes beyond any other wliich has happened
aince the Revolution) ; and if from such like
observations they shall infer, as we cannot but
do, that the liberty and property of the subject
becomes by such examples in any degree more
precarious than they were before, it ma^ cause
an abatement of zeal for a government tbunded
on the Revolution, which cannot, as wc think,
be compensateil by any, the good consequences
which arc hoped for by those who approve this
Bill. (Signed,) &arsdale. Craven, Wil-
loughby de Broke, Poulett, Strafibrd,
Foley, Cowper, Berkeley of Stratton,
Bathurst, Aylesford, Gower, Anglesey,
Bruce, Litchfield, Guilford, Weston^
Dartmouth, Hay, Ashburnham, Lech-
mere, Masham, Cardigan, Brooke, Uz-
bridge, Exeter, Compton, Bingley, Fran.
Cestriens', Osborne, OxCdtu and Mor-
liuitr, UoDOoyi Trevor."
6
An Act to inflict Pains and Poaltiu
ON John Plunkbtt.
*« Whereas in the years 1791, ud ir88,a
detestable and horrid conspiracy was fat— d
and carried on by divers trtfiton for invAy
your majesty's kingdoms with forciga Ami^
for raising an insurrection and rebeHioa a^Hit
your majesty, for seizing the Tower and oi^tf
liOndon, and for laying violent haada.iifM
vour miyesty's moot sacred peraon, awl ipaii
his royal highness the prince of Waki^ il
order to subvert our present happy aataUii^
ment in church and state, and to placea FtopM
Pretender on your throne: And whcmt ie
the better concealing and effecting the nidcia*
spiracy, divers treasonable oorreapoadsam
were, within the time aforesaid earned «a k^
letters written in cyphers, cant words aad isto*
tious names ; which conspiracy, bad aat Al-
mighty God in his great merey
the same, would have deprived your
kingdoms of the ei^oyment of their
laws and liberties, involved theoi in I
ruin, and subjected your people to tha
and oppression of Romish su{
arbitrary power ; for which execraUe Iraana
Christopher Layer hath been indicted, trisdt
convicted and attainted. And whems Ma
Plunkett hath been a principal actor in tha ail
horrid and detestable conspiracy, by In '
ously consulting and corresponding with i
persons, to raise an insurrection and rf^
against your majesty within this kingdom, sod '
to procure a foreign force to invade the hbm^
with a design to depose your majesty, sad to.-
place the Pretender on your throne, by ltii»
torously corresponding with the said P '"
and by engaging in a most execrable sad v8»
laioous design of laying violent bands opos tha
sacred person of your majesty (whom God lo^f —
preserve). Therefore, to manifest oar jaK
abhorrence of so wicked a conspiracy, and o^
Zealand tender regard for the preaervalisa sf ■
your majesty's person and go\ jmment, pai fiC .
the Protestant Succession in your m^slj^ '^
royal family, the solid foundation of oar prcHi^^
happiness and future hopes ; and to tne «iC '^
that no conspirator may, by any contrivaaflaaC ^
practice whatsoever, escape punishment ; m^F^
that all persons may be by the justice of pir*' M
liament for ever hereafter deterred froaica^.^
gaging ill any traitorous conspirmcieB or i^^^
tempts, we your majesty's most dutiful uP'^
loyal subjects, tlie Lords spiritual and lemMlP.^
and Commons in parliament assembled, t^^
humbly beseech your msyesty, that it may h^'^
enacted ; and be it enacted by the king's tmf '
excellent majesty, by and with the advkicav'rj
consent of the Lrtrds spiritual and tempartlp 3
and Commons in Psrliament assembled, aad V
the authority of the same, that the said J<
(jfhen^Jbr n Treasonable Conipirdt^* A. D, 172S»
^ftl Britain, to llie custody of the
^■|wr wbereof the said Jolm Finn-
Hpi lime tu time be cominiMe^t* in
Bv lltifl i€t, by ivHrraot u utter the
tmX nf *ny necreUry of itnte of hh
Msbdrvor tncoef&ors : i^hicli war*
^fttits any secretary of fttale for the
^Hltm^by authorized trndimpoiveriMl
^B Ihit 6ie«aia John PluDkettstmM
HmiyeffY i^ll his lands, tenements^
Hn% gooclt and chattels whatsoever,
ftf niorefure detaining the fiaid Johti
io «tfe ctistoJy, be it hirther enacted
lliDrily aforesaid, that if the aaid John
*"* '1 bresk such gaol or prison to
I beso comniittetl, or shall escajte
fo4y of the j>er8f»n in whose ciis-
0, ny virtue of inch commit meat,
iiii John Flunketi, nnd all and
II nd persons whatsoever, who
J or a^isi^tin^ the said John Plun-
king fiuch ^uol or priiian, or in
i«tcape, AS alareaaid ; or who shall
cue the said John Plunkeit
Wiy* j^olf or prison, during the
Ml* )m|»risonmeut by virtue of
eieg thett^nf law folly con dieted » shall
^-* — "*'y of felony, and shall snffer
ttfeioay, wiihoul bene lit of
[470
P" eren
ioiinee of this act, John Pluoketl was
I fifiiooer in the Tower of London.
»CltOtKC» AS TO KeLLT.
^tO infl
^nr* aliiu
mrt A^y \
^lo inflict pains and penalties f>ti
^f^ alios Johnsoti, wns brought np
I on the 8th of April, and on
r w«t read t first time by the Lords.
tf^y the House on the prisnuer's
J^JTbat sir Constantine Phippi* and
;ht be allowed to him for his
Huifh U'a*ifin and Deo-
BS solicitors, aoil that ihey mi^ht
I him in private,** ahviLjjied Phipps
dy lor hiii counsel, anrl VV atsoo for
I wtlb leave of acce*^ to him in prt-
\ Uang ttie day appointed far read-
iteoond time,
I and Mr Wearg, hating* opened
Tlbe Bdl, and llie evidence to prove
I Ifi llie preatnhle thereof-, oflered
Its of several original letters^ writ-
Bnff's minirtent abroad and olheni,
Inn of «tate here, to prove the al-
\ihe flmt part of tl»e preamble of
fUih recites a detestable conspiracy
si " HI and government.
[>p» and Mr. Pratt,
ill u led lor Fazakerly, of
Kelly, objectruj^ to the
Fdiaocellor nequainttng them with
the Resolution of this House, tovichin? the said
eirtracts the 26th iostant, in the proceeijiugii
upon the Bill acfainst John PInnketl ;
And the same beintj read, and the counsel
against the Bdl still objeciin^ to the reading
the said extracts, the lord chancellor, by direc-
tion of the House, acquainted them/*' Thai
their lordships have had full satisfaction of the
truth of those extract!*, ui»on a no I her occasion.**
And the counsel lor the Bill were directed to
proceed.
Amon^ other evidence the counsel for thtt
Bill oflTered the copy of a letter, directed ♦* To
Mr. Dumville, an attorney,*' enclosed in a let*
ler directed, " To Mr. Thomas Wilmorc, at
Blr. 8lokoe*s, a bookseller, at Charing* Cross,*'
dated *' Aprd tnh;** with that of the en closed >
being" a copy of O^^'s letter to L , diited
** A|>ril anfu'*
1 hen Peter Thonvois was examined, npoo
oath ; and provetl them to be true copies of the
onjzinaJs, which were slopped at the post'OtGoe,
ajid copied, and sent forward as directed.
And Anthony Corbicre and Edward Wiltct
clerk were sworn, and examined, to prove lh«
said letters truly decyphered.
And the counsel and prisoner objectinsc ^^
the reading* the said conies so decyphered ;
It was agieei!, that the said copies should ba
read.
Afterwards John Crawfnrd havhig been exa-
mined, to prove that Philip Neynoe was dro\«n-
ed» in endeavouring to make his cscutie out of
Ihe house of a messenger in whose custody ha
was, ami the manner of it ;
Tke counsel for the Bill oflered to prod oca
an examination of Phiiip Neynoe, beini^ an fZ-
tract made by Mr Delaryyefrom ihiee papers;
one ifiteo in by Philip Neynoe, and the other
two betnif minutes of Neynoc*s exaininattoD.
Ami Charlen Delafaye, esq, was exatniued,
tauchin^ the said extract
And the said examination heing- shewn to
the lord viscount To« nshend and the lord Car-
teret, in order to their giving satisfaction to ihi
House conct'min^ the same :
And the counsel against ihe Bill submitting
it to the judu^ment ot Ihe House, " Whether
the said lords ought not to be examined on
oath thereupon .**
And some proceedings being read otit of tbe
Jiinrnals, touching examttiatiout of Iprds upon
honour or oath :
ft was agreed, that the lord viscount To wns-
hend and lord Carteret be examined unou ho*
00 ur,^ touching ihe nap**r, entitled, ** The Exa-
mination of PhiHj> Neyuoe,**
And the lord riftcount Townshend and the
lord Carteret severally declared upon their lio-
* At to this, see the Examination of the bi*
shop of Oxford upon lortl Mucclesfleld*« trial,
a. D. 17'25, in thi« volume, According to lord
Forlescnie (reu. 395) lords Townshend and Car*
terel were allowed to prove this exannnation
" iipoti honour*' because ibey acted in Ihrir
legisktif t capftcily atid not id tlieir judicial.
I
9 GEORGE I. Proceedingt against BiA^p AUeriwtgf [479
him by a (^ater person : and althoorii the
couDsel for the Bill, when called upon, did boC
Ihiak Qi to name that greater penon ; j«t| k
being suggested in the Report of iba Home of
CommoDs, comma oicated to this Qousev aad it
being universally supposed hitherto, thai the
bishop of Rochester did dictate the said iMsn
to the prisoner, it became, in our 9piiueeS| m-
cumbent on the prisoner, to give the **
471]
nonr, ** That the said examination wa^ pro*
duced before a committee of council, and Ukk
read over to Nej^noe ; and that he twice ac-
knowledged the same to be true."
And afterwards, the counsel for the prtsoner
objecting to the reading the said paper:
After debate ;
The question was put, " Whether the said
extract, entitled, * The Examination of Philip
Nevnoe,' shall be read ;'' *
' It was resolved in the affirmative. And the
paper was read.
On the next day, May 1, the counsel for the
Bill concluded their evidence : whereupon the
prisoner and his counsel were directed tu |ira^
ceed in his defence. They desired some tar-
ther time, but the House having takeu into
consideration their desire, they were directed to
proceed as before.
Then sir Constantine Phipps and Mr Pratt
were heard in behalfof Kelly, and procee^led in
the examination of tiieir evidence.
May 9nd, the prisoner's counsel proceeded in
their evidence, and offering to examine wit-
nesses to prove by ciicuuistances that eertiiitt
letters which had been reail iu sup|>ort of the
Bill, were not dictated by the bishop of Knche ;
ter to the prisoner, George Kelly ; the samt'
was opposed by the counsel for the Bill ; ami
after di-bate, o niotiun was made, and the ijuc^-
tion wa^ put, *' That the counsel for the (tri-
soner may be at liberty to pro< eed, as they de-
sired, to examine witnesses, to prove, by ne-u^
ral circtimstances, that the letters, dated the
SOth of April, 1722, giren in evidence for the
Bill, were not dictated by the bishop of Ructif s-
ter to the prisoner George. Kelly," — It wa-s
resolved in the negative, by 82 against 47.
** Di«>sentient.
" 1st. Bt cause it was insisted on, by the pri-
soner's counsel tl.-tt the proof desired w as ne-
cessary .0 his •lettuce; and, if allo\ve<i to be
made, would contribute to satisfy the House of
the prisoner's innocence of the crimes charged
on him by the IjIII ; for which reason a]oQe, it
there was no other, we think the witjiessea
ought to have been examined ; it being in our
opinions, against the constant course and rtiles
of justice, ia criminal proceeding of all kiods,
to pr: k'lide the prisoner's defence, by refusini^
to hear his witnesses, if they are legal and com.'
peteui ; and in derogation of the honour and
justice of the House, on this occasion, to aoti-
cipat -the judgment of the House in thf lenst
cireuiii^unice, which the prisoner or his couu-
sel insist «»ii to be material to his defence, and,
v^hicli in:<\, if proved, be of weight in the coo-
sidLMutiou and jt:Jgmentofthe House.
** 2dly. Ii apptHisto us to tend directly to
prove the guilt or innocence of the prisonerf to
disinjver whether the bishop of Roc hes^trr did
dicuite to the prisoner the letters menvioncd
in the question ; because it was declared lu the
House, by the counsel for the Bill, m opt uing
the charge against the prisoner, thai the letierSi
though wroie by the pimiMri ^n^ dictited i#
or rendered incredible, might infliKMe the
judgment of the House In other cifcanptijeiM
*' 3dly. Because the declaratioB of PUip
Ncy noe, deceased, though not aigiied er tmmm
by him, hath been allowed by the Aooeetebi
read, and given in evidence, m pvopf ef the pH^
ticular facts charged on the priaoner ie the
Bill; in which declaration, the orisoiMr HO-
pressly charged by the said Neynoe, le have
frequently told him, That the bwhop. ^U^
1th the hiti
cliester helii correiponfleDoea with i
der and the Pretender's agents ; and ihil lit
{prisoner was emphiyed by tlie bishop ia VHl^g
or him, and carrying on the itaid oona^pWr
dencies ; and that be had several tioMa hft
Mr. Kelly at the bishop's <toor, wheo Mr. Ulj
went into the bishop's house, and ataid thm
an hour or two ; and upon coming beck to hia»
that the prisoner made apobgiea for atayiegst
long, and tnld bim, ' He had been wittng thf
bishop's letters ;' which he alwaya appve-
heiuled to be ihe foreign correspondence or the
bishop with the Pretender's agents : for wbick
reason also, we conceive the proof demA
ous(ht to have been received, becaoae it mi^
l>e thought a denial of justice by this HtHise l»
Uie prisoner, not to permit him to answer, even
by legal evidence, the particular and direct eri*
dence which the House bath allowed to b«
given against him.
** 4thly. Although the prisoner may b«
guilty of a treasonable correspondence^ if b#
wrote the letters mentioned in the questioo, le'
the same were not dictated to him by anf per-
son whatsoever ; yet the facta chaq^ed la th9
Bill having been endeavoured to be Droved, Qeft
by direct proof of the facts themselves, botb^
circumstances ; in our qpinions, the prwNNrv
defence must be applied to answer tne Mrtnl
circumstances: and it is, aa we ooncdfeir
equally unjust, to deny him the liberty of fitt^
fy ing that circumstance of his writing the lift*
ters, being dictated to him bjr the hhmop. Mil
would be, to refuse to allow bim to prove I|H(^
the said letters were not, or could doc, hit
wrote or sent to the persons to whom they.srf
suggesU'd, or charged to have been wnpie iC
sent, or to refuse liiip to prove, bv circaM'
stances, tiiat the prisoner bipiself cud doC, '
could not, write the same at the parlicalj^
times and places the same are aoggested is m
so wrote or sent by him ; or to deny himltoV
to falsify by circumstanoca aay other
itance relatmg to the aupMied
i
473] stfd aik^i,/0r a Tretmrn^e Compiracy. A. T>. 1129. [474
And the tfiid 4etl«r toi) draogbt eticlosed
*re remh
AimI ibe cowMcl for the prbonirr destnn^^
'^ Ttnit some brds in his majesty *s serfiee
VPOuUl lie pleased to g^ive the Houf»e an accoKHii
ol'>vhut ttdvicies ihey had received, Irtim any of
his mnjesly^s luitiisters in France, relutiitg to
the prisooer^B procuring a do^ al Parift^ lor
some periion hext f *
Tb€ lord Can<^ret ^a?e the Houie an ac*
county **That he bad received a letter con-
cerning: the s»ame, from his majesty *9 winistef
at P*iri8»"
And the said letter w&s read : as al«o an af-
fidavit of Michael Brimageu, relating^ to the
same mnUer.
Wr. VVeuijf was beard in reply.
Then the hilt was read a second time, in the
presence of the counael and prisoner.
And the prisoner beingr afrketl, ** If be had
any thini^ further to ofier?^* and ansiweritig,
** He had not :** the counsel were ordered to
withtbaw } aad the pri^uer woa taken frum the
bar.
li^j
^ id^y* T\m couumI tor the Blllhuviugr
alU|;iftl. UH our reason airaiDst llie examinations
I hey were not prepared to an-
icc,* michi bftve been a ground
:>^etl them a reiuon-
iiation: But^ in our
, ikm cjubulfialion oui^ht nol to weigh
ilie priifioner^a t^iving the erideoce lo
i '.eh be was prepared to g'ive ;
it was alleged, that the exa-
9vr Ue«ire«l watu desired ou the pri~
^<9 have been made at the bar of the
ommons, • ■ ' •^•' r; by so long ago
lUitified by i
bl>'' Because u.^ ...u. J of the iiroof of
pj orc%i«iiMDce of Ihif prisoner's defence, if
r«f»6At )»e not just^ uiuatt in iia cf^nse-
afl Uceoflbis whole proce^d-
i«9 aapicM ^ Mier ; because it deprives
' ir«Mli# Ql tbe liberty of forming a jud^-
I iIm whole c^i^e, aod tends, so far as
iat |iailicttlar goes, to subject this proceed-
Of agaioM tKe pri^ner to tbe objection of par-
lybfYt which u irifKt hit;iily disboimurable to
l|yiU<itiMr» rsperirilly I'r.iisi.lcring the latitude
I halfi heed a i lowed in olher parta of the
on this occasion. Arundeil,
IJAir' - ^'nm^r, I'orufret, Hay, Guil-
forii Northampton, 8trafl'»rd,
DmUaiip, i .Hven, St'ars^iale, Litcbtield,
Wharton, Sta\%el), Auglesey, Cardigan,
Cowp^'r, Hathurst, Trevor, Fran. Ces
lheu!c\ Ofliborne, Folty^ Mnshiitn, Coiii|)-
ion, Bfucei Montjr»y, WjHougbby de
Brok*', LecbiDere, Bruoke, Dartmoulbt
Ldgli, Binfifley, AyleMJbrd, Berkeley of
•SiriUtoo, Uidiridgu, Middferon, Tadcas-
itW0 Aabhufnbatu, Exeter^ Weston."
aO^ exafnintnef other evidence, the
I fo^ ; 1 onfr Kelly summed up the
Koner waii brought to the
I beanT in \ns own defence.
I Mr. H^evea^ lor thf* Bdl, was heard in
.<imc other examination of eridence
,^,.' ip '*''' ^'/uMo^> '»r i»)iich the cbnmc-
ooc tine ill question ;
1 i, !„ ,: tbvingpre»entin
, and beuig awked^ ^uve an account
pmctedinifnf and tJie conviction of
I Miffley, and judtmient axaiiifit bim
m imnctinents, une fur publifibuig a se*
ilfliel; and the ot her lor trea^m»ble worda ;
I Ji>uruaJ doea nol aiate tbut Mr. Barou
I iworn.
1 for the Bill offered to read in
Inter, dat«l ^' s 1723, di-
^ A mouttieur Gi^ iier a Bou-
aith a drauifbt ♦iirin.riMn il I
fit decir* d lo lie awot n in I I
ral'
at. .».,ru,i M^The-
d, be
.! .- ... the af*
liAetMktii.
May 3. The Bill being read a third time* a
provi«;n by way of rider, to be added to the said
Bill, 10 allow the said George Relty^ alia»
Johnson, to depart his majesty's dotnioHms, on
givuig security not Lo return ai^uin without li-
cence, wa;; fifiered to the Houhe, and read.
And a motion being made, and the ijueatioa
bfinjf pot, ** W^betber the saUi ridtr shall be
read a second ttme,'* — It was resolved in tlie
negative, 83 against 38,
" Dissentient* Osborne, Anglesey^
Craven, (i nil lord, M id diet on, Nortbu tup-
Ion* Hiawell, Fran Cestnen»\ Scars-
dale, Trevor, Balhurst, Cower, 8«raf-
ford, Ayle*ford, Salisbury, Poulett,
Bruce, Ashburnhanip Oiuiiuouib^ Wea-
ton. Mo sham, Hay, Liiibttebf, Foley ^
Brooke, Exeter, Comptt>n, Bi rkelry of
Hlrattou, Uxdridge. Anuitbll, CardigaOi
Monljny, Willoughby Br,, Biiigley."
Then the question was pot, ** Wbeiher thft
fiaid Bill sthull pass,*' — It wa« refiuJTe4 in tb^
al£riuativei 79 against 41.
DiiiacutietU.
*« 1st, Because we think there ia no reason
for the legislnture to (inss a law cjt pottc facio^
to punish this person lijr the treiUKmab;e corret-
pondence he is aceu<!»eil of ; he iK'ing in custov
dVf antt may be brought to a legal trial tn one
of th«) courts of Justice.
»* 2udly, W» cfincetve the want or defect of
such rieor and plain evidence, a*i by the laws of
this kingdom is requiri d, to convivt any person
of high treas«»ti, no ^ufH( ienl reason to warrant
the exerctae of the I^^tri«^)it1ve powvr, in makittfi^
0 new law i'ttt bin puiiif«lifueiit ; ln'cnu^e such
laws being mu^te fur the prtUectiun of innocent
per«on» fmm suftV iin|/ \*y faUe, utici rtain, or
doublful evidrnee, every i^ubjcct i% nitiiled to
file beuelii of tliirae InwK, wlien be all
imdor an &ccui»alitJti of high Irtaioii.
«
I
I
475] 0 GEORGE L Protudingt agaimi Bishop Atierbmy, [479
loughby de Broke, Exeter, Ailibara-
huD) Bingley, TMlcaster."
**3rdly9 Because, as we concei?e, by the
rules of natural justice, laws ought to be first
madf as directions for men's actions and obedi-
ence, and punishment inflicted for putting
those laws in execution against offenders ; and
(bat therefore punishing by a law made after
the offence committed is not agreeable to rea-
son or justice, except only in the case of real
and apparent necessity, to pre? ent the imme-
diate ruin of m gor emmcnt ; which we do not
think to be the present case, or can bear any
resemblance to it.
«< 4thly, Because the proceedings of the le-
gislatifo power in making Uws, can be go-
verned by no rule but that of their own discre-
tion and pleasure ; and therefore the making
laws to inflict pains and penalties on particuli?
persons must, as we conceive, tend to expose
the lives, liberties and properties, of the subjects
to an arbitrary discretion, and consequently
render them precarious in the enjoyment of
thooe blessings, which, by our excelleDt consti-
tution and government, they have always had
an uncontroulable ri^ht to hold and enjoy, till
forfeited for some cnme, and the person offend-
ing legally convicted thereof upon such full
and positive proof as the laws«f this kingdom
do require,
<' 5thly, Because, as we conceive, it would^
be of dangerous consequence to the safety of
innocent persons, to allow copies of letters,
taken by the clerks of the post-office, though
sworn by them to be true copies, to be given in
evidence against any person accused of high
treason, especially when such copies are not
compared with the originals after they are
taken, and the original letters forwarded on by
them, and not produced ; because the originals
not being produced, such person is deprived of
an opportunity of iidsifyiog those copies ; and
thouff h there should be any mistake committed
by the clerk in copying, whether wilhiUy or
by negligence, such mistake cannot l»e detect-
ed, for want of the original writings to com|»are
the copies with.
<« 6tbly, Because the proof of letters, or other
writing, in criminal prosecutions, by similitude
and comparison of hands, being, as we conceive,
a very slight and weak evidence, because hands
may be too easily counterfeited, and the per-
sons examined cannot speak positively but to
their belief, and therefore not liable to be pro-
secuted for perjury, hath, as we conceive, very
justly been discoura^, in such times when
the administrstion of justice hath been most im-
partial ; and convictions of high treason,
grounded on such evidence, have been reversed
by act of parliament, for that and other reasons.
Pomfret, Stawell, Northampton, Angle-
sey, Fran.Ce8trien8\8cars<lale, Craven,
8tniff«»rd, Denbigh, Guilford, Wharton,
Middletoo, Poulett, Aylest'ord, Dart-
mouth. Bathurst, Litchfield, liitelisbury,
Brooke, Gower, Weston, Osborne, Hay,
Berkeley of Sirattmi, ComplOB, Bmoa,
Foley, Uxbiidge, Mashan. 1W">»<
Clnf«li^ inndBU, JMVi. I
An Act to inflict Pains an» Penaltiss
ON George Kelly alias Jobmsoh.
" Whereas in the years 1791 and 1749, a
detestable and horrid conspiracy was fbrmad
and carried on by divers traitors for inTadiag
your majesty's kingdoms with fordgn fbrcci^
for raising an insurrection and rebellioD agaiMt
your majesty, for seizing the Tower ud dty
of London, and lor laying violent hands apoa
your maiesty's most sacred person, and npoa
his royal highness the prince of Wales, io oracr
to subvert our present happy estabtishoMiit is
church and state, and to place a popiab Pk»-
tender on your throne ; and whereas Ibr tha
better concealing and effecting the said ooa*
spiracy, divers treasonable oorrespoodenea
were, within the time aforesaid, earned oa kf
letters written in cyphers, cant- words, and flo-
titious names; which conspiracy, had notii*
mighty God in his great mercy disappoiolrf
tlie same, would have deprived your naiestj's
kingdoms of the enjoyment of their reis|iML
laws and liberties, involved them in blood aM
ruin, and subjected your people Io the bondago
and oppression of Romish superstitloD and ar-
bitrary power: for which execrable twasoa
Christopher Layer hath been indicted, triads
convicted, and attainted. And whereas Geoife
Kelly alias Johnson, hath been a prinoi^
actor in the said horrid and detestable eonspi*
ing with divers persons to procure a IbreigB
force to invade this kingdon>, and to raise an
insurrection and rebellion against your majca^
within the same, with design to depose your
majesty, and place the Pretender on j
throne ; for treasonable practices in which i
spiracy the said Geoige Kelly alias Johnsso.
being arrested, and divers papers then foond
about him seized, in pursuance of a warrant
under the hand and seal of one of yoor ma-
ar's principal secretaries of state, fi>r aeiziag
apprehending him the said George KeUy
alias Johnson, together wiih his papers, and
the said George i^lly alias Johnson, being in
custody of a messenger by virtue of the said
warrant, did, by force and violence, with a
drawn sword, make an assault upon, and resist
the said messenger, with intent to destroy the
said papers, and did bum the same : thernbre
to manifest our just abhorrence of so wicked
and abominable conspiracy, and our seal aoi
tender regard for the preservation of your OM-
jesty 's person and government, and of the Pto-
testaat Succession in your msjesty's roysl^
mily, the solid foundation of our present bsp^
piness and future hopes ; and to the end Iftii-
no conspirator may, by any contrivaaes ir^
77]
and others, Jbr a Trtcuonahle Conspiracy. A. D. 1789i
[478
L rtutifiil ftriil loyal sii!»jecl5,
i and teiuponUf ftncl Cvm*
aHsemlletl^ <]«> humbly L^>
, iKnt it tnay be enacted ;
J [»y cbe kiti£(^8 most excellcLit
.1 vi'iUi the ifcdvice and consientof
I npintiiml and temporal, and Couimoris
anieiil aaaemUrd, ami by the atiUioriiy
■ ./ :' - ,■ f ■ :. , ..^ I- ;C:- '"\' alias
-e and
<i4tuHii vixvi ur iti.uii' iinzt'i and
I (ikiifiyre of hifl tiinjesty, Lis heks
i>r*, iii Jf"*' " "' 'ir |*mou wiihio
{tioin of Gir ; to the custody
. .Ui or Ui *M the said (j^rg€
. titne to time he
- act, by warrant
I seal nt any secretary of
^ lu9 heirs or successors :
iir»ui or warrauls any secretary of
.')« lime beiu^r* is hereby authorized
^ ^uifiinvertHl to make ; and (hat I be said
dmm^'t KtUy oUaH Johit^n iihalt tbrf^it to bis
•ijiMiy, alt his larvds, tet)emeuta, hereditA-
MbiU, ifttcdi and chattels whatsoever*
1 for llie more sur*? detaioin^ the said
Ki'lly nhus J:>lmson in sale custody,
■ '^^ 'ho aiilhority aforesaid^
K^idly alias Johnson
li;^. .^ |.ji!^on to which he shall
r ftball escape out ol' the
itv fi! I ill M'hnse custody heiliuH
[(t, that then the
\i ; ^ iison, and ail and
on %u%i persons \^hataoever^ nho
^tidiir^ or ;^s^i'?tiT5qr the said George
i'j^ snch i^aol or
|r»^' j>e, asafurcsaid,
«t wtio v^IjuII L) iuicc take ur rescue the said
ti««rvw Rcliy atiai Johnson out of SUCb cus«
^\ 'be continuance ol'
^ this act, being"
" •;, nhall be jnd;|e3
ill suffer deatit aii iu
t.
. r'jLLOWINO IS TI4E SpEECH WHICH
KiuLV i>iiiiv&nED IN x\i% Defence at
Titft SAft or T«B House of Lords
on Titc 2x0 or May, 172:i.
pUf innU; Sjficfi my counsel bifo ao
t uclc allcgf?d ui^ainst
-Kary to take up your
iiJty
\kmi iit9jd«aaar»p iii4
tbe pains and penalties yoti could poasibJj
inflict upon mc.
^^ hud since my charge is so very extraor-
dinary ; since thfite proceedings seem to be
without any precedent ; and, that the in no*
cence of other [>ersons calls upon me for jiubliti
justice ; I believe yonr lorashi|i« will easily
alloWf that to be sileot in such a case would
b« truly criminal, and too justly censuretK
** To enter into all the particularH of mj
accusation, would lake up more time than is
reaKonable for me to ask, or for your lordships
to allow : and thou$2fh the many inconsistencies,
contradictions, and false coQclusiou!^ which
ap[)ear iu almost everv page of the printed
rei)orts, plenty shew the weakness, absurditj
and BO}»histry of tbem ; ho we? or, I shall only
begr leave to touch upon those materbl parts
which relate to myself, and my deleuoe to
ihem.
♦*The first article which I find myself
charged with, is, the emploviogof oueNeynoe
to draw up three memorials to the regent of
France, to solicit foreign forces to invade thi9
kinj^dom. And fur proof of this, the exami-
uations of the same person, which are neither
upon oath, nor so much as signed by him,
(and whom the committee of the honourabU
House of Commonii have represented as a
very infamous fellow) are the only evidence
assigned against me.
Thlsi my lords, is the crime I and this th«
proof!
*^ And thonirh the bare mentioning of it
might be sufficient to convtooe your lordahipt
of its weakuesa, however, since so great a
wcigtU has been laid upon this kind of evidence
ID another place, it wdl be necessary to be a
little more particular about it,
«* Th« two first of these meiuonals, (vU.
thf' " and arter the 8outh-Sea Sclietne)
ai. ily mentioned : but the one pre-
Iviiueti to i»t^ drawn up in December 1721, (and
containing a demand of 5,000 men) and a letter
said to be written the Alarch after (lo amuse
the government into a fal^ security) are the
chief ihio'^fs U|>on which any stress is laid*
And how false both these allegations are, haa
evidently appeared to your Tordiihips. For,
bad my accuser been realty employed to draw
up any such memorials,' it is reasonable to
believe, that be would have conies of aome^
ami espd^illy of the last of them ; since e
persKku who turned informer so Kuddeoly after«
tnay very well l»e presumed to have had
tboui^htJi of it for some time before ; and secb
tNipei^ would, no doubt, give great weight t o
[kig information. Out the mini^ry have pro-
duced no such copies*; neither do ihey pTcieud
to luve them : wmeh is a very .^reat indicaUoa,
that there never were any such mcmonals
at all.
*' Besides, there are no two of his examb>
nationn ofu tiirrc. Nay ! he cimtradicta him*
ficif in ry one of them. For in bis
neooiid I I <u be says, that these memo*
rials vers aii draiva up by the «rdir wi
i
i
4
4
479]
9 GEORGE L Froceedingi againa BMap AUerimjf, [480
Henry WatiOD rwhom he really did not know,
bat took to be the late earl manhat) withoot
making the least mentioa of me. In bis third
enmination he aaya, they were delivered to
me and Watson ; and in his fourth, he says
asfain, they were all drawn ap by the order of
Henry Watson only. And in a tew lines after
contradicts himself, and says, that the beads
of them were given to him by me and Watson :
which are snch iaconsistencies, as (your lord-
ships will easily grant) are not to be recon-
ciled : and if his memorials were no better
drawn than his examinations, I believe they
were not likely to meet with any great success.
** As to the earl marshal, how reasonable it
is to believe, that a person in his circumstances
should venture to come into England, and live
so openly here, as to entrust himself, and a
aecret or this nature, to a fellow, who (by his
own coufession) did not know him, is humbly
submitted to your lordships. And as for my
part, it is very plain that I could have no hand
IB them, since the minutes in my pocket-book
(m which I could have useil no disguise),
agreeing with the concurrent testimony of
•everal witnesses, plainly shew, that 1 was not
in the kingdom at the times in which my ac-
cuser pretends to have Keen so employed. For,
by those minutes, and their testimony, it ap-
pears, that I went to France the 3Srd of No-
vember, 17S1, and did not return till the latter
end of the next month : and my accuser him-
self owns in his first examinatioo, that he did
not see me afUr my return, till the January
following ; which makes it impossible that he
eould have been so employed by me in De-
cember, since I was most part of that month
out of the kingilom ; and the few days of it
that I was here, he owns he did not see me.
*' Nor has the other part of his information,
relating to the letter (which he pretemls to
have drawn up in March) better grounds-^
For, by the same minutes, and by the same
evidence, it likewise appears, that 1 went to
France the SSod of February after, and did
not return till the middle of April; which
makes it as impossible that he could have been
employed by me in March, since I was then
likewise out of the kingdom. Had tliis exami-
nation been at any distance of time, it is pos-
sible he might be mistaken in it : but his first
information must have been about the middle
of April, soon after my return from France ;
for be confessed to the person taken up with
him at Deal, that he was the first who set
the ministry upon intercepting letters. And the
fint letters so intercepte<l are owned, in the
42nd page of the Report made to the Liower
House, to have been the 22nd of April, 1782. —
And, surely, he cannot be suppiMcd to have
forgot so soon what happened the very month
before ; especially since he has been so parti-
cular, as to name the very day (Saturday)
vpon which be shys this letter was so drawn
np. By all which it pkunly appears, that this
trtiolt It not only gronmtteM, bnt evidently
Mw} udlikewiN^ thath^kM mwofsk kd»
I otner parha-
►wreaseniMs^
nge untrath w m
tleof,aBdwhril |
bare assertiBii M
ami notoita ■
must be lib- -1
1
macy with me (as the Report preteiids)^ since
he has declared, that I never apoke to him of
the eonapiracy ; and that I eould be a megUi
at one time, and two months at another, eol
of the town, without his knowing any thiqg
of it As to what is said of his coming aome-
times to my lodgings, I believe it may be
true ; hut it has been fully proved, that Ui
visits were never to me, bnt aiwaTa to anotlwr
r'rson who lodgeil in the same bouee. A«l
do solemnly affirm to your lonlshipe, that I
never was acquainted with the late eail
marshal, or with any such person who weal
by the name of Watson : tnat I knew very
little of my accuser ; so little, that 1 am ooe-
fident i never spoke to him ten times in my
life, nor ever employed him in this er aay
other affair whatsoever.
*' The second Article charged upon me, k,
the carrying on a treasonable correspondntt
for the bishop of Rochester. And for prosf sf
this, the examination of the same person is Ihs
onljf evidence priHluced against me ; wbsnfi
he says, That 1 frequently told him, the Imkm
was concerned in such a correspondence ; «i
that I mana^ it for him ; with other j
lars not worth mentioning. How reesa ^- ^
is, that 1 should tell such a strange untrm 11
a person that I knew ao very little of, and i
credit ought to be given to his bare- 1
who has affirmed such gross ami
falshoods in the former Article, must
mitted to your lordships. And, in my |
unhappy situation, 1 cannot but think htmf
great and sinij^ular happiness, to have so pohlv
and honourable an occasion of puigiog myNlf
from 90 vile a calumny, and of doing justieetl
that most worthy and learned prelate.
** And I do solemnly declare to your kiid-
ships upon the faith of a Christian, Tbst I
never wrote or received a letter of any kiad Ar
the bishop of Rochester, or was pnvy tossy
correspondence of his at home or abroad : tbst I
never shewed him any letter that ever I wreli
to France, or ever sent one there by his pri*
vity or direction : that I am very little koswB
to his lordship, went very rarely to wait opn
him ; so rarely, that I am confident few of bii
servants know either my name or face ; aai I ^
have not seen him above three or four liiatf j
these two years past, and not above eight ir i
ten timea m my whole life. , m
*< I do farther declare, that my visits to li> fE
lordship were always public ; that I never M| 4
privately in a chair to his house ; always foos^ .^
other company with him, who were geoeislf)r 'j
strangers to me ; and never onoe mentioned h* j
name, upon this or any other account, to ths -^
person who thus accused me ; which, witbiM .J
evidence that has been produced of his •*> Ig
confessions to thut purpose, is, I hope, soffioi^ ^
to convince your lordships of the truth of it -'^
«< And as for the dog, which has been hto^
tt a circamstauoe to preve this matter, I dsi*
the aame solemn manner deolare, thai bejN|
given tame bra "^
fMfcwbaM "
and otheritjor a TrtatonabU Conspracif, A. D. IVSS.
r4^
r do Tf rtly iH'tii've, never lienrd of liis
feme ; ami that he never was dp-
uy boily but the penwii 1 giive hitn
en I to the very ministers tht^m-
>iti»h rc^idenl M Parts (wlio is
ded by that very «urf;eon» and
■bout it) has not cnnftrmed the
Its account to tlietit. I do farther
\ the biAlioj> of Rochester oe^er stw
received iiny letter or mcfsage by
rj believe) by niiy other person
iher did ] ever know or hear,
► hntl any inJerrourKe orcorre-
rtth th<' bte earl of Marr, or auy
1 (lerson abrond.
It cannot be tmag'ined^ that I
Lilar interest or concern in this
fer I tiever received o»y tavours irotn
*]>T neither do t owe him any oblig-a-
»e of common justice ; and those I
pni\ VI here I have so much truth of
the g^reatest enemy 1 have upon
or the other ctrcuin!«t4iires^ whtob
to ' n my accuser*i( cxa-
t and til in one Fancier's
rthey t^ in ;i[i|)e»r, I don^t doubt, as
aii fncoosistent as the exummnliona
For thi't pei BOM B^vcars« that aoo-
jtm of this conspiracy; that six or
Ckns of Irish forces were to come
to asiist the conspirators ; that
^«re raised, ami \MH} men regularly
tliii pnrposie in Loudon* Theae,
» called, in the 38th page of the
Lower House, the concurrent
Btm(f prmifii of my acct»»»er*8 exa-
iiid 1 humbly appeal to your lord*
' one of them carries the least co-
\ or probability viith it. For can
led, tb;it such a force should come
ibere appears to he so strict
the two kiiivTilfKus? Or
^f*M r.....i]^^y ije raised amonpfnll
, in c«s»e I here was a
I ri-gularlv mubui^ted
it I o very ? These are
%t as (1 am (>ersiijd-
^bare any *veighi viifh your lord*
A^ my lohU, thia it only bare
lid if the bcar-aay of such iofamons
deed, of any pemotta) be lookeil
~ Ivvldencet I believe oo man in
are of hta life or Hh^-rty an
V talk him* into
r^aso ; and the
itie grt^ater hii^ danger
i^'ch I atftod chari^ed
K treanonalde lc*tcfi
r viip|io«eil to be to
irr, and ^ene-
\h ■ i'l to have beeu
. Conlon at Boulo^^ne, \«'ith
livereit to one Mr. Talbot:
tbia, the chrk^ ol' the
;i^
potfl-
wHiten tn the tame hand with an original uliich
was iitopt as a specimen of it : which or i|{i rial hat
been sworn hy two petrous to be my writing^,
atid cnnsequently tho^e letters must be so too.
** My lords ; these tetters are dated the SDth
of April, and the specimen so stopt the '^Oth of
Aug^uKt, just four months after And how it ii
potjiitWe for people (\vho receive such a number
of letters^ to swear to a likeness of hands, at
ftich a distance of time ; and what weight
ought to be laid upon this kind of evidence ; or
upon that modern aud mysterious one i^iven by
the decypherers, in which they don*t pretend
to a certainty themselves, must be submitted
to your lordships. And as to the persons wb#
have sworn to my hand, I hope it will be con-
sidered, that one of them is a meseen^er,. who
never saw any of my writing^ but the sapor*
scriptions of a few letters, which (your lord-
ships may easily see) do not bear the least lilte-
ne«s with tvhat he has •cworn to. Besides^ thti
very person was turned out of bis employ-
ment upon my accouut ; and a few days after
he gave this evidence in the House o( Com-
mons, 1 saw a parat^raph in the newspaper!
that he was re'itored to it again. And as to tho
other, it is to be hoped, that it will be likewi^o
considereil, that he is a servant who attended
me only about three weeks, and was turned off
for an infamous action, which be has acknow*
ledg-eil himself to have been guilty of: bestdeii
he has cool esse d, that he never saw me write,
but as be went backwards and forwards iu tha
room ; and at such a distance as not to be able
to distinguish one character from another; tad
it has been prr>rod by two witnesses, (one of
which was a particular friend of bis own) that
he declared he never knew any thing of m^
hand ; but w^as threatened by the secretarvt
iuto the alBdavit which has been printed in tb«
Appendix, And if that paper hail been my
writing*, it is impossdde they could be reduceJl
to a necessity of making u«.e of such improper
evidence, since no pains have been spared to
prociu't better ; since nutribers of people have
been taken up, conBned and examined to this
very point, and New^te sent to, more than
once, for witnesses to it. And though it might
be proved by the very Heport of the Lower
House, that thone letters could not have coma
from the bishop of Rochester ; however^ my
bu^ine«« is only to convince your lordshtt|«r
that 1 was not tlie writer of them \ and of this»
I beliere it in impo^ ' " ive clearer proofs
than I have done: i - letters had beea
diciateil to me the .' = \ |h il (aa the Report
pretends) it must Ikl^* fn" i» at his lordship*!
house in the country ; biui:t: it appears by tb«
de])Osition of bis coachman, thai lie went ihcr*
the l'<:th of that mouth, and did nut leave il till
tbe 5th of May.
*" Hut il baa been proved, that 1 was iJi
London all that time ; and if it had been per-
mitted* there is not a person in tlie bishooN fa*
mily bat would i«'>srirv, that I was not then at
t
I
need, who *wcar, that those , his house in tbe country : and consequi
lit b«!st of tbisir ki»otrledge) could tiotb»re vrritttoany tycb lett«rif<Nr
I Si
Willy
Uiai.
i83] 9 GEOKGE I. Proceedings against Bishop AtUrhwr^^ [4N
Bendffl, I have brought seTeral pertODt of stantly open, and that he made fome
credit and undoubted characters, who ha?e all ' ' ■ ■*
lestified, that the hand in which thoie letters
are said to be written, is not mine, nor any thing
like it.
" An affidavit has been produced from Mr.
Gordon, that he never received any sucli let-
ters from me, nor ever had any correspondence!
or even an acquaintance with me.
** And it has been likewise proved, that Mr.
Talbot, to whom those letters are said to be de-
livered by Mr. Gordon, was in this town the
▼ery day upon which they are said to have
h«en delivered to him at Boulogne : And if I
bad an V such letters to transmit, can it be ima-
gined tnat f would trust them to the common
post, when I bad so good an opportunity to
send them by, or direct them to Boulogne,
when the same post might as well have carried
them to Paris ? These are such full, such evi»
deut proofs, as, I hope, cannot fail of giving
your lordships the utmost conviction in this
matter ; and, consequently, that this Article is,
like the re«t, both groundlebs and manitiestly
false.
" But if any credit is to be given to the con-
fessious which my accuser made to the per-
son taken up with hrro, it is very plain that
those leters must have come from another
quarter ; and to say no worse, were at least
calculated to carry on his own hose and vil-
lainous designs.
*' For it has been proved to your lordships,
that he confessed to have been employed by
Aiie of the ministers ; received 300/. from him,
and was to have 3,000/. more. That this mi-
nister declared a personal prejudice, upon some
private account, to the bishop of Rochester ;
was resolved to pull down the pride of that
haughty prelate, and to squeeze me (as 1 think
the expressions were) to that purpose.
'* My lords; I say, if any credit is to be given
to this confession, there can be no great diffi-
culty in tracing out the source of this part of
the conspiracy ; and i am heartily sorry to say,
tliat there are some circumstances which
seem to give but too great a countenance to
the truth of it. For, my lords, he made this
confession at a juncture, when he may very
well be supposed to have spoken in the sin-
cerity of his heart ; when be saw his villainy
detected ; believed himself to be in the greatest
danger, and depended upon the person's as-
sistance ^to whom he made it) to help him out
of his misfortunes. — And how particular this
nrosecution is, and bow sufficiently I have
Deen saueesed, are things but too visible, and
too well known to the world.
<* Besides, the very cypher bv which those
letters were written, (and which he owned to
have received from that minister) was actually
caught upon the person to whom he gave it ;
and he confessed, that he put a paper of di-
rections into one of my drawers, by which (the
Report says) most of the treasonable letlen
were addressed. And it baa been proved to
ypur Wrdabipty that thg«« inm^n wmtOB-
for being alone in my lodgingBi thtyvf night
before J was tirst taken up. And linoa ke «u
the 6rst that set the ministry upon inteicept«
ing letters which he said were mine ; it ia v«|
extraordinary, that such a material part of hi|
evidence should be omitted in hia ezaininatioB;
or that the very first letters so intereepldL
should be those alleged ajyrainat the bishop i(
Rochester. And if the originals of thoae tnni
letters were stopt, I don't at all donbt, bnttbe*
might be proved to be my accuser'a own iMpi*
writing. And how strong a sense he had sf
his guilt, by attempting an escape which pnr«
ed fatal to him ; and how visibly the haatfif
God has interposed iu that eminent
favour, by taking one of the persons (d
for his destruction) out of the world, andj
the other grace and virtue enough to < '
all temptations to his prejudice, are thlfl
higlily worthy of your lordships' jast i
serious consideration, and no small ii
of his innocence. And as to the money wldeli
my accuser owned to have received, that tfavi
was a very sudden and extraordinary chameia
his condition ; that from the lowest stale of p<4
verty and want, he soon arrived to that or |
vicious and most profligate affluence, h %
truth sufficiently known to all those vh
were acquainted with him. But from wfaM
this chan<>^e proceeded, or what real grouodill
had for aspersing that honourable persoiw (
will not pretend to sly : But if those i
l»e false (as I wish they may) it may be jnrtly
inferred, that a fellow who was capable m
vilifying one person, may very well be iodfai
as capable of doing so to another : And if M
veracity is not to hold good in one case, that
can he no reason for allowing it in the other.
** The fouith crime alleged against me, iia
number of intercepted leiters, supposed to hs
written to, and received from the late earl s(
Marr, general Dillon, and other disaffeclei
persons abroad. And for proof of this a Frencb-
man has been produced, who swears, tluit kl
once saw me take up a letter at Burton's eof-
fec- house, by the name of Baker, which naat
(it is said) some of the ti-easonable letters woa
addressed by ; and was, in a paper of directistfb
found in my lodgings. — How tliat pane
there, has been already proved ; andutalh|f{
person who has sworn to tliis particular, 1 1
observe, that when he gave this evidence to 1
House of Commons, he did not know i
though he spoke to me, and looked
times earnestly at me: and for the troth (
this, T can appeal to most of the mcmberaof d^
honourablo House, who were witncssHjof il
and he would still have probably oootiopiif
his ignorance, if some private hints (aa It
been told) were not given him, or the I
thod taken which has been done w
ber of other strange fUkiv«..jwk'
qnently sent to the Tvm
bnaineta but to dhn '
thopeoplnor-th^
1} Mud otheHfJor a Treasonable Conspireq^* A. D* \19S,
m
iait< And thoui;b it be set down m
niiifltion lK*fore the cnunctl» (tint I coU'
I to ii«fe taken upsiicli a teiter, 1 (itinitily
\ my twfJ cliancellor (if It can be worth
Tiip's wbile lo ^-ecoltect it) irhedicj not
ki»l Tety quffMtuD two ^r tlirte limes ?
diilocrtas oflen (Itny it? Neither b
Jj fmnJeutar Ihnt is fnl^ely set ilawo
BOiinattoo* And 1 dci solemnly iiHirm
ill'ip^, that 1 ne?er iliti receive aoy
HlcY, ner ever saw that paper of direc-
jlill ii «*M pnoted in tlie Report.
sU ^mfitance pretty remarkable io
\ o&r ice, that as it beg-an witb my
tr'p lui Jt niatioo, so it ended with hia b«-
^tikco up. For immediately after (L new
denee h pretended to be diseoveredi
:iliia tikewise upon me, it has been
ibat I tent cyphers by sir Harry
\ to France, and had letters directed by
U> 8turgea*s and Slaugbter*s coffee-
» Bvt my lorda^ no t ocb cyphers were found
ilMly, nor any papers relating to such
^ »n«ience : and ine people of those
N'iiovsca hate all sworn, that I never or-
I any letters of that kind to be taken in, or
1 otie» cither by my own or any other
fjnom them. Nay I one of tbem has
, tliml no such letters e?er came to bis
t lU ; and the other says, that a mes-
oni the secretary *8oflSce was the only
ever called at his house lor those
(•0it,
^ Mm to the printed examination of one Mr*
jfl lo this purpose, it were to be wished,
fttitleman^B reasons had been pub*
^<l* well as his accusation. For 1 am
t be will not pretend to say, that he
me write a line in his life, or give a
PtffjMiper of any kind lo sir Harry Goring' ;
wliit reason he cotdd bate for behe?ing
wr stilled a key for auch a correspon-
a very extraordinary : nor have the
iicfilani wliich he has afHrmed the
pdiatioQ of truth ; for J do solemnly
It I nefer aaw Sample in my life^ or
mn Bonln any mien letter of recom-
neither had 1 erer the honour of
to my lc»rd North and Grey, or of
ny waya known to bin lordsliip i and
[ tbould mention him so familiarly by the
ooa name of Johnson^ (and which of all
1 1 •bouhl never make use of in that man-
wiiL 1 hope, ap|iear very incredible to
lonislaiM; especially since Mr. Carryl
r nimiabcKl so good a reason for the
for it,
Ufm hm hw fikewiie affirmefl, that my exa-
! I U was read at Dr.
>r has, indeed, al-
rNit in 1 Hint {K>rat;* and Mr.
Tucker, who was all the while io companyJ
will, 1 am very sure, do the same* And sinew
Mr. Carryl appears to be &it plainly intstakea
in this particular, surely be may very well bd
siip|9osed to be so in all the rest; especially
since he has not assigned ibe least reason lor
any of them,
** As to the restof the intercepted letters, the
people of the several coffee-houses have like^
wise cleared me from them j and all (t'stifyj^
that they never delivered me any sueb It- lten$,
And I or received any directions from me abnntihem ;
' '- which I hope will be sufficient to convince your
lordships, that I was not concerned in any such
correspondence ; especially since no letters of
this kind were found in my possession, nor uny
other papers relating- to the conspiracy*
** There are two"^ other crimes, in w liich 1
most humbly crave your lordships' patieme to
be heard, because tb'ey arc the blackest ttiat
can be imagined, and seem to be personal. The
first is a letter directed to Mr* Gordon at
Boulogne, with two affidavits, which have fieen
printed, and are suf^g-ested to be sent by my
directions, in order to have him and one Bir-
mingham perjure themselves uponmv account:
for in this letter it is said, That the inclosed ii
a copy of a note from the person concerned,
with what he thinks requisite.
*' My lords; this letter is dated the €Oth
of March, at which time, and for five months
before, 1 never was allowed the use of pen, ink,
or paper, or the liberty of seeing any person
that could possibly have conreyed such a not#
offensive life, till the clamour was raised about
Altcrbury*s plot* Every loyal eye ^vas nn th«
watch for abettors or partakers of the horrid
conspiracy, and Dr. Valden, having some ac-
quaintance with tl»e bishop, and lieing familiarly
conversant f^iih Kelly bis secretary, fell under
suspicion, and was taken into custody.
**^ Upon his examination be was charged
with a dangerous correspondence with Kelly.
The correspondence he acknowledged ; but
maintained, that it bad no treasonable ten-
dency. His papers uere seized, but nothing
waji found that could fix a crime upon him, ex-
cept two words in his pocket-book, * thorough*
' paced doctrine/ This expression the imii^i*
nation of bis examiners bad impregnated witb
treason, and tlje doctor was enjoined to c xplaia
them. Thus pressed, he told them that th«
words had lain unheede<l in bis pocket-book
from the time of queen Anne, and that he was
ashamed to git e an account of them ; but tb«
truth was, that he had gratified bis curiosity
one day, by hearing Daniel Burgess in the pkiU|
pit, and thoie words wst a oiemorial bint of lA
remarkable sentenoei by which he warned hii
eongregation to beware of iborousfh- paced
doctrine, * that doctrine, which, coming in a|
* one ear, nnces through the bead, and goes out
* at the other.*
*^* Nothing more than this ap[iearing in his
papers, and no evidence arising against oita, hi
wai let at liberty.'* life of Yaldeci*
487J
9 GEORGE I. Proceedings against Bishop AUerbwy, [488
for me ; for 1 bare been ipiardeJ in a different
manaer from other [»eople in tlie Tower : my
warders were put into tiic very room with me,
and ordered ncTcr to slir a moment, night or day,
out of it ; w hicb orders they punctually obey ed^
and were constant witnesses to all my actions.
'< And those warders will depose, that they
believe it was impossible for me to have written
or sent out any such directions ; the officers, i
don't doubt, will do roe the saoie justice. And
when roy solicitor was admitted, finding^ that
Mr. Gordfon's affidavit might be of use, if al-
lowed as evidence, a person was immediately dis-
patched, .and who brought it in a different form
from those which have been printed. And my
solicitor can testify, that no draughts were sent
by him ; which, with the gross management
of the |iersons concerned in this affair, is, 1
Lope, sufficient to give your lordships the
clearest conviction ofmy innocence in it. And
I do solemnly affirm, that I never knew any
thing of them ; never heard of the name of
Aikenhead before ; nor can I find out any per-
son (besides the master of that vessel) that ever
did.
'< The other crime is set forth in oneLcvett's
deposition, in the Report made to this most
honourable House: wherein (among a great
many other most notorious falshoods) slie
swears that one Mrs. Barnes told her, that I
was instrumental in, or privy to, the shutting
up of a person in a dungeon, for fear of his turn-
ing informer ; and not only of him, but of 200
more upon the same account : which, I beliere,
IS <lie most surprizing crime that ever yet was
alleged against any Christian. Mrs. Barnes
denies every syllable of tliis conversation ; and
if the person that swears this against her had
been produced, she would be proved to your lord-
ships to have been a vile iufamous creature all her
life. And if she is to be believed, or that your
lordships can think it possible there can be the
least truth in her deposition, it will be a sin to
let me live, and impossible to find out a punish-
ment t(H} cruel for me.
*' These, my lords, are the chief crimes
which I am charged with ; and very great ones
they are, had they been in any degree made
out against me. I am a stranger to the me-
thods of legal proof, but have been told by
counsel, that the greater a person's crime is,
the clearer the evidence ought to be against
him ; and how weak and insufficieot the proofs
produced for this purpose are, and how clear
and convincing those which have been offered
in my justiticaiion, has, I hope, evidently ap-
peared to your lordshifM, and given you entire
convictioifof m v innocence ; and that all the
crimes allrgt.'d anrainst me, are without the least
colour or foundation of truth. But how much I
have suffered for these supposed crimes ; and
what extraordinary meaus have been made use
of against me, are tilings much worthier of year
lordships* judidai consideration. Tobetakea
up, and bdd to ezorUiuift boil, without
ngniog ujporticalvcriBo ogaiHl me: to
expence beam no proportioo to my ctrcum-
stances : to have numbers of people, and oomo
of them creatures of the meanest raoJt and ooa-
dition, taken up, examined, and tampered with,
upon my account ; and Newgate sent to for
witnesses : to have a servant (who was tdnicd
off for his ill behaviour) brought as ao e? idenoi^
and my moat btimate firieiMls imprisoood for
not swearing against me; are hardabipoiod
proceedings, I believe hitherto ankeard of io
England ; and such as 1 hope your UxdahiM
will, in your great wisdom and justice, think fit
to redress. All which is of a piece with on in-
famous offer made to myselt by one of the
under- secretaries of state, who the moraiog
after I was first examined, came to me with a
message (as he said) from one of bis saperiofSi
to let me know, * That I had now m very good
* opportunity of serving myself; and that he
* was sent to offer me my own conditieae,'
And when I declared myself an entire otnagfr
to the conspiracy, and was sorry to find tnt
noble lord have so base an opioiou of me^ he
seemed to wonder that I would neglect aogeod
an occasion of serving myself, * especially wha
■ I might have any thing I pleased to ask for.*
What authority that person had for hia misiigi^
or the rest of his afier-proceedinga, 1 will not
pretend to say : but as I have beoi ruined aad
utterly undone by them, I hope your lordshipa
will take my sufferings, aa well ae ctrcoa-
stances, into your consideration ; and iiuleBd
of inflicting any fkrther pains and penalties
look upon me (as I really am) a person highly
injured, and not a crimmal conoemed in aoy
transactioi^ against tlie government.
" As for my circumstanceay they are*bat
too well known in the world.
*' And here I cannot omit my gratitude la
the late and present constables of the Tower:
for the late constable (though I never had the
honour to see his lordship) was, upon a repre-
sentation of my circumstances, so very good,
as to procure me the promise .of an allowaoce
from the government : and his lordship, the
present, has been so kind as to get it paid. Baft
the officera of the place can testify, that thie
allowance lias not been converted to any private
use of mine, but coustantiy given lo the per-
sons appointed to attend me. And I must tsho
leave to assure your lordsliipa, that it has eoiC
me more since I was sent there, than the go-
vernment has now left me really worth ia ihi
world ; and I must suddenly beeome a OMxi-
fice to my necessities, if not set at liberty ky
your lonlsuips' great clemency and compoirij*
'* If 1 have dropped any expceasion wkick
may not be so agreeable to some particnht
persons in power, I could wish that ny de-
fence had not laid me under that DLUiiiiy>
and I do solemnly protest, that they haveHC
proceeded from any resentment lor my msSfh
uga ; but from a sincere endeavoor to giU
your lordships the dearea oonvictien oCl^
unooenoe. And since I ooukl not OMOt tMil
fefour, I shall alwaya
and olherSf /or a Treasombie Conspiracy.
A- D. 1725.
[490
of these proceed injjs,
jnop |>receitentji of this
icK have be^n slreaifjr
i^el, atid must besutj-
T \n ftnd jumUiciion of
' mbly : nti ussemWy 1
L'hest and most ho-
- ^^ ust iitu\ mciAt impartial
cftrtb ; mill whose Jiisticif has
ft9 exteufive us their power.
kwmkMt nod the only argtiment wiitch 1
■rd offiere^i fi»r the jttiiBinif of ihw Bill,
the <Kcosion is extrao^innry ; that
^itr tonktiTpK are in yoor Ipji^ifliliitive ca|i«city ;
mi llmti^i llie proofs tuny not be so le^l,
l9«vf ffr, ^ Ln terrorem/ it in necessary to ftaas
ft Qui I humbly beseech your tordshifis to
where the extraonfinarioess of this
r %it^ :— Has there been the least com-
HtfM in sfiy pftfl of the three kinfi^domsP
^mmf pcrsou injured in bis liberty or fortune,
laideB tbo4c who hare been so unhappy as
to fill itfifter this suspiefou ? Or is thi^ oeca*
•iii»Q iMir* exirtiordinsry th»n when there was a
fdUic imffifTcction in the kingdom f And wheu
lie penoim concerned in it, were tried by the
WWatm snd ordinary courts of jtisiice? And
lieii' lordships are te^te^l with a su-
fmt> V, and not lie^l up to the com-
mon : Uw, can that be a reasou for
L'cily contmrv to it? And to
bp yuur lnrd»hips capable of doing so,
4, 1 roust say, so lieeoming an argument
^ " * And
I oprnHl witb so mild,
nous a speech trtim the throne, end in
D PXtraordinrtry mjiniier, must surely
^ ccustrary to the de^ip-n and intention of
oii« at thai time ; anil is, I h'>pe, so
•* To whicli I shall only beg lea*e lo add
^Bf^bcen offered u[ion this oceasion,
^Iwiea senion, which opened with so
*^i\\
It y smce no inlerf enintr accidents
iiv* i to rnfHe the quiet and tranqud-
** My \ first extrflortlinary bill that
Ibhete 4 1 in Enj^land, was that of
iktsaH Qi >»Lrdiiurd»* and how much per*
IM pfrjndiec fvat tn his prosecution, and
iiiml tliat f* >' V (! in its consequences,
kl Dot ft}f ice the Royal Martyr
iii^.i^^MiM^ words, called it an
aiuf imputed all his misfbr-
it« And pray, my lonls, why was that
in^iifll, init because it was nnt sup-
hf lawf — Andt to the c-temal huuour of
llutiae 6« it said, that wlten the proofs
Ms trial were not found h jjal, they re-
1 IIP flod hrm |;utlty. But when this ex-
«iiir4ioary nirihod wm taken* and the torrent
'^le tisii«i hfire down their uiiuiJ ju<<tici% then
Bm^^pitm of oil thoiie mixcnt*** were
wliK'li I and sunk the
^BKhvliott ; ui rneof your nobJ«
irS hmi is-' ■■'':,;;
4frl«re in tti
J Wi^ WacmoCT torn man nunc uUo
\ tMb ill«fml fnK!e<*d i so fidi a sacri-
l^ittta tkifkufm and bi_ l-4 ,r country.
I
i Inn I
well
« tfv« Ills CaiMj, f oL 3, p. 13^2,
obserratkkti,
kfiowa to ihftl right reverend bench : — That
of all the prelates who advined his majestv lu
Ibe passinfr of that fatal Bill, not one of thetu
escaped tlie violence of those tery ucrsona
whom ihey eodearoured to oblige by that ad-
vice. These, my lords, were the tiuhappy
effects and fatal consequences of one extrior*
dinary Bill : and what thoM? of another may
prove, the great Director of all things only can
ibresee !
»♦ Many are the argfumenU which mf^ht ba
brought to shew the great injustice, as well ai
tnconveuiencjes, of the«:e laws in particular;
but as my liberty can be of no great moment
to the world, I stiall only beseech your lord-
ships, not ihrouijh me to give a wound to tha
constitution, which, perbapSi may not so easily
be cured. The g:reai characteristic which dis-
tinguishes Enjrfaiid from the rest of the ueigfa-
bouring nations, is, the excellency of our laws,
of which your lordships are the great ^ar«
dians : and if you sutler those laws to be broko
in upoUt ^nd render life or liberty so preca-
rious, as to be affectefl or taken away by every
idle hearsay, that excellency must FMKm disap^
pear, and the best form of government nowr
upon earth, consequeotly sink iuto anarchy
and confusion.
** My lords ; the words of my Bill are vary
sev'Te, and do not bear the least proportion to
the proofs which have been produced against
(DC: and I humbly hope, that my past suffer-
rns^s will be looked ufM)u as a sufficient pii«
nishment ; es|>ecially since it is not pretended,
that 1 have transgressed any law yet in being.
1 propose no great happiness in tdtis liiet auf]
would willingly avoid as much misery aa I
could: and roust therefore humbly beseech
your lonUhips, to look upon me aa a stranger
in your kinirtiom, and a person (as I really am)
inconsiderable in myself^ and, conaequeotly,
incapable of doing the least prejiidiee to any
government. For my behaviour, I am willing
(o give the best sureties that I am able : but if
that be not approved of, I hope your lordships
will give me leave to retire to some other part
of the world, where I may enjoy my poverty
with freedom. But, let my fate be what it
will, I !>.h«ll ever pray fur your lordships* parti*
eulnr welfare, a'i well aa the general prosperity
of the kingdoni.
*^ And so resign myself with the utmost hn*
milityr to your lord shins* great clemency, jus«
tice, and eomptitioa.**
4
PnocefiDiNGs AS TO Atterburv.
In the House of Lonls, on April 5, 1725, a
Petition of Francis bii^hop o* Uochester, pri-
soner iu the Town, wnn prtseutctl lo ili*^ House,
and rend ; setting foith, *• That on Thursday
tho 4th iuwt. alH>ut iUrt'^ o'clock in the after-
noon, colonel Williinnkon, defuily lieutenant of
the Tower, attended by Mr, Scrjeaoli ibe gen*
ilcman ^ortcrtTAnd by two wv4f
I
491]
d GEORGE I. Proeeediugi Mgainit Bishop Aiterhry^ [49t
tbe petitioner's room, while he was at dioiier ;
and, hiFiDg put his two servants under the
custody of warders below, told the petitioner,
He raust search him. The petitioner asked him
for bis warrant. He answered. He had au-
thority from the ministry ; affirming it u|M>n
bis salvation ; but tlie petitioner refused to be
searched till be shewed it. He then said, He
had a verbal order ; but refused to say from
whom. The petitioner told him. If it were
rerbal only, it did not appear to him, and he
would not be searched. He endeavoured ne-
▼ertheless to search the petitioner's pockets
himself by force ; but the petitioner wrapped
his mornings gown about him, and would not
suffer him till be shewed bis warrant ; which
the petitioner demanded five or six times to no
purpose. He then ordered the two warders
attending to come to the petitioner, and do their
duty ; and one of them laid hands upon him,
and began to use violence ; and though the
petitioner knocked and called of\en for his ser-
▼ants, colonel Williamson Raid, They should
not, nor were they permitte<l to come near him.
Upon this, the petitioner submitted ; and they
took every thing out of his pockets, and search-
ed his bureau and desk, and carried away with
them two seals. They seized also a paper in
the petitioner's nocket ; but that beio^ a letter
to his solicitor, about the managing of his cause,
which the petitioner thought they could have
no pretence to seize, while he was under the
protection of parliament ; he took it again from
them, and tore it ; but they carried a part of it
along with them. They searched also his two
servants below, and took away a seal from one
of them ; and those servants likewise demanded
their warrant, but they had none to produce.
Tbe petitioner therefore, as a lord of parlia-
ment, though under confinement, humbly
prays, that their lordships would be pleased to
take these matters into serious consideration,
and grant him such relief and protection as
their lordships shall judge proper, against such
unprecedented, illegal, and insolent usage."
And thereupon a motion was made, and the
anestion was put, *' That colonel Williamson,
le deputy lieutenant of the Tower of London,
Mr. Seijeant, the gentleman porter there, the
two warders who attended colonel Williamson
Yesterday in the apartment of the bishop of
Rochester, prisoner in the Tower of London,
and the two servants of the said bishop attend-
ing his lordship, do attend at the bar of this
House immediately, to give an account of the
matters mentioned in the said Petition."—- It
was resolved in the negative.
** Dissentient,
'< 1st, Because the petitioner, as a lord of
parliament and member of this House, though
DO peer of the realm, hath an unquestionable
right, under all circumstances, to the justice
and protection of this House, against anjr per-
sons whatsoever, who, durioff th» sitting €f
parliament, commit anv Ml of viotaiien to Ilii
jenMorpR^perty, whidi tUi Hmn a^ H
judge to be a breach of hisjiriTilego ; and there-
fore, as we conceive, the facts ikged in the
Petition, if the same are true, and no tcoonnC
given of them bv the persons oonoemed to the
satisfaction of this Honse, are an anwmrrant*
able attempt upon a member of this Uouae.
We think tliat, injustice to the petitkioer, end
to the hononr and privileges of this House^
there oug^t to have been an immediate and ia^
partial examination by this House, of tlie per-
sons concerned ; we finding no instance on llit
Journals of this House, where any member of
the House has complained, by petition or otfier*
wise, of the least violence or injury to his per-
son, during the time of privilege, whereon the
House hath not ordered an ezaminatiun of the
facts so complained of.
*' Sdly, Because it appears to ns, that, thtf
petitioner bein^ under imprisonment, and a Bill
depending agamst him in the House of Csn*
mons; that House, having allowed biro the-
benefit of counsel and soUciton for makinjf Us
defence, were proceeding against the petiiionsr
on that Bill, in all probabilitv, at the very tins
the matters complained of were tranndeii
and as that Bill may soon come under the cm-
sideration and judgment of this House, the sat-
ing the petitioner's letter to his solicitor, or say
thing which may concern his defence, we art
of opinion, ought to have been examined inisi
it being, as we conceive, against the mlei i
natural justice, the laws of all nations, asi
the fundamental and known laws of this rsahii
that any papers, or other things, in the Isin
ful possession of the person so aocosed, siri
which may relate to his defence, should be for* <
cibly wrested from him ; or that any puissi
and more especially a loni of parliament, beiii|>
under imprisonment, and accusation for hifh*
treason, should, by terror or other violence,^
without just cause, in any degree, disturbed is,
or disabled from, making his defence.
" Srdly, Because the refusing to enter inls'
the examination of tlie matters complained d
by the Petition may, in our opinions, be esa*
strued to be a justification of the prooeediagS
therein alleged, even though there was not S
reasonable occasion for the same ; and it boag
suggested in the Petition, * That the depu^
lieutenant of the Tower did affirm to the pel^ m
tinner, upon his salvation, that he had a veibsl |
order from the ministry, though he refused !• |
say from whom, and not pretending that wb^ '
he did was by his own authority ;* we are «■ f|
opinion, that it was of the greatest consequence
to the honour of his majesty's government, tb^ ,4
this House should have examined into this pro* .
eeeding ; and the rather, because weeowii**,;
it to l^ of the highest importance to tbe fltf* -
and impartial administration of jnstice, tbf^
this Honse should, on all occasions, disoaur
tenance all appearances of force, espeoafly *
a lord of psiniament, iaprisnpfid mi utm
ofbigh-treaaon.
i
r utlKrt,Ji)r It Trcatnnahle Conspiracy.
A. D. 17«.
r®4
it may prnre an encounge-
! y-^'v, if noi further abuses,
this IFousk^t ill futuie
Jale, LvU'ii field, Cow*
_ l« y, Butluii^ti Foley,
^, JIrU burn bam, Gmlford,
i« ihe Bill (o irtfliot m'wt ami
oncift lord bi^^bop of Kocbfi^teT
ip from the Coroiuoiis to tbe
tend ai fir»t time. On the ntM
ip*t Feriiion* counsel und toll*
leil tu litru, with freetloiii of
m pvifjxie. Aud then a
'luticis lortJ hTsho|i of Ku-
nth, ^^ TInit ttiere are divers
'e their lordtihips^ by ibe Houie
lupportt' ' inat the
e Bill 1 md pe-
i; anil b.^v.u.ui iMt>»e papers
1 cypher, which tniy require a
rclion ;'* and prayintf^ '"That
iiue cotivcniaU timfi hefort? the
of ihe said Billf allowed^ to iii-
kid pa|H!r3, by hi* counsel or soli-
r pre^rnce of proper *>fficerJt,*' was
tie Ituuse, aacf read. — And or-
ated*
fs and Mr* Wearg^ having
irc of the Bill, and the evidence
|!i*g'ationsiu I be preamble thereof,
^-oduce auch evidence, among
IVred an e.xtiact of a letter from
pb In lord Cartertt, dated ** Paris,
|99, \\ 8,*' and a translation of a
in sir Luke Srbaub's letter to
I tu prore tlia conspiracy in ^e-
] ifi Uie fimt pan of ibe preamble
l^op of Rochester and hU counsel
^adui^ the said ejrtract, or
trs whatsoever.
aik «*That the Bishop be
» did inj^ivi that the extract of
ur Luke S' haob| and the ea*
tbutild not he read ? nod if so,
ttatt: hi« objtctioQ or objections
m\ dianceltor acquainted bim
1 *^ that be and bit eounsel were
itiuy objection he aboutd a tate
act.*'
bop iDd hif QOiinsel were beard
Hion tf this Houte, of tho $6tb
'|4b*> casip nf John Phinkelt, re-
^lacitfof hittrm to
rsl. wn9 rrmL
iind the (piiMiifm was
l<^fl*<»red, bytbc coiiiitipt
Hchftub
?'^— It
, and iJie qitcttioo
ncloatd in the
lib be read,
tbiyng-b this House be nrvt tequainted with tba
name (if ' ko who g^ave that advice f* — ^||
was rr I >e affirmative,
** Disst^^nuriw,— 8trnflbrd, Craven, Salisbury,
Ofborne, Northampton, Scarsdale, Ajh^-
lord, Gower, Faulett, Fran. Ce&tiieii)»\
JVlaRbam, Anglesey, Cow per, Brooke,
LitchfieUl, Bruce,'^ Denbigh, Guilford,
Dartmouth, Trevor, Foley, Ejccter, Mcinl*
joy, \Viiloug:hby de Broke, Weston, Car-
dn,ran, Comptoa, Bindley, Ashburuham|
Hetkeley of S!)lratlon/'
The couttsel for the Bit! offered in evldenct
the copy of a letter, dii-ected *♦ To Mr, Duuu
ville, an attorney/' enclosed in a letter^ i\U
i-ecM ** To Mr, Thomna Wiimore, at 3rr.
Stokoe*!, a bookseller, at Charrng-cross, April
27 ;'* with the enclosed, beingr n copy uf [
O— — *8 letter to L , dated, April 27.
And llic Bisho't and his counsel objrctinpf ta
Ihe reading the said letters, part of them beu*^
vvirtcn ill cypher, aud the decyphering^ inter*
lined :
A motion was made, ** That the letterA
written in cypher and Bwom by two decy-
pberers to be truly decyphcred, may be read.** '
Aud a question being^stated thereupon :
These worils were proposed to be added |, '
viz, *' without giving the prisoner an oppor-
tunity to make proof, of bis part, how tbej. '
oujjht to be decypbered.'**
The question was put, " Whether those
tvotds shall be made part of the question,*' It '
was resolved in the negative.
Then the question \\&s put, ** Whether th# '
letters written in cypher, and sworn by two du-
cypherers to he iriily decyphercd, s!iall be noif I
read,** — It was resolved in the affirmative. '
Then Peter Thouvois wds examined, upon, ]
oath, to (irove the said letters to be true copies [
of the originala, which were stopped at th«.j
post ofHce, and copied, and sent fotward as dk
rcctetl
And Edward Willes, clerk, was sworn, and ^
examined, to prove the ssid letters truly de*
cyphered, ,1
And admitting upon his examination, ** tbafl
hediduKettf , , i he saul letters;*' I
And the I iiittiiliiii;, "that
the said Mi\ w un-s ^uKiuii piotlucelbetiame j**
Aud the said Mi\ ^Villes submitting it to lh«
House, whether he should he obliged so to do :
A tnotiou was made, and the question wa»i
put, *» That Edward UUlles be obliged to iiro- '^
duce his key of the cypher f* — ^It was re$olfal«l
in the negative. »r
♦* Disijenticnt. — Northampton, Salisbury,.
Htrafford, Scarsdale, Frao. Cestriena', 1
Fouleti, Cowper, Cardigan* Bruce^i
WhttrtoD, Brooke, Ayleiitord, Trevor J
fiuiUord, Cower, Clifford aud IVIurliuierij
Mawham, Foley, Aotrl^^v, LU«h(klij/
Eiceter, Uartmmilli. Monrjoy, Oihorn«
Berkeley of Straitoii, We«loo, Wili
loitghby dc Broke, Binghty, Comptori,
Denbigh, A^hbufahami Cravan/'
495]
9 GEORGE L Proceedings against Bishop Atterbunff.
On May 6, the day appointad for haaring:
. counsel and witnesses upon the Bill, and for
reading the same a second time, the Bishop
was brought to the bar.
The counsel for the Bill oflTered in eridence
the examination of Philip Neynoe, since de-
ceased, before some of the lords of the council.
And an objection being made to the reading
thereof, and some proofs being heard concern-
ing the same :
Tlie Bishop asked, << Whether enquiry was
made of Ney uoe, or if he ga?e any satiisfaction
to the lortls of the council, touching the fact ai-
leged in the said examination, that Mr. Henry
Watson, who he, Neynoe, supposes to have
been the earl Mareschal, was in England all
the spring before ; and that he lay with him
■ereral nights."
And insisting, " That he should have liberty
to ask the said question, before the reading the
said examination :*'
And the Bishop's counsel being heard
thereto :
They were ordered to withdraw, and the Bi-
fhop to be taken from the bar.
And being withdrawn :
After debate ;
The question was put, <* Whether the bishop
of Rochester be at liberty to ask the said ques-
tion, before the reading the examination of
Philip Neynoe,'*— It was resolved in the ne-
gative.
Then the counsel were called in again.
And the Bishop was brought to the bar, and
acquainted with the said Resolution.
And the counsel for the Bill desiring " That
the examination of Philip Neynoe might be
read:"
And the same being opposed by the bishop
and his counsel :
The question was put, " Whether the exa-
mination of Philip Neynoe, since deceased,
shall be read,*' — It was resolved in the affir-
mative.
And the same was read accordingly.
Peter Thouvois was examined, touchinsfthe
copies of three letters stopped at the post-office ;
the first directeil to Chi vers, dated April 90,
1792, sulwcribed •'T. Jones;" the second to
Musgrave, dated April 20, 1792, under cover,
**To Mr. Gordon the son, banker at Boulogne,"
subscribed <' T. Illington ;*' the thinl to Mr.
Jackson, under the cover of ** Mr. Gordon le
ils, banquier ^ Boulogne sur Mer," dated April
90, 1799, and subscribed ** R;" which were
copied, and sent forward as directed : and at-
tested the same were true copies, except such
words as were wrote over the figures.
And being asked, ** If he had an order to
stop and open those particular letters, or a ge-
neral order to open all letters in such a hand ?*'
And the clauses concerning opening of let-
ters, in the Act 9 Anna Regime, entitM, *' An
Act for establishing a general post-office for all
ker miyestjr's dommions,*' being read :
The Bishop asked the said Mr. ThoQTois,
<< If he bad any express warranty under the
band of one of the nrindpal secretari
for opening the said letters ?" — Aflei
This question was stated, '* Tha
opinion of this House, that it is ii
with the public safety, as well aa u
for the prisoner's defence, to suflTer i
enquiry to be made, upon thia occ
tbe warrants which have been g:ran
secretaries of state, for the stopping
ing letters which should come or go t
or into the methods that have bee
the proper officers at the post-offio
ence to such wahvnts."
And it being moved, "To leav<
words, ' as well as unnecessary fo
* soner's defence:* **
After debate;
"The question was pnt, " Whet
words shall stand part of the quest
was resolved in the affirmative.
Then the questiou was put, << Tli
opinion of this House, that it is ii
with the public safety, as well as uc
for the prisoner's defence, to sufier a
enquiry to be made, upon this occt
tbe warrants which have been gfanl
secretaries of state, for the stopping :
ing of letters which should come or
post, or into the methods that have b
by the proper officers at tbe post-offi
dience to such warrauts,'* — It was re
the affirmative.
** Dissentient.
" 1st, We humbly apprehend that
minal prosecutions, the cross exai
witnesses is necessary for the defci
prisoner, and for the satisfaction of I
are to judge of tlie facts alleged ag;
in order to the discoveringof truth, a
ing any fraudulent evidence which i
oiiered ; and the Uesolutiou above re<
in our opinions, tiebar the bishop of |i
and every other person concerned, fn
any questions of the clerks of tbe p
who are brought as witnesses to the t
ing to the stopping and opening of pc
though letters pretended to be stn
opened at the post-office are read as
against the prisoner ; and we conceiv
preventing any further enquiry on tb
must lay this House under great di
when tlicy come to form a judgment
letters, the validity of which will ii:
measure depend ou the proof givci
having been truly stopped and openc
scrted.
*' 9ndlv, We apprehend it to be ii
for this flouse to determine that th(
which is desired i« unnecessary to tlu
of the prisoner, lill he shall come to r
application ; and we conceive be sho
the liberty of askintf wlint questions I
counsel think proper, of the clerks of
office, relating to the stopping and of
letters, without acquainting the Honae
he ioteiub to make of their aimreift-
Hi
mB li Oi l» be bjf Hly rewoDtble, rs6enitat
Wim^nA ftmrraiilpd by the methods which
bu ttithfrk) tilfoweJ the couusel iot
oi^the Bill to |>rocve»l in* w ho have^
\m whole fxmmc af this exuminivlioii,
fiim^ «Im appHcstioti of' the eYidetice they
'^rrfd, till they shuuld jniJtff convenient
it.^^CAfuilale, Norlhainplon^ FoulHt,
AnfploK^y, Foley, Oaven, Bftthtirut, Aah-
burohiLEiif illasimin, Litchtk't<1, Bruce,
tfAbiliigC. El^trr^ Coruptniij Gtower,
•t Bill^y, Hay, Moutjoy, Aylcs-
f *■:■"* T"'" ^^ ^<>n»r» Fran. Cea-
vor, VVeHtlm.^Strtt^•
Unbigli/'
A. D- vm.
Willetj clerk, was cicatntnei! upon
Im j^rme the true decypberitig of three
ni,iliM April 90, 17^3, 6ubsenb«d "T.
•»•* •• X HliD^n/*and *« R ,*'
hi bli^irABkedby the Bishop, ** Whether
* te ill dec! are certainiy J that any n urn-
fbr a Dtme beginning with any par-
Ml«r, unless the iminetliate preceding
laiflit<fiate subseqiiffTit Diimtier uppears tu
a tiaiTjep or word?, beginnitig^ with the
\ < ssini^ an UQwillin^nets to nittwer
fe, iliH^laring-, " That it would lend to
i*ry of his art, and to iustrnct ill-
ciirn to contrive more difficult cy-
t:" '
heqnestiofi tvim m.t, "Whether the «nid
Ibn aai< Willra hy the Bifshop
ittf biragtt ^ i.jm/* — It wa« n^solved
ttocsftljre*
beOonnMl were called in agnin ; and the
Nfo m%M brought to the bur, and acquainted
I tiie Wf\ Re^ltttron.
id ibc 1" fVisiiog- to put several
ti<m« lu M ^ relating' to the method
I yplunng :
" 'I'hat the Houie ahould
!» Thai it if the opinioo
mi cooiiileiit with the
decyphercnr an y qocs^
to discover the" art or
V hereupon ptil ; it was
1 for Oie Bill ofTerinir the said let-
i:
tiie Bill obj*>ctmg*
prt»vetJ that the
n^ lu, or directed
se Kelly :
lOAci tot ibc Bill fllleg-injf^ "That
rrd thi*in to jiroTethe cctiiapiracy
v^itd^ Mpply them
.cf :**
iipon the i|ne«tion, That the
^ ».-^ read,
m Ikie ceotiatl for the Bill dcclar.
%a4 ^oni? throtiff h their t^idencc,
bof f f9 whofe f Irction if was leO,
XVt
cbooaing not to bt|riQ iiis defence at this tintcV
IMber prooecdings wer€ deferred till tba!
morrow.
On May 9iht his 1ordshtp'scounaelbein|f acf*-
auaioted that they ahuuld now procet-d in hivj
cfeocf, they deairtd, ** That the rounsiel for]
the Bill might firat npply the evidence ihejTf
had produced in a particular manner; or jti
leaiit, if that'should not he lltought proper, lli
then tkie House would declare, in caiie thol
counsel for the Bill should in th^ir t< ; ' ' 6
any pariiculiir npfdicntion of tl»eir rv )
eiiibri'e it further than they hud yet dum-, «h:ii
tfaeo they uvlght be beard a second time, hfi
way of rejiiififler.'*
Which be ing objected to by the cminsej for
the Bill; tlw'y haViog in gentsral opi-ned the
application of tl^ evidence they hnd offpie<l :
The Bishop requested, " That the s^nse of
the House might he kuown, as to the desire
above- mentioned.*'
And after debate in relation to his said re* i
quests it was agreed, to call in the ooDDsel and J
the Bishop ^ and that his connsel should bedn]
reeled now to proceed iu making his defence.
And they being again called in :
8ir Cou^antitie Fhipps and iUr. Wynne J
were beard in behalf of th« bishop of Ito* ]
cheater.
Hk Oftistaniine Pftipp*. My lords; By th« j
appointment of thin lionourahlc HtiUf^e I bai^ j
Ine honour to attend your lordships, as counrtell
for the reverend prelate, the untortunale prt^l
soner at the bar : and persuade myself it wil|l
not be difficult to defend his lordship fmrn thel
heavy pains and peualiies of this Bill; &inoa]
the counsel for it confess that it is supported {
only by circumstantial evidence.
Bills passing into laws for taking away men*« 1
liberties and estates by circumstancf s only, arM
new. Convictions by circumslnncee trere ne«f
ver heurd of in ages past; atid I hope wtll ne-1
f er be known in this, or any which is to come jl
and though one of the gentlemen sciid, tha||
circumstantial evidence is sufficient at this time I
of day, I hope, the law is the same at tins time 4
of day, at ever ; and thattht lives and fortun*?»J
of Ea^^lbh aubjecta will be as well protected ]
and dcleiidetl by yoor lordships, as they were
by youT predcceAwrs*
The securities which the laxvs havi
for our liberties and estates, and tb«r
that we cannot be deprived of them but by ttiH I
and legal proof, are adfantages which were J
obtained at great expence of bloo^l and treasure,
by your lordships' iMible ancestors: nnd we]
douot not but >oa will transmit them t4>
terity, as entire as they have been continuedl
down to your lordships. 1
The law is the rule of men*fi actions ; ntnll
persons accused as criminals for (acu oora«b|
mitted hy th^n, ought t(i he tried by the I«ia
that were in force at the time of the facts com*]
milted, ' secundum allegata et ptt:rb;aa/ But |
laws made * ex post facto/ to punitih men for <
facU which were not offence* when they wcrt
9 GEORGE I. Proceedings againti BUliop AUerhtr^f JlOO
committed, render all thingi that are dear to
Eniflishmen precarious; and for that reason
have been as often condemned, as they have
been made.
The charge apdnst the Bishop and Mr.
Kelly are so interwoven, that 1 )Seg you will
excuse me, if in my vindication of him, I um
any tbinff, which I offered in behalf of Mr.
Kelly, when I had the honour to attend your
lordships as his counsel : but I shall take care
to repeat no more than is necessary.
My lords ; I am very far from denying or
contesting', the power of paiiiaments as to Bills
of Attainder ; but J hope 1 may have leave to
observe, that such a power hath been very
rarely exerted, unless upon extraordinary oc-
casions, and in cases of necessity. I hope too
I may be permitted to shew, that the case of
my Lord Bishop is not within either of those
He never withdrew himself out of the king-
dom ; never fled from justice, but was always
amenable and forth-coming, ready to bo tried
according to the usual and ordinary methods of
justice. And the attainders of Mortimer, and
the earl of Arundel, in Edward 3'stime, of sir
Thomas Haxey in Richard 2*8 time, and others
afterwards, were reversed, because the persons
accused were forth -coming, and might have
been brought to a trial according to the usual
course of justice. Wherefore I hope tlie same
reasons which prevailed with those parliaments
to reverse those attainders, will have weight
enough with your lordships to prevent this
Bill's passing into a law.
The parliament at the Restoration, did not
think fit to interpose their legislative aiithoritv
even in ihe case of the Regicides,* but left
such of them as were alive, and turth-coming,
to the ordinary methodM of justice, and gave
them a fair trial for their lives and estates.
The only remarkable Bill of Attainder, which
bath been in in some ages(exceptof such as
were in actual rebellion, or fled from justice)
was that of sir John Fenwick. I own 1 men-
tioned this case on bi^lialf of Mr. Kelly ; and
it being a case so material for my Lord Bi-
shop's defence, I cannot injustice to his lord-
ship omit making some observations upon it :
from which it will appear, that the reasons
given for passing that Bill are the strongest ar-
guments in the world against this.
The preamble of sir John Fenwick's-f attain-
der shewed the necessity of it : for tlic pre-
amble sets forth. That sir John Feiiwick was,
upon the oaths of George Porter, and Cardel
Goodman, indicted of high treason : that he
obtains I his m^esty's favour to have his trial
delay e«l from time to time, upon his reiieated
promises of making an ingenuous and full con-
fession : that several times were appointed for
his trial ; at one of which he had been actually
tried, had it not been for the expectation of the
diseoveries so often promised : tbst since the
times appointed for his trial, Cardel t
one of the witnesses, was witbdrawii, wo thU
he could not be had to give evidenoe. And il
appeared upon the trial, that Porter had ban
tampered with, and had SOOl. pakl hifli* mt
200i. more promised him, to go bayond m.
This mada the presumptioa Tory ttrong^ '^ '
^ ' ifatrjr
Goodman was sent away by some of air •
frieods. So that there was an indit
against him ; two witnesses were iwom i
it, and proved the treason ; and be |
from time to time to make disooveriea.
fiath my Lord Bishop been indided? Hath
there been any oath made a^nst bim F Did
he ever impose upon his ma|esty or the Hiinii
try, by promising to make any dinoovfiyf
liath be sent away any one that waa witoH
against bim ? Since these circumstances vat
thought necessary by the parliament at thU
time to induce them to pass that act ; and lbs
present case is not attended with any ana tf
these circumstances; this, we homlHy cm*
ceive, is a reason why your lordships shsdl
not pass this Bill.
The greater the offence is of which any fth
son is accuse<l, the plainer and dearer Iht
proof ought to he : and my lord Coke in hisflh
Institute, page 37, (wliich I mentioned Iht
other dav)9 speaking of the attainder of Oiwh
well, earl of Essex, by parliament, says; "Hi
more high aud absolute the jurisdiction of it
Court is, the more just aud honourable itoa^
to be in its proceedings, to give example efjt^
tice to inferior courts."
The offeuce charged on my Lord Diihifb
of the highest nature ; and this jorisdietioaths
most high and absolute: therefore the prs-
ceedingti, without doubt, ought to be the iial
just and honourable.
The punishment inflicted by this BiDistbl
greatest that can be, next to death itadf: fiv
what can be worse, than for a reverend pfdall
of such advanced years, and of so iaflnn s
body, to he banisheil into another
and be forced to seek his bread in
places ?
The punishment is still much severer lo fcil
lordship, who hath save<l nothing to >nMH(
himself; for. his eminent hospitality, and bii
* See their Case, vol. 5, p. 947.
t See bis Case, voL 19, p. 697.
extensive charity, though they have
prepared him to live in another world, yet hsM
disabled him from subsisting in another ooaatiyi
there he will himself want that charity, whini
he so liberally bestowed upon othen, and BMrt
beg upon his crutches or starve.
As to the evidence offered against his Isrd*
ship, I humbly apprehend the proof would a^
be sufficient at law to support an indictment fc'
the lowest misdemeanor. And will yourk"^
ships, in your great wisdom and justice, c
vict a lord of parliament, a lucmber of J
own body, and subject liiin to such severs .
nishment, upon evidence that al law woaM
he sufficient to con virt tlie i "j— -
the most minute trespass f
Hiia, I hunibly appreband^
the CHt • -'
olher»fJbr n Treasonable Conipirttcy.
dw cfMence to mpp«rt it, ha
A. D. n«».
[509
tcs, <* Tbat lliere wna n *le-
il coufipiraoy for irnsditjg his
Iplfiftis uith foreign forces; ibr
liioo ; for iietzing ihe Tower and
nmJ far ikying' violent bands
y*s mf»st sacred iier^oD^ and
TftwCT and tke cily,
I'ioiiihekin^jrand prince;
es is chBr»»'ed ur»on my
\ the fiharge ajjainst nis lorrf-
hftlh been dt-f jdv concerned
tif.-v ..»,» r}»rr)iri|*^ on, the
iiacy, t>y traitor*
^.i . . u_,,ondiii^ Willi divers
un tnsiirreciion uitliia this
I to procure foreiun iorcCK t*> invade
pom ; and intendmicr to raise a ve>
^iHe time ot tiic ele^tioni \ and ivhen
nt li> Hanover ; and at the breakings
imp.*'
lie fimt, v\z. the st^ndingf for foreiflrfi
ibc Bishop is not charg^'ed whh bping
le ftn V one of the thi^ee meinonals: for
|09 aa? «, he wrote thenn, and they were
i»dlo him by Kelly and Watson, whom
1 to be ll*e earl Murmlml,
,1. ...,,. ^,(- rgijjinj^ a rebi.^llion at the
|l is» it i^ founded on a letter,
.>, ..., J directed lo Mr Jackson;
llr|iort aayii, the coininittee have
I tft lielieve was from the bishop of
» the Fi^li-rjder.
rtayt, ** NotMriihataiidinfir ibia op-
«eil, I agree with you^ another
the end of the year" And
made upon it, is, that tt wag
I of April, when moat of the elec-
8i consequently the oppor-
' SOlh of April is supjiosetl to
the Prei^ndtT at Rome. It «up-
f to the Pretender had beto wrote,
\ that an op]H>rtunity wa» elapsed
and that un »ni4wer bad been
feUcr hy the Preteniler> that an-
bcfone the end oi the year j
Wat least two months before the
ettrr ; and that wai before the eleo-
begun,
fjaitinif ft rebelUott, when the king'
"lamivrr ; it ia inferred from dark
Inters of the §Oih of Way, ni%
r May, O. H. and 10th of May, O, S.
I itid to bate pa««»fd betweeo Dillon.
and Kelly. And by com*
Mj^, you will oltaerve what
» h for such ft cbftfgie.
If llM gth or May. O* 8. 30th
tnppoiod to be Dillon's te-
» Baker, aoppoaed to bo Kelly,
\\%u\U t^r.% Krnu^ht an addition
♦ Lome from Rep-
^ J ri to s««f what is
ibc purobaae abo iitcodf to
le'ferof the 10th of May,0, S. HaU
6eld, who is supposctl to l>e Kelly, urlt4» to,
Howell, who JH jiiippofi^d to be Dilton'f secretary ,
** That the king- inteinU to aet out early next
month ; if ihey could then com(»a^§ barr«li
enou|^'h ; the sooner the wine Cfln»*'«, the l>etter ;
Jones promises to he a ^ood cusinmer/'
From hence, and from ubat Piinrier said^l
8k^n told him, it wa& iu^inoHtcd, thut ^rreat^
foreiiiyn forces were to t>c brought in for tha
Preteoder ; that great sums of money wen
contributed iii^r that purpose ; and ihot t
sums wf re under the management of tjie bu^hopl
of Hoi'he>^ter ; and all this, because Quitwelld
tells Baker, if tbe last po<^t dlil not bring oar
addition of three to six, Mrs. Jones may seo
what is 6till wanting for the purchase she in-
tends (0 make.
Now suppose, by Quitwetl and Howdl arc.
meant Dtlloo*s secretary ; and by Baker and
Hatfield, Kelly is intended ; and suppose, that'
by the addition of thrre to six is meant a re-
mittance of money ; ky ' w ine' are meant<
* soldiers \* and by Mrs. Jones is meant my
lord bishop of Rochester: Yet can what;
Ddlon'a secretary writes to Kelly, or what'j
Kelly writes to Dillon's secretary, alfect tboJ
bishop of Rochester? If it cnn'itia in tho
power of any two men, one residing here« and
the other l»eyond sea, to take away the life of
any man breathing. But siippOBO we can
make it appear, as most certainly we shall, that
by Mrs. Jones cannot be meant tbe Bishop ;>
tbrn what becomes of this part of the charge f-
The UP xt thing to support this charge is, »«
passage in an extract of a letter dated cTie tirtii
of M'Ay^ written from Qoituell to Jatnoft
Baker J in which it ia said, ** tbat Mrs. Jone«-
cannot take a better lime to have himself
tittetl with an easy sad die »" &c. If an eitract
of a letter can be of any wt^itvbt, and the con*
struction put upon it is to be allowed ; then the
Bishop is turned general » or at least a coloneL
For hy Neyuoc^^ io formation and PlunkeU'i>
cypher, * saddlers and middles' are ' Irish sol<
dSers and regiments :* fck> the Bishop is repre-
sented as undertaking to raise a regiment of
tri&h soldiers, and to mount on horseback hioi*
self to command thenu
Aa to the third thing chnrged^ which was to
raise a rebellion at ihe bieakmi; up of tho
camp ; there is no pretence of evidence. 8o
that, upon the whole, ttiere does not appear to
be any preteuce for that p»rt of tlie preamble
10 the Bill, which cbargctU the Biuiop witb
having been «* deeply concerned to formings
direetmg, and carrying on the conspiracy *'
The nest thing charged agftiuat hiii lordship
ia, that be waa *^ concerned in a coirri^pon-
dence abroad, and tome transactions at home
for bringing in tbe Pretender/'
Now as to this, i would obi^erve, that there
ia not one witness ttgainiit his hirdj^bip of uny
criminal act ; that though »ll hia paper* hare
been seised, yet there appears not any letter or
paper, under hia hand, of a criminal nature ;
nor uty letter proved u be writteo of leceired
603J
9 GEORGE I. ProeetdiMgs agaimi Biskcf AiUrhnrj^ \fKik
usMi .foinea me wrd peraons oi
and lionoDr ; vet I presume to
prolcsaion in the liw, as well ai
has ffifea me such a sease of mv
by biro, which is criminal : neither is there aav
charge of anv meetinir or consultation witk
any persons lor carrying on this conspiracy.
Indeed he is mentaoued aa a member of a club,
called the BuHbrd-club, of which the earl of
Orrery was said to he chairman ; which dob
(as I apprehend) was ne? er heard of till Layer'a
trial. This accusation I know to be false;
and never met with any one that beliered it :
therefore shall not trouble your lordships with
any further observstions upon it than, just to
take notice, that though he who made the list
balh ,ioined me with persons of great 4|nality
o say that my
as my religion,
I given me such a sense of my duty, that no
persons whatsoever are great enough to draw
me into a plot against bis majesty and the
gOTemmeot.
I beg leave to observe that this charge is
founded partly upon the hearsay of Fancier and
Neynoe, and partly u|N>n the three letters dated
the SOth of April, 1739.
As to the hearsay- evidence ; Fancier de-
poseth. That Skeen told him, that the bishop
of Rochester and lord North and Grey had the
principal direction of the conspiracy; that
S00,000/. had been raised by oontribution, and
was put into the management of the Bishop ;
and that it was calle<l the military chest. Now
can this be evidence in an indictment or action,
ibr the most minute trespass, or in any case P
can it be imagined, that so much money could
be raised among the Jacobites P or that such a
sum could be raised, and not one contributor
discovered P can it be imagined that such a
Bum should be entrusted with one man P Or
that my Lord Bishop would be that man, who
would have the care and trouble, and run the
hazard, of such a sum P To which it may be
added, tUalHkeene, the only person living, who
by an^ |»erson living is said to have said this, is
uuw ni cuKtody, ready to be examined upon
oatli, and denies every word of it.
As to Neynoe's examinations, bespeaks only
what Kelly told him ; and can what Kelly told
him affect the Bishop p Besides, none of his
examinations are ufion oath, or so much aa
aigued by him ; (whereas the examination of
Goodman, tliat was given in evidence against
sir John Fenwiok, was upon oath :) all of them
appear to be tiken after he was in custody,
under great appreheosidns and terrors; nay,
it appeam that oue of them was taken the day
before he drowned himself: and moreover,
that only one of tliem was read, which wss ex-
tracted out of three examinatiiNM, marknl A,
fi, C, and said to oonuin the substance. We
desire all the three examinations may be pro-
duced and read ; and then it will appear, who*
ther that oue contains the whole suostance ; or
whether there be uatsome things very material
omitted : and it will likewise appear, that there
are such inconsistenoiea in them, aa will take
off their credit. For in one place he says, be
aaw Kelly make-use of tlweyphers) and that
K«lly owMd with gmt a«adaM tiMf
carrying on a oomspondaoca with tiM Piuh
tender and his agents : and yet in aaatkar
place he says, That Kelly never opanad kin-
self as to tlie plot now on foot ; that indaad \m ■
had seen several lettera from Pteis and elks
plaeea, but they coutaioed nothing mmtmmL
So that it must be aopfiased, either tkait tbeni
was no treasonable correspoodancaaaiMdffi
by Kelly ; or that Neynoe was not ao grol a
confidant of Kelly's aa ha pretended.
Neynoe says, Ha drew three nMoaariilii
and the last was in Decenriier 17S1, to tha
regent for five thousand men; that aU the me>
morials were drawn by the order of, and die*
tated by, one Henry Watson, whom be 4id no|
know, but took to be the bte earl M ariakili
that Henry Watson, whom ha took to be aal •
Marisbal, was in England all last spriog, aii
that he lay with him several nights.
It is very extraordinary, that the aerl Mali-
shal should trust a mere stranger to draw ikna
memorials, and one of them for five thansaad
men to invade the kingdom ; and that ate^
wards he shouM lie with him several nigkli^
and iiot know who he was.
In one of his examinations he savs, the h«ds
of the memorials were giyen him by Kellv and
Watson ; in another he says, they were aU drava
by Watson : and it is observable, that the roagk
draught or a cony of any one of theos, is aol
produced, which certainly, he that iniaiidad it*
turn evidence, and so soon after beoamt an ia«
former, would have done, if there had bece aay
such.
The Committee are pleased in their Bcastt,
pag. 38, to take notice, that Neynoe said, Kily
told him, that a lord of the council gave tM
Bishop notice of his being to betaken up sons
days before it happened ; and are pleased Nks-
wise to say, that he afVerwards confessed, (is
they were inlbrmed) that iathat, and other M
examinations, he endeavoured all he couU It
create difiidence and suspicions am«ing his ma-
jesty's servants. And what credit can be givsa,
aiW this, to one, who had so little regard li
truth, aa to say any thing, though never m
false ; to so wicked a purpose, aa to create •
misunderstanding among hia majesty's mn*
vants ? especially if one considers how pre*
bable it is, that the remorse he had upon hii
c<»nscience, occasioned by the evidence he hii-
given, and his dread of the shame of beiaf
forced, when he came upon his oath, to dsnjr
what he had said when he was nut upon hv
oath, were the reasons of hia making away
with himself. And we shall call socm wit*
neases, who will give a full account of him.
We shall call one, who bat lately depssed
before your lordshiiis, that Neynoe lold UMi
he had said several things to a great maa,
which he neither would nor couklawear wkhont .
being perjured.
I most humbly beg ^our lordships' pardoe,
for being ao particular in a matter which I heft ,
ao lalely an oecaskm to mentiou : bat this ia j
whirh the weight of the wbale
the binge npoe whii
chaiM isaiHt the
mmd ^AiUfJu^r a TreasonahU Causpinc^. A* O- ntS*
your lof dsliips will e%eiim
tf)uci0t my Ijord Biftfiop
tliroe leiUfs, tliitVti ttie aotii uf
i' One mi^cmI J . Joneisi^ tuntiHKto ihe
CliiperKy iiuiueiido Dillon : the
IlliogUio, imiuendo the hiBhop}
^ uitmeiKlo lord Marr : the third to
'' (eDiler; mid Bi^niid
ll. ,i Tlicse letters are
I try ixviiy^ i&Jid diututeil hy (he
leltcrB, 1 b*^ leave to obserf e
criaiina) tyufnra to l>e in any
it thru it iii objected, thai two
mttojutrd of treason, aiid are
i€odef ; and it ia high treason
1 aQfl X\kt third is tlie Pretender
Chirera were Dillon, atid Maa-
rr : yet wriliuf^ to Iheu) in pri-
not erimiual tit themseltis, uor
»IVetefid«r« is not tmflMi.
•met th« lurd IVliirr to be an ik^etit
D(i«r P He 4|tiittei) the Fretender'i
r ytmn before ; and from the tiaie
bis tervicM:, till after ^he date of
in » bad m penaitm from his ("'^^^'^
1 iMlieveihe couoitilbr tbe Bill, and
1 wrill h« at a loM to tdl by what
Ito one, wIn) l^ath qQiUeil tlte Pre
» an many years, and w)h> hath
btoe hf a pension from his ma*
I in infleiioe.
it be proved tliat Jaclnou is the
[ admil wriiintf to hiin m Irtasoti:
red(AK it uiU he^tmd ail dispute)
neither ic nor cAit lie meant
ami thiit my Lord Uishop nei-
» could i*n<e or d it-tale any one of
then the wliide charge af^ainst
ahop, founded upon thoie letters,
J i won hi observe, as to thoce
Flhe Repoit, paj^e 42, where the
ph'aved to obaerve, that thr
f»flrt of it, out of cy-
vv that the other part
if-tt wa« fpry neres-
> pintcil the IrUerM in the
in which Ihey were
D aa thry are deryphered ;
ka nrrnTi-t! ^rrmlil luue hud an
i»» ' ihnt way,
cJ. Thi*
illiiiifl'j* C;ise.
Tia|i«r«^ in the Appendix, ar»
' nid then aa thi'y
>'» n«*c?eft^ry ai
nut* Ml < vjjofr lu tilts case: Be-
etrry one uoderHattda French
■ ,, f.. .» - !jt^ whether a French
1 ; bnt U ift impos
. ^.^ar4>i»t ttbll in the art
dl, u(»oii a sudden »t the
be rii^litly decypbered:
li«lk in iJur Horld, ii to de*
pend iif»on the skil) and inttgrity of the de*
cyphercra. Nor ara they itifAllible ; for tH«
Mritnesaes who decyphered the tetters, admit,
tlmt there are sonie words in thetn which thvf
codld not decipher; and tho^e wordii may ^ir^
a ttitn to the whole sense of the letters. ' Kay,
Air. VVille« said, that one o( the numhert he
could Qot decynber etciod for two words : He
was likewise pleased to ^ay, it was imposaihle
that the nnmher he could not decypher coulil
make an altenition in the seme; which i» very
extrnordinary for a man lo swear : Hut if one
word could not make an alteration in thesense,
surety two migrht.
Tile writiog these \tliPT3 is charjQ^d upon
Kelly ; which cannot alfect my Lard BUhop«
iinle^ they were dictated hy hnn^ or written
by his direotion, or priinty ; ot* which there it
no pretence of proof. And tberelbre I ah all
next olfer lo your lordabips seme obaervationt
u|K»n the artfumeiitii nod circumalances alledged
to support thiji charo'e.
It 19 observed in tiie Report, that the per*oa
who wrote these tetters speaks of hioiself as
being in ill healthy in ^reat paiu, under some
sad atid melancholy circunibtances, which he
exnects will soon blow over ; ami from thence
it m inferred it must ha thr BJihop. heeauvebii
wife was then ill, and dieil in %ix days al\er ;
and that he htmseir wait tit that tune atflicled
With the ^out. One of the gentleroeo, who
was couotiel for Ihe liiti, said, ihe6e weie cir^
cumstnnoes, that diJ nut liappen to any two
men in the world nt that time- And give me
leave to instance one other ctrcnmtiaQoe,
which, 1 believt', did not happen to any one
man m the workl ; which is. writing a letter of
potitica, when his wife lay ti* dy in^.
Why these circumstances fimst necessarily
intend the Bishi»p« more that* any other person
that was sick, mtd undrr nii^fbrtunes, I funnel
Apprehend. Thiit ill health must nreesftsrily
imply the gout ; and that it mu^i be mtended,
that no mun had the ^oot the 20ih of April,
but the Bishop ; that melanthuly circuiuiitanoea
oecessarity imply a man's wife beiai^ sick or
dyioc* ; and that no man had a wife sick or dy'
iof(, bat the Bishoji ^ is, in my bumble appre-
hensiuti, a new way of arguing.
A not Iter way of provin|f these letters to be
wrote by the Bii^hop, ts by the names and
t];;ures ^ubscribeil. For one letter J« ftubacribed,
T. Jones, and another letter is sut»scribed, T»
llhngton : And the Report observes^ that
wherever Jones and lllin^^lon are named, the
Biifhop is to be under^tmul. But why the
BiKliop is to be underslooil by tho»e names,
' uon constat :* nor is there any pretence of
evidence. And if we sltew (as we infallibly
vhall) I hut by those names Ihe Bishop c<tuld not
be meant, and thtit he eoulit not wnlt*^ or die*
til te ihoite letters; tlien ike inferences agoioal
ttm BUhop from tbooe ftetlers, and from the
siibaequent correspondeoee under those oamOi,
bocoine of no forre or weight.
A third letier is subscribed, 1376; whicll
tbt decypb«tr«rs aay denotes a peraoQ wboM
I
B07J
1) GEORGE I. Proceedings agaLut Bishop AUerbury, [GOB
proper name begins with an R. Anil the Re-
Dort 18 pleased to infer, that it must be the
bishop of Uochcster. Now why 1378 denotes
a person whose name begins with an R, the de-
cyphera only know : And we are as much at a
loss to know, why by a name beginning with
R, must be intended the bishop of Rochester.
If that number appeared to denote a name be-
S inning with R, and if no name began with
lat letter but the bishop of Rochester's : there
would then, I confess, be some weight in the
obserration.
That Jones and Illington are not the same
person, appears from the letter of the 10th of
May, from Hatfield to Howell ; where, within
the compass of two lines, they are distinguish-
ed. For in one line be saith, Jones promiseth
to be a good customer ; and in the n«xt line but
one be saith, Illington is gone in the country:
which plainly shews them to be distinct per-
lons. Besides, in the papers mentioned con-
cerning the duke of Norfolk, his grace is se-
veral times denoted by the name uf Jones: In
Layer's 4ist, sir William Ellis is described by
that name ; and in Plimkett'^ list Jones stands
for the^Germans.
The evidence to prove Jones and Illington to
denote the Bishop, and the intimacy between the
Bishop and Kelly, is the present of a dog called
Harlequin.
The evidence stands thus. — " Rep. 40, E.
35, Hatfiekl, who is supposed to be Kelly, in his
letter of the 30th of April to Howel, who ia
supposed to be IHIkm's secretary, writes thus.
31rs. Jones died last week ; pray present my
respects to BIr. Musgrave (meaning Marr) and
let him know, I received the present sent by
the young lady ; that he had a leg broken in
tbe journey : However, I will take all the care
imaginable of him; and inform Mr. Jones of
it, to whom I know any thing from that quarter
will be very acceptable."
Hatfield, in his letter to Musgrave of the 7th
of May, 1722, says; ** Mrs. Illington is in
greiit tribnlation for poor Harlequin : however,
his obligations to the lady are as great, us if he
bad come safe."
From these letters it is inferred, that by Jones
and Illington the ULshop is meant; and that a
younff lady sent the dog to Kelly as a present
tor the Bishop: and it is urged, that Mrs.
Barnes in her examination of the 2.'id of May,
says. The dog was not designed for her,
but for the bishop of Rocheirter : that Kelly
told her, tlie dog was for the Bishop ; and that
Kelly promised to get the dog for her from
the Bishop, in case it did not recover its lame-
ness.
It is admitte<l, that Mr. Kelly brought such
a dog from France ; that Mrs. Barnes had it ;
and that its leg was broken : but that it was
designed for tbe Bishop, or that the Bishop ever
had, or saw it, there is no prcteoco of proof;
4ud my Lord Bishop utterly denies it ; and Mr.
Kelly bath solemnly denied it to your lord-
ships : and instead of iXk beings a |iresent from
a young lady to the Bishop, illr. Kelly says he
s. isarnes.
Phere is one eipression in the letter of tha
1 of May, which is remarkable ; and, in ny
mble opinion, enervates end destroys iwr
bought it of a surgeon at Paiie, togiveittt
Mrs. Barnes.
There
7th
humble
force of all those letters relating to the dqr
for it was written four or five days mftcr Iha
Bishop's lady was buried ; and it saya, «* Kb.
Illington is in great tribulation for poor Harit-
quin." Mr. Kelly was supposed to write that
letter, and was supposed to be a friend of tha
Bishop's ; and could a friend, could any mai tf
common sense, be'guilty of such a foolish aed
ridiculous expression ? Could any men say sf
one of my Lord Bishop's character, who w«e ii
the utmost affliction tor his lady, that hem'
in great tribulation for the breaking of a di^
leg? It is evident, he who wrote that letter, oi
not know the Bishop's melancholy circaM"
stances : it is likewise well known, that thi
Bishop never loved a dog, nor ever Ifad one. ;
The next method of proving letters upon the
Bishop, is by similitude and comparnea af*
hands : not by comparing any paper writtsa by
him with auy other writing ; bat by pradocqg
a letter supposed to be written by Mr. Kelly il-
August, and by proving that the three
written in Apnl, were opened and copied, aai
sent forward ; and that those letters were of thi
same hand with that produced.
It was to be hoped, that, since Mr. Sidaq|k>
case,* the evidence by similitude of hands it'
criminal prosecutions would never have ben
offered : be was convicted upon such evidenetb
and for that reason his attainder was reversed
in paHiament. And therefore I humbly bope
your lordships will not in your legislative a-
pacity admit that to be evidence in tiiis csie,
which in the same capacity you were pleased
to condemn in Mr. Sidney's.
In 1695, Crosby was indicted for writio^
! treasonable letters ; and the evidence was si-
' militudeof hands: which evidence was disil-
lowed by the chief justice Holt, and CnAj
was acquitted.f
In Francia's case,{ my lord chief baron Baiy
derlared similitude of hands to be no evidence :
and if it was not admitted in those cases, wbcre
' papen; wcit^ produced, and proved to be of their
; own hand writing, and the papers with which-
. they were charged were produced, and coffl-
! pared with those other paj»crs; \%e firesam
; your lordships will not allow it in this csf^'
•■ where it is carried farther than ever it was it*
' tempted before.
The proof, as to this point, stands thui^— '
Three clerks of the post-office swear, thst^bs
20th of April, 1720, these three letters w«e
, opened ; that they took copies of tliem, aid
sealed them up again, and sent them forward;
that four months after, another letter cams le
* See his Case, vol. 9, p. 817. See, too, fit
12, p. S05.
t See two Reports of his Case in vd. ISiF
1S91.
X See it in vol. 15, p. 898.
and ciherSf/or a TreasonahU Conspiracy. A. D. 172S.
, which was stopped : that is pro-
ud they all swear, they believe the
era were the same hand-writiogf with
produced. Now that men, who never
d but ODce, aod throngh \« hose hands
ettera pais in a month, should be able
that three letters, which were sent in
20, were of the same hand-writing
i£r which was stopped four montbi
range and incredible.
•are farther to obser? e, that the clerks
l-office own they did not compare the
the three letters with the orifrinals.
ever a copy allowed to be read unless
I who produced it swore that he com-
iritb the original, and that it was a
markable, that Clark, one of the nost-
d. It was impossible to write w hand
loy resemblance to those letters ; but
kid, the figures bore a similitude to the
LJni^: so that one band cannot be like
but figures may be like a hand-
10 observable, that the letter produced
to be Kelly's hand- writing only by
the messenger ; ^^ lio says he had
s custody a week, and saw him write
etters; aod by Malono, who proves
f% hand by a superscription in French,
WHS he cannot read French : whereas,
|irove by three positive witnesses, that
Dt his hand. Besiides, they might
loced the letter which he wrote to my
Dsbend, which is admitted to be his
dl likewise prove by several witnesses,
• time when the three lettors are said
tten, the Hisho]> was at Bromley, and
rith the gout, that be could not stir
lOt; that his lady was dying ; that no
raa admittefl to him, but two or three
, and that Mr. Kelly was not at Brom-
nt time, nor for three or four months
' after. And therefore it is imp(»s8ible
teta ahould be written, or dictated, by
»p.
ndence of Wood the coachman, con-
B. For he swore, that he never saw
y^till he was carried to see him in the
and tliht Kelly was not at Brnniley ;
Iraogerwas at Brumley from the 12th
till the 26th, when the Bishop's lady
d that he must have kuoun it if there
it the Bishop never sent the conch for
' any other poi-son in Btiv -street, or
> Dear Pall Mall. S» that by this, the
aimaof Etizalieth Levclt and Ncynoc
deatroyed.
bobjccteil, tliat a nun mii;}>t put his
nino, and come to hco thr Bishop,
id not know it. Can it be i manned
|y« who is aupposcd to be so |)articular
If fkm Bishop's, would leave his horse
I I Bat we shall examine other wit-
tbatOBthe lOtb of June the
[510
bells rang, and the servants had roses. But it
appears moat of them were red roses : and if it
should be criminal to ring the bells on the lotb
of June, we shall shew that the Bishop knew
nothing of the ringing of the beUs, or of the
roses.
In the Report, page 50, the committee of the
Commons are pleaMd to take notice ; '* That
on the 11th of June, Kelly sends his Iriends at
Paris an account of his late misfortunes; and
af\er complaining of the neglect in not bailing
him out sooner, says. Your old friend Rig, in-
deed, offered all that could be expected frona
the poor man ," and infer, *« That by Rig ia
meant the bishop of Rochester."
Can it lie imagined, that Kelly would call the
Bishop, Gerrard's old friend ; who, it is not
pretended, ever knew him or saw him ? And if
( poor man' be taken by wav of contempt; can
it be imagined that Mr. Kelly, a gentleman of
that good sense and breedinc^, would use such
an expression of my Loi-d Bishop ? If these
words are taken in the literal sense, it is as im-
probable ; for the Bishop was not taken for a
poor man: besides, how could he \i\ko had
200,000/. contribution munev, and had the com-
mand of the military chest, be said to be poor f
And I dare say there is nobodv but beueves,
that if my Lord Bishop would nave intermedr
died on Mr. Kelly's behalf, he had interest
enough to procure whatever bail Kelly wanted :
and tuerefore I apprehend; that Rig cannot be
intended to be the Bishop.
Indeed, no credit can be given to cant names ;
for the same names are uwd for several per-
sons : as Laws in Plunkett's cypher stands for
Marr; and in tlie cypher found on Dennis
Kelly, it signifies Mr. Caesar. IJawksby in
Plunkett*8 cypher, stands for king George : and
in the Report C2, there are compliments from
the Pretender and his spouse to Hawksbv ;
which, I presume, they did not mean for liLi
majesty. Jones is used many times for the
duke of Norfolk ; it is used fur sir William £1-
lis ; and it is also used for the Germans ; as I
before observed.
That Jackson cannot mean the Pretender, ia
plain. A pp. C 30. A postscript in the letter
from Quitwell to Vernon, says, ** Mr. Chivers
aflvises, that the money you mention in Clin-
ton's hands, nhould be equally divided between
Medley (Mvaniug the late duke of Orinond,)
and Jackson (meaning the Pretender)." Now
•|vould any one devoted to the Pretender's inte-
rest, put Onnftnd before the Pretender ? Jackf
son is put for the Pretender only in Pluukeit's
list ; and yet it is observable, that Piunkett iu
all his corresjiondence never calls him JacUson,
but Joseph or Jephson : and in the voluminous
correspondence charged on Kelly he is nnt once
called Jackson ; but the usual names are Jeph-
son and Joseph.
As for the li'tter to Dubois, it seemed at first
to be a letter written from France to the Bishop
by the name of Dubois ; and after a month's
time they find it to be a letter written by the
Bishop. If so ; writing a letter, and not send*-
511] 9 GEORGE I. ProceeMngi Mgaimt Bithp AHerlmry, [51i
letter uid to be writtea Ibe 90th of April t
Mui^re. Ad4 as we hare eheipedytfast i
was impossible the Bish(»p sboaM write or die
f ng, can be no offence. Bat how oomes the
Bishop to keep that letter sealed, which he had
wriupn aeren months before? The writer of
that letter owns, he had reoeired one from Da-
bois two months before, bj Mr. Johnson;
which was the name Kelly went by : anfl it is
rery strannre, that the Bishop should be so
weak, as to mention the name of the very per-
son, who, it is said, used to write his letters,
and by whom he was BUpiKMceit to carry on his
correspondence. If it be presumed that he
wrote this lett*^ ; it must also be presnmed, he
was out of his senses when he did it.
That letter was not signed, and was dated
the 16th December, but no year ; though they
bare put the year 17 SI to it. For a month to-
gother they never thought the letter to Dubois
to be the Bishop's hand ; though thej^ had se-
veral of his letters. As to the observation made
by one of the gentlemen, that the letter to Du-
bois was sealed by a particular seal, and not the
•eal with which he sealed such letters, as he
intended all the world should see; thatc^ntle-
■lan would do well to let us know, what letters
were written by the Bishop, which he intended
all the world should see.
That so many letters were written before
1719, and so few since, was occasioned by his
lordship's great correspondence about matters
of learning at that time, and his being from
that time often afflicted with the gout, so that
he could not write many letters, and conse*
quently received but few. Besides, he was
made Bishopin 1713, and dean of Westminster;
so had not Ume to write mnch himself, but kept
a secretary.
As the matters before mentionetl to bechargf-
cd against my Lord Bishop, arose from letters
Bap[rased to l>e written by liim ; 1 shall next
consider the charge against him, which arises
from letters supposed to be written to him.
There are two letters mentioned in the Re-
Srtas written to him; one of the nth by
otHeld, interpretetl to be k)nl Marr, wrote to
Illington ; the other of the 35th of July from
Disby, interpreted Dillon, to Mrs. Weston.
Now I would observe, that it is not pretend-
ed, that either of those letters was ever receiv-
ed by the Bishop ; so consequently must be in-
tercepted : therefore it would have been proper
to have produced the letters, and to have proved
the hands.
As to the letter frotn Molfield, it is only a
compliment of condolence* : and it is inferred
that it must be the Bishop, because his lady
died a little before. The letter sap, <' We
must submit with reMiru.ition to what the just
and great God thinks Ht to order ; bot you
know such things so nnich better than 1 do,
that 1 will not trouble you with sayinir any
more upon it." From these last words ii is in-
ferred, that this letter ivas written to a clergy-
man, and consequently tho Bishop.
What weight thiii way of reasoniur? will have
with your lordships in criraiual proKecutiims, is
humbly sobmitted ; but it must be observed,
ihatthulettwieMml t0 be an anini-er.to cbi
tate either of the letters of the 90th of April
the answer must fall with the letter. Bot frso
hence the observation is natural, and i
My true ; that if Jones, who wrote the letkr M
Musgrave of the 80th of April, could not be Ibe
Bishop ; and I ilingtun, to whom MotfieM i
be the same as Jones ; theo neither Jood
Illington can denote the Bishop.
As to the letter from Digby to Mrs. We
who is interpreted the Bishop ; it
tlie S6th of July, N. H. wherein Digby Mfi^
'* f cannot oo any reasonable groooda •§■•
plain of yonr silence, because 1 am iafwid
of the situation of your health, and tbooMMl
your fiimHy are m, by bankropto Mid loh
suits."
It must be observed, that on the 7th of Jd^»
O. 8. G. W. in his letter to Dtgby snyS| ■•I
saw Mrs. Weston yesterday ; slio
better in her life than now." It Is i
that Digbv the week fblbwing shooM take
tice of the*ill situation of Mrs. Weston's '
It is plain both these letters cant be gmriwb
and therefore no credit can bo given to ndlt
correspondence.
One way of fixing the intercepted ann-
pondence, and the cant names mentiooed Ao^
m, upon the Bishop, is, by the cotncidenei ■
times, and other circnmstances ; as of bif hi^
ship being in town, and out of town : and tbot
are several mistakes in them. For in HrtiMlii
letter to Musgrave of the 7th of May, bo M
Mr. Jones is come to town only for a day : ■
that be to be understood of the Bishop, it v a^
tnie ; for he came to town the 5th of May,ai
did not go out of town till the 10th.
In the letter from I. H. to DixweU, of tiN
18th of June, it b said, « Mr. H . Iii« and Ri^
are I hear in the country.*' And it is said, vf
Rig is meant the Bishop : which cannot b^fiv
the Bishop was then in town. So in a lelierii
Maisonneuve of the lOth of July, it u sA
** Rig is in the country." Whereas the BidNf
was then in town. This is the more obscn** -
hie ; because the Report, taking notice <^ 1^ -
Bishop's being ill of the gout, says, (png«4l9^
*< This particubrity, as also several otha^
which will be taken notice of as to the Bbbsfjj
being in town, or in the country, at the mf^'f
tive times mentioned in the intercepted leticf%f
have been carefully enquired into." AvAj^J,
the next paragraph', tlie Report, taking asdi*^
of the letter to Musgrave of the 7th of tf^ii
wbich says Mrs. Jones is come to town, ntpSi
•* This agrees with the enquiry." Aad y*'*'^
will plainly appear, that tliere are such lii^
takes, as to those times, as I have before M*
tioned.
I hope I may have leave to observe, M ^
these mistakes escaped the observation of ^|
honourable committee of the Honse of T
mont ; and that though the letter of tbe 7*^
May, in the Appendix, aays, *' Mrs. Jeotf '
OHM In Iowa only for a ihy," yd *- -^
A^pon, lh« wordd *' only for a day/* i
iiHout.
A.D.
All ihw eiretimsUiices before mentioR^ are
MBi# ttte af to fix the namies of Jones and It-
ftlflutt iifKiR my Lord Bishop ; and therefore
Ibt next paragraph but one in the Keport is
fiery obserfaHk; wliicb is this:
'* Thwe several circumstaticen, joined to
Heyfioe^a deelaratioA, that Kelly had totd him
1^ BiilKot} went sorneltmei by the najne of
, anil that Carte had told him, the Bishop
liy Ihtf name of lliingtOD^ shew, that
Br Jones and lUiogtoij are Darned in
JLrfly^* c^respotidence» the bishop of Roches*
^rk Uf be attdersiood by those nanjes.'*
'^' that the whole proof of the correspon-
i ebarged to be earned on by my Lord
) tittder the names of Jones and ItUngton,
'Ived into this ; that Neynoe declared that
elly and Carte toJd bim the Bishop went by
* names,
I beseech your lordships, is this proof? Is
I evidetice siifficient to deprive a reverend
iile of all his ecclesiastical preferments?
to aend him into perpetual banishment?
! lives and liberties of Englishmen stand
I to weak a foundation ? If ihey do, I pre*
' to say Ihey are very precarious, and the
1 innoeent man alive cannot aay he is sale.
I beg your lordships^ indulgence lo observe
that this heayy citarge against my
ilishop is sup^voried only by innuendos :
with what an eye innuenifos have been
llwayi looked upon in crimiual cases, many
Ikstaoces may be given.
1 fkall ti oubJe your lordships but with one |
lubich is full lo this purpose, and of the great-
Ifit Sdthoniy : 1 mean the resolution ot your
[lordship?! in the case of sir Samuel Barnar-
i^jstOQ ID ]633, He wfka prosecuted for writing
iNten, alleged to be seditious and higlily re>
lAectiiig on the government, and the piibtio
Ijtutice ut^ the nation ; and was found guilty ,
}aad fineil 10,000/. He brought a Writ of
' ID this most honourable House, and yonr
kfhips were pleasetl to reverse thut jiidg-
Imvii ; for that the information being grounded
\j^ letier«i which in themselves were not cri-
d, btit made so by innuendos, your lord-
ire pleased to declare, that innuendos
!tl constructions ought not to be al-
all accusations should be pluiui and
rimes a«certained.
f if it can be supposed, without any evt-
thit my Lr>rd Bishop wrote the fetlers
fed to be written by hiiu ; even then this
is the sam^ with sir Samuel Bamardis-
Itoo^s.* For the letters are not criminal in
L4eii»selves ^ uor can be made so but by innu-
f and strained, tbrced constructions. Nay,
' to say^ there is not one part of the
^rge but subniMs purely by inituecidoi, and
•rtinetl cmi^iructions.
'- your lordships with instancing
(1v ; which is ihut nf the 20lh of
5ke iUis Cafe, toI. 9, p. 1353.
April, written to Mr. Jackton, and subsLribed
137B. With the innuendos it is thus, 137fi^
innuendo a persoti whose proper name In^ginft
with an R, innuendo the btsliop nf Uoche^tpr,
did write to Mr. Jackson, innuendo the Pre-*
lender ; that, notwithstanding tlii!* op|Hjf tunity,
innnetvdo an opjwrtunity of raising a rtbellion
in England at the time of elections of mem<
bers of pailiament, had elapsed ; I, innurndo
the Bishop, agree with you, innuendo the f'^e-
teoder, thai another^ hiouendo another oppor-
tunity of raisiiig a rebellion in Englnnil^ may
offer before the end of the year, innuemlo at
tbe breaking up of the camp. Your Sordshlpi
will please to observe what a Auperfet«tioti of
innuendos (\f 1 may so say) (here must be to
sapport this charge; and without innuendos
no part of ihe ehai ge against the Bishnji can
be maintained : and therefore I humbly Itope
that the sume reasons which induced your
lordships to reverse the judgmpnt against air
Samuel Barnard inton, will prevail upon you to
reject this BilL
To wh:it I have objected, 1 imagirte It will
be answered, that your lordships are now acting
in yonr legislative capacity ; and that in your
Icgislalive capacity you are not bound by the
forma of law: but' I humbly submit it, v»he»
ther you will not think fit to proceed acf*ot'ding
to the rules of law, though not according 10
the fornnsof it.
Men*s lives and properties are to be tried
and determined * secundum allegata et pro*
bata;* and the proof iu such cases must l)e
legal proof. And I apprehend with great
deierence, that when your lordsliips proceed
in your legislative capacity in other inslances^
you proceed according to llie rules of law : as
in bills for enabling persons to sell, or settle
estates; or for making rivet's navigable. H*
the title or property of any person ct»me in
question, your lordships are pleased lo hold
thejparties to strict, kgul proof: and why not
in bills of alt^ndc-r? Are bills of attainder
(i^hereby men*s lives are forfeited, their estates
confiscatetl, iheir blood corruptetl^ and their
famities undone) of less moment than bills to
enable persons lo settle their estates for the
benefit of their families ? I humbly apprehend
that your legislative and judicial capacities are
here so united, thai they cannot be separated,
Tor a bill of attainder is a coiidemtiation by
par1i:iment ; and your lordships always hear
and judge whether a party be guilty, befoi-e
yon condemn him. Will you then be pleased
to jwdge, and deiemune uiwn less proof in one
case tnun in another f Can it be conceived
that your lordships will not act by the same
rule in both your eapacities ? or thnt you will
not have an equal tenderness and regard fur
the lives, liberties, «nd estates of ihe subject in
one capacity, as in tbe other ?
When a man flies from jttsti<?e, he gite*
judgment against himself; and v^henap^rSou
Accused doth by corrupt or indirect means
conceal or convey away the witnesses atgaiuv^t
him, then he is the ca\iit,Vi\i'5 ^VtvtV«!!\^\K^\
n
4
515]
9 GEORGE I. Proceedings againsi Bishop Aiierhwy^ [51
proof oannot be had : and that mav be a ;
reason i%bj^ less proof hbould be admitted, i
But in cases not attended irith either of these
circnmstanoes, to say that less than leg^l proof
is sufficient for a bill of attainder, is to affirm
that pri?ate opinion alone, without proof, is
a sufficient foundation to pass a bill of at-
tainder. And how harshly that would sound
in the ears of Englishmen, is bumUy sub-
mitted to your lordships.
' My lords, W our law a judge cannot go
according to bis own private opinion ; but
most be governed by the evidence given before
him in court. For the rule is, " Nil refert,
<|uod notum sit judici ; si non notum sit in
iorma judicii." And if men's rights and liber-
ties were to be determined by pnvate opinion ;
how precarious would the lives and estates of
Englishmen be ? The most innocent man could
not oe safe ; the wisest man could not foresee,
where it would end ; and England must no
longer boast of the excellency of her consti-
tution.
It is a rule, both in law and reason, that
** Nemo bis puniri deliet pro eodem delicto :"
and yet that may happen to be the Bishop's
case. For the charge in the Bill is general ;
intending to raise a rebellion, and holdm^ trea-
sonable correspondence in order to bnng in
lureign forces : but there is no particular fact
cliar^red upon him. Now if he should be in-
dictrd for either of those species of treason ;
and particular overt-acts of such treason should
be alleged, as buying arms, and listing men
for the Pretender, and the overt-acts should be
proved by two witnesses; lie might be con-
demned and executed for it. For he could not
pltfad this Bill in bar to such indictment ; he-
cause the indictment would not he for the same
tacts, there being no particular ones charged
in the Bill. And yet it may happen (as f said^
that my I^rd Bishop may be iadicteil and tried
ibr the treason mentioned in this Bill : as in
the case of Hampden* and Fitz-Harris,f
which 1 lately mentioned. For Mr. Hamp-
den was tried for meeting and consulting to
raise a rebeilion, was fined 40,000/. and was
afterwards tried for high-treason for the same
fact: and though he insisted on his having
been tried fur the same fact, and desired to
plead it ; yet the Court would not allow it.
And in Fits- Harris's case, he was indicted for
high -treason, and pleadetl an impeachment
and averred, it was for the same fact.
patience in hearing me : and if, at a lawjei
through my zeal for my client's service ; oi
as an Englishman, asserting those laws whid
I apprehend are the security of British libei
ties, 1 have let drop any expression which Bia;
be thought improper, 1 most humbly beg yos
lordships' paroon. And if there be a dififereiK
between your legislative and judicial capacity
1 submit it, whether your lordships willb
pleased to give that iudgment in your learn
lative capacity, which the counsel for the Bil
do, in my apprehension, admit you coald do
give in your judicial. And therefore, 1 bop
your lordships will be pleased to reject this Bi
Mr. Wynne (his lordship's oUier connsd
spake next.* May it please your lordships ; J
* Lord Orford, in a Note to the anecdoli
which he relates concerning the dukeof Wfaar<
ton's Speech, on the question for passing tb<
Bill against Atterbury, (see it, post,), sayi
'* Serjeant Wynne served the Bishop in miMBt
the same manner: being his counsel, he de-
sired to see the Bishop's Speech ; and tkei
siM)ke the substance of it bim8elf."--Some Ob-
servations on tlie Catalogue of Royal aod
Noble Authors, &c.
This charge gave rise to a Vindication d
segeaut Wynne by his son ; who permitted
them (as he expresses himself) to be printed ia
a |)eriodicaI examination of books and paniph-
lets (see Crit. Rev. vol. 7, p. 453), and after-
wards inserte<l them in ** A Miscellany con-
taining several Law Tracts ;" which, in 1765,
he caused to l>e printe<l for private graiuitooi
circulation. Of this Vindication the phraseo-
logy is stiff, perplexed, and ungrammatical : the
matter consists partly of arguments, obrioui
and for the most part weak, and partly of al-
legations. The following are the most weighty
paragraphs of the performance :
" Since the sight of the book, I have heard
Mr. Wynne often declare (and I dare savfnxn
his known probity and veracitv he would roikf
oath, if the occasion required U), that he never
did see or desired to see his lordship's Speech ;
nor ever read one line of it himself, nor ercf
heard one line of it reail by any other penofl
before it was spoke in the House of Lordi.
Nor has he to this day ever seen or read oac
line of it, though there is reason to believe hit
, .. _. But ' lordship's ^Speech is still in being, with an is*
the plea was over-ruled : ibr there being no troductory account of the true grounds aaj
particuUr article, the averment could not be motives of his prosecutitin, and if they oooW
' ' ' be compared would be found as different •>
conid l»c upon the same subject.
** As lor his lords>hi|)*s Speech so called,
printed by A. Moore, at that time, it is a spl-
supported; because he could not aver any
thmg that was out of record.
I humbly hope your lordships will excuse
me for taking up so much of your time. But . ^
the multifariousness of the matters of which ' rious incorrect romposition, and does not
tain above halt' in quantity, and besntes
subject, drew me into it. 1 humSiy thank | nonsensical and unintelli^rible puragraphs, hii
' " ' ' hardly one true and ctu rect passage throsfb*
the accusation consists, and the weight of the
subject, drew me into it. 1 humbly thank
your lordships for your great indulgence and
^ See it, vol. 11, p. 479.
t See it» vol. 8, p. 925.
out. But if evtn that were to bt> compared, li
other likeneKs would be found than what wit
ectsarily arises from a relmnoe to tht ii«^
mid otherffjbr a TreasonahU Conspiracy* A« D. 17^. [518
0lMiiiM!l for Ihis reverend prelale : and of it were tm*, and duty pro?ed, yet that there
fr«r utiiteeefS4iry I know ajiologies lt> be \n nu such necessitY.
"In order to dincovt^r whHh^r there he any
a
ytmr Inrdship^!, ivh*> an* alwayii ready
|imr wh«t the youiii^c^st dtid moist uoex
such necessity or not, 1 ih*iil coniiider ihetMirl
perwmi has tu offer; yet it liecoraei propos<?d by thist Bdt« and then i^ei^h ih«
«af ac^nvettjin^ for my 6rst appearance m^";! us whereby it ij9 hopetl lo avtam tliat eml ;
: Kii.«.» Ka» ;» «.».i4oi.A* «La u..* and whether this Bill he a means neoeaairy or
convenient to attain it.
The end, I hope, is the security of the f o*
vernmentf and ilie e\rcution nijn^ice, iirif) it
ought (o ha pursued by all re^j^ular and taU'tut
means J and therefore, btrtbre 1 8|»eftk particu-
larly lo the crimes supposed in iliis Bill, or tl)«i
proofs which have been offered !o uiake Ihena
out, I shall beg leave to gay something as t<»
the manner and method of thiii proceed intf.
Not that I shun presume to <(ueBtion your lord-
8hi]>s' power in Kuch closes ; but, as on the miw
hand we most admit your lordships may, ami
have 10 some oase»* exerted your legislative ca**
pacity, iu declaring tliut a crime which was not
so before, or by inflicting particular or extmor*, |
(Unary punii^hmeot ou common and ordinarv
crimes ; yet, on the other hand, till that is
done, i hope I am at lilierty Ireely to represent
tlie incouveniency, the injustice, and the im*
prudence of making such a declaration, or of
hips' bar, in a matter ot the laa
; and it was the detiire of lliis
fin prelate, rather to make his defence
[| weak liandi» as mine, as if he was
Uial his CHuse needed not tlie as*
tuf ftrt or experience, in oidev to move
*t0tia, or to impose upon the reason of
m ; which he knows to be but an im-
it help to persuasion, in comparison of
•nit iiiuoccncy. Ue apfiears before those,
(he hopes) will regard plain facts and po-
f Uw ; II ud truth, notwithstanding all the
I antai^'es of an uu^kilful pleader, will,
at last prevail,
my own nart, sinco your lordships hare
" tn^ lor his counsel, 1 shall be under no
II* ot dane^er or displeasure in per*
If my duty to him, iu humbly offerint,'
Ibioff I thmk necessary for his just de-
if; aitfS I will not doubt, but 1 shall be
favournhly heard* And though it »s
l«rdal)ip*a misloriMne to be already |kre-
* ia mnnther place> and to be condemned
joul doors, by some few vulgar, misled ap-
>-*"( he hopes better things of you«
M' do^ not douhr, but that your
ii|^^ who in matters of less im porta nee
whh calmness, justice and prudence,
I not to deviate from those mea-
itl«r which demands the greatest
an and dehlieration : for it is the case, the
[On, the lilierty, the fortune, and (1 was
to fay) the life of a most learned prelate ;
•ottie circumatanoes of this Bill are
-* -r^\ extreme, that it is Uttle better
I affected hfe itself
.'%,> \*hmj Uiat is a frirud to this Bill, must
Mt H is not to be oflered without an
i md cofTcnt neceasitv. But» I hope,
If though the grounds and suggeations
and letters. And I am snre where
lly mentions his cot i use 1, it is with
bere^rd, itn tenst complaint of
unfair or o»il * ^ < iiuviour of them.
* All'! ., . ]\ i.uuvia Mr. Wynne never was
t ti ,tiop during hia commitment,
♦ h*! Ill .? as ci ill LT in company with
:.!.!:Hi;iwi.M* l^r-irpj:.. Iks (tihcr couosel, ftud
ill lim ^iilii iiors, who were as-
\if} ij«.M ! turn in his defence, and one or
' hifc si^Tv;Lnts ; and therefore some other
must have heeu prt%y to this fact if it
as others who narro^i ly watch-
ifMobably ofer-beard, moat things that
1 m. Ilime abort int«nriifivs.'*
^OMtittootd that ** Wynne was in a
i known to or acquaiuteU wiiK his
I before ha had tho bonour to be
r oC bi4 CQuuitL"
IiaWmi? such a law, in the ciose now before you,
fit should become a law, his lordship must
dispute it no lony^er, but submit to it as juaty
whiitever hardships be may, in the reiiremenl
of his own he^rt, conceive intioduced upon him
by it. But thanks be to God, this is yet no
Iaw, and that I am at full liberty to represent
the injustice and the unre&soDableness of thii
Bill ; and to say, this is not a proper occasioa
that needs or calls upon your lordship« to exert <
your legislative power.
1 might here enlarge upon the injustice of ^
all laws made * ex post facto,* and for one par*
ticular case or person, and no other ; that ihtf
are aguinst the common law, and the common
right which every one is entitled to, in the '
fdace of community where he lives | because
aws, in their nature, ought to be rules for tb« {
general order, and good of society ; and oaia<^ ]
ml justice would surely in all such casts slo|i i
the precipitancy of your lordships' resolution^ ]
by this question; against \vliat law hath h« |
transgressed ? If he bath transgressed any
pub he known law, be is undoubtedly subject to
undergo the pains or penaltie<« eu acted by it,
when the proof is duly and fully made whicb
that law requires. But if there is no such luwr |
v\?t in being, or if there is no such pnH>f as that |
law requires to suppose him guilty, will your]
lordiibips introduce a new law, or a new sort of I
proof to make him so ? If these methods are to {
bi^ taken, the most innocent man is not sate, and I
the wisest man cannot judge what is an otlence^ j
or in what degree ; what proof is necessarj I
for his defence, or how he is to be tried. And |
in vain does the legiilatnre every Kev^iou pro* j
vide lawSf if a parucular law or a particular]
proof is ilill to be made for every panitiular !
purpose, Dot only contrary to the tenor off
all tbi fortner, but fucb m is n«t to bo
IW]
» GEORGE I. Pr%e$edif^i9ei^imtBiA9rM€fim9. {¥19
% rifle er \%n io «iiy other fatars case vktl-
soever.
^ . Tbuf ipnoh I am sure msv be justly nr|^
ip toy place of judicature in the world, against
Mfi such lavrs in general ; but much more as
ire are Buglisbmen, as we have laws, which
my lord Bacon calls wise and just, that give to
Goil, that give to Cnsar, that gii^e to the sub-
ject, that which belongeth to them. Not like
those of utber countries, imposed upon the sub-
ject at the will of the prince, before probation
or trial, whether they are fit and convenient for
the genius of the people ; nor the production of
we man, or of one parliament in any one age,
but the wisdom and experience of many gene*
rations.
^nd I am sure one of the greatest ezodlen-
cies of this law, beyond that of other nations,
kas been always esteemed the common and
ordinary method of trial. It has been always
•eoouiited the birth- right of an English sub-
ject to be tried * per pares,' according to the
known course of the law.
And, therefore, the better to shew the diffe-
rence, and to evince the hardsliip of this ez-
traoidinary proceeding, I shall a little consider
the nature of the ordinary trial ; and though I
miff bt do this m the boguage of Magna Gharta,
and of many eminent, ancient wnters of the
law, 1 rather chase my lord chief justice
Hales, that great and ffood man, whose happy
SMderation between the prerogatives of the
evown, and the jostJiberties of the subject, can
sever be remembered by posterity without the
deepest honoOr. He ssys,« it is the best trial
k the worU, and one of the first principles
upon wliich our constitution is erected. Here
a man has a legal exception to any one of
his triers, if they have any dependence upon
either of the parties, are preposbessed or preju-
diced before tliey bear the evidence. All the
evidence is given openly, iu the presence of the
judge, jury, counsel, and parties; not in pri-
vate, before a commissioner or a clerk, (ss in
Chancery, or by the civil Uw) where often-
times a witoess delivers that, which he will be
ashamed to testify < ore tenus,' and wherein
^ crafty clerk will oftentimes make a witness
•peak what be really never meant, by dressing
vp his evidence in bis own terms, phrases, and
expressions. Or a man may depose in writing,
what the fear of being falsified, or perhaps a
better recoliection wuuhl not let him adhere to
ie open court, where he has an opportunity to
ourrect, amend, or explain his testimony.
Besides thin, (saysthst learned judgv) a jury
aaust all agree in their verdict, and aie not to
be cooclutUd by a majority ; and, therefore,
though in soma cases, the'hiw does not posi-
tively require two, nor one witnesK, * viva
voce ;' y«t the credit of a verdict is great,
where twelve men on their oaths unanimously
agree.
- The counsel on the other aide may be apt to
r^y upon me, with the trH|uent abusea and
« Hist. 0f the
Law,«.ia«
corruptions of joriea. My hwdfi \ de ^gnei
that may happen to be the eaaa; er it W09
happen that one more koowiag or OTffr«>b«i^
ing maa among them, may someli
all the rest. But if the
and often doea in every society ernn
men, and the best regulated bodiee in the «orU»
surely that can never be a reasoB to depnsea
man of his common right, ^nd to lay andi %
most valuable inatitution.
I am afraid, my lords, this little has Nwlw
much upon a point that so little gte^a its bal
the love of one's country, and its aDCifl«thf4
constitution, is an honest prnudifle, wttb
every oneisapttoiadnlge; and the ad?4i|iw
of this privilege, every one that heere pasbS
doubt not) is in the heart sufBcieBtJy coiiviMi
of, and would boldly inaist on it as hie hiitt*
right in any case of his own, where liif em
property, his reputation, his hfe, or km e«a
libMly was in the least concerned.
It IS urged by the counsel for the Bill, aed
indeed by the Bill itself, that this is aa e*ai
ordinary case, and requires an extra srdJiiry
remedy, where the offender has taken eara, ky
subtle contrivances, to keep out of the veife m
the law, and the reach of all ordinary prassidi
ings. But if such a cruel, artificial aoggaalioa
be allowed to be a good reason lo diifrivsa
man of the benefit ofthe law, no man'a life ir
liberty is safe. The aame may be auggpHlid
of every offender, and in every offenee: tbsta
man endeavours to evade the poai^miaBt sf
the law. The ssroe may be said with nsif
justice of every one that pleads not guilty, sad
insisu on his trial, that he endeavours laevids
the law, because such an aecusatian or sueh ii
indictment is found sgainst hisB. Aod yet the
most rigid casuist never yet maietsiaed, bat
that any man (though he knew himself to bsa
most guilty criminal) anight plead nat ggikf
and insist on his trial.
But if this cruel artifioa is to prefail, sal
this should be a reason to exert such an extraor*
dinary proceeding ; woe be to all m«i of aiasi
and ingenuity ! Nay, my lorda, if aoeh a aSf
tion is to take place, the Bishop is in a meek
worae condition, than if Maynoe were aUfe» sr
any other witness would have denaaed, « riia
▼oce' against him, all they would have bed
them. For even then , his acciisati«m er iadic^
ment must have been found uiion the oaths sf
twelve men at least, he woiud have had hii
ltgt\ trial, and his challenges. This laay oaa
a auppositioD that the gentlemen ofthe ottsr
side msy nut allow his lordship to be a jpesrsf
the rea.m ; but if they do allow hia r^ht d
peerage before your lordships' bar, and osb»
qvieutly that he is entitled to a trial by hit
peers, yet still he would have had hia legal df'
oaptiona to the testimony of the whnsmai
there must have been two uoaitive witassi^
to the same overt act ; and his accusation imH
have been found by twelva osen at least wtm
their oaths; and, after all, if hia lordship 1
have haen found giiiltj, he naigbc
hi ancat of jodgmm. AU whacdiT
«ii]
•scf tdhir^tfor a Treasonable Canspiracff,
A. D. 112$.
[5«2
n^riy i)ef»n?ed of, l>y Uiis coethod of
Wtfwl ^ loUl (I doubt not) by tbecoun^l
lir dip 6^li Uial your ianlsliip^j «iit now iii a
] csfitcUy ; that you are jud^s of tlie
\ 9B well a» ol ih« law. Na luau will tlouU^
__ Mar iaril*ilii[>9 tiave a judicial capacity^
!■! bttf)^ al aW times roost uartUily eitercitied
11 j Iwi ^es t muMi beg leave to doubt, wbellier
|f«r l<»r«f^in()« are now property acting in thai
mfmij Mr nut ? Vou liave a ^lower it k true io
llll Mtiiiod of proceed ill It? Ui cuodcuio ibii* re?a-
ipd prcUte, tt {guilty ^ but not to sap e aud ac-
Mil, ifyaa are ever so well $atis Bed of Uisiouo^
mucy I aod wiietlier it Ue your lordships'
ibiD^ure to |»a$9 ur reject ibis filU, I desire to
I M« of the learned counsel^ wbetbr-r it may
laylcaded in bar of a prosecutiou in the courtv
I U»w, tbat be was '' auterfoits acquit/ or *■ an-
trfatlt convict* before your lordibi]»&? or wbe-
rocetditig by Bill luigbi be (deaded
I jllar^ eren of an inipeacUrjiout for the very
r trenaons I' or wb tether your lordshipe^ re^
ma oil tbL» Bill (wbatever it be) would be
I if kgal '^estupel' to any other Bill in a fiuure
ef NOf my lurds, 1 bumbly apprehend,
d not be a ^r>ud bm or a legal pleat
ll oomniou law« or aocording^ to any
IT iltage t*f parlitimetits; and tberelore
' Vibft|>e y<Hir lordkbips will not du tbat wbicU
Itier all ca#iut>t be a complete or a final jud^-
1 by that meaod draw ibii reverend
limlO die danger uf a double trial ; whicb,
e, 19 not only contrary lo ibe rules of
but al^ of natural justice. I bave the
iOiitntenance in ifuyin^ this, not only frurn
ipderi'a ca&e, but troiii the known caaeof
fiirris ;• who pkntkd tbi« very naaltei"
lo ( ' I i oil of t ll e Co u r t uf K ioi| V ht iic b ,
tbai cupeacbtfd lor the iiame c-rinic by
tbaCotuutiioii tif Eni^land ; but it was the opi-
hitm of that courl^ with the advice; of all ibe
jlidfes, tbat be might, n<^lwithslandinir,betried
ibfre ; and, in fact, wan tried and condt^iiiued
by the Court of RiucVbench^ tbouk^^b the* iin-
peach 111 en t was btill depeqdiu^ before your
lortUhrps' House.
But if yuur lortishipa are resolved to p ro-
il your legiblaiivr capacity, aud my hud
asutftt, aker all, be in dani^er of the or-
VMry incthodof trial ; yel suffer me to any
libat has be«'ii done, in former tiin^t by Ibriuer
parliaments, n a the like Billa; and bow light j
hotter otbtr auiliuritiea may ticem, we hape
^•ur lordibips will have toiue rey^ard to your
•va ttiftge and rtsolutioos*
' Tbere bave been too mauy inslaticea» I etm*
itm, my Iord« ; but tboae, tliat can in^ m any
^it^t^ts jtt»ti6ed, may be reduced to tbeae itaw,
IWy are ^ocb ai jNfia^ against persoiia deail,
«r«bo ilod from juetice, aud did not f«tidflr
ibiiMliig by the time appuiolefl ; or tbey
ht»e p«Med aj^ainat auch aa WMfe in actual re>
hfUJaiii b fttr«»et opposttioo to all wetbodi of
ttidf md to detiance to all courts of jualice ;
I IP - — ' — ^ — * '^
« W, 8, p. Si3, of lbi» Collection.
or agaittat flucli wbitfit treaaoiis were flagrant
and uudeniaMe, but their persons above |ha
reach of inferior ouurls and ^CMfimisiions,
Thoke few vamioee to tbe heal tud ueceaBitjr
of the times bave been moat of them revef»
with infamy and detestatioD^ when men wa
cool| and at liberty to hearkea to the voic« of I
law and rcatiou, and began to cousider tbey kif4 '
only preparer) shackLei^ fbr tbemiielvea. Tboio '
few melancbuly iu^taiiees» pr^icured withoiil|
due trial by an excesa of prerogative, of pep* j
aons tbat bare been f*'rlh- comings principaMiT {
because it wag tbe will of a prince, are oot tp I
be mentioned without horror and deteatatioo.
Such oi lbo*e, my9 my In ' f ! ^ -^ derail
' obllvio si poteat, tii non, u ile
* tium.' Let ancb groia b.^>...... -..^ moU-*
liontri of the sacred aod utialtciab1« tides of |
juiiice be forgot^ it it be pusiiible ; or at Ltaal I
draw a veil over theiii, and let ibeai be bariid |
in perpetual «iltdiica»
But in all sober, regular timas, a frea trial tii {
LbE" ordinary cour&e of law baa leldom boan
denied, even wbero ihff Tacta bave been soao*^
torioua(as one would ibiuk) almott to need
trialt and ao evident aa to need no proof; aa ihm I
regii^iilof^ eKcept fuch as fled from juttit^ ]
were admitted to tnal> no less than twenty-i
nine bclbre one oommi^Mion of Oyer« aod evety i
one beard with patii^nce in tbeordioaiy cuurae,
iLitn Feiton,* tbat stablicd a prime uiiuibter in ]
the execution of a bi^^^ eommtSJiion, tbougli J
he cunleaaiul the Ifut, Wih iK«l<ire the ooi
auil Court of ivinii*^ btuch, anil jti^tilied it at ft ]
public vervice lo the nation, in the mont darinf ]
and impious manner, was brought lo triafyl
without superceding any ol the ordinary mei* |
tbiids and circumstances of ju]»tice. f n4l«#dv I
wlure Slime Hagrant crimes ha>i^ been fejjallyj
priHrd and deternijutd iu the courts hchiWp]
pitrliauu'Uts batesumf-'iinief thought tit tu a4lilJ
Ui, or beigbtt ti tbe tlegrii^ of punish meat^. If J
was an rfsidvfd in the caso of the Gunpowder* f
plotters 6th Nov emlmrf tbat they were at first J
to be triffd at law^ and then the parliament (if 1
need be) to add a coufirmation to it. Nsy^ [
tbnt resolutiuu went farther ; it says, they wers
not CO mpetfut judges of tl» before ii waa founil«|
io tbv ctmris bfltiw,
I mi^bt mi-ntion the opinion of judge Dod^
deride*', the Miir«»r ul dustier, lord chiefbaroBl
Atkiu^, ^c. who ^ay tbe parliament is a an- ]
preme court oJ' Oyer, and that the pioper sub-]
jeci uf (heir Over is such offences tor wbiclil
Ti\sUi cauuol otherwise l>e had, and to deal with I
dehiMjuenta tiio bif(b for tbe nrd innry courts*]
Aud, as 1 am bdbre your lord&hipa* bar, I ami
irery proper lo mentaeo the reaoliilioti of y
kirdsbiju' predecesion, in tbe cue of F
barriat wbo (aa J before nientione^l) was
peached by the CJoinmons oif b i gh-i reason j
tbey retaaod to take biin out of tbe ban da i '
ordinary justice, and directed tkim to be pr
*i^ee hia Case in tbis Colleciioa, foL
p. 36?.
f 8ee ii vol* 8. p. 825^ oC ik\&CQkV<£tki^
593J
& GEORGE I.
Proceedings egainsi Bishop MerhMwy^
«ee«l€^J aeaJDSt wccor^vag to the coone of the
cummoalaw.
Ar«1 what opinioD fobscqnent parliaiiieDts
luve hnil of my lord Strafford*! bill of attainder,
best appears from the wortis of the act of re-
versal,* hy ordering all the records and pro-
eeedin^fs relatioj^ lo it to be cancelled acd de-
stroyed, that no remains of so eril and nnjost
ft precedent mii^bt be Tiiible in after a^, or
brought into enmple to any one's pre|udioe.
But ereu in that detestable instance, such in-
formations and cridence were not admitted,
the witaesKf were all examined, * rira voce,*
tipon oath, and be was fint adjod^ t^^^^Jt
by way of impeachment at the bar of the lonA,
before' there was any order for a Bill. The
very same method was observed in the cause
«f archbishop Land,t and articles fully proved
against him, as they thought. If it had not
been so, et en that House S Commons, as bad
as tbev were, anil as thirsty as they were after
die Mood of those noble persons, probably
would not have ordered those bills. But yet
this latter instance of archbishop Laud never
had the royal assent: and it is well known in
history, what desperate measures were made
vseol to induce the Lords to psss it; andatlast
I think there weie but seven of your hMndships'
whole House that were present when it was
passed. But if this Bill should pass, we must
no longer Uame and condemn those instances ;
for this will, in effect, re-enact them, and many
others, which the wisilom of former pariia-
aents have rer ersed with marks of infamy and
detestation.
How much more is there to be said of sir
John Feowick's case?| He had been indicted
upon the et idenoe of two positive witnesses :
there had been several preceding trials at law,
by which it manifestly appeared that he was
eqnally concerned with those that were found
ffuilty. 8ir John Fenwick bad likewise with-
drawn himself from justice, and was retaken
(a circumstance always urged as a strong pre-
sumption of guilt ) He bad protracted his trial
by offers' of discorery, the reason of which
afterwards appeared 'to be, that one of the
king's witnesses might withdraw himself be-
yond sea ; and although that wiiness was icone,
yet his evidence not only remained in writing
signed, and u|ion oath, but was attested and
eon6rmed by some of ihe grand jury them-
selves that found the Bill, and by othere of the
petty-jury, before whom that witness had
gif c-n the very same eridence. There was a
firoof likewise that be had attempted to corrupt
the remaining witness, as well as some of the
jury. These were circumstances upon which
that case was founded. No man can say, but
there was a reasonable evidence, though not
• See it in vol. 3, p. 1595, of this CoHectkm.
As to the provision in the Act of Attainder
acrainst Strafford, see scq. lUynard's noeMat
«f it sited by Mr. UatariJ in his PhL Am.
t See U M this CoHsclii^, f«L «u ■.
|8eeitT«LlS^fi«8r*
stridly legal ; one full and positi^ wii
and many strung oodeniaUe drcumstai
and yet the opposition which that bad in
Honses, was very great. Whether the re
that prevailed for Uie passing of it were t
cient, becomes me not to enquire : aina
still a law, I most presume tliem just.
But is there any thing, my kivds, like
in the case now fiefore your kirdships?
there been any attempt to withifraw fron
tice ? and yet that honourable committee
been pleased to obierv e, his lordship bad i
that be was to be apprehended some consi
Me time before. Has there been any preo
trial, in which my lord bishop's name
mentioned as an agent, much less (as tlii
suggests) a principal manager and direct
the eonspiraey.^ Or, in that one trial «
hath been, has any thing appeared to derii
least suspicion of guilt upon him ? Can
one say be has used any methods or artifii
avoid or protract his trial in the ordinary o
of law ? Has he not on the contrary,) ao
one of the strongest proofs and convicm
innocency) songht and petitioned to lie t
Yes, my lords, he has applied in all courts
in all places, in the most earnest and
manner, to be brought to trial. Has this i
rend prelate used any indirect measure
corrupt or withdraw a witness.^ And 30
Kelly, (who u the only person su|i[
capable of testifying against him) it is
known, had his full lib^y, even after bis
ship's apprehension, but would not bazar
recognizance by one day*s non-appean
No, my lords, nothing of tbst kind has
attempted to be pro? «l, nor so much as
nuated in this case ; nor is there here b
your lordships any one positive witness of
kind : nor is there the sanction of any one
here, or any where else, in any one material
against his lordship. What need there
or what reason can there be for this i
Surely your lordships will never pronoui
judgment that shall affect any man's
liberty, or fortune, without st»me oath, an
circumstances so nidely ilitferent in evtrj
spect from those of sir John Fen^ ick.
And if this case bears no proporiiun nor
litude with that of sir John FeuHick ;
sure it has much less, or rather none at
with any of those before- meniii>ned. Fc
hope, after so Ions' and full a distt>rery 0
conspiracy, and those many ju<»i metho
preparation against it, the dan^^er cannot
be so great or cogent, as to ref^uire so p
pitaie a resolution. His persiHi, your
ships see, is safe and forth -coining, and
courts of law in their usual and upen ooc
and at this time filled with such learned ao
solute judges and ministers of justice, that
are equal and able to deal with the most
and daring offender.
Them can be less reason therefore, not
nlwnhopc^ lor yov kN-dships at this tin
t nneh u amordinanr ncthod of
snd o1hers,Jbr a Treasonabk Can$firacy* A. D, 1723. [5sMI
is tbjji furtber objection i«gAii^st
rfiiif by littl« that it niak<» not only your
bbip* jictmotiiicy jttd^iiieiit u^insl one of
f own rot m^H^fs, aud a rery terrible one tao ;
tilnalif liim^elf, without be^rint^
f)ce» io person, jironouDce
~i judgnieol upon bi» tubjecl, wlucb bis own
E lcfn|i«r mujit be averse to; which the
Doo Uw therefore lias wisely left to be pro-
^^ by his justicest even in those Cfturta
Imp is almiyi» 8tipp<}«ed to be present.
IMtti thin tttALnnce, tiiere is something which
mmk be stilt more ung^i ateful to )iim ; in tbtit
nil m eZidnde a branch of prerog'utive vrbicb
\m iiini<ety tnest tleiighls in* And it mnst he
mmmwm^tm to every i^ood subject to find bis
nral jisdnietit so highly mistru&ted.
irTe t« another thing, which, I persuade
'f't \nur torttships will fully consider;
' I ^ met hod ol pr«>ceedm|^ by Bill be
iL<^ and grow tamiliar, il will put an
i.j CDC considf luhle branch of judicature,
■ 1 1 your lordships were heretofore so jusify
u« not io admit at uny time the least
- > . The L*> wor House w 1 1 1 h a rd I y care
' : i ; Inrilsbipsasac-
y can so easily
iHT Ldjmciiy. And every
ii;ainst a member of tins
.<^^; t.^tiioffemenl and diminiitiim
I and valuable privilef^c, and »iU
to Rurne other mischiefH to the
i much rather your lord-
to yourselves, than J ex-
it ba* been atwiiys doubted without
, whether your lordKhip!t could hej^n such
tBill against a coirnntiuer ; but 1 think it may
lis jBoi« ju»tly doidited, n bet her the IjOwer
i Qiu be|(in such a Hill jf^^iust any one «f
'diipsi and if thiii Bill should have no
reiwaei)ueuce, it wit) establish this so far,
' liO question bereaUer,
* ' pcd nutsay ) bow much more pro-
l !*<' e been for the Lowi^r House to
I lifi-; "-^^ ^" '■'-'■'* "Mr bmUhips; be-
'1 by your lord-
1 . - J bc of Com mons
caturc or coercion ^{^ainst
' :-% cuuf^LMningtbat Huuie,
I thta IS a ca«i4Ef of pconif^c^ xUv puni*<b-
nd the oscIumou of a uiember of this
IS an instance on your lord-
vvh^'v* 0>e lord Purbeck vo|iin>
» i^nd dignity of vis*
Hod yet yuur lord-
ly revei .. 1 .'luent, and
^ place CO tfOrinler-
witii iii|fniUesor ngni'tyt peerage, but
rhrdtbips' own House.
, my lurds o* thiit reverend liench»
I aurdy oaosider what a fatal blow tbis4 Bill
141 lb«* dj».fjijiii,t. iTvri polity of the
llif £<igt ' more tniin ordi^
ilntii^^ ,M4i|kir}:r "IOC !i lire-
i,amiof tniroduriTii^ lufuhodsoi
ao4 dru|t«i, harilly known i
aAfdem «au»u« Uave alr«aJy pre*
hti.
scribt^fl mcibotk of juiig^iogi ceofuring, and
dei^osinfi^ bihbops, anil the ca^es when ami
i« here tJiose methods are lit to be exercised. I
doa*t say the parliament cannot do this, or any
thing else which the^' think proper ; but ihe nic«
tropolitan, their lordships know, isentrui^ted with
this power over his suflragans, or a provincial
synod. And it is plain, the law of England
takes notice of no other power that can reg^u*
iarly deprive. For to menlton but this io-
sianee, if an issue should be joined, whether a
bishop be deprived or not; the Court where
such issue should arise, could only wfite to the
archbishop to certity. And to prove this aaser*
tioo, 1 will not name bishop Siilling^eet, er
any of those great ecclesiastical authorities^
(since possibly they may be excepted against^
aa persons who have loo much interest in \\%m
case to be imparlia]) but it is so laid down bjr
my lord chief baron Atkins,* in his great ar-
gument of ecclesiastical commissions; and by
my lord chief justice Holt, and the Court of
K.ing*s-liencb, in the case of Dr. Watscm^ bi-
shop of 8t. David^s.f
All precedents, my lords, will increase ; and
the scorn and contempt of Ubertjoea against
your lord«»bijis' sacred order is too great, to drop
or to forget a precedent so grateful and pleas-
ing to them as this will be. Every one knows
the destrucrion of the smiller religious bouses,
only made way for that of the greater A tinie
has been ith'en their lordships* predecessors
were all excluded and sequestered \ and it lia*!
heeo attemiitetl, even since the Hestoraiion, to
take away deans and chapters^ I am far from
apprehending any such thing at present, and I
hopoit will never enter into the heart of any
man. But, my lords, t confess I thought as
little at this time of such a Bill as is now before
you, to dt^prive a bishop and dean at <jnce, not
only of alt bis dignities and benelicesi but from
the exercbe of any part of his holy office jud
function : and I will say, that if this Bill should
pass, and by any of their lordships' assent,
such a design will be rendered more easy anil
familiar, and much more unpitied, by all man-
kind.
Give me leave, my lords, next to observe,
with what caution and moderation other par-
liaments have proceeded, even in those cases
where they have thought proper to ejiercise
their legi^laltfe capacity* I pas.« over the ata*
tute 7 W, c. ig, for imprisonment ot air Tho-
mas Coke, 6cc. and many other such cases,
which were too great and intricate for the ordi-
nary course of law, but yet too low and incon-
siderable to enter into this comparison. But
the statute 8 W. c. 5, may be named, f aiu
sure, with that now before you, for the iuipri-
soninent of Coiinlcri kc. cuiicerned in the As-
sassination Plot; against li II whom there f»aa
some positive cfideoce upon oath. Though
the zeal of that parliament can never be qiMs-
• Salk. Rep. 135.
t See bit Case before Iha arohbtsbop, rot
14, p. 447.
M7] 9 GEORGE L
tloned firom id iu:t •• fall of grnkthuile, tod io
Meh tflromt terms and acoeute of loyalty to the
lriii|r» yci they did aot at ODce» and at one nngle
stroke, eat tbetn off from the land of the KTiiig,
aod utterlydeprire tbeu of all the neoetaaries
of life. The lint atep that |iarKatiicnt took
was to pats an act for the detainmetit of them
§&t the apaoe of one year only, not to the for-
leitare and deprivation of all they were worth,
or to the eieloaion of hie majesty's mercy, but
even to leave a discfetionary power of bdling^
within that time, to sny six of the prirv coon-
oU, if they judged proper. Their further ob-
atataeyana impeoitency ooeasioninijf another
not, 0 W. e. 4, to detain them a year Iodm, it
waa BtiH onder the same estcepdon; At the
end of that term another act was made, im-
powering the king to detain them during his
pleasare, 10 W. c. 11. After tbeae, two other
acts pissad, empowering the late queen and his
present majesty to detain them. What the
particular reason of these alterationa were, I
cannot take upon me to determine, because the
acts themselves are wholly silent ; but, my
lords, saeh were the prudent and moderate
atepa taken by former parliaments, even in that
boM and wicked conspiracy.
I may also justly take notice of the prndence
and clemency of the last |Nirtiament, when
there waa so loud and so general a cry for
justice, and when the necessity of the time
icessity or the time
to require a more speedy and extraor-
dinary degree of punishment than the common
law waft acquainted with: but with what diffi-
culty, with what slow paces, and with how
many tender circumstances did that Bill pass P
Your lordships will easily imagine, that the
persons I here speak of are the late directors
of tlie South 8ea company.
It would ill become roe, my lords, if I had
inclination, to iusult the dislrtsses, or to aggra-
vate any of those gentlemen's misfortunes ; but
the service of the reverend prelate now under
consideration, requires me just to mention what a
state of confusion they had reduced the king-
d6m to. How many thousands have felt and
atiil feel the pernicious effects of that scheme ?
Though their crimes had no particular appelhi-
tion, or determinate punishment in our law,
yet the civil, and the laws of oilier countries
could hare told us, tliat * crimen peculatQti,' the
robbery of the public money, was such an in-
fkmous transgrnsion, that the punishment of
it was death, both in the principul and accessa-
ries. How diffurent and how milit was the
punishment inflicted by the late parliament, in
comparison of that, I need nut mention ; and
every one knows, how tenderly anil sparingly
that law has since been executed upon them,
and how much they still enjoy of tbo spoils and
plunders of the nation.
Let us not then follow every precedent that
has been, bdt the juat and prudent precedents
of moderate times, and of good and peaceable
reigns. Let us not be ambitious to surpass the
pfMeedings of violent and arbitrary men, wUteh
we or our posterity may have cause td repent
I
Proo9eiings agmmi Bishop Atkrh^,
of hereafter ; bat let us Imitale anch Ml
are agreeable to the law and constitution,
M niv gronnded upon true reason, and tfie
ciples of exact justice.
Having thas spoken aa to the method of
proceedings in general, and ahewn (in
meaanre, I hope) that they are contrary t
public wisdom, contiar^ to the known ru
law, and the common right of the sobif
ahall, with yonr lordships' favour, next
mine the foundations and aoftgestiom of
particuhir Bill. As for those ^eral rei
and allegations with which it is introdncec
upon which the counsel for the Bill have
so mnch time, there is no necessity, as Wt
ceive, to answer to. We are here before
lordships only as oonnsel for this reverend
late, one single supposed conspirator; s
would ill be^me uB in the least to contn
that there hu been a conspiracy Ibrmet
carried on by some persons abroad, an
others at hoihe, after it has been so sole
resolved by both Honses of Parliament. '
can we deny, but that Mr. Layer has
tried, convicted, and attahited of it i but w
yet to seek how these things have any rel
to the case now before yonr lordships ; or
that unhappy gentleman's case comes I
connected and made part of my lord bish
as it is by this Bill. We may justly ap|K
every one that heard or read that trial, wb<
this reverend prelate's name is so mud
mentioned in any one line of it ; whether t
are any gprounds to think, from any of
gentleman's papers or examinations, tlial
lordship was privy to, or in the least conce
or acquainted witn his person or his intenti
and 1 dare say, his lordship is as much am
at the rashness and folly of his schemes, i
detests the wickedness of them. Notv
standing^ which, it is his misfortune U
charged in this Bill as a principal actor an<
rector in the framing and carrying on of t
very schemes and designs for which that |
tlerban has been convicted. And as to the
phcrs and papers of Phmkett, I am as mu(
a loss to imagine, upon what grounds *
should be given in evidence against the Bis
since it is not so much as suggested in the ]
nor is there any thing throughout the Ri
or Appendix, that in the least charges his I
ship with any intercourse or correspond
with him.
Jt is strange, my lonis, that persons* thoa
and intentions, so widely distant in sll o
respects, shoulil yet center in such unnai
projects and wild undertakings, without s
previous discourse, some consultations, or
qusintance one with the other; and ye
strange and unaccountalile as it is, this reve
prelate is charged in the very same manne
this Bill, with consulting and endeavoorin
raise an insurrection, to procure a for
three to invade the kingdom, and cormponi
with the Pretender, and persons empleysi
htm, imon'ing them to be so emplojfedr
if Itoe fiwts, my ktrda, had been Mf
SS9] and otkers^for a Treasonable -Coiupimcy* A. D. 1723*
[530
kgilly iiroTed, I shoold bare rery little to ny
ia bit defence, but humbly entreat the mercy
lod coinpmasion of this honourable House ; for
tbey are oflences in themselves so great, that
00 the ooe baud they are not ca|)able of a{;ij^ra-
TilioD, nor on the other of excuse or diminu-
tion, by any things I can &ay. But if the facts
fate oot been prored in the whole nor in part,
fte hire atfirmation or alle((ation of tliem is
oriy * brutum fulmen/ and does his lordship
m ■or« hann than any other innocent man,
vftose misfortune it is to fall under an unjust
aoesMtion. Or if those circumstances which
km been proved are not criminal in them-
Mlm, tbe^ shall not, we hope, by inferences
mk deductions, be hei(i:hten*^d into crimes ;
mk the number or complication of them shall
Hffv make them exceed their natur?. And,
■y lords, we hope, that notwitliittaDding all
M bas been affirmed, allej^ed, or proved, this
imiiud prelate can still say, not only in the
faa pf law, but boldly and with a safe con-
nice, and upon an impartial and serious re*
•BecUon, that he is not guillv of any one
tf the charges contained in tiie Bill : that he is
HI OMMcious to himself of any one treasonable
vvrcvercnt expression, or of any one degree
tf o&Dce committed by him, with respect to
■d of iboHff charges. 'lie can still say, that
k bas not acted in direct violation of his oaths
Ml oUiieatiouS; nor to the scandal of religion
• Ui boly function. I am sure, my lords, I
~^ ' ' oot take upon nic to say this for liis
or any man alive, unless 1 thoui^ht
a full and positive answer to every
iiigtbat has been s^tid; unless I was eerily
pBwailed we had a suihcient and a Icc^al proof
UtoooaDter all that has been o/Tiited on the
iAir side ; or unless my instructions told me,
Att many things in the course of their evi-
^■eo are utterly false and groundless ; false,
IftT.as we shall prove (if my instrucliuns are
r the fullest prodf, and the most satis-
eviilence that is |>ossihle in the case ;
arguments and reasonings us we think
in dear and undeniable ; by some witn(*sses
VOitfer saw nor heard of before* consequently
k Ipore credible and impartial ; by others,
Vbam I am sure we had no opportunity to lead
* iartruct ; and all (as 1 :im informed) glad,
"^^il is cousisieiit with the rules of your lord-
? House, to receive their testimony upon
In short, every circumstance, every
of the evidence produced against us, your
' ips, iu the end, we hope, will find turn
1y fur us.
re is one thing which I take for granted,
iho nature (if the evidence that lias been
I, that it is admitted as fully by the coun-
Kbe Bill (as if they had said so in ex-
tcrma) that there is no Ic^ral evidence
■^ bio lordship in all they have offered ;
tUs extraordinary method of proceed-
I llua new sort of evidence, had never
X Sf. Nay, I am sure, it is a sort of
-fM Iboto learned gentlemen, so well
I ■aiiiodi lud Aotions of lavr , to maia-
Xtl.
H'
*»y.as
J»Uy
■ttry e
'If Mich a
tain so naoy gross paradoxes, which have not
the least colour of a legal, or even a reasonable
e?idence, and would never l)e allowed, they
well know, in any court of law or equity. And
tiiough your lordships have been pleased ta
permit those papers and letters to be read^
your lordshi|is did not (as I apprehend) finally
declare or determine them to be evidence ; but
were willing to hear all things, and af\envarda
judge how far it was reasimable or fitting to
admit tliem as ingredients in your lordships'
judgments. And whatever opmion your lord«
ships might be of on the two former Bills, a»
we are strangprs to them, so we hope we are
not precluded from offering any thing farther,
why they ooi^ht not to be allowed in this case.
If It be your lonlshiits*' pleasure at last to ad«
here to that opinion, or to resolve tbe like in
this case, we must submit.
If there is any thing* certain in hiw, or
agreeable to reason, it is ibis, that in all cri-
minal charges, the e?idence ought to lie clear
and positive; and that the higher and more
heinous tbe nature. of the charge is, the more
clear and undeniable the evidence ought to be
by which a man is convicted. Now 1 beseech
your lordships to consider at ono view (as far
as it is possible in such various and perplexeil
facts) the methods made use of to prove bis
lordship guilty, and what they have offered lo
your lordships umler the name of evidence.
>Vhere words have been capable, and some-,
times where they have not been capable of two
senses, an arbitrary and invidious interpretation
has been put upon them. Where words have
been plain aud nroper for the occasion, and
which, considered separately by themselves, it
was impossible to put a criminal gloss u^ion,
the uritcr is supposed to have some mystcrioua
meaning or double entendre ; or else tbey are
complicated and thrown together with those
which will infer some criminal meaning. In
other letters the names and words relative to
men, are supposed to be used for those of
women, and the proper and usual appellation
of women for those of men ; and because one
fictitious name will not answer all they would
have it, the names arc often shit^ ; one and
the same |>erson is supposed to pass under seven
or eight different denominations : and often two
or three names in the same letter, within the
compass of two lines one to the other, are
urged to stantl for the fsame {H-T^on. Somo
letters which are writ of another, and speak in
direct terms of a third person, they would have
to mean the writer himself, though as often
without any name, date, subscription, or sur
|)erscriptiQn at all. Books of account, manu-
scripts, anil common mercantile terms, which
S'*eui proper for the |ierson and the occasion of
the correspondence ; aud the name of stocks^
which every one know the true meaning of,
and carrit-s all the appearance of reality, are
very particular and exact in the current prices
at that time, by a new kind of metaphor, are
to be taken in an ill sense. Others, which
are only to be iofonucd of the diftemper uf e
Ml]
9 GEORGIA I. Pr^cȣng9 ag&ha BUhep AHerhmjf [SSI
Irtend, tbe variatioiifl which happen hi it, and
the opiDion of doctors upon it, by a straofe and
wbitranr coastniction are applied to ezplaio
Tery different purooiea : and as if they were
sospidoas even or their own susiiicions, and
dtstmstibl of these explanations, they call in for
aid several di^ointed fragments, extracts, and
■craps of papers, which no man hut themselves
«an tell what to make of; and when there
bappen to be some words which cannot he re-
conciled with such a construction, or the oses
which they would make of them, they are
totalljT omitted, and we are told they are sot
material, or not yet decyphered, or not legiMe
io the original, but your lordships and the
world must intend them to mean something
criminal.
My lords, if such foreign suppositions,
glosses, and intendments, such unnatural con-
struetions, false inferences, and innuendos, are
to be admitted as evidence, and deserve the
dame of proof, I must confess, they have given
yon some. If the whimsies and conjectures
of decypherers, the hearsays and reports of
third, fourth, and fifth persons, are to take
plaoe in your judicial proceedings, instead of
that plain, honest, and positive proof which (he
law rec^uires ; or if the number of facts and
the variety of circumstances could make them
alter or exceed their nature, I must confess
they have oflered some things worthy of your
lorjubifis* consideration.
But if it were your lordships' pleasure to
construe things according to the most natural,
|4ain sense and import of the words, as others
woold have understood them, and in such a
•ense as the writer 'probably meant them, or
in that just manner which your lordships have
bitherto done on criminal prosecutions, no one
can say they have shewn one degree of legal
0^ reasonable evidence, to prove any one sng-
gestion in the Bill. This I most humbly
assert, and, I think, no one can disprove my
assertion.
Thus fiir, in general, of the proofs that have
been offered; Imt I shall, ondrryour lord8hi|is
favour, speak now more particularly to them,
and shall be so far from abridging or alkling
over any thing that has been said, that
I am willing every thing those learned gentle-
men for the Bill have been pleased to offer, or
that honourable committee have observed in
their Report, should have its full weight, and
be put in the strongest hght against us.
It has been observed, that there were three
several methods and times fixed Ibr the exeea-
Ijon of this intended conspiracy.
The first waa to have procured a regular
bodr of foreign forces to invade the kingdom
at the time of the late elections, which was
from the middle of March to the middle of
April, 178S.
But have they shewed yoor lordships any
•videnee, or even one passage in tbe Report of
that boDOvrable committee, that particularly
cbaigea faia lordsbip with bcbg p«ivy to any
CM. of than thnc MgDS thns geiienHy and
his secretary and Mr. Kelly ; wMcIl f^
ys being something ambiguoiia, are hriv-
preted in an ill meaning, by bearscjc iM
roundly affirmed? He ia not dMrgisd whh
bemg privy to either of the three ametiaisli
the regent ibr ibrces. The onljT pasngathrt
can be pretended to contain any impotaiaA sf
that kind, is in the letter sign^ ISST to Jad;*
son, which, they say, there is ftrnmrn take
Keve was from my lord bisbop to the Flp^
tender : but this we hone u the cooiae of m
evidence effectually to cKsprove.
The second desi|rn waa to have nade an a^
tempt at tbe time it was beKeved bis n^irtf
would go abroad ; but all that is insiMMiiBd ■
rehition to his tordship, is contained in ttm m
three obscure passages relating to one JsM%
in letters sakl to have passed betwees JMn^
or
sagesl
preted in an ill meaning,
Neynoe and Fancier and Plunkett^airnkKf
Imt cannot, without the greatest abauidiy,it
thought to relate to his k>nhbip.
Two of these passsges relate to i Liciihaii>
of money, which they insinuate the biibip
was to furnish ; but it amounts in- the vMe
to no more than the bare hearsay af act
man, and an arbitrary interpretatkm cf 9mm
expressions in the letters of two athctiy (la
either of which his lordship baa not uilb
least been proved priv^ ;) and the whole d^
pends upon a supposition, that Jones htn^wtt ;
elsewhere in the oorrespondenoe, means Uai'
which depends agam upon another maffmh
tion, that the Bishop dictated thoae thi aa It it
of the 20th of April, one of which nt mgmk
Jones ; a supposition whioh we hope Ithamlt
to prove absolutely false, and by that OMMt
shake the foundation of the whole charge.
The other passage is in a letter from DiMfr
secretary to kellv, about Jonea's fitting aii
providing himself with saddles ; which M lbs
same methods is explained to mean soUmi
and regiments which his lordship is aa|ipoNi
to have undertaken to procore : and t Ibl
words are to be taken in that aenae, and ip-
Cied to him, he must likewise be anpuasei IP
ive undertaken to be at the headoitbsat
which, considering his lordship's funeUon,sf%
and infirmities, is so absurd and ridicalii%!
that, instead of apending more ^ ^[O?'*'^!!
shins' time iu answering of it, I ' "
make use of it hereafter, aa one in
(among many others) to shew, how meeb tyfv
are mistaken m affirming, that, wherever JaMIs:
is named, his lordship is to be un
The third and last design, though 1 bmI*
confess the roost enormous, if it wcra inHt^
because part of it was the seizure of hk ■•*.
jcsty's person, was to have been put in enacv*
tion at the breaking up of the camp. Bnl^ I'
am sure, there is not one the least hint tbrosgh*;
out all this voluminous affair, that hk lim
ahip was concerned or privy to that. *
And therefore it is surprizing to think f^
what grounds his lordship can be (aa hel
the praamUe of tbcBiU) cbH^cd wiifci-
been deeply concerned m ibnnln|^ 9pr
thk conapbncjs wkloh» arjip
t ^hers^/or a Trsasonable Conspiracy,
17*2%
[534
of Ihoflse three se? ere)
rounielt iude«(l, Tor tlie HiH^
ared by ilivers irtetlio*** ftiul re«-
iame little cHT.iiinstntK'egf and seem*
rititiat, to cthar^* upon bi« li>ni&tiip
' I t correstKHidence r and iboy
[reduced It these four licftds:
ietten tuid to lie dictated by his
rote by Relly lo lord Warr,
tb« Pretender,
ktlen laid to be wrote to the
'iotiileaieesof circumfttAEicest times,
in the itilercetited corresp<indeiicv,
I beb^f M* the before- uk til t(»ned
tupposed facts,
idi 1 sbatl rodeairotir lo give Bome
I enter upon tl»eee p«rticiiUr«,
loobeerre to your lordnbifia,
€vide«ee i« to be countfrnaoced, it
ipwer of etiy ti^o incDt tlie one
lOlliar be3*oml sea, cfciiing^ m ac*
mcunittaiicesand niotioDf of a third
1 ATtiftcia), ititeroepted corres[iODd>
m what siMpietuna of bim they
yet he be all th« while innocent
of what is doing. Whetber that
lirre, I shaU allerwarda aubaait to
i'judgvienla.
Hiibarkable^ that in all the in-
to and fro, there are
ifm or 'Hfscnpttoaa which any waya
to, or of whom tbey are written, but
De which iirc sapposeti to relati? to hia
and in ihem, as the counsel obsenre^
laaid and done in such a manner, and
cUvamstancec, as lead di*
and him only, Aod this being
im th« eaatioD and reserve prac-
tn stances, fsarries ifi it some
ka of fraud and cootrivanoe.
1 humbly apprehend to be the
lae theve baa been no proof of
meelioga or oooaultatiions^ with
lowanU carrying on these de-
m a man can oonapire with him-
natf except that it is barely ai*
« membor of the UuHurd club ;
i«aenioD tkat iMOOutublc
Me of.
icttt wbiefa
» ptvoiw (tbo«fti said to be
\ Ias ainee met with, is now
aa to need no manner of
•i JMily obserre, that titere is
ttiis reverend prelate of
ar espraasitio, ^tum the
If'a aeoeaaton to the throne ;
(as your lurdahitMi
» my pariicutar about lie
nsf el the totb of Jitoe,
I ftre tfacm an account of
Inr UfetlMT s aod Ibviagb alt his
f «iM, AOl <#• Icltar, ar paper,
under bis own hand, produced of a criminal
nature^ or pretended to hnve been aeeii or in-
tercepted. Not any one letter intercepted that
is pi^tended to bate been written (o him» much
less any proved to have been received by him,
the matter of which appears to be treasonable,
or any ways criminaL My lordn, I must own
a (j^e^t crnseqt]«;nce is drawn by lliat ho»
nourahle committee, because a gitiai quantity
or letters and papers were found dateii before
the year 1712, This very objection was mode
in the accusation of bis lordship's worthy pre-
decessor, aiK) a slight answer saiiatied bis exa*
nunauts ; and the plain reason is, that his lord*
ship at that lime had a aettled eorrc-spondenci
with many eiriiueot men on matters of learn*
log, which he esteem eti so valuable as to pre-
serve : but since the finishing of Lboae coa-
troversies, be had ftesa occasion to write, and
bis lordship's merits having called bim up to a
more high and busy station, he had less oppor-
tunity lo write; and he that writes hitlc will
receive but Uttle. From thot year therefore
(they jttttljr obecrve) few of any consequence
were found, and even those lew (if no other
than what are printed, and as yet produced)
we beg- leave to say, are of no consequence at
all, to support the inference drawn from them.
The first, I think, is from a great lady ; but
so general and uncertain, that it does fay no
means warrant the conclusion drawn trom it :
for it does not so much as appear to hate beea
a letter, or what it was that was end cued.
And I beseech your lordships, what more cait
he inferred frorii captain iialstead's iKter, the
contents of which are no more, than that a
neighbour, as captain Hiilbtcad was to the
Bbhop, desires leave to dine with bis lordship
on a Thoraday, which wits his public day in
company of ^ other people ? 1 must conlese
they have laid a stress upon the character of
the man in their opening ; but nothing more
has been proveil, than that he was in a ship by
some name different from his own. Another
letter that was said to he found ainoog his lord*
•hip's papers, wus that directed to Uutioia*
But this, my lords^ I shall beg leave U> reserva
for a ODore proper occasion,
I sliall now c«Kisider the four several cliargea
against the Btahoa : And the first arista frooa
Neynoe and Fancier's inftirmatioos, all oera
hearnays; some from livin^n', aod sumefroma
dead person; but positively and capreailv
denied by the living p<irson9, from wbooB audi
informations are supposed lo liave cooM.
All that Pancier'a taibnaatiociB si^, rdatio|r
to this reverend prelate, is, that one Hkeenetold
him, that the bisho[» <d' Hocbesier had iba
principal direction of the eoui^piracy ; and that
900,000/. had been raised and put into hia
management. This Hkeene, it seems, is still
in custody, and your brdiftbips will bear boir
far be will support this charge.
Though the very aecnaatm itaalf wa b^^
leave to call absurd and iooredillif UmI aooh •
mm of ii»oney aa 200,000f. oonW be raMNl
aad dapotttadiB tMs oMUi'k liuda, and not j«t
I
I
S35]
9 GEORGE I. Proceedings afrainst Bishop Aiterbury^ [53D
traced up to some of the contribntors, or to the
hand where it was depobited, especially irheu it
19 eharflrefl upon a person not used to deal in
merchandizes, or remittances. Thouj^h the
counsel for the Bill have slid over this, yet be-
inpf often repeated in the Re|M)rt, as if there
liad been some weight in it, 1 thought myself
eblijred to take notice of it, though it is so in-
credible, I contisss, that it is scarce worth re-
DlOVlDfir.
Of Neynoe*8 informations, your lordships
may observe there are four, but none of them
sworn to nor sii^ned ; and. it was expressly rc«
solved, in lord Awiley's Case*, by all the judj^es
of England, that no examination, without oath,
ought to be read except of the party himself that
is tried. They are all either of a date sub-
sequent to his lordshi')'s comraitmcnt, (and
therefore till then thought inconsiderable, and
not worth reducing: into writing,) or else they
sre of no date at all. One of the two without
• date appears manifestly to have been taken
sfterhe was seieeil, and brought up from Deal
in September, which sufficiently shews what
just distrust there was at that time of his cre-
dit ; that on the S7th of September, was on
the day before be drowned himself; and both
when he is known to have been under the
f^atest terrors and apprehensions, in that he
ivas not able to make good what appears by
the paper (marked £. 11, and found ailcrwirds
in his pocket) to have been undertaken by him,
or required of him. It is not said, as to one of
bis examinations, before whom it was taken :
Another of them, anti the only one they now
think fit to make nse of, is an extract only
from three other papers, and said to contain
Ibe snbstance of them ; but the papers them-
selves, out of which it was extracted, do no
where appear. And there are some particulars
in the Report of that honourable committee
which he is said to have confessed, which do
Bot appear in any one of these examinations,
and are of such a nature as to affect the credit
of all be said, and (if produced) would, we
doubt not, in other respects entirely blast the
eredit of bis testimony. And, my lords, if the
examination of a man is thus taken to pieces,
the antecedents and the consequents left out,
treason (and what not) may be made and in-
ferred from the most innooent things and ex-
pressions.
But his examinations, even as they be in
the Appendix, are full of inconsistencies and
absurdities: Inconsistencies, I mean not only
with Fancier's and the de|M)sition8 of other
persons, but^ven with themselves. For Fan-
cier says, little passed in writing in the con-
duct of the whole affair : Neynoe says, there
were many bundles of letters that Mr. Kelly
brought with him from Franoe, and which be
bad seen him write at several times. But yet
they are much more inconsistent witli tbeoi-
aulvfs ; for instance, Neynoe says, in his esa-
viination, marked £. ?, that bs had wmk w^
•8eefQL3,p.dAk
T»^
veral Hters written by Kelly, and sent to bin
from Faris, and otiier parts, but they never
contained any thing material : And yet in E.
8, be says, that he had seen several cyphers of
Kelly's, ond seen him make use of them ; tad
that Kelly with great freedom acknowledged
they were for carrying on the oorrespoDdcsoi
with the Pretender's agents. Whereas k ii
utterly incredible that a man, who bad rnMj
been so communicative in his discourse, asdiT
his cyphers, should yet be so reserved as li
hide from him anything material to his letten.
I n the very same examination (he says) be wm
well acquainted with one Watson, i. e, the fate
earl 3Iarishall,and lay several nights wtthhai;
but after all his intimacy, at last it comsi tit
that he did not know really who he was. Thm
are some other inconsistencies, which hwt
been already taken noticcof by sir GboSbMliM^
which I shall not repeat.
But, my lords, it the persons and oredil d
Neynoe and Fancier were UDezceplioDabk^
yet what they say is only hearsay, or mereafif*
mation ; and was ever that allowed as cvidtses
in any material point by any law, or is asy
court in the world? ft is expressly resolved ■
the Trials of Ldinghom*, and lord Rsswl, to bi
no evidence ; and that it is the first timeitcNr
received so mudi countenance as to be isad ii
judicial proceedings ; and 1 dare say, there ii
no such practice in the courts of lm_ '
abroad. Even common fame and rep
is but of little weight in any case that I i
of. It may, my lords, be a sufficient gi
for an officer of the peace, in some few omH|
to arrest a person, or for a vigilant ministry to
make enquiries, i. e, to accuse or apprehcw;
but was never yet allowed to be a guide ia jo-
dicial proceedings, or to condemn any naa ia
any criminal case whatever. But even wbca
the CoDMnons (in the case of the duke of Buck-
ingham, 1 Car. 1} had declared, that ooDBia
fame was a good ground of enquiry, it wif
complained of, and the Commons aftefwardi
receded fr9m it, and proceeded upon thect*
amination of witnesses, and other evideneeii
and in every article of their accusation theptf-
ticular facts are expressed. Much less vil
your lordships allow the hearsay of one sisglt
man, and only extraets of that hearsay, to be flf
any weight, nay, to be of more weight and aolhs*
rity now be is dead, than if he were living ; ftrif
be were living and could only depose by heuisyt
no one surely can say it would be admitted tf
evidence ; but since he is dead, and ws hafsH
opportunity of cross-examining of him, «bf
ought not bis lord>hip to have the advasiif*
of it, as was resolved in the casc^ of the lUiC
against Pain ?f Or like the known case ef ft
man dying in execution, the law is i
and his creditor is without remedy?
cannot be denied, hot if oos of ouri
bad disd, and a ptisoo bad I ~
wbH bo coulAnj. «• r
mtd ethers, for a TfemonahU Conxpiroci/^ A, D, 1723* [53S
lICitiQiODy; anil where tliere Is
~ i« ihere mi(fh& io justice lo lie
nd coii8triiction* And ytft thi«
Son and suppart of the whole
un^ hi« tordsUtp, It is upon Ihis
It; - jjirtj^yly th«t it is nftirmeil»
i»s untruths, that the Fre-
^ upon adtic(.-s from the
Oni any olh^r persons. But
irv ('\\t' U in llierw, with sub-
.imonntii to no more
us heard to my^ whni
k.eUv 8Jry, what Kelly must have
oib«r person^* say» what tliey hud
tnder say, what Jieilher ihey,
le, mer had rtinsoD to say,
•y Tordi, there is istill something more
t iti whxt iH now attempted ; for the per-
1 Il'I tiiey heard aU this,
it niu!>t all be retiolv-
: ' are SO far fi'om
I I hey have heard
t i,,, y *..,..,*.., ly deny and con-
T iiftl of it. Oneof them lius al-
I if my instructions gre true) in
n manner Jt y»tu' lordships* bar^
J* now ready to do the an me.
i waa «o conRnuus to himself of Ihe
[whftt he l»ad said, that he lo«t hi« life
punishment that mtj(ht o1herwi<Ee
I *in hjm, (for his ili<£ht^ my lords,
^ her sense a r construction.)
J !► tend himself in danger, if
riiAd said viafltrue; but, on the con-
had remKin to expect rewards, if he could
MA the truth of Ids inforiuatioii. Charity
At DOW, my lords, to say any more of
nJcaa it be thouj^ht requisite to prove the
nf liijt information by his own free and
Uy coof«stiionf oikn repeated and con-
' W atfrnngert and indi^erent persons.
fmv in^truciionsare true) we have those
1 rtilly to it.
lid the principal part of their
wo lake away thiii foundation,
I y «»pef»tr«rture raided upon it
the (ground, and all ttiinr «nirrobo-
iSkm\ concurrent circumstances mu^l
bing.
ad head of arcuaation against his
^ !^npposed to be
. of April. The
;tin . , 1 ".- ■ ."iii.'d by
nit of J -rave,
nrl^i M.i..t ->j4.,r,; ;,i,,it;npij , n liurd to
HI. wrplaincd tft mewn the Preteodf r,
I laia, ami Kom«tjmc« it in printed lliiM ;
Mnifota which of thcae two ia ri*jlil 1 c*n-
»p«i»*C"' i:^theQitelf«i, I
* the tnsBDiir of
* re Kaid to be enclosed
n nf HiMdnjfne, in a
finary
yaay
^ ^ TUiH IS
leooames
^i<
they are pleased to give bim, he eould bethink
htinself at that time of w» idlier name to sign m
letter enclosing* three of the utmost coDne*
quenoe; and is no incni iih that cait*
tion ami Bohtlety all a I i;)ted in this
corre*^»ondcnce, ihdtit jiidii >♦ rurds no coiifa*
tat ion. But yet (if my instructions are true)
Mr. Gordon, to tvhom tlit^y nre paid to bate
been directed, and ihe only niditff nut person in
the case, and can Ik* utid»>r no soriof iuflueooe
from kience^ has attestetl upon his oath, that
there was nb such letter or packet ever came
to his hands.
And snpposiog these letters were sent^ at
they suppoiif , to the persons they suppose, and
dictated by the persons they suppose ; is thert
one passage in them olsuch a criminal import,
as would be sufficient to found an indictment at
law ? If there is not, they are not to be made
criminnl by arguments, innuendoes and impli*
cations. The case of uir Samuel BarnardistoD|
already mentioned by sir Constant ine, is ex-
presiily io point ; and the reason given for th«
reversal ot that judgment (as appears by your
own JouruaU) is, because the iutbrmalion was
groumliHl upon letters, which in tlK-mselvei
were not crinunal, but made so liy innueodoea
and forced constrtiotiona. Thfrt** is Crosby'a
case to the same purpose, before the Conn of
King's- bench, in Ihe year 1695, who was in-
dicted of treason ; and the ovf rt acts laid in the
indictment, were tor invitm^ the French king
to invade the kingdom, and by sending letter*
and instructions, tiow and where to make the
descf'nt. Though the Court thought his hand-
u riling was proved, Mud the mutter of iba
papers of a very oild and suspicious nature, and
tlie French king frwjuently mentioned in them,
and the indictutuit supposed them to be coit-
trived for to invite him over ; yet they held it
not treas<»n.
And the chief thing that gives any ground
of fciispicion in this case, is the person to whom
they are supposed to he directed : but I must
submit to your lordships, that there has been
no proof (hat cither Chi vers and MusgraVG,or
J II oka on, are the very perMjus supposed, or that
tits lurdNhip was privy to the wriimg of one, or
the other of them ; nor ore ihcy capable of
proof, as we hope immediately to make appear.
tJowerer, for the present, supposing as they
have supiHi«icd, that Cbivert and Mumfrafo
mean Ddlon and IVIarr, and that such Icttcrt
were wrote to them by his lordship without any
ili!<guisc, (unless t' - tt^ .*»rr of llicm, as f be*
fort* snid, were pi nil) or unless yoot
lonUhipM fiiii HUp; ,-^ ,.icy tsuppo^e) somo*
tiling CI iminal contained in the words oot
cyphrfc'd ; and uu1e«s it could have
proved that the pcrsuns writing or dietnting
these letter*, knew them to be tlie Preiender'a
u|;i^niM, ati^f us Huch addresscfl io them ; I don't
know, my lords, bow it could be eoiistruefl «
tri'iisonatiiv or crnoinal corretpoiideiice, either
within the Irtter or inieniiottcJf iUt. 14 W. 3,
c. .1» or any other lu'v v* hutsot^vcr*
For UioujfU ihe latti iorU Mill ii an attabjtfti
4
4
899]
9 <jEORO£ L Pheeedingi agaimi JBMap JUerbmy^ [&|0
IMnoOy it CM't be denied VoC lie is ttUl iomao^
Mutes a salgect of Enfflend, end is no moredi-
vested of liis Batumi allegiaiice, tlMO a baDish-
ed or an outlawed man : and thoogb he ap-
peared in open arms and rebellioo aninst his
in^jesty, lie was not thought so dreadnil a man,
as to have a oorraspondoice with him made
treason or felonv ; nnt that was a necnlhir fa-
Your, resenred m tliis rererend prelate and his
friends. My lords, I would not be understood
to mean, as it the most innocent oorrespondenoe
with a person under such ciroumstaaces, was
prudent or conrenient ; but I think 1 may af-
firm (even from the clause of this Bill) it would
not of itself ha?e been criminal. But (acoord-
ing to my instructions) this reverend prelate
was little known to that lord, and never had
any friendship or acquaintance with him while
in England, and cannot be supposed to have
contracted such a friendship since he was
•hroad.
That Dillon was an agent of the Pretender^
nothing appears antecedent to these letters:
Bor did Marr at that time appear to be one of
his agents, when it was so well known (as that
honourable committee observe) that he was at
that time subsisted by a pension from the court
•f £ngr|)uiri. This pension, indeed, is said to
be stopt Isst August ; but the letter to him of
the 80th of April (by whomsoever wrote) was
some months before.
Indeed, if Jackson had been proved to mean
the Pretender, the writing to him would be
high trea»Mi plainly witbm the statute : but
that the Pretender is not, and cannot be un-
derstood by that name, we hope to make ap-
pear fully« before we have done, even irom the
fights that honourable committee have aflford-
ed ns.
I shall next consider the nature of the proofs
to induce your lordships' belief, that these let-
ters were dictated by my Lord Bishop: and
the first they offer is, because the matter of
them agrees with bis lordship's circumstances
at that time; i. e. his being ill of the gont, and
the approaching death of his lady; which
(they say) is morally impossible should suit so
exactly to any one man else. These two dr-
cnmstances must be allowed to be agreeable to
those which his lordship was then under : but
one would think, my lords, they are circum-
stances so meUncholy in themselves, that they
might have been spared, especially considering
the little use or advantage that can really te
made of them. But these cireumstances were
DO secrets : every one that knew his lordship,
must likewise know them; and whoever wrote
these letters with a design to have them inter-
cepted, and imputed to him (as we hbpe to
shew the case really was) would certainly men-
tion such matters or dreumstanees in them, aa
might be naturally thou^t to describe him.
Or if they were written without hblmowledge,
j[as they will be cleariy proved to have becajh
is no wonder, if the writer, who patwani Ui
lordship, should insert all that wan
Anoilier proof that they wwa dietaM bytii
lordship, they say, is from the snbaaiiptisa tf
the names of Jones, Illingum, and the nonfav
1378, which are all affirmed to denole Ida Isid-
ship : and the reason why thatiUMBbar btlnngi
only
to him is, beoanse the fweypherer
that nuBsber to denote the praper MHM or Itts
of a person beginning with the letter ft. If
this is his real opinion, must that aacda ba in
Bishop? Is there nobody else wfaoon Man «
title begins with the sanse letter?
But, with submission to your hNPdaUpi^ it
gms impossible to affirm even thoa Mtdi wij
If degree of certainty, and h mm^ li
y matter of mere ooniecture. Dr. IMI^
who is allowed to be the bther of tbenriM ,
(such as it is) and was the wonder nod mmm
all foreigners, directly owns, thmt the vHi
.was built upon conjebtures ; and he tfnlhai
the best goess, was the best artist. Batk^wf
lords, is the science of decyphering^. AaMMI
Booh nnoertain and conjectural nramiw B| will
certain eondusion can poaaihly he dmrnft
And it is plain, Mr. WiHo is not so i
he pretends to be, by that number of |
not yet decyphered.
* This reference to the
would have been more
been less general. I
speaker does not exhibit
that great man's sentimentB
decyphering.
-f- ^
In the Oxford folio edition of his Wsilf'
(vol. 3, p. €59,Oxon. 1699), is the foUtsM
letter ; which seems to indicate a very diAnB
opinion :
** Epistolarum CoUectio ; Art zr.
" EpistoU WallisiiadD. Menkeninm, Ada>
mm Lipsicomm Editorem, de Cryptognfha^
metis explicandis.
Ojonti, Jan. t (11), 1695-7.
" Clarissime Vir ; Soribebam anno su]
ad D. Ldbnitium literas; quas, quia et la mm^
dantemus spectant, putarim enm earn te Mi
commnnicaturum. Adeoqne non
ibi dixi.
** Post eas misses; inddebam noperin'Ae-^
ta Lipnca' pro menae Junii 1086 qMS qm — "
jam diu fuerint edita, ego nopenime
Ibiqne reperio non pauca de me mdsi
tis benij^ius dicta. De quo rependo ^
** Ibique, post alia ; de expooendii (aeiy il
loquuntnr, dedpbrandis) oecnite scriptb, wm
fads; petisqne, ntvdimqjnsrdpnMSplalB*
dere.
«* Est autem ea ma^i bborb stndiifnei*'
magnoeque (si roibi dieere liecnt) aagnoM
et que certis prnoeptis oowprehandlnin ffdf
cam ingens sit m ciuhriicaiMiMHBdbfi^
(et ym cwidt fa(Sm)< U faigmB m^
Pnrf
mtd otken,firtt Treasmehle Catujmruejf, A.D.I 723.
C5M
r objection first against the
TMt new Aort of evidettce, the counsel
^wm« pleased to cite a statute id
Us. time, wherein they suiri the word
■ meniiotied, I hive since looked for
annos pli]9 i|uiD4^uaginta (qiium sim-
fuerint ciphrs quain nunc dierum) et
ef)di», in facili ciphrR, (i|uie {irinia (uit
^u nnqiiam Tideraoi^) quaro duarnm
apatio tg|ieraTi,
lea Tern tubinde, ut ferebai occesio,
m mggrtMOj res successit non mate.
id non ila dictum est, quasi apondere
loncs omnioo eiphras me posae dete^
|iflllg€tiim (ftiveub cipbras nimif per*
Ifi^oilifif^ ' ! <:tura» aire ob conjee-
|9t hi > < ( iia) tolertiam meam
t non uiviius nguosco.
»aDteQ) anluum Nit, et dffficultatis
Iram perplexam (quates sunt nunc
^icare ; Id iHinen Heri poaaa ut vi-
ik multifl, unam, quaQi apeciminis
piitto* Non quidem omnium quaa
n contigit diiiicilbmam ; talem ta-
seiatOi an ^uiscjuam diffidliorem
r)eiri>licnvertt
Bnu ^ bione de Be-
nii el Kegis Gal-
I r ^atu^) Ho mam niissa ad
Nu I Cuj us exemplar, idem
tii (ahi^ hteriH iaclunum) ex PoloniA
imaerat, ad March ionem De Croissj
latJiof !^eeretartum,) quod mi hi pridem
manus,
nntltetidam selegi, quoniam
m omnes coisacii ease possint
^fH*>^'m, an necnB.
ibiis uoo numero desig^-
' I in irit.iljirl iioiinisi eX clr-
aliui ire licet.
P «lio fli r lud recle
im fanlc condnnabunr. Nnm ctScri|K
I (nuiti4*rum pro numero ponentia, cum
rm oculia habuerit cfavcm) admti^a
mm iifuet. Quod cl siepe d^ri solet ;
mimm.
I Kabea, primo, epiitolom ipaam,
Buntur) copitim epistole, (ctphrin
Bt ad inanns nieaiv pf rvenil) fideti-
]f^t quam ej^o ijua fece-
. (ubi qii» ^^ciijitoris ad-
if i^'. ;mt omif^KA siijtpleo, sub*
M( lunqunm diveiiNO charactere
hf eanil^'Tn cum inlerUneari
Bldc^na qiJMl qiiiH^ue numerns
f'litn nduiJ!*-;! corrrgOi aut
mi iuieroun-
} Clarem de-
I ca rx Umo ojiwioll cuUiiptur,
p per mmm ai&jfuU pokria exa*
it ?w dcrWia»e^ nl cttviosttatt
TiiMi ad iiffiet%
»^JoMaiiwB> WaumJ*
licki, mUdk §m men*
that stattite, but could fiml nothiiif ^ about i|;
aod, perhaps^ may be miatalicii in tbe ttaiut*
whicii they mean. But, fnf lords* 1 am aiife
they did not toeotton any ^rlicalar Ukl^
wliere it waa e?er beard of, or alb««d wk «fri^
tioned in tbe letter ; and afler tbem^ otbtra mr
tnilar.
Hoadly^in a letter of BntaDDtcns, printed in
the LnnJon journal, August loib, l7'23| makea
the fiillowin^ remarks on this part of Mr.
Wynne's argument :
" Thia way of repreacnlatioij is not at all
enact* Dr. iValtia was a Tery great maD ia
all resfiects, and a very ^rrat moKter of decy-
pbenti^ ; hut never could be thought to he the
rather of an art, which was in beiog many hon*
dred years before he was bom. He knew it
anil had experienced the truth of it, in a multi-
tude of important trials, too well^ to say that
tbe whole was built upon conjecture ; in any
such scDM, as would repreiseDt it a mere ima-
ginary, slight, deceicful atl. In another seiise^
it may indeed be justly said to be founded unoa
conjecture; as the tirst trial of an artist to fioil
out the key to a cypher, may be called conJ€c<»
ture, or guess ; which conjecture be tries by
his rules, applied to the whole writing, and does
not receire it as truth, considered as his con*
jecture, but only as it shall be foimd to answer
exactly in all respects, applied accordiog to the
rules of his art. If it does tiot so answer, be
has recourse to another sod new conjecture,
tilt he meets with one that does ; or till he linds
by the same art the di^oorery to be I m possible*
But, indeed, the whole of this is a satire upon
Or, Wallis, under the pretence of a compli*
ment. For he little deserreil to be stiled tJta
wonder or envy of foreigners, or the admiratiua
of bis own countrymen, if he could spend so
many weary hours of hard study, in an art,
whicl) he himself, according to^ 51r. W, muat
have esteemed so contemptible, as to be nn*
worthy of a wise man ; and, assisting the stats
in d 1^0 verier, which it must have b^n unwor*
thy ufa ^^od and honest man to hare ibme^
if he had mought them founded upon nothitig
but vain conjecture, and uncertainty/*
By what accident Wallis was led, in lC4f,
to direct his attention to the art of decypheriiig
is related in his letter to Dr. Thomas 8niitb»
diitedXm* tf^t 1606-7; which i>* printed in
Hcarnc^s Appendix to his Preface to Peter
I*angtoft*«i Chronicle. This letter is the (tonrce,
from w hie It sre derivetl most of the particutars
com* " " 1 Uitned in the account
whir in the Ceneral Die-
tionarv iitjiuiJL'ai nwi triMcaL
In Davys^s £ssay on the Art of Decypbtr^
ingi ito. London, 1757, is inivertefl a discourse
by Dr< Wallis, being an introduction to the
M88 gif cti in lOSrs, by Wallis to the Bodjnaii
librtlTT. In thia iliflconrsr, the nttthor notices
the difficulty of bis art ; but does not justify
Mr, Wynne'! rtrprei»entntion.
I
But if Uiere are any certaio rulei, or any
reasonable metbods iu decyphering:, f am sure
it is bighly improbable, that persons soounuiog
and wary, as these are all alonjf represented tu
be, should be g^uiliy of such a fatal oversight,
as just to sign wito such numbers, thai all, it
teems, who understand cyphers, must neces-
tarily know to be intended tor the initial letter
of their names. It would, my lords, in my
humble opinion, have been more consistent with
that care and caution, to have made those num-
bers stand for quite contrary letters ; and those
letters to hare been expressed by quite con-
trary numbers ; and there is no doubt, but they
might bare made any others signify the same
thing. However, since the decy pherer has not
■hewed ns by what metho<ls be has arrived at
this conclusion, it is impossible for us, by any
positive or direct evidence, to confute it : But
It is sufficient for us, to deny on the one hand,
what he has on the other hand affirmed, with-
out tdling us the reasons of it.*
That the names of Jones and Illinston Ite-
long to his lordship, is endeavoured to be
proved by some passages in subsequent letters,
and by refining on the matter of them, which
they think is applicable to his lordship only.
I have already mentioned two of those in-
stances, viz. his lordship's own indisposition,
and the death of his lady, which are likewise {
mentioned iu the subsociueut letters, in order lo
fasten the im nutation intended yet deeper on J
him. There u a third, which relates to tlie i
jiresent of a do;;. i
That such a dog was sent does indeed ap- ,
liear ; but that his lordbhip had received it, or
^w it, or had any letter or messa;j:e alio at it,
has not been proved, and he positively denies
it ; ami to whom, or from whom it was really
aent, Mr. Kelly can liest determine, and his
lordship uiust refer himself to what he lias al-
ways affirmed in his examination ; 'and (if 1
am ris;htiy informed) since rc-aifirnied at your
lordships' bar, that he gave it to 3Irs. Barnes,
and designed it for her from the first, and for
her onl}'.
My lords, I should apologize for taking
notice of such minute and low circum^stances ;
but it is the evidence and natun; of the proof
made use of against iis. I should rather have
expected, that ingenious gentleman (the de-
cy pherer^ would have shewn, by some rules of
his art, tliat the whole story of the dng had
643] 9 GEORGE I. Proceedingi agahiH Bishop Alterbary^
dence. I rather believe that, according to the grave, i. e. Marr, in one part of the \i
notions of those times, (tor soon after the sta- neral Dillon in another widely dikUnt
tute was made against witches) if any decy- theotlier, and a learned prelate, tu beii
pberers bad appeared then as evidence, tliey buhition and concern for a little dog ;
night have been in more danger than the cri- way suits the characters of any on
persons to whom it is applied ; mud
circumstances of this learned prelate,
at that time a much nearer concern t
from the deatli of his wife, and wa:
in such great dis<»rder and weakness
The speaking therefore of this presei
wards and forwards, with such parti
cumstances, and the report of it so
ously spread many mouths before
bishop's apprehension, (as some of y
ships cannot but remember) is absurd
culous upon all other suppositions, 1
the design of fastening something on
ship, the point all along iu their view.
lithe writer of these letters bail be
and truly informed of his lordbhip^s
stances, he might, perhaps more propc
affirmed it of his lady ; which it is
writer was not, because he speaks c
living eleven days after she was dei
how ignorant of them tbe writer re
appears by another passage in that vei
where he says, ^' Mr. Jones is come
for a day only, May 7th." Whereas
ship had been in town two days, and si
more, as appears even by their own «
LawBOu and Wood.
By these your lordships may see, h<
forced inferences and constructions, a
a train of ahsurdicies and suppositions
cessary to support one poor, and (if I
inconsiderable assertion, when once v
from Iho sure and known rules of law
A third way of proving these Mters
Bishop's, is from the hanil-writing, '
supposed to be Kelly's, and he is »)U[
have been his lonlbhip's sorrctary
matters: Both which supposlti'uis aVe
of any nroper or satisfactory proof.
The iirst is attempted to be supportc
testimony of the clerks of the po
But bfcfore I speak lo the testimony w I
have given, 1 must beg leave to olFer <
as to their manner of obtaining it ; i
endeavour not to tiansurress your Klld^
resolution : And w hen I mention any
that act of parliament, it is only to s
cautiouK meaaures the legislatu;-e tool
impaniutr this power to thcni, and the
prcben>«ions they hud of the al)uses an>
se<|ucnces that 'might attend it. M}
am so far from endeavdurinu' to bring
daiiffer of a pv^naliy. as the counsel wer
to object, that 1 am willing to siipiw:
been a fable of fiction, and explaintni it to | clerks had proper warrants at that t
something that waa reasonaide and probable, [ lor that narticniar ripening and detainir
which I am sure this is not, to suppose (as the
ietters read to your lordshi|is do aupposi') Mus- '
, — ^ ,
* Aa to a decypherer's giving evidence of
the meaning of fetters without explaining the '
pouiKU of his art, «M 4 Term. Rep. 496.
that lA all which the act give<, and the
it are fully saiisiied by surh a cons
without going farther, and t xtendinj; ti
of the act to that which was not in i
within the intei.tion t purwew of it.
appear to me, my lords, 1 ooofets, h
mut eiiieritfor a Treatomble Conspiracy* A- D, 1755»
[548
I to tjJce copies (for all such acts
^di 'ire In rwrtramt of trade and cornnieree,
10 be ftlnctly and literally coDsn'ii€d)r
it aiti utterly at a loss lo know, from what
" the act it vnn )i€ inferred, that sucb
all be receif t'd as evidence in courts
d not only ftgtiinat llie writer
'''A other persons too.
ifait.' iu I «w parliament (thouj^h printed
al and other authentic collectiont of
baji beta disatlou^ed, whea it has not
oed with the record.* But, my
donU know that a copy of any thing
Allowed as evideDce« but what wa^
t proper aworu otficer, known in law,
* every one may bare acceaa to it ;
B§ore, if false, tnay be disproved by the
But is ibere the same reason here?
can the jjarty ever have an oppor-
» disprof e it, it falsely eopietl, when
^1 la tent forward? <>r, if it were still
e«Moo, bare we any power to pro-
mt m ai|rtii of the ong-inal ? or to have a copy
co^y T And therefore, we hope your
\ will oot regfard that part of the evi -
' It were maieriaL But to coniiider
r lord^ what it is rhcy have deposed of
that the uri^iuiils tvere written in
i liftad with some pa[iers shewed ihetn ;
ibev were told, were ftlr. Kelly's
-mnUti^. Your lordsjiips, 1 doubt not,
v«! the tirae when they depose^l this firsr,
the 'itth of August, and aflarwards
^finrt of January laiit; i. e. the Arst of
rde^i^ivitions four rnotiths, the other eight
after they liad <*wn the originals of
k of April; for^ they were forwarded
at, and the clerks only took copies
li and did not detnin any one orig'tnal
^ifiien tilt their tirt»t deposition ; and
K^waa a Ullle of tlie latest ; 60 that
upon the memory of the clerks
jfhl months. 1 think §t, James
' THai a tnan may even t»ehold hi»«
tin a g^lasfi, but he Is no sooner gone,
[He «ir^itway furge«etb wimt manner of
I W ««■»:** ai»d tl i.-^ much mure impoj»«
k(fi*f any one w> txdClly and nicely to re*
' all iUtf little sti'okJs and dashes of the
t»y whirh the samenrsa or diversity of
ll^n «ii*y b»* ninde o«it.
V That be believes
|K _ ; atid 'tts remark-
IS tiLjt in Jnnuary la^t,
y 4^8 service in May, so
iilii HI h:i»e seen him writt? since
Hv don't Miv be ever read any of
Hijf, or at mn«i tT-" -""-•frription of a
: h« mtyht, pHli Mu write at
dittunrr. iis lift ... ..■.: \ tntt nf the
, . rhat cannot h< to
■ ^ ^ of a mail's h ^'j; ;
1 1 an %. He ihc itrj|»rob:ili' 'greater
h'CitUa itm^'r A" ji«, thn
I tft tliisi Pokke'a Law of ETktaee,
messenger, from seeing tlie superscription of aj
Itrtter to the secretary of state, has likewise,
think, taken u^Hin him to swear the same thing«|
But supposmg these persona had seen 51r«l
Kelly write frec|ueiit1y, ami had, within a mori
reason abk* distance, swore it to be like his hand^l
will any one say, that it is a sufficient, or eve
a reasonable proof, in any criminal cnae ? But J
beeauae Mn Kelly is a!) along attirOfied to Uav
acted in these matters as his lordship*a i
tary, ] must beg v*>**r lordships' patience i
consider, how far tAat doctrine of similitude i
hand^ bris prevailed.
Colonel Sidney's Caae ♦ was the first where^ j
in it wuH ever admiUed a6 a proof in a crtminatl
case; but that jutlgraent wa** afterwards ro«J
versed by parliament as manifeatly unjust. In
lady Carr*6 Case,t Sid. Rep. 4 Id, which \
only an inlbrmation of perjury, yet a lett«2p|
un<{er her uwu hand was positively denied t<if
be evidence; though a witness swore he bo«^
lieved it to be hers. I must own, my lords, tbit^"
case, at the late trial of Mr* Lay cr4 was not'
only denied to be law, but all rnuo deBed t9
make common sense of it : but, with the ut«
most deference to that learned gentLeman thai t
8aid so, I beg leave to menliou the words ofl
Mr J. Ilavtle^ upon thai C4iHe, who was of »l
different opinion : ''*' At that lime,*' says he^i
** when the Case of lady Carr was adjudged^
besides Twisdeu and Keyling, two very emi*
nent judges, I here sat in that coiirl air Waift^
Windham, whom all will own to have been the
sec<md best judge who sat in W«?«tmio9ti?r*hiilld
since the tiestoration ; and if It is not evidence |
in misdemeanor, much less," says he, **^ itti
treason.'* Which inference, bcsideis the reasoa f
of the thing itself^ is supported by the autho* (
rity of lord Coke.
In my lord Prcalon^s Case,{| his band -writing^
was proved by three witncsces, that bad bemd
longed to him while in the secretary's otfioe»i
and must necessarily have seen htm write al
thousand times : but that was uo| all ; for thosft J
papers were seised on him, sealed with UiMi
ow n seal, as he was going to Fro nee in thtf^
heat of war, contrary to an set of parbaiiieuty^
which at that time made it treason.
In the Trial of the 8f ten iiibliop^,^ thesamfl
question arose, whether simiUtmle of hand
was a proof iu a criminal matter '^ and it
not admitted.
In Fraocia'sTnal,** before all the judges ata
the Old- Bailey, it is posi! ' ' ii hy^
the Chief liaron, and not ^^/^
others^ that it was no prtKtf ur r» lunn ^ %n ujielt ;
itnd the letter in that caw would not huve bfoa ''
admitted, hut that it was found by hia* bedside,
snd u copy of the very tame letter entered in
his pocket book, whtcb he had owned and ex*
plained lo womb lords of the coot»cih
• 8ee it itt vol. 9, p. 817.
f Sev vol. 9, p. «6i.
% 8ee his Case in tlie present volume, p. (V|«
It Vol. 12, p. (»45. § Vol. lUt p. Jti3« i
♦• Vd, I5j p. 8^,
fli7]
g GEORGE I. Proceedings againU IBUhop Aiterhwrjff [fi48
In Crosby's Case, the hand-writiog was
sworn to by three positive witnesses, and owned
in one of the papers by the prisoner hinoself ;
yet loni chief justice Holt and the Court held
It no evidence, ** Because one hand," says be,
** may be like another ; and presumption shall
never take place in treasons."
.In the late Case of Mr. Layer, it is well
known, that besides the proof of bis own hand-
writing, the treasonable papers were delivered
by bis own hand to the witness; and 'twas
upon that ground only, they were permitted to
be read against him. JBesides this, he had said
that before the lords of the council, which the
Court thought amounted to a full acknowled|r.
inent that it was bis writing. But even all this,
my lards, was made use of against him but as
concurrent evidence, because there were two
positive witnesses, vi-oa voce, against him, as to
the other overt- acts.
I will mention to your lordships some fo-
reign, concurrent autnorities upon this point,
to shew, that the reason and equity of this doc-
trine has beeii uniform and universal, that simi-
litude or comparison of hands is not a sufficient
$roof of it. There is a famous case of Jeao
lillard, in a book called, * Le Joaroal du Pa-
lais.' He had lived 40 years from his wife,
and then returned and re-claimed her, aficr she
^as married to another. One of bis methods
made use of to prove him to be the same per-
ton, was, the band- writing of letters that had
Ibrmerly passed between them : which occa-
sioned tnis nuestion before all the famous judi-
catures of France, <* Whether the testimony of
skilful notaries, who fully deposed of the simi-
litude of the hands, was a sufficient proof in
this case?" and it was universally denieil.
And yet this, my lords, was a case ni^hly fa-
voured in all laws ; but more highly in those
places, where marriage is reputed as a sacra-
ment, and in favour of which they will ofku
admit even the party's own oath.
Codex Fabrianus, lib. 4, tit. 14, def. 71, says,
« A proof by comparison of hands, is a very
dangerous proof:" ' Idque in causis dvilibus
* duntaxat ; sed in criminalibus, in quibus peri-
* culum majus versatur, aut capitis, ant exist!-
* niationis, non item.' Voet, an eminent mo-
dem civilian, lib. S2, torn. 4, §. 11, to the very
same purpose. And so does Cujaciiis in bis
Commentary on the Novels 73. " The Romans,
Bays he, never allowed it, but when no other
proof could be had. And in latter times, when
forgeries became more frequent, they would
not allow of it at all, unless the writing had
been acknowledged by the party, or proved by
two witnefsses who saw him write it."
And then it was necessary to brine both into
court, that the judges themselves might make
the comparison, and not leave the witnesses to
be the only judges of it.
But it was never known, and I may defy all
the writers of law to shew me one jnstsmrr
that any evidenos of tha aimiiitiiiU «#
(which can oalj hp
was admitttd^ ktt
to be written in the same hand, were miidaoed
and compared : which is so far troro aeiiigtha
present case, that even the attestiag clerks,
who are the only witnesses in the casi
had an opportunity of comparing the i
letter stopped in August last, wuh any ooe of
the three ori^nal letters dated April 90, or with
any of the intermediate letters, which thi^
affirm to have been written in the same baod.
And if it be considered, how much mon diffi-
cult it is to distinguish the hand of one wriliig .
in figures (which stand single one from sns*
ther,) from the hand of one writing in isovdsil
length (which are variously connected andcoa*
bised,) your lordships will never give them fh
least degree of credit.
But at once to put an end to this eridaaiiff
my instructions are true,) it has alroadf i^
peered to your lordships, upon Mr. JU^
Bill, that the only original letter of the tOlh tf
August, stopt as a sample at the nnd siici,
and the only ground of affirminjg tnesa llms
to have been bis, was not his
and, if need be, we have the same and i
evidence to produce. Upon the wfaolo^ tb«f«
fore, 1 think I may affirm, that there is no kgil
or reasoiuible ground to infer thlMo lctt«s It
have been wrote by Kelly.
And surely, my lords, it was inoumbsBl m
thein to prove, as well as to afl&rm, that tkaf
were wrote by his Wardship's directiObv I '
they can affect him; even though the '
(whoever he was) had presumed to liaTC i
them with his lordship's own name and |
appellation. 1 beseech your lordabips,
d(»e8 it in the least appear, that Mr. Kelly, ff ^j
Mr. Carte (as is aflerwardi; upon no bdtaff
grounds suggcsteil) was employed by hblsid-
sbip to carry on that cori-espondeuce? It lia%
I confess, been frequcutly said at your kid*
ships' bar, as well as by that honourable coa*
mittee, but like other charges, without ny
shadow of proof; unless it be an obscure pan
saj^e in a letter of Cliitwell from abmd, to alt
Williams here, D, 27, which says. They hii
a story in France of Weston's clerk bisoglaA
up for debt : which, as I shall afterwardssMr^
could not possibly mean his lordship. Tbcm
is another passage also ui the letter to Dobli^ ^
from whence the same iufereace is iMdi»
What unknown person that Dubois is dontap* ^
pear, or whether it is a real or flictitions naise S ]
for all their lists and cy phers affiird nothugttBm i
it. The committee are pleas^ to anppose^^
letter to the Bishop, and received by nun fM^ '.
abroad ; and from thence infer, he used te«y j
ceive letters directed to him by flctitioasaimmu |
The counsel (or the Bill suppose it a klUifiW *.
himself to himself, because the hand' '
they say, (or rather the letter ^ is so
like hia k)rdship's. It is not signed by
one, and dated only the 16th of *"
witboqt any year ; and thonffh that
art plsaied to aup in '*
«ifrf Gthtn^fir n TremoftaUc Consf^mcif*
A. D, 1725.
£550
|J€«ly*8 accession, <yr hefore the I
■!-
rfr.
■Mil if it
l.^iUi utt
'.'■') I'd all his
the commit Ice are [»leaj«ed to
prefienre thi« only, which is
[i*ence» but to l'Qmt«D eviiJencc
!lf,anil ift f?fpliyn the thii»g most
ir.r jirnof tiinf it is his letter, is
I, uhichf tlie^ sav, li Diade
u.v lUut seizf'd on liis seiTaut
But comi<ltr fi»y lonJs, bo*v
i^ ftre ai Inst corae Id in this
'ie of hands, simiruuile of
luui. ui character*, aiitl siiiiiiitu^lc
ilJft»iU r^fii-^prf-wrttinuf 's no proof f
r' the best authorities i
of one letter in the
i, I daresaj.a conceit perfectly
I v% ell known* artists are capable
Httns^any man's hand or teal in such
nrr, tliEit even the person wh^ise hand or
not be able to dintintfuish it Trom
\ our lordsl^ips yesterday sair an
specimen of it.
n|K>n these gmumU, my ford)i,tbat Kelly
'*Tmed to have been his tordsht^/s
se matters ; but there is not the
^i«rgu ur [iretence of bis bavinif writ any
lotlerm of any kind for the Bishop but
It
11 U iUe I
i snd ft is
vnl
m\ not one thrnughoiit the
e clmrg-ed to hate heen
iluiuijh he h in general
L;cr of this correspon-
we mnst insist, oujc^ht
St proof, and the most un*
-r It is the gist of the of-
of the statute 14 W.
1 1 ar suggestion of this
0 1 uc such letter mij^ht be
irte to the persons t bey are
{(\ uiUiout the Bisliop's privity or
it iji not so uncommon a tliini; to
intance wiib persons of distinc-
' use of their name and aulho-
' -•»•"" ■ -ruater degree of
.... -...^'.ii now to be pre-
► man ba*« proved it trtltcr-
> surdy uujrtit lo suAVr hy
iier, or to ue punitthed for ano-
one will think it any reflection
1 *' y»>tir toriKh)pH*uamcsin tbe«e
'. lind a frequent men-
pat i den ce ; or to find
th Phmketl*« cyph«r^
V kctby ; and pagf e 62
' 'frt the Pretender
Uy, No man, I
I •y ibcir priftty or consent.
By the same rule of justice, und by a parity of
reason, my lord bishop's name may J>e pre*
sumett to have been made uw of without bii
privity or eon^erjt ; and i^ there is any certain
rule or position in law, it is this, ThM aM pre*
sumption ouifht to l>c in favour ol" innoceucy.
And lo shew the little inti mac v there was be*
tween his lordi^hip and Mr. Kelly, (if Rig*
mean^ his lordship, an they supjiose, or thai
letter E 64, i^as from Kelly, as they also sup*
pcwe) it will be sufBcienl to remind your lord •
shipb </ one pmi o^ it, where the writer sayff^
'* That Rig and one Skin had been to-
tfefher ; but the rc»uU of their meeting b#
knew notbingf of. Rig had fixed his su«*
picioa somewhere, thou^i 1 cannot find out
the place ; but you will hear it from Skin, to
whom, it ii probable, he may have conmvuoi-
caied his sentiments that way.*' That is, my
lonls^ if 1 understand the meaninif of thosa
words, thai Kelly, the supiK^setl secretary on
all these occasions, knew noibint; of the
matters, or at least much lets than Skin, wbooi
Kelly had but just before introduceil into Rig*i
acquaintaiice.
Thre is another letter which has Itkewis*
been read, E 4T, (it it is to be imdertitood to \m
Mr, Kelly's, ai they suppose^ and Kijj^ is t^
mean his lordship j thou^Th we are far from
admitting the one or the other) which we de-
sire to make use of, and amounts to a full and
direct eooftssjion, that the writer (whoever be is)
hvid nothing- in his power or knowledge to
charge him with. I have the more countenance,
my lords, to repeat the words of thin letter, be-
cause that honourable committee have let it past
without eifcepliou, fol. 59, of the Report t^
wherein the writer vows, ** He nefer heard of
the cant names of Jones and IUing:ton, or who
was meant by them : that some persona ia
whose power it was to ilo for him, had shewed
no concern at all for his misfortunes ; that it
was well he had no secrets to reveal, since such
Ufmgre mit^ht provokes passionate man/' And
all the world is since convinced he had not,
since no person seemed to be appreheusif e that
he could ^o them any mischief. My lords, I
say, if this letter ii to be ut)der«tf>od ah from
that i^cntleman, wethink we are intitfed to hav6
the benefit of his openuud candid dccluriition.
But however, my lords, if we should uot h%
allowed to make this use of il, yet (if my in-
structions are true) Mr. Kelly fully asserted
this himself at your lordahips* bar ; and even
without it, we %hal1 l>e abie ti> make appear
nioHi pluinly, io the course of ourev ideuce, that
Kelly did not, and could not write tlutve three
letters from his lordshjp'a mouth, or by his lord-
ship's direction.
The date olall three is 90 April ; when thii
reverend pr^kte (as hao been utrendy m^fu-
tioued to your lordbhips^ was dcfprtved of the
use of both hand and tm>t: had for a ^real
while been confined to his room, under the
ijrcatest weakness nod disoidtr, when his lady
lay in the ne:a room, oo her death bed.
Th^e, my lords, and other reourkitble cir-
4
J
851]
9 GEORGE I. Proceedings (gainst Bishop AHeriury^ [558
cumstancesin his family which dittioi^ish this
particular period of time, as on the ooe hand,
they have given the writer of these fictitious
letters some advantage towards fixioff them on
the Bishop ; so on tne other hand, they afford
his lordship a like advantage (in the most pro-
Tiflential manner, I may say) towards clearing
bimseif from the imputation of them. Be-
cause his servants then attending him, are able
to recollect what passed on that occasion, and
to be very positive and particular in their evi-
dence concerning it.
His lordship liappened then to have three
men-servants actually attending on him, and
soroe one of these alwa^rs, both day and night,
either present with him m the room, or waiting
in the passage at his chamber-door ; and the
weather being warm, and the room close, the
door was generally wide open : it was then this
reverend prelate's misfortune, that he was not
able, without their help, to stir, or even to lift
up w h at he eat or drank to his month . Besides
these, there were two women-servants, which
constantljT attended his lady in her room, which
is next adjoining, and c^ame frequently to him
(once or twice an hour) every day with ac-
counts how she did. the Bishop himself being
disabled (for several days before her death) to
go out of his room.
And all these five servants will depose, that
for 14 or 15 days before his lady's death, no
•trani^er whatever visited his lordship, much
less stayed there any time with him. This
(my InrdF) the women -servants will affirm, as
far as their frequent seeing of him gave them
opportunity to make these observations. His
coachman (though now witness against him) has
constantly affirmed the same thing, both below,
as well as before your lordships. But the three
men (one of which was always in the room dav
and night, as I before observed) can be most full
And peremptory in their testimony. 8o that the
Bishop could -not possibly dictate these letters,
cither to Mr. Kelly, or to any body else,
without the privity and observation of some of
tbero.
This being a negative, it is impossible to be
more fully proved in any case ; and nothing
but the remarkable circumstances which hap-
pened at that time, to which the writer of those
letters unluckily pinned them down, could have
hel|ied us to so strong and undeniable a proof
of It
^ Whether Mr. Kelly was ever acquainted or
Tisited his lordship, indeed 1 am not instructed ;
their evidence, 1 am sure has proved nothing
like it, nor is it material, much less criminal.
But as to the particular time (12 April), when
Mr. Kelly is supposed to have told Mrs. Barnes,
and she is supposed to have told Mrs. Levett,
that his lordship sent his coach for Kelly, we
ahall expressly prove the contrary : and be-
sides that is only hearsay of Mrs. Levett from
Mrs. Barnes who denies it, and hk
disability at that time to reo ~
aay (my lords) baid6it)>«^
braMrkaUotiiililH
(who it seems were directed to keep a diary of
every bodv that came and of all that bappoied
in his lordship's family) say not ooe word of
this remarkable incident, in either of tbeirdepo-
sitions. The coachman has denied that he ever
fetched Mr. Kelly in his lordship's coach mioe
he lived with his lordship, or ever waa at
Kelly's lodgings, or that he ever saw him «r
Mr. Carte in bis life-time; and sorely their
silence (if there were nothing else io thte cme)
is sufficient to infer, that he was not thete it
that time : and all Mrs. Kay and MaloM
swear is no more, than that they don't ie«
member Kelly lay at Mrs. Barnes's that Than*
day or Friday (the first only speaks in bsr
pnnted deposition of a Thursday or FiU^
about the middle of April). And how is itfii-
sible they should remember the time soeaucdji
for neither of them bek>nged immediataly W
Kdly, bat were only servants to Mrs. BaiM^
who had other lodgers in her house? Thar
did not even make these a6Uavits till the M
of February last; and it is no eas^ matter Is
remember such an inconsiderable circumstassa
of a lodger (ten months togetlier) unless tbcj
likewise had been instructed before hand Is
keep diaries of Mr. Kelly's motioni.
The third general charge against my Lori
Bishop, is the receiving of letters from abnid
relating to this conspiracy.
Two instonces only of this kind have bssi
K reduced. The first from Motfield (interprded
larr) 11th of May, addressed to lllingtoo.
The other firom Digby (snpposed to bs
Dillon) 14th of July, addressed to Mrs. Wcslos.
Neither of which (do they pretend tony)
came to his lordship's hands, or if they bM,
that there is ooe criminal word conteined in
them, and consequently could not he (as 1 be-
fore proved) a treasonable correspoodenoe^
within the letter or intent of any law.
That of Motfield's is a mere letter of friend-
ship, (and (if from lord Marr, as they suppose)
is to a person with whom he never had either
friendship or acquaintance ; but really seel
designed for no other purpose but to nx npsa
his lordship the letter directed to MusgravasC
the 20th of April, (for the same reason intsr^
preted Marr) the receipt of which is there so*
knowledged ; and in his words of oondotenes
there is something, which, it is said, poiatt ^
out his lordship's character and fonctioB^ |
though, in my humble apprehension, ni
applieable to his lordship, either as a
or a clergyman, than to any other perMo ; oh
pecially if it be considered (as it really ii^ the
style of a letter of compliment. But if tbs
letter itself, to which this is pretended tabs
an answer, lihould prove to be a mere fidiflsir
the answer to it (though it were criminal) to0k
fall with it, as a part of the same oontrivasofc
And aa to the letter from Digby to WesMi^.
thoogh that honourable committee seen ts UT.
' by printing it at IcH**
era is ttothiog IB it tb^ I
and otierttfor a TreasonftMe Cutupiraey. A. D. 17S3.
\m
iltli^ mod ihc concerns rvf hi«; ^wmWy^
|i09S]btv bp unulicd to him. It iiiipiiry
iNfis tjV V ill slate of tiealtli
5t) and > in i^ r«;at disor Jei- ;
• iitft lor I I s]>ei&k it, my lords,
T«*^n k J . as well as llie ti?«U-
il clt^r^y of hts diociese, and
' fi per^rclly well, and al>le to
I iUl lUe unlinnry bu^iinesn of his diocese
incnr* and had li^en &f> I'ur iil>ove tivo
_ m^Kf N the honour \i that time
^ tviifi his lurdship in a very le*
kte enquiry ; and the disorder
it means the death of his lady,
''^ (« meant by it) had been
pace of lirae'
^ I liat Kuch a mistake Bhould
k by the person (^vbom the name of
is supposed to drnote), if nrhat the He-
S9, and the Appendix D. 32 and 29, in-
it be true, tiiat \y/o letters h^id some
fore b^eii written to Dii^by, or his se-
r the one (July 4,) assuring, Westou
rer better io hia life, the other (14 July)
1^ be wait then perfectly well. But it
wore improbable, if your toi dships will
r what itiQt honourable comraittec have
bsiErved, in the very ^ame leaf^ that the
CMft of ibese two eorrespondtnts were
pi ^*^^ .|.(r..5.pnt, as to lay no sort of
ion i ry or intercourae between
and ::..: i^-iu.uland only conclusion (we
Irom bcDce, is, that the letters on this
iill«r from this or the other side of the
nsim^ be G^enuine ; and (hat no fair or
oartetpoodent could be guilty of sycb
listakes,
iif both tbeae letters from !(]ot6eld and
your lordiihipf have (I doubt not) ob*
Itiat there ta no pretence of proof, eon-
the hands in w bich they are written ;
ly would have been niore rec|uiiite,
I 'i I i)f fei|;ned names, to aa-
.vis«» arty one who was ac-
iiii ntii u tiames might write letters
T side, as coming from tlie pcr-
" V those names, which they
r dot of.
,L of thes4j letten by his
not been proved, so there is not
liniuaion or pretence that be ever an*
klirto, Uioui^b they both bear date long^
m Uprdship^s Cfiminitment.
part of the a«4ife:inc» ilierefore, for
% hia lordship with a loreig^n corre«*
^ under fictitiaun nanifs, was not so
contrived as t hi' former; and seems,
Mfgron^rii
iMMWjr II-
lit bcr^' bet: l<
^^JBp 00(
have proceed -
iiuch worse in*
I,. ..i-r, :,. .
. the
r,_i vants
i counsel
. V iliere were
III It. If there
) ufit have been
Why ihercfoita ab^mld it be
ouy argument a (gainst him, became there is no
such ihiufjT? Matters areata very low ebb.
when such trifles are relied on. lint there ia
auoiber reaaun. The letter I sup|M>se to have
iKen intended for some nearer intimate friends,
and to such persons there was no need of m»k*
ing such a profession. They knew (whoever
they were), and were before sutficientJy per-
suailedof his tordbhip^s tnnocency, and that it
wus impossible he shnuld be guiUy of what ia
laid to his char^^e. And by what has already
appeared to your Jordships, 1 may say, thia
reverend prelate had no need of making such
an ajYologfy, and that the persuasions of bia
friends were not ill-f^rounded.
The fourth head, to which the charge
ai^tost his lordship may be reduced, is the co*
incidi^QCe of circumstances, limes, and feigned
names in the intercepted correspondence, to
induce your lordships' belief of the before- roeti-
tioned bearaays and supposed facts, that hii
lordship, and he only, is meant by that cor*
respondeace. And tne chief observation about
the CO- incidence of times and circumstances
relates to the three letters of April 20, his lord-
ship's illness, and the death of bis lady, and the
present of the dog, about the same time. All
which have alrea*Uf been accounted for, either
as truths publicly knowo, turned by ii^norant or
malicittus correspondents to ill purposes, or aa
absolute falsities, as will appear to your lord-
ships by our evidence.
1. As to the article of times, of his lordsbip'a
coming and goiu^% it munt be owned, the pen-
men oi these letters are sometimes rigiii, but
they are as oflen wrong-, and the mistakes are
of m(»re consequence to destroy what is in*
ferred from them, than the real agreements, in
point of time, arc or can be to estubliMh it.
There is no doubt, but the correspondents on
this side (whoever they were, anil whether out
of malice or vanity) apprized themselves as
well as they could fd his lord4n|rs inuiions, ia
order to g^ive a colour u\' prohabiltty to what
they said of him \ and yet it happens, that out
of seven instances occurring in Ihtse letters,
and reftirre<l to in the Report » three of them (if
not four) arc plain and groNs mistakes ; Two
uuly are true in all their circumstances; and
of tlie other two, it may be doubted whether
tbev answer the truth in every respect, or not.
^irsi, as to the two doubtful instances, one b
40 pag. lUp. O* 29, where June 14, <j. WT,
writes to Uuitwell, ^* Mr. Weston is in tbe
country, 1 saw him two days ago." If these
words mean, that he saw hnn two days ago in
the country, ( VI hiL^h is the most obvious aenae
of tlieni) then the assertion is false ; for hia
lordship came to town June 12, m appeared
yestcrtlay by the coachman^s hook : But if tliey
tiiean, I saw him two dsiys ago in town, tbeo-
the asttertion may be true
The other instance is Report 51, 52, D. 14*
Somebody w riles July 36, to MajKonneuve,
thut Itig and 8kin had been lately together,
Hiid that Rig went into the country tbe day
afler. Npw by dcpoaitiom 0. i8| a *ppcM^
855]
9 OEOHGE I. Proceedings against BUhop Ailirhur^, [556
Ibe Bishop went out of town Jul? SI; lltey
must ha?e mft therefore on the 20th, which
don't wf;ll answer the word blely^ which one
would titink imported 6 or 7 days more. And
therefore these two instances we set aside, os
awther plainly true nor plainly false. The
three ne%t ure manifest mistakes^
In Hulfield^s Uiter to Mos^jrave, May 7, it
is said, Mr. Jones is couie to town only for a
day, and yet (if Jones means the Bhhop) he
Iiad been in town two days and <;taift in town
tliree days long-er ; for he came 5thMay, and
returned 10th JUay* as appears by Liawson
and Wood's examination.
So in a Utter of J. H. to Dixwell, June 12,
It is said, Hig (stip[>osed to mean the Bishop)
Ib, I hear, in the country ; whereas bis lord-
ihip was at Westminster, June 18 and 19, as
' appears by the coachman's books^
In a letter to Maisonneure, July 19, F.
59, Rig^ is ajfaitj said to be in the country,
' whereas bis loi'dfthip was at Westminster that
very day, and continued there till the 2lsiyas
\ appears by the stime printed depositions.
And the mistakes in these three instances, are
I ^hc more remarkable, because they all affirm
bis lordship to be in the country, when he po-
vitirely was not ; whereas it was ten to one,
but that even mere guesses had been true, at
a time of year that CTerv one almost is in the
coantry; and bis lordshtp was realty ten days
in the countrTi to one that he was in town,
during* the whole summer.
But^ my iordi?, I most witli some rejj'ret take
ootice, that none of these mistakes are acknow-
ledg'ed in the Report of that honourable com-
mittee, though all (he letters and passages are
transcribed in it, particularly thalofthe7lh of
May, E. A'l, These words are inserted in the
Keport, jiatje 41, " I^lr. Jones is come to town**
But the toUowiug words •* only for a ilay" are
omitted : and >et the sectiou concludes, that
It agrees with the enquiry mnik at that time ;
whicb indeed it docs (as far as it is there quoted)
though not w till the Append. E. 42.
What enquiry of this kind was then made,
and with what views, we cannot say, unless we
may suppose it to be made by his neig'hbour
l<awson. If it was, it is strange that he could
not depose from his own knowledfre and ob-
senrations in May, but only as to what be bad
lieard and was told by Wood, his lordship's
csoacbnian, so lately as the I9th of February
last I would reconcile this if it be possible t
And the most natural inference I can draw
* lh>m it is, that Lawsou (or whoever that in-
' ijuirer was) bad pretended to take some ac-
count of his own at the time mentioned by the
committee, which, upon comparison with that
0f the coachman's, he fcmnd to 1m? manifestly
false and erroneous, and iberefore would not
produce or depend upon that ; But we hope his
testimony can receive no advaulafve from such
a conduct. And npon the whole it appears,
that ihou^h more imluf^try has been emptoyed
on thearfirle of enquiry, yet as muny tnuflakes
tate^ hem tnu^t in it^ aa id any other.
Antl as for the coachman's book, alter all A
cannot be entirely relied on : because the
entries made in his book caii only relator (tu w«
apprehend) lo the charges of tuni(iil..^ »ij<l
ferryiogs, or such other matters t
was accountable. He had no re -.e^
notice in such an account » when his U
was in the coach, when not ; and yourlordtlj
have heard, cannot be positive ou Utai br
And therefore bow exact toevef bis
may be, in respect to those little diabur
they can add no weigbt to the oh
drawn from them by that honoiirati
miltee ; and tboug^b ^reat stress has becQ ^
on them, (with submission to your lor '
they amount to no more, than that somei
sons on this side the water, writing to i
the other side, are supposed to meif
lordship, sometimes as in town, ht^
country: and from thence it \% ioferre^fj
they had frequent access to him, and \
quently the matter of their correspooilei
imputed to him.
Had these correspmidenta been e^ract, j
lords, tuaN their accounts of his motions,!
uo such couchn^ions could have bceo t
made : But as they are of^eoer wron^
right. It follows, they were not »o
quajnted with bis lordsliip, or his
stances, as (to serve their evil porpoics) I
pretended to be,
Haviuy thus spoken as tn Ibe circumit
of times, (which are thrown in to indu
belief tbat his lordship was meant by that i ^
reRpondence) 1 shall next offt^r something as W"
the cant names: And thouijh it has been iJ*
ready observed to your lordships in various un*
stances, that the names of Jones, lltingtoo,
and Weston, could not possibly belouje;^ to lii» i
yet give me leave, my lords, to say further, tb
Jones is not onlj^ a very common name(fi "
one society, T think, I remember no le
sixteen of ihe utme at once), but that i
manifestly applied to very different
even in the papers contained in the Ai
In Plunkett*s cypher Jonee denotes
mans: Twelve or fourteen times it
posed to denote the duke of Norfolk, in 1
other places to denote sir W, Ellis; and 4
in Ihe letters imputed to Kelly, there are]
sages (besides those already mentioned to \
lordships) which cannot with any
probability be applied to his lordship i Fa
stance, D. i5« Jones and llhn^on are, w|
the compass of two lines, plainly disting'uil
as two dilfereDt persons, and therefore '
cannot be applied to his lordship. And la']
same letter, as well as a preceding lette
13, Jones is mentioned as baring und
to do something for a faoy at Eaton, w'
well known bis lordship baa no infiueo
quainiance ; and if he had interests
there on any such account, it would e&aUy I
lieen discovered. And this, my lords, li «
"ilrong instance, to shew the iijnorance of tbf
^vriter, even in some of bis lorilshrp's iOO
torious drcumitaacei,
4*^ cthri,/ar » TfeoumaUe Compraeif. A. D. 172St
[558
t ofpatns has likcwiie Iieen Uken
' diverii fiuppositioos «Q(] reasoD*
ore liial Kig iieuotes lib lonUbi|i.
A tbmtl take oolice but ofone^ in the
icrnrdi ii^Licb is said to be Rr J.
l^Re^KJrt 49, E. 47v where soiuethiujj
''V improper, and obsulutdy
. iuoU ot tbe Bisb«p. Ad
1 lo 10 be given of llic difficulty
bait, and it ii^ addf d ** Vour
^indeed ofl*ered all tliat could be
led ol* tbr p<:*or rnun*'* (It* my instruct
^np f.Mr\ M'obryanisa name bis lord-
k«rv» r iWfore, nor had tbe least
fn itk ■-. - i ,u^ Kell)'*a buil, iiorkDOWSlo
Ly wbo I bey ure ^ the only words appli*
_liiin in tins i>:i&sa-/t>, ure those of Poor
me to say, that
J body and pur&ei
iniest alinofit can make
uiy bttve reason (if your
s tbis Bill with all tbe se-
ii) lo be Ijearlily sorry be
' I'd tbose upportu-
iucb others \rould
Jioju i>i ^ ei ine leave, my
^y , he is Ti ! A of thai poverty ,
'from ^\\ iiiyii-^ acquisitions, and
€omp]tanee«. But tbnt be was a
\,zi that time, i\ c. unnblii to procure
Ch is the sense that writer means it
any decency or justice be ap>
llus lordship's interest and station,
n«:d himself in it.
Hcive, my lords, to take notice of
ke of that honourable committee
tatne letter ; I mean a passage
) it which is not in it, to prove that
iiip are tbe same i^ersoos ;
»f omitted, but that it breaks
li of reasoniot; thfre made use
are, ** how far this late affair
(Ri|?) I cannot tell,*' and E. 47,
theot. Now E. 47, gives an ac-
ly*t eumination promiscuously
fliilianiand was written June lltb ;
■!■ wh^re tbe words really are, is E.
June (near a month al>er
i). Nor is there a word in
_ ; but it mi^ht be proper to
two letters, and coimecl these
111* in order to make our, tliat Yi\g
' liip are the same, though they
ne to tbe other.
*k^ many ^ross errors
but if your lord*
'tice oV those aU
'a» i ho^Miyour Iftt ! '
li no need to reipird \U
%9f b«f « sc^me little CO
lllivy are dajdivd with so n
liUMio many frtUitics, tuui ^i^.> i.ui
cmitd be fruiity of* But there b
ill others umrii hard<>(it upou this
Ihtt moAt criminal in the oi&t-
m whidi be iit most deeply
ckii liimftsU I h^ih9 idler uT
April 20tb, which ba- and orcr af*
firmed by that honour uttee, as well
^ by the counsel fur tbe Bdl, to be a letter to
ttie Pretender, If that be so, and had been
proved by any degree of evidence ta biive l»een
dictated by bis lordsblpp we should have bf'eu
utterly at a loss what to have said, m a case
that would have been so fully within the letter
of the law. Part of it, my lords, we have aU
ready shewn to have been charged on his b>rd«
•hip Vithout the least proof or shadow <if evi«
d«nce ; the other part of ihe charge we bopt
now to prove equally, groundless and false.
1%\X the tetter addressed to Jackson was not
to the Pretender (whomever else it may mean)
tve think, appears clearly from tbe words of it.
" our circumstance on this side ;" a phrase not
only used by alt writers, but is tbe constant,,
usual style ihroughout alt the papers in the
Appendix, in contradibtinction to France^ whicli
is the other side^ but never to Italy, as the cas«
must be here, if Jackson means the Pretender.
The instances iu the AppendijE are almost ia«
finite.
Another reason why we think the nsme of
Jackson cannot reasonably be supposed to de-
note tbe Pretender, b from £, 30, where ther«
is mention of dividing Clinton^s money betweea
Medley and Jackson ; t. e, says tbe liep. p. 64^
between Ormond and the Pretender, But it i^
not to be imagined, that a letter written from
one devoted to the Pretender*8 interest, should
place Ormond before him ; tbii is so unlikely,
that even the committee, speaking intbeir own
persons at the bottom of this verv page, sliile
naturally inio the other way of placing the
words, tlie Pretender and Ormond, Besidee
this, my lords, there are so many familiaritieg
[to mention but one, alt such pretending peo-
ple] in the letter itself, that it could never come
from any one (as I before said) devoted to
that interest, at least not to the Pretender
himself, but to some eijual, or rather to some
inferior. Jackson therefore must mean some*
body cUe, somebody in France, and not the
Pretender in Italy i oud on this su^mosition,
every word and phrase of that letter is better
accouvtted for than on any other.
Tbe committee of that nonoumble House be-
lovv, have been pleased also to obscrve/p, 45, 46,
that Jackson appears from other letters to he the
same as ^lulcolm (which they say means the
Pretende)'), and for this reason, b^cnuse (p. 54»
E. 30.) Clinton's money is to be divided be-
tween Medley and Jackson. And p. 50, some-
liody hopes Clinton has sent Malcolm half mo-
ney ; which proves, indeed, that either Medley
TV "^T.lcolm, hut which may lie
J as it was before*
" the Pretender, it b
n a made to MaU
,, .M I fti, for n patent, and
for pov utl Hep. p. 45, T5,
Butvii:;. ..*.-:*.. In uiourable com-
mittee, ©either c es ju^vo that
asaertioof aiocc t ^^J wayofap-
plying ttt lucliCASCf, ii to persoui ci»ploye4
559]
9 GEORGE I. Proceedings against Bishop Atterbufy^ [560
under the principal, and not immediately to tbe
fountain head itself: and if the late duke of Or-
mpnd was to have come over last summer to
head the IScots, and they daily sent pressing*
messages to that effect, (as Mr. Stauhope writes
from Madrid, Rep. p. 75,) who more proper to be
applied to by a Scotsman on both these occa-
sions ? Malcolm therefore (with submission to
the committee) more naturally means the late
duke of Ormood.
I may add to this, my lords, that in the cy-
pher inserted amonfl^ the Scotch papers, I. 14,
Davis and Lloyd (not Malcolm) is said to be the
name and designation of the Pretender.
1 hope we may be allowed to argfue in this
manner, from one cypher to another, because
the same method has been made use of agfainst
OS, upon this very article, both by that honour-
able committee and the counsel for the fiill :
for the only colour there is for interpreting'
Jackson to be the Pretender, is taken from
Plunkett's cypher, in which, as it is printed,
Jackson is set over-against the name of the
Pretender, and from the titling to the draught
of a letter of Plunkett's to Jackson, C. 41, and
admitting this letter to have been so entitled by
himself, ^which has not yet been proved) yet it
does not lollow, as 1 observed, that because a
letter addressed to one at Rome by Plunkett,
under the name of Jackson, signified the Pre-
tender, that another letter directed to one of
that name in Prance, by a quite different per-
son, should likewise necessarily signify the
Pretender. This, my lords, 1 beg leave to
say, is no certain or natural consequence : but
it is most certain, that that draught, whomso-
ever it was intended to, was not written upon
that cypher which the committee referred to,
in order to have it thought to have been writ-
ten for the Pretender ; tor there is but one only
of the many cant names in the whole letter
which is to be found in that cypher. But if
your lordships will be pleased to consider that
cypher a little farther, it will ap|>ear, that the
very persons supposed to be concerned in dic-
tating this letter to Jackson, were utterly
strangers to the correspondence ; for it consists
of 150 names, and no man can find above four
that are in this cypher, or in all that voluminous
correspondence attributeil to Kelly, nor any of
those four ever used in the letters supposeck to
be writ by Kelly ; but in those only supposed
to be written to him from abroad.
The name of Jackson is not once in all that
correspondence applied to the Pretender: and
thougli there be a hundred proper occasions of
mentioning him, it is always under some other
appellation. And Plunkeit himself, in his exa-
mination, C. 7S, sect. 14, (when he conld not
possibly know the tendency of the question)
Dot onfy says positively, that he never writ to
any person by the name of Jackson, and does
not know who is meant by it. but it is also re-
markable, my lords, that m all the letters said
to be written by him upon that c\ pher (after it
wai formed) he never once stiles the Preleiuler
JackfODy but either Joseph or Jephtoo. M to aqpie
The first of these letters is io May, 17)1,
and thei-et'ore that honourable committee bare
with great exactness placed this cypher immt-
diateiy before it, as supposing it aboatthat tioie
framed ; for all the preceding letters are mni-
festly written upon another cypher. Nowthii
letter of the SOih of April, supposed to be dic-
tated by his lordship, was written before tfart
cypher of Plunkett's was frametl, and cesw-
quently could not take a name from a cypher
which then had no existence.
There is another observation of that booov-
able committee, which 1 beg leave to takeai*
tice of. They say, that the cypher made m
of in this letter to Jackson is the saine mtis
use of in the letters from the late dnke or(k>>
mond's agents, and in letters to Dennis KiA;
and yet the Pretender has some other nanM
such letters, but in none of them ever once ilBil
Jackson. How comes it then, my ionii,lM
he should be stiled so once in this one Jdlar,
and never before nor afler by that writcritrkj
any other ?
We have been the longer, my lord^ inn-
moving this imputation, because of all odMnik
is the hardest and most unjust upon this refe-
rend prelate; and npon the whole, we boss it
is fully and effectually done (notwithsCanuf
the difficulties we had of proving a negatifej
and even from those lights and materials ihi
committee themselves have afforded as: n'
if we had had an opportunity of inspectiDglhi
originals, we doubt not we should havo ISN
able to have proved much better, thatJicfciMi
to whom this letter of the 20th of April wee
directed, could not possibly mean the Fk«"
tender.
And if that be the case, as it certainly is.tt'
it appears farther by the evidence wliicb f»
shall produce, that these three letters of April
120th, were not and could not possibly be die*
tated by the Uishop, the foundation of thi
whole Charge is destroyed, and couseqoeDllr
all the supurstructui*e must fall to the ^nnL
Nay, I will venture to affirm, that it is impii-
sible for them to form any scheme to prove ibt
Bishop wrote these letters, but what is and will
be actually disproved and falsified, by fooo
part of their own evidence.
Having thus, my lords, gone through every
part of the Charge, I must crave your lord-
ships' patience yet to speak to two thingi»
which have been much in&isted on by theoooa-
sel for the Bill. That when your lordship*
Kroceed in a legislative capacity, you are not 19
c guided by the rules aud niceties of law,aai
therefore that we are not in this case to ex|iet^
an evidence strictly legal. The other thinf
was, that at this time of day, circumstaotiw
evidence is sutBcient in a charge of high tret*
sun, as the case now before you is. l^is, iSf
lords, we have heard fully and oflen repMteii
as it were, to anticipate us in this objectii^
which they themselves knew to be ao jaUV
founded.
i have 80 far acted io eomi
i
far acted io eomplaiiaiioe la tiM
efaiefly oo Iho SipCi msi-MtMt
mnd oiheri,for a Treasonabk Conspiractf. A. D. 1723.
[562
MliemielfeSf nnd uiid^r the Tery same
^Ui^Y liriv#" m(-v*MitPf| them to us, atid
||pe,myl'' ires Irora them liave
[Diurt* iirtioM more nnKrinl,
j!ies mnch trreaier than theirs ;
It yjtnv (consiilereH uhsiraclly
litttt iht: tommtm hkw and the comm(»(i
th^ reahn requirps.) I hnpe we have
' \ to your lonUhips' Haiisfaction, and
Vtmn r>f every reasoiiJiMe or inijmr-
are no grounds Tor wliat
11 ; And I hat all who hear
J jU' f, how thi^ reverend prw-
1 «^d (as he is in the prea m *
lie Liir; >>iiii tii jng dee|*l^ coneernL'd in
directing^, and csirrymg on a eon-
i%!Mn it Ufl8 not hVen jn'Oied^ thflt
tiyooe ronsultatioD concern-
is arc, jjave unv one direction,
my one en mm at act^ writ ten,
lied anyone crimtnal Itiler;
r «hoold if&ve tnf;istlnf!f on an evidence
p^leg^af, or a proof acc<ndmg^ to the known
T law ; give me leave to say, my lords,
f H ts true, there has not been a reason-
ret, my lowl«, I shall always in^lsti both
V m, and at counsel to this reve-
re oujrhi to be u legal evidence
^ VI. ii as in any other criiikiuiilpro-
11 iliere is any «liflerence, it h in
|v, thai aa there are certainly many
^UKxmTeiiiencies to the subject in this
©r proccedin^t there ouj/hl \f) he a
J prcHif, and a Conviction more Kti icily
J ivitl always hone your lordships will
\ m proof in auch heavy charges, ajfi ee-
^^tlie tatm of itte land, and the rules und
OQs of ol hiT J ndicatures. I am far from
J your lordships are ctrcuroacribcd by
Bf nl inferior courtii, because they are
own nature discretioniir}*, and the
beroielves otlen vary and depart from
Hut ihc fundamentul maxima of law,
irca of justice, and the po-
hl ictof parliament, are of
-' 'ti rilling every where,
Krs<i ^, (a«i loni^ at they
! Uv ^ ,.,uiHelf not excepted.
I h. H" cafryinsT ray assertion
but L N) taught by the Bill of
llbmttlie kin$^ himself is bound by the
W It is not in his |K)wer to alter, sua*
For diafienve with law<i. But if the doc-
ftf Ihr ronnici for the Bill \% true, and
- ty to follow the dictate^i of hi.s
nod whwt ndi'i* he pleases;
id arbiirnrinesi
1 LUgs! IVivale
ce to eserdse
on,
Mt: iliat hears me,
time or other be-
'<^ t^^bedidatilrst
of what was
, - i Mia tAefwards
Jltti*^ hi
W^^MtfW ;
^H-verisod yx^
t\ i mkiUiktu t IV bat it wmvi a>iii*
xvr.
tncm than for men iliai aj^^ree in tbe same no-
lion* of morality, to deduce different contain*
siouii and uppticationis from them i (even whero
interest or pariiality do not intervene ;) and
tb<*refore the wi&doru of the law of Enghi nd has
been, to determine general notions of justice
jmtl right by particular rnle« and applieationi^
in order to settle that variety and inconstancy,
which without some est^bU^hrd rule, must ne*
cessarily futlow. Where then shall we go for
inie an«l proper notions of low or equity, but to
those great oracles and fountains, my lorda the
jurfgea? What better guide or more certain
rule can any one of your lordships propose to
himself, than the constant and uniform judge-
ment of those whom the ronstitutiou of this
kingdom bavt? made the proper dispensers of
justice, and the interpreters of law T
ft is your lordithipi*^ peculiar Qdvanta^e, to
he continually asaisied by gome of my lord* the
judges ; and we hofie in this ioBtance (if any
doubt can at last rctnain) your lord!>hips will
hear their opinion with the same deference and
candour as m former cases. Let it never be
said, my lords, that you who are the supreme
i^yer oi the kingdom, whose judgments and re*
aolutionif are laws to other courts, and ougitt lo
be an example to all others in the justice aud
ctjuiiy of your or occedtngs, that your lord i» bins
will not regard the solemn judgment of the
judges, or the usages of former parhuments:
and let it not be said, that because other courts
are bound by a law to require such and such
circumstances to infer an offence, or such a
proof before they condemn a man, that youp
mj lords, will follow yont* own private opinion,
make what you please to be an otTcnce^ with-
out any evidence at all, but upon mere bear-
nays, conjectures and suppoisitions« Who can
read that melancholy case without concern,
which my lord Coke has in his 3d VivsXX. of an
uncle that was condemned and executed for the
supposed death of his niece, merely upon a train
of presumptions and circumstantial evidence;
or Harrison^a case, within memory, where the
father and mother both sutfercil upon presump-
tion for a supposed murder ^^ And with what
shame and remorse did that hasty judge see
himself convicted by the person ^a returning
from beyond sea F And every one almost re-
members the charge of treason against ihit re-
verend preliile*s predecesior. If such a BiT
had been thought on, or much stronger evl'
dencc had been received, it might have passed
before the truth could have appeared : bttt
happy wa« it for that innocent prelate, that a
quiie contrary method wa»i taken, and bin ac-
cusers brou (flit face to face to him, by vihicf
he quickly discovered tlve villainy of those roie
creanLs, Private opinion or persuasion^ I her
fore, W such a poiitioa that every houeat i
oug^ht to disclaim in these cases ; and
greater the erinie is iti whtch he te to jud
♦ See vol 14, p, liJlU. 8ee, too, cot»ceri
tng circumstantial evideuceg the catea of GracOpl
ToL 14, p. 1199, and of Stewart, a. o. ll^%
90
563]
9 GEORGE L Proceedings against Bishop Allerburyf [56f
tlic stronger proof be ought to require : aod
\vhen one adheres strictly to justice, aud goes
according to the * allegata et probata/ by the
best rules and reasons of law ; whatever nois-
takes, misinformations or false evidence may
happen in the case, he can never have cause to
repent ; and neither the present age nor poste-
rity can blame him.
It was formerly a miestioo, whether the
Star-chamber was bouna by the rules and re-
solutions of other courts ? And the many ex-
cesses, and extravagant opinions in this respect
was the reason thai ancient court was laid aside.
And it has been as great a question, whether
the Court of Chancery was to be guided by
rules and precedents ? But the better opinion
has always been, that a judge in equity ought
to regard the rules and resolutions that have
been in like cases; unless he is resolved to
make decrees totally arbitrary.
For though equity aud reason, in itself, is
the same all the world over, and nothing can
ahrr the proper and intrinsic notions of it ; yet,
as the matters ahuut which it is conversant are
represented in different circumstances, and,
like streams of water, will receive some little
tincture from the soil through which it runs,
and there is something in every man's temper
that will slide into his best formed notions ; it
shoivs the necessity of some fixed and esta-
blished rules, at all times, and in all places of
judicature. Aud therefore, in that high court
of e<juity, though the rigour of the common
law is in some respects softened, yet there is
nothing more known, than that it is not to be
impeached in any of its essential and funda-
mental points.
1 hope your lordships will pardon me, if I
mention an authority or two of great name,
that expressly say, the High Court of Parlia-
ment is likewise bound by the rules of l^w.
Lord chief justice Holt says, the authority of
parliament is from the iaw ;* as it is circiim-
Hcrilied by law, so it may be exceeded ; aud if
they do exceed their lev^al bounds and autho-
rity, their acts are wrongful, and cannot be
juslilled any moi*e than the arts of private mm.
J might add to this, the opinions of Vaughan,
JIale, and ilohart, to the same purpose ; that
the rules of law ought to guide in passing of
acts of parliament, as well as in the ordinary
course of judicature. But when I mention the
sense of a living authority, that has filled the
higliest stations in the law, and so great an or-
nament to your lordships' honse, and whose
meriis have been so lately distinguished by
now hoiiiMirs, I need cite no more. It was in
a case, where the same doctrine was advanced
(that tlie parliament was not bound to conform
to the rules and proceedings of other courts) :
in answer to which, that noble lord with great
truth ol.scrved, that those rules were not to be
patterns to them, only because they were rules
of those courts, but because they were reason,
and reason approved of by long experience,
« Salk. Rep. 505.
and they obtain there as rules for that cmk;
and I hope ^saj^s he) that is a cause whv tht
House should imitate them, as much as Weit-
minster- hail ; or else how cao they be said ta
go according to reason or justice, when tbej
go beside, or transgress those rules P
Besides these great authorities, there bife
been times, when parlianieDts have thoagfat
themselves bound by the common rules ud
proceedings of law, and parliaments that were
very tender and sensible of their own bower is
other respects. Not to mention se?eral anciest
acts of reversal, because judgments giveo Is
parliament were not pronounced accordisg It
the known laws ; there is the act tor the tf«
tainder of the earl of March, because he M
been instrumental in procuring the attaint tf
another lord, under pretence of a letter, iiKA
(the record expressly says) was no evidatt.
And the record for reversing the attainder rf
Roger Mortimer, 28 E. 3, sir Thomas Haikj,
&c. is expressly declared to be, because tbCT
were attainted contrary to the grood laws ui
customs of the realm. And not only the (sir*
yers and the histories of those times condenB
them as grossly contrary to law and juiliee:
but the sut. 1 £. 6, cap. 12, is directly levdM
at them. For it recites that those proceedisgi
were terrible and extreme, introduced for ptr^
ticular policies and purposes ; repeals levcnl
statutes that had been enacted in the precedisr
reigns; and that there mi&^ht be no nioremci
for the future, reduces all treasons to the as*
cient standard of the 25 £. 9, and goes on asd
enacts, that no |)er8on or persons (i. e, mj
lords, as I humbly apprehend, no manner m
persons, ui no manner of place, court, or oe-
thod) shall be convicted for any ofTeoce^^
treasons, petit treasons, misprisions, for which
the offender shall in any wise sufler any paisl
of death, imprisonment, loss of goods, or the
like, uuless accu!»ed by the teKtimony of t«e
lawful and sufficient witnesses. The stet
5 E. 6, cap. 11, goes further, and says, then
shall not only Ire two \s itnesses, but ihoee two
witnesses shall he produced in person hefos
the party, and shall before his face maiotais
and avow what they have to say. The wordi
of this statute, as well as the former, aress
general as they can be, without any exceptioB
of place or proceeding.
But notwithstanding these two statutes, tbeit
was still occasion for the stat. 7 W. S, toai-
certain treasons, and to regulate the method n
trials. For there hail been several tender, coo*
plaisant laws introduced by the pretended leel
of ministers, with a peculiar eye to the prioei
on the throne; which though others cuuld ooC
apprehend the justice or necessity of, yeto*
these laws there had been many unreasooaUs
penalties, undue and irregular prosecutions is
the preceding reigns, and which sir Jo. Havrki
remarks as one of the great and immediali
causes of the Revolution. And to abew tbs
resentment of the nation on these proceediBA
reversed by particular sets «
they were all _^ ,
ptruunent; aod to prefcnt the
ArM
m]
snd others, Jhr a Treitsonahle Conspiractf. A. D, 1723,
[560
fulare^ that gkirious stntiitp. wfts iDAite of ttie
it Wi 3, caji. 3, ihai jjersnas acrusei! as of-
hfei-H vhtmld be justly and equjilly tried, and
t debarred of all just and e4|ual means for
" nee of ibeir innocency* And whoevfr
hi$ <^yc over ilie preetdinj^ irials, will
I p% ery clause of thai sJlatule, ns it ^^-ere^ a
ticular provision againi^t the misjchiefs thut
" beea, ftiid lo prerenl the like for tbe iiine
looftie.
[ do admit) my lords, tlif re is a pi^oTiso in
lend of that statute, that it shall uot extend
f Kiy impeachments or proreediiififa in par*
enl, and therefore I don^t mention it as a
to fmrlmmentary proceedings iu all re*
ak it is to inferior courts : but sitrely
treason ami justice of that act ought to be
[guide, as far as it is consistent with the
iure of your lordships* proceedinij«* And
Qtich as it ivas the sense of I he whole le«
ktature, and the united voice of the nation at
it time, and tin a deur-bou^ht expeiience^
[ii surely so far worthy of yowr lordships^
iUiion. It can never be consistent with
bhe wisdom, to run again into the same mis*
ef from vthich w<s are so happily rescued, or
tplit on the Tery same rocks, on which
iaoy of your lordshtps* noble ancestors have
bed*
And it can never be (with submission to your
labips* betl erj lid tj mentis) a natural or a rea-
ble coustruction of that proviso to enlarge
proceed iny^s of parliament, or to give a
»ter latitude ih^n ever they had before,
I to remiud your lordships how the usaj^e of
etit was, preeedinjj this statute, I need
but two or three instnnces out of
Lord Delttttiere^s case in king* James's
ItjBfi, where there was one po^ilire wit-
tan d a strong circumstantial evidence ; and
I your lordtthips* predeccss^ors thoue^ht that
iniBcient to find him guilty. The lord
CDfnrd^s case in tbe very same year, where
lk*re was also one witness, and sirone circum-
itauces ; and he was in the like manner ac-
quitted,! '" '^^^ '^^^ ^^ ^^^ ^^^^ *** ^^^"»-
167?, for blasphemy and abuse of tbe
ament, your lorrlships* predecessors de-
that the single testimony of a com-
r, tboug:h on oath, was no sufficient evi-
e,agiiinst a peer denyin^r the fatft upon his
our; and upon that u4d rested bis muje^ty
\ might be releasctl Irom bis imprison-
«t I humbly apprehend, your lordships
jjjht fit to admit some of the rejarnla-
ihat act into your proceedins^, such of
(as 1 liefore said) as are agi^eeable and
ksitteut wiib the nature of your proceedings.
Imr lordahips bare beeo "pleased to allow
• See his Case. vol. it, p 509-
^ i From mipection of theXords' Journals in
\ ffign of James the second^ I am inchued
^ belief eibal no trial of lord Stamford vras
counsel to a prisoner iu treason to speak to
matters of fact as well a^law: you «!h»w a
copy of the diar^-e aj^uinst him ;' you retpiirft
the v*ilnessfor hi1ii to h** upon oivlh, as well us
arraiu^t him ; neither will your lurdstiips udinit
evidence of a fact not in the choiefe. And
surely, my lords, there is as much reason, and
a# much equity (o require (as that statute re-
quires in the courts below) the testimony of
two lawful and sufBcient witnesses. Nay,*my
lords, I hope the reason is much Jitroqper, l)c-
cause (although your lordships shotdd con^der
yoarselvesas unrestrained by the stal. 7 Will.)
yet it is positively required by l>otb the statutes
of Ed. 6, which arc geoeraf and without ex-
ception, (as 1 before observed) and because it is
Bg'reeable to tbe usa^e of parliament (^ts I
have likewise shewn) from that time even tlown
to the Stat. 7 Will, And if your lordships are
not enlaiffed by the statute of king William,
and the statutes of Edward 6 are still laws,
tfive me leave, my lords, lo say, it can nevpr
be just or lawful to take away any mnn^K life*
or hlierty on less evidence than what those
statutes require, in any place, or hy any n>e-
thod whatsoever. Because I am taught by
casuists, that every just law is a rule of con-
science, whether divine or human ; and no man
can say hisconscience is ?oid of offence towardt
God or man, unless he acts according' to tbe
laws of the one sort, as well as of the dtlter.
And if your lordships will giv6 me learelosfep
once more out of the verg-e of my own profes-
sion, I wilt mention a word out ol the civil laif
conformable to this: that is a law, my lords, in
some deg^ree receivetl by all nations, as a
scheme of the greatest equtty and ju<«tire. The
number of witnesses by thai law, ought lo be two
at leant, lo make n full proof, and free from all
exceptions, both as to their persons and to their
de|jOfiiion. The testimony of a single witness
is of no validity, unless where other circum-
atftoces concur j and it was not the manner of
tbe Romans to condemn any man, before thai
he, which is accused, have his accusers face to
face. And this, my lords, is not only the dead
letter of the Code and tbe Dig. but the learned
Groenw. in his notes upon these taws, says, It
is the general policy, and obtaimt at this duy in
most parts of the world, f do o^n that there
are many cases that happen with us in tho
courts below, where the testimony of two wit-
nesses is not required; but then, my lords, it
is when tbe trial is by jury, that is, when twelve
men, coming from the party V own neigh bour-
bofxl, and consequently must be suppoi^ed to
know something of liie fact, upon tlieir own
koowiedt^e find a verdict upon their onths. But
1 need not soy, that even in a ti lal by jury, if it
is a case of high -treason, like this now tvefore
your h>rdi!»hjps, there ninst be two wimesaes,
and nothing less can warrant the verdict. And
suirly, my lords, it is a practice fouude^l on
reason ; not beirause this or that law, or this or
that court requires it, but because rt iHah^iolut^-
Iv necessary tor the discovery i»f truth ^^i\vW«t
tlti9 tbrniiag of % rvg,Vi\ \^)A^tucu\^'w^i«^^^%^ ^\^\
I
I
I
I
867J
9 GEORGE L Proceedings against Bishop Aitetbury^
IK swore be true or false. One wilncss may
mistake^ or be perjured, and yei hsjipen to be
consbtefjt witb himself; but when ibere are
two separately exaajined, tho truth is much
lanore casiU^ found ouL And though a criminal
rmay now and then escape for want ot' iuch a
^roof, yet that would be a far less evil, than to
trust %o much^ iu cases so penal, to circun^-
stances and presumption, and to the malice and
mistakes of one person.
Bui if, ootwiihstandingf the opinion of the
^reatesl lawyers both English and foreigti, your
|«wn uniform usage and re^oiittio.:^ and the rea-
of rhe i\\n\)* itself, your lordships are re-
' VoUed^ in £hls one instance, to follow every one
Ilis onrn prii^ate and particular conscience; let
ercry one hearken to that still voice within
him,^iih an honest attention, unto those secret
wliisperiniijrs, ^jih temper and inotleration.
Let no man be swayed by hopes, over-ruletJ by
fears, or IrunsporteJ by zeal beyond the bountfs
of justice, atid through this reverend prelste's
•ide give a wound if» himself or posterity,
which may never be cured. Consider, my
lords, if not for hit, yet for your own sakei, the
circumBtunces* the probabilities, and efidence on
both sides, wtih an unbiassed couscience, and
by the measures of law and justice. For
thoun;h some proceedings may seem convenient
to certain limes rixi^ occasions, yet unless tliey
agree with the law, with reason, and with jus-
tice, no man ought to think he has any power
to consent.
There is a noble instance on record of the
lord Dijjby, and worthy of every one's imita-
tion. He had been, my lords, one of the most
violent managers in the impeachment of the
lord Strafford;* and yet when that prot^eeding-
was w a veil, and a Bill of Attainder brought
in, he spoke as violently aj^ainst it: thousririie
was Ktill of opinion (he said) that that lord was
the same dangerous minister, and g^reat apos-
tate to the commonwealthp who tnugt not ex-
pect to be pardoned in this world till he was
dispatched to another; yet he had rather lose
ilis hand than put it to that dispatch. Uc put
them in miud of the diflerence between prose-
cutors and judges, and how unbecoming that
I Hervor was iu thfem, now Ihey were judges,
fhich perhr.ps might be commendable in them
I prosecutors i that when he grave his consent
to the accusation, he was assured, his crimes
would have been fully and legally proved,
which if they had, he could have condemned
him with innocency, as he had prosecuted him
rith earnestness ; but as the case then appear-
l«d, no man could satisfy \%\z consricnce %n the
|4oing of it. The parliament, it is true, had ii
Ijndicial and a legislative capacity ; the inca-
|f ure of the one ousfht to be legally just, the
Tot her political and prudential : bat these two
Ivapscities were not to bo confoituded in judg-
I ment ; they were not to piece up (says he) the
rwant of legality hy matters of convenience, to
* See the f -ase of lord StralToid, iq vol 3, p.
IdSl^oftbiiColkctivir.
the ruin of a man, by a. law made ' ex pcmte*
* riori/
What can I say more ? For it miisit tfip
to your lordships by this time, that thii i
ceeding is ci»ntrary to the fundamenlil I
the kingdom, contrary to public wtsdofiRt
unjust iu itself: that the reasons aiid sug
tioiis upon which it is grounded have aoit
proved with any colour of legTil tvid
with any degree of proof or probahilir
ought to satisfy the conscience of an*
reasonable man. But if the matters, '
have humbly laid before your lordship,
not all the weight, which I \\Q\^t the|
or if I have omitted any thing that la I
or necessary for this reverend prelate's <
your lordships, 1 hope, as judges, (siisd 1
quently in some measure of counsel for i
prisoner) will, from your own observattoQ, i
ply it. Or if 1 have laid them before
lordships in an improper light, or a less ell
tugl manner than others might have done; ;
the case itself will spealt better and
strongly than any words «ir expressions of fi
can do. It is the cause, the fortune, audi
liberty of a most reverend and Irarned
who IS to be stripped and torn from the
ntties and preferments which his own bjj
merits justly called him to, and which he
ever since adorned with the greatest Itisl
upon what slender and insiifticient gro
your lordships have already hfrard, and 1 1
going to sav, without precedent : hut I i
own there bave been instanee« of deprt^
tion, some in the beginning of queen
xaUeth's retgn, and 'some others since (
He?olution. But yet they were
general law, then in being, and an ibctf
city voluntarily incurred by thofie prelaH
after the full knowledge and nublicatioti I
those laws, by refusing to give th.it security'
the government, which at those times wai
BoUitety necessary. And though Ihey
peremptory iu the last degree, and their \
ample might hove produced wor*e
quences than it did ; yet their punisbn
wtnt no further. But this is a particiili
to be introduced for this particular '^
Bubsequertt to the supposed offence, and'
is not thou'jfht fit to he euartcil as a Utv for i
other per»ou hereafter ; and I wish, my lod
1 could say, this act went no further. But t'
reverend prelate is likewise to he deprivt
of his life, indeed, but of hW the convfl '
and comforts of it, of the commerce 1
friendn and relations, and of all that is valu
to an Engtisbman. He is to be doomed ta f
curae of Cain, and to be turned out of bit i
live country, full of age and infirmitiea, toll
criielfy of strangers and foreigners^ sad
beyond the reach of his mujebiy^s tnoat <
ftiwe goodness*
But if your lordships sbuuld pass this
h<^ will still have, I doubt not, the peao« of I
own miud, and this comtbrtable retlectkxii
which uo man can take Irotn hlin ; tliat
shtirei the fate of the i^r^tesi and most k«C(
and oihcrSj/or a Treasonable Compiraey. A. D. 172S.
[570
I of the last century : though in this
ilso it is his lordship's misfortuDe to
inch distinguished. For he^ though
was afraid of tlie violence of the
d withdrew from prosecution. But
end prelate has been all along forth-
Rnd, as it were, fearful of nothing ;
«ioua of nothing hut his own inno-
a sought in all places to be brought to
hat noble lord's crimes (or at least his
a) were going to be proved in a proper
itary naanuer by numbers of persons :
-everend prelate is to be involved by
IDS, inferences, constructions, and the
es of decypherers, in crimes which he
ady to deny, and of which no wan
im.
id not be understood, my lords, by
f 1 have offered in relation to the par-
oalties, as if 1 thought any one sug-
r the Bill had been duly proved, so as
e this or that part of the penalties ;
must say, they are all so extraordi-
beir nature, as to deserve your lord-
tcntion. And 1 doubt not but your
, in your goodness, will consider what
r passe<l, the length and closeness of
isonment which this reverend prelate
idy suffered as a supposed criminal,
letbre conviction are only for the safe
of a man, and not for punishment;
Dprisonment has nut been so : which
aUactioos are true) has been attended
:b onheard-of barbarities, and such
■hing severities as are a shame and re-
i every civilized nation. The Case of
* every one has thought hard and bar-
but it is this reverend prelate's mis-
0 be distinguished in this also, as well
ry thing else : For that Case was be-
law allowed counsel or solicitors to as-
eooer in his defence, but now they
ired by law, and were actually and
igpied to my lord bishop ; and yet part
sfence, and part of his evidence torn
a from him. So that, all these things
Kit bis lordship cannot escape without
rety great sufferer, thoujf h your lord-
oaM utterly reject this Hill,
lordships will also consider the infir-
'body under which that great and no-
leven now labours before you ; which
idcrad him almost uncapablc of attend-
Kafeoce. Your lordsliips will also con-
s grief and %exatioii it must be to ap-
1 criminal bcfoiclhishonouruhle House,
« has so lon^ t^at as a jiul^e, and under
McioD of those crimes which are laid to
gt; and how grievous it is for one of
Eh^'a character and fimction, to be
kh breaches of his duty to God and
I to religion, of dcsijjnsof ovcr-
:fa and state, in favour of Po-
_ osto be the only cler<;yman
^'AmI ever tlioup:ht ^t worth his
• TeL6,p.64y.
f flhorcfa
while to draw his pen in defence of Martin
Lather, the great mstruaient of oar reforma-
tion from Popery ? and who baa upon all other
occasions, appeared the most strenuous as-
serter of it. I might add much more of hit
lordship's personal merits, and of those high
abilities so eminently conspicuous in him;
bat that I know it is some kind of violence
to his lordship to hear even thus much men*
tioned..
Yet suffer me to say, that if these sugges-
tions should be carried into a law, wilboat any
degree of evidence or probability, but rather
(as your lordships will immediately bear)
against the strongest evidence and proba-
bilities that are possible of the contrary: I
say, if this Bill should pass on such circum-
stances, whatever the present age may think,
his case will be a standing mark of reproach
to it, and he will be the wonder and the pity of
all succeeding generations.
1 shall add to your lordships' trouble bat one
word more in behalf of myself: That your
lordships will pardon any warmth of temper,
any unguarded word or expression that I may
have b^n guilty of in the course of this long
defence, in a case, which every Englisbauui
naturally considers as his own, and therefore
will, in some measure, warm the moat even
temper. And that this learned (and whom I
will now call innocent) prelate, will accept
those little services I have been able to per-
form, and will pardon the many failings, which
I may already have been guilty of, in his ne-
cessary and most just defence.
Then the Bishop's coaosel proceeded with
their evidence.
Among which, on May 10th, Erasmus Lewie
esq. declaring, " That he was employed in the
secretary's office ; and knew one Brocket, who
was there likewise employed :"
And being asked, '* What he knew con-
cerning the skill of the said Brocket, in coun-
terfeiting hands?"
The House took into consideration, " Whe-
ther the said question was proper to be answer-
ed by a person who has been employed in the
secretary's office." And afler debate.
It was resolved, that this House does not
think it proper to suffer Erasmus Iicwis, esq.
to be examined touching any transaction any
way relating to the government, which came
to his knowledge by reason of his being em-
ployed in the secretary's office.
Mr. Johnson and Mr. Atkins bdng severally
examined, touching the counterfeiting of seals.
And the former, being shewal the seals on
both letters found in the Bishop's custody, was
enquired of, <^ Whether the impressions were
made by the same seal?" and (JEirther, ** Whe-
ther, if the impression of a seal was taken in
wax, and then broken, it were possible afler*
wanls to take, from that impression, an entire
impression, which should exactly resemble
that impression before it was broker"
571]
9 GEORGE I. Proceedings against Bishop Aiierbmy, [572
The counset for the Bishop then called Mr.
Rollis, who was formerly produced hy the
eouDBeJ for the Bill.
And*8everal imiiressions of a seal or seals
were put iuto bis hand, to try his skill.
But a doulit arising;, as to the method of put-
tinjif this matter to a nroper trial ;
A motioD was made, ** That this House doth
not til ink it just, that the witness produced at
the bar should be examined upon any impres-
•ions, hut such as shall be made, and in such
manner as shall be directed by the House."
And a question bein^ stated thereupon :
After debute ;
The previous Question was put, <* Whether
that question shall be now put r' — It was re-
folded in the affirmaiive.
*' Dissentient. Scarsdale, Strafford,
Brooke, Poulett, Cra?en, Uxbridge,
Salisbury, Litchfield, Anfirlesey, Bruce,
Cower, Cardifl^an, Aylesford, Montjoy,
Compton, Trevor, Foley, Pomtret,
Hay, Ashbomham, Cowper, Bathnrst,
Denbigh, Willoughby de Broke, Fran.
Cestriens*, Exeter, Northampton, Dart-
mouth, Bingley.*'
Then the main question was put, " That
this House doth not think it ju»t, that the wit-
ness produced at the bar should be examined
upon any impressions, but such as shall be
made, and in such manner as shall be directed,
by the House." — It was resolved iu the affir-
mative.
<« Dissentient. Scarsdale, Strafford, Cra-
ven, Cowper, Pomfret, Bathurst,
Brooke, Ashburnham, Denbigh, Foley,
Fran. Cestriens', Compton, Trevor,
Willoughby de Broke, Exeter, Montjoy,
Dartmouth, Northampton, Aylesmrd,
Cower, Poufett, Bingky, Hay, Ux-
bridge."
The counsel aud Bishop were called in
ftgain, and acquainted with the said resolution,
And the counsel against the Bill desiring to
know in what manner the House will direct
tlie examination to be made :
It is ordered. That two of the clerks do forth-
with withdraw ; and that a person, to he ap-
pointed by the Bishop, do, in their presence,
from one or more seal or seals, such as he shall
think fit, take impressions in wax, of one or
more sorts, to be provided by the clerks;
that the impressions be numbered ; and that
the clerks write down in paper, from what
•eal, and in what manner, every impression
was taken, and deliver such paper in at the
table, sealed up ; making oath that the same
is true; and that the seal, or seals, from which
such impressions shall he made, shall be de-
tained by one of the clerks, till called for by the
House ; and that the clerks, and the person so
to be appointed by the prisoner, be sworn to
secrecy, and not to disclose to any |>er8on what-
soever any thing which shall pass in that tran-
■action, till afUr tht paper m tteiirered in shall
LcopeoiciL
And the Bishop being directed to tppoiDtt
Kerson to take the said impressions ; he aamcd
Ir. Gardiner, who, with Mr. John Wbeib
and Mr. Charles Rey nell, two of Uie derb of
this House, were sworn to secrecy, as directed:
and withdrew accordingly.
And being returned, delivered in the ioinrci-
sions, and also the papers, sealed up, with the
numbers referring to the said impressioM ei*
closed ; which according to the order of tbi
House, were taken.
And Mr. Rollis was called in ; and the ail
impressions were put into his hands, to mi»
the best judgment thereupon he could.
Then Samuel Stean, Susan Harvey, flnl
Jones, and Thomas Franden, servants H At
bishop of Rochester, wei*e severally swon,^
examined, touching the times when the BUb
was in town, or iu the country ; or of hioUp
sickness and death ; and his illness of the gMli
aud what persons had visited or resorted It Ml
lordship the last summer, before be wutifai
into custody. -
And the counsel for the Bishop offeriitf tl
read the deposition of John Lawson, out of tbi
Appendix to the printed Report of the oea*
mittee of Commons :
And the same being objected to by tbeeiM-
sel for the Bill as foreign to the matter liil
before the House :
But being insisteil on by the Bishop and hii
counsel ; after debate, it was agreed, that tba
Counsel and Bishop be called in again ; saA
acquainted, ** That they were not to r«Ml ihi
said deposition."
And the counsel and Bishop were called ii
again, and acquainte<l therewith.
The Bishop mentioned certain avocatioBi
which took up his time ; and offered to bring
proof thereof, if the Ilouse should think il
proper.
But the same not bein^ thought material {
his lordship called 3Ir. Pope, togiveanaocodll
how he employed his time; and where bf
used constantly to find his lordship when bi
visited him ; and iu regard of the great io«
timacy there was between them, ** Whether bi
suspected the Bishop was engaged in sock
matters as were laid to his charge ?"
And he was examined upon oath.* ^
Then Mr. Rollis the engraver was called in |
* << InM723, while Pope was engaged iuthifl
new version (the Odyssey,) he ap|ieared beAif
the Lorfis at the memorable trial of Bisbsf
Atterbury, with ivhom he had lived in gitii
familiarity, and frequent correspondence. Al«
terbury had honestly recommended to btm lb0
study of the Popish controversy, in hope if
his conversion ; to which Pope answereu in a
manner that cannot much recommend hb
principles, or his judgment. In questions ilA
projects of learning, they agreed better, fli
was called at the trial to give an account il
Atterbury's domestic life, and private employ^
ment, that it might app«ar how littlo tuH
he had ieii for plota. Pope had but few wuk
8
tmd oiherSf/or a TreasonaUe Omgnracif. A. D; 1728^
Ibe Hotue, " That be bad
lMiia|»nearioiis of teals before delifered
ia the Uouae, anil conceived they were
lim two caataeabfrom one onginal.'*
1m paperSf ddkvereil in sealed up, beiosr
•ad read ; it appeared that be bad
a right jiM^fment tbeieoa.
the eridenoe for the
lay the llth,
bciag ooodudedy
mtimniine Pkipps made a short recapt*
of the evideoce, as follows :
irds ; we have done with our evidence;
m we bare fully answered every part
diai;^ contained in the Bill, and appre-
mn is no one circumstance left un-
4* Particulariy, that we havetotaOy
Ml the credit of Neynoe's hearsay evi-
Por when the improbabilities, moon*
•9 and contradictions of bisexamina-
reonsidered, and the testimony of the
• is duly weighed ; no person can give
t credit to what he bath said, witbont
the greatest violence to his reason.
it is wonderful, that the counsel for the
■M insist he should be credited in any
If hen we have proved, he bad the cen-
to decUre, that a right honourable
■d endeavoured to persuade him to ac-
abn of quality of tbmgs be knew no-
•
ktnot said that, when he was to be
wL that right honourable person bad
r la private, and told him, what ques-
mi DO asked biro, and what answers
jlfm ? Dill be not say, that the very
■Oeman gave him five questions or
El told him what he should reply to
P Hath he not saiJ, that refusing
ce, he was threatened with New-
ai that thereupon he gave them infor-
against m)r Lord Bishop and othen ;
i he not the impudence to say, that the
j|ht honourable person offered him*
fjOf» per annum, and a place, to accuse
MiBg lords, the earl of Orrery, and
■Ml prelate? Aod that being asked,
'''he knew any thing of the plot; He
li^ aor any body else ; but that be
•fwo other plots, viz. One of BIr. Wal-
iBH the protesting lords, the other of
>ifiP Mr. Walpole, to ffct 2,000/. of
m^is proved he declared that the
Mtaum pressed him so hard to accuse
nDDSt that he had it once in his mind
op that right honourable person's
k'lhi in those few he made several
Htaato Atterliury express the utmost
■■h^naass, and gratitude; perhaps,
li oat only in this world that I
IB to remember the bishop of
^t their last interview in the
^rcaenled him with a Bible."
rPope. See, too, New.Parl.
[57*
iword,and run bim through with it; andao*
make an eod of the plot
These are tbidga which hare been provaif
oponNevnoe: And all tbeae tbii^ beinf 000-
aidered, I believe the counsel for the Bin wiU,
readily agree with me, that no credit onght to
be given to one word be has said: Andif bb
evidence be kid aakle, the greatest part of the'
charge against my Lord Bishop falb to tha,
ground.
Mj kurds, the evklenee Mr. Lewis gave waa
very material. For be shewed yeor lordabipa^
that Broekett, who was of the post office/ waa-
so skilful in coonterfeittng bands and aeals. that,
be wrote the aoperscriptien of a letter, and took
the impreaskm of a seal, |md sealed it agam},
and did it so weU, and gave it such a lasti«p
that Mr. Lewis cottM not distiogubh it from
the original.
The engravers likewise said, they eooldtake
off the impresMons of seals so weU, that they
conU not be distinguished : Nay, though tho
wax were broken, yet if no part of the wax
were lost, it hiigbt be done.
Yodr hndships observe bow the
themselves were mistaken in relatkNi to
impreaskms, which were nrodnoed to them;
And yon Arther observe, that tho seal b qoei*
tion was a Cicero's head, which all the en-
Sivers agree to be a very oommoB one; and
y bad many of them: '80 that no oljeotkNi
can be nuule agaiqst m v lord on aoeonnt of
that seal. Nay, one of the engravers said, it
appeared to him that the seals of the two ietteim
were not the same. Aa to the dog, there m Mr.
Crawford's certificatCi and Binmngbam'k affi-
davit
Aa to Mrs. Barnes's evidence, she bath
found out now, that there were two dogs, tbougli
nobody ebe ever beard of two. She said, the
firrt waa for the bishop of Rochester. Now it
is plain, the 6rst was sent in March ; and it
was bis leg that was broken : And Birmiogbam
swears, and Mr. Kelly solemnly aifirms, that it
waa for Mia. Barnes, and not lor the Bishop.
As to the three letters of the SOth of Aprils
we have proved it impoasible that ibe Biabop
should write, or dictate thoee letters to Mr.
Kelly. And yodr lordships take notice, bow
the butler came to observe these letters could
net he written by the Bishop ; snd the servants,
though under confinement, and not permitted
to see any body, agree in their evidence.
There is Gordon's affidavit that he never liad
such a pacquet : And James Talbot was here
in town the 29th of April.
Thus, your lordslii|is observe that a Bill of
the most extraordinary nature that ever waa
seen, hstb been supported by the most extra*
ordinary evidence that ever was heard: And
we hope, we have aet the dark passages, of
which the charge ia compounded, in auch %
light, that every one may pbiinly see the right
reverend prelate ia not guilty of any one of-
fence charged against him.
Mr. IFjpajie spoke nest My Incda; I thaU
»75J
9 GEORGE I. Proceedings against Bishop AUerhury^
be^ joar patience to close our defence with an
observation or two on the evidence that has
been given bv my Lord Bishop : and 1 need
take np the less of your lordships' time, be-
cause our Witnesses have fully answered all f
opened, and in many things have exceeded my
instructions.
. And for your lordships* clearer apprehension
oF so many yarious and perplexed facts, I shall
just recapitulate what 1 humbly conceive to
' have been the substance of the charge against
my Lord fiishon, and, as briefly as I can, state
the evidence, which we have produced in order
to falsify and disprove it.
The first and chief accusation against his
lordship was founded on the informations of
Philip Neynoe, and therefore the first part of
our proof was as to his credit. Your lordships,
I doubt not, remember the purport of his in-
formation read against us, and the many gross
absurdities and inconsistencies in his other in-
formation read by us ; and likewige how fully
they have been all disproved, and the credit of
them entirely blasted, even from Neynoe*s own
confession, several times repeated, and con-
firmed by. three unexceptionable witnesses.
Your lordships have fully heard of the ter-
rors and apprehensions he was continually
under; because (as he himself expressed it)
be had given false informations against this
reverend prelate, and so many other innocent
Sersons. Your lordships have heard the io-
ucements he had to give those informations,
and how otlen he had declared his intentions to
escape, in order to avoid the punishment which
he apprehended roost justly due to him, because
he could not make out the truth of them.
Two of those witnesses (Bingley and Skecn)
are still in custody, and destitute almost of all
the necessaries of life : 1 say, my lords, they
are still in close and strict custody, aud conse-
quently there could have been no opportunity
to lead or instruct them in what they should
say, or so much as to be apprised bei'ore-hand
(which surely would have been a reasonable
liberty) whether they could sny any thing ma-
terial or not ; and we are only beholden to those
lights, which the Report of that honourable
committee has afforded us : And all throe of
these witnesses utterly u.iknown to my Lord
Bishop both in |)erson and reputation, as well
as his lordship is unknown to them. They
have not conversed together for several months,
but yet are perfectly consistent with themselves,
and entirely supported and confirmed by each
other. And all three declare, they had very
early told, aud frequently repeated this account
of Neynoe to their fellow prisoners and ac-
quaintance, as long as they were permitted to
have access to them. Mr. Skeeu bein^ asked
in relation to the discourse between hiiu and
captain Fancier, as in the printed deposition of
Fancier, A pp. D. 1, has denied on his oath
every word of it. He says, indeed, that cap-
tain Fancier used all his endeavours by treats
and entertainments to induce him to supiKMrt
dusinfonnatioo ; but that he never gave bioiy
nor could give him grounds to say ai
thing of him.
We have shewn your lordships, tt
Stew&rt in particular was so far from p
np, or contriving evidence (as was obj
him by the counsel for the Bill) afler
seen the Report and Appendix, that
given this whole account to sereral persi
efore. For he says, the things which
told him were so surprizing, that he cg
stifle them in his own breast. Thoug
lordships, 1 doubt, not, observed wit
difficulty and modesty he was brought i
out in this public manner, where bis <
seemed to reflect on a gpreat and hoi
person.
Two of these persons have likewise b
duced to your lordships. To one ol
(Mr. Gordon) he told these matters soi
even before Neynoe's death ; and
Kynaston some considerable time be
meeting of the parliament : and we coi
called others to the same purpose, but
were unwilling to give your lordships
trouble in a matter which already ha^
thought, the fullest, the most satisfact
consistent evidence that could be.
The second head of accusation aga
reverend prelate, was upon account of t
letters of the 20th of April. The two
before observed to your lordships not t(
minal, if really designed for, and addi
the persons suppo^. The, third n
likewise shewn by various circumstan
reasonings, could not possibly be addi
the Pretender, whoever wrote it, or ^
ever else it might be wrote to.
And the evidence offered to prove
have been dictated or wrote by ray I
shop, was first by the subscription oft!
mon name of Jones, which they would
denote his lordship. As to this, I doi
your lordships remember, that even in
phers and letters that have been read, tl
of Jones is manifestly applied (as the <
tee themselves have observed) to man
rent persous ; sometimes to one, and soi
to another, as the circumstances thei
tioned seemed to give occasion ; but
once in any place, with reason or juf
applied to my Lord Bishop.
The next prudf that has been oflfered
lordshij>s, to prove these letters to hi
dictated or wrote by the Bishop's pri
from the ill state of health, the deatl
lady, and the present of a dog ; circun
which, they say, are applicable to the
and to him only.
That his lordship did not, nor could
write or dictate these three letters, v
laid before your loitlships such a prool
like hardly ever was before : and it is i
hie, in my humble apprehension, for a i
to be more fully proved in any case,
lordships have beard the great weakn
inability of this reverend prelate at til
time for ail manner of business aoil on
and cikeriifoT a TrtasonabU Conijnraty.
A.D. 172S.
t5M
Uft Im than »ix, if not sctcn of hi« ser-
H--
ff"
biil.i
ll^t \
anil positively to it,
ibic, without ttieir
' '^^ ^'veu to perform
; of life. One
J tMelaoclioly cir-
elves, lufficieut to guard
lavt^nemnch farther;
jr tonbhipstha^ no St ran*
'sroiim all that time;
a coiiaiderable time
I <»f Aprils iinder his
- persons ihiit usually
f:sjhJiop at other times (as
auil his tfirrs tuiorj b»p-
ubsent at the election of
r- ■"«= ^rbo happens to be u
ia the Tower, beings
i . :..<! Bishop had not put
1 these circumstances t toUi
ihat it was entirely bis own re-
U^ctxHip t»v cii*»tittHy taking up the Rejjort,
my I^iVd BiKhoii wns <:mw tn fieri, nnd
on lhat part -
(rpr-f ^lih ha\)i
k'ne next d;iv
Mt,anil lie
r ^
■H^ to
very
unud the Hi-
and how they^
t four or five of these
-■"'ke to these parlicu-
"ill iu custody, under
i i^ul auy opporttmily
1 were hanlly to be
|\ wbett he bad need
liicnce J and yel ei'tiy one oftbem
perfectly consistent with tlietrt-
i ontf wiib ibc other, and alt equally
Hav Lli chop's
liiiiMit( rrmr
>»» your lopdithips, I
inpb nntv uiider aivo-
nHihti
^as aa
ui* And u|K)n the* whole, I
ve his lonUbtp to have
*e three letter*, hut what
rored and fabitied by some
' is proved that
tf«?r^, WR», from
7a, 10 the
.U iMinit»ef
and your lordkhipn
not permitting some questions nut by aii to tht
decvphcrer lo be answered^ will nf>^ — »t i" us
Oatly to dit»proYe it« But, with fi to
your lordshipSf it aeema impossti rti
even thua much with .inv de^^rec y,
and it must be (oa 1 before obaei'^^ ,, ^uf
lordships) matter of conjecture only ; and it
appears manifestly to your lordships, hv aefe-
ral pasaages occurring^up and down in this cOr«
respoodeucc, not yet decyphtrcd, that ciihet
the art is not so inVallihle, or that Mr. Willes itf
oot to ^reat an artist ns he pretend* to lie»
But, my lord*, i" uch a number Jo
this cypher does v* ■■ a (person's name,
or title, berinninj* wiui rue letter K, whats*
atrange and oncertain proof is that, to fix*
charge of big"!! treason on the Bishop, when
there are other persons* names and title* found
like his, and many oltiers which begin with the
rery same Ittter ; and ihh not to he admltteil
a£ evidence in a tnimite or incon&ideiable cir-
cumatance, but in the very ^l^ of the supposed
offence, in the pri«Kii>af funtntiitltui of" the
charge, in the oi ' 1 ;
and, which is to »J» _ 4,
into high treason t'
Another way of proving these leltem to huva
been dictated by the Bishop was, tnicause ano-
ther, supposed io i»e tax answer to this, oicn^
tioDS the present of a dog-. I need not here re-
peat what Mr. Kelly himtelf has coofttiinily
aaid in his e:\ j i ' V 1 because your lordship»|
I doubt not, r ^vbat llf rs. Barnes said ;
that ,Mr, Ktiiv uuMrii sometimes told her of
another dogf ill at was for ilie Bishop, but that
she always n--' «— ■' -i <'^** ■' ^ ^ .^h,. K *Ua
bad in tier [ t#
and never he^.„ , - .^ iie
from France: she owns, that she never re*
ceived any one roessag^efrom the lit?hop nhoot
it* bulKlill kept it, when it was aa
her own, a^ long at it lived ; ai jd«
lordship never had, nor loved a doy tu Lib life^
yetitivould have been natural, ami good man*
neni to the person that sent it, especially if §^
coniiderable a person as is siipposett, to hav«
made now and tlien Jiomc little enuulry about
it, if my Lord Bishop had really known ouy
things of the dog".
But we have ihewii TOur lordships by th«
solemn attestation of Mr. Bino- -^-^•" 'h^
French surgeon, that
gfave thi« '^""^ ^"» iitrnr
nriEidam
lities in
irtibati^ 'ent.
he was ti
I, o J 1 tn
I'ivi-
; , nor
He hkewiiie snys, that
be iievci i any tuch thini^ nn n tlft^:* op
mesiage irom lord Marr» (as alb Ite-
nort) nerrr had any tile Icani i tho
bj.' ler, or his lady, UiiJLh lessor
tn. . one or the nther (to both of
which he "Its uUeHy imknown) an^ such pre^
Vour ' * ' *^crvc thm to huve been ^
solemn "^^ ^^}^* '*.*' » person nol
onlyrepiurn, .Kii ....»vted likewiae by ihe lorv
of the aeigneury, to b^re beeti t l«i^l u^itAt^,
57J>]
9 6&0RGE I. Proceedings against Bishop Atierbury^ [S60
and to ba?e exercised his office as such for
some time. That ihe testimony of such a per-
80U beyond sea is a fi^d and unexceptionable
proof m every case, I need not say ; or tliat it
has been often allowed here, where no other is
to be had, nor any other * method to have the
benefit of a man's testimony that is beyond
sea. And our witness has told vour lordships
that he has frequently translateil such yistru-
ments : that he belicTes it to be the notary's
hand-writing, and the public seal of his office.
1 need not, my lords have said thus much ; for
in all events it must surely have been of more
weig^bt in your lordships' judgments, than the
extract of an information given by a person in-
famous iu his character, absurd and inconsis-
tent in all he said, and without being signed or
sworn to, even by that person.
But yet this affidavit of Mr. Birmingham
has the more credit, because his majesty's own
resident at Paris (Mr. Crawford) has been
pleased to examine him about tliis matter,
(being employed by him in his profession as
a surgeon), and he has conlirmed the same ac-
count to him, which has been likewise trans-
mitted, and read to your lordships.
Another way of proving my Lord Bishop
to have been concerned iu these letters, was
from the band- writing, which is suppo:icd to
have hecn Kelly's, aud he is supposed to have
been his lordshio's secretary in these matters.
But both these allegations we think, with sub-
mission to your lordships, are still utterly des-
titute c^any proper or satisfactory proof.
I liefore observed to your lord^^hips, that the
first time the clerks of the post-office have
made any deposition about the similitude of the
hand-wriling, i\as four and eight months aller
they had seen the original letters ; which is a
little of the lutest so exactly to remember all the
little strokes and turnings of a pen, by which
the identity or diversity of a hand can only be
made out. That Malone, the footman of ftlrs.
Barnes, \i as never called upon for his testimony
till January last, that is, nine months after he
had seen any of Kelly's writing, and conse-
oucutly not then very able (if ever he was) to
form ajudgnientof it.
1 have already observed to your lordships,
tliat this was tlie' first, and the only instance,
that any evidence of the similitude of hands
was ever admitted!, but where the papers pre-
ttuded to be in the same hand were produced
and compared in court ; w liich is so far from
being the present case, that the clerks of the
post-office never had any opuortunity of com-
paring the original of the 20tli of August, with
any one of the three originals of the 20Ui of
AnriljOr with any one of the intermediate leUers
which they affirm to have been in the same
hand : so th<it they are made the absolute and
ultimate judges of this matter, without any
possibility, on our side, of detecting any casual
or wilful mistake.
And I would not again repeat an observation
* 6 ilolki Rep. 340. Law of £vid. 3.
I have before made to your lordships, that t
great part of these letters are in figures; and
how much more difficult it is to distinguisli tbe
hand of one writing in figures, from wordianil
syllables in length ; because we have sbewa
your lordships, by three iiositive witocnei
(well acquainted with Mr. Kelly's writing, one
of them above 20 years, and hit school*
fellow), that the only original letter of tbe
20th of August, stopped at tbe post-office,
as a sample to the rest, and which is tho
only foundation upon which those clerks bin
affirmed these three letters to have been Kdlv'fe
writing^ really and in fact was not his, nor luK
it. This, my lords, we have fully proved Ijf
three witnesses ; and as a demonstratioi lif
what they said, they shewed your lordchiii,
amonff a variety of papers produced to then *
your bar, that they could at once distuiMk
which was Kelly's hand, which was any thiig
like it, and which was not.
We have likewise produced to your lord-
shins, the solemn attestation, on oath, of Alex-
ander Gordon, junior, the son, banker it
Boulogne, that no such packet of letters evrr
came to his hands, as mentioned by the com-
sol for the Bill ; and consequently he coaM not
deliver any such to Talbot, (wno, they nyt
called for them at Boulogne). He farther de-
poses, that he never had any business or inter-
course with Kelly or Johnson, nor ever had a^
quuintance with any person so called, in his
whole life.
Aud we have proved to your lordships, thit
James Talbot, the tall black man, described is
the letter printed in the Appendix, aud wbo if
supposed to have been the person that called
upon Alexander Gordon at Boulogne for tbil
packet, was so far from doing it at the time f up-
posed, that he was at London that ver^ day, si
appears by the unexceptionable testimony of
Euward Crotton, his shoemaker, and by the
entries of his shop- book, to whom he acci-
dentally paid a bill upon that very day, it hit
house in London.
We have likewise shewn your lordsliiptb^
two witnesses, Mrs. Kilborn, and her maid
Anne Ellis, that Mr. Kelly was at her booft
in London on the 20th of April, (the verydi/
upon which my Lord Bisho^i is supitosed lo hart
dictated these letters to him) and by a great
variety of evidence, impossible to escape auf
one's memory, that my Lord Bishop was lU
in bed, at Biomley in Kent: and * quod nott
* datur actio in distans,' is an axiom of reafo*
as well as of philosophy.
And I inubi humbly submit it to your lord-
ships, tliHt it has not yet, in the least appearcil
by any shadow of v\ idcuce, that Mr. Kelly
ever was employed by my Lonl Bishop ^
carry on a correspondence ; that he wrote so/
one letter for the Bishop, upon that, or upo*
any other occasion whatsoever.
That passaue in the letter tO Weston, tbit
seems to give countenance to such a snppott*
tion,the learned counsel for the Bill loldai
yesterday they had wared, and were angij
SI J and others, Jar n Treaionttlh Conspiraci/,
it mt should offer to ilisprove that wlkich ttipy
I not proved. But, wiih sutiiniasion to your
tiiliips, though ihey have bpen pleased to
that part of the charg^e an;ainst my Lorfl
ip, yet, as U makes no small or ioconsi-
appearance in ihe Report of that
durable Hou«e, antt will Ite so handed down
erity, we thought it proper to give an
U ; and, we hope, li Ijas tM?en to
shtps^ satisfkction, and still in your
next thing was the letter to Biibom ;
eootVss myself at some loss In koow for
t purpose that was read in evidence to your
hips ; for the counsel for the lid I have not,
, made any paittcular and direct use or
►licatittn ofthat piece of evidence, and tliere-
! I shall submit it to your lordships upon
I observations I before made on it,
here was indeeil, some of your lordships*
^ speot in compiiriug^ the sea] of that letter,
I Inat which happened to be taken on my
1 Bishop's servant at the Tower : if it was
ded B3S any proof, I cannot at present
however, we thought it proper to Ibl-
ihetn in the course and manner of their
^ and your lordships yesterday have fully
i the danger and uncertainty of adiiiitting
a proof* First ynu havi* had some ac*
Iffoni Mr. Eras mi is Lewis of the known
ce of one Brockett, who was able to
I any man\H baud or seal, in such a
J that even tlie penon (whose hand or
rVas) should not be able to distinguish it
I his own.*
we prodneiil to your lordships two
iTers^ wlio full}' attested tlie same thing.
iktos stiid^ that be himself could make
an impression, so as not to t)e distinguishetl
an artist, and give it the very same lustre.
he could even take an impression from a
^eal, find though there would at tirst
ly be some little ttaw in it^ yet he said
mend it, and then make stich an im-
from it, that even an artitl could nut
it from the ori;TinaL
If. Johnson, another eminent seal -graver,
tewise told your lordships, thut he could do
e fame thing: In parlicutar, iliat he hnd
te siicti an impression taken in paste by
Sfr. Wisembergh, and fVom that he
Ide another impression, so perfect and exact,
It BIr. Wisemberg himself could not dis*
l^isU one from the other; But as tt> the
m of these two letters, he doubted ^tiy
whether tliey were made by the same
or not ; and from some little strokes in the
I, thai were very visible to any one, though
10 easy to be expressed, he rather inclineil
bdi^ve, that they could not be made trom
and the same seaK
And when your lordships were pleased to en-
of them^ how such a thing waspracti-
? They did not cover themselves (as
vhat Mr Wharton said intbeCsse of
I Sidney^ ?oL 9, p. iTO.
their decyphercr did) hy saying, it would dis-
cover the secrets of their art» hut frankly told
your lordships the rery manner and method of
doing it.
Their own seal-graver, Mr. Christian, owned,
that this might he done, although he had never
done it : And in the experiment made on jMr»
Rntihis, their other seal g'luver, he was once
plainly in the wrong, as well as once in the
right. And it manifestly appears from every
one of their testimonies, that this practice
of taking impressions is very easy. And
as one of my noble lords informed the House
his footman could do it as well as any of
them I m\^y^ as your lordships yesterday ob-
served, even to deceive Mr. Roulus himself,
who, they sayi is so great an artist. And,
therefore, my lords, it is a most dangerous sort
of proof, anri too imcertain at the best, to re-
cejye any judicial countenance in a criminal
matter.
So that I must humbly insist, that this part
of the charge against my Lord Bishop has not
been proved any better than the former ; and
that when your lordships do consider the evi«
dence that has been given on the one side*
as well aa on the ottier, as to this particular
cliarge, we hope you will be of opinion, that
there is no just or reasonable ground to pre-
sume, that these three letters were wrote by
Mr. Kelly, ami much less that they were dic-
tated by my Lord Bishop.
The next genenil charge against this reve-
rend prelate, was the receiving of two letter*
from abroad, in relatitm to this conspiracy.
The counsi'l indeed for the Bill have waved the
letter signed Digby, addressed to Weston, and
(as i apprehended from them tast night) did
not now pretend to prove any thing cuncerninj
the Bishop, under the name of Weston.
?j either have they as yet pretended to prove,
that the other letter from Mot field to lllingtoti
ever came to his lordship's hands, or in whose
handwriting it was wrote; though if it were
the lord Marr^s (as it is supposed) many of your
lordiihips must have been well acquainted with
it. Nor has it been yet said, that my Lord
Bishop ever returned any answer to it.
And as we have now proved (and fully too,
we apprehend) the letters of the 12Dth of April>
to which this is supposed to have been an an-
swer, to be a mere fiction or imposition upon
the Bishop ; this which is designed as an an^-
swer to it, must likewise fall to the ground as
part of the same coatrivaoce.
The Ui^xt and last general charge arises from
the coincidences of times and names in the in-
tercepted correspondence, the more readily to
induce your lordships^ belief, that my Lord
Bishop was really meant by that correspoQ-
dence.
Some of them I accounted for before,
truths publicly known, but turne<l by ignoraol
and malicioutt correspondf nts to ill purposes, i
else as absolute (slsities, and manifest mis-
takes.
We have %\ixmy\ -jwit \in^^\^ \r| ^ws^Mk
I
I
9 GEORGE h Pfoce§dings against Bishop Atierhtrgf [^
reasouij, Ihat tbe ficlitious names supposed to
denote my Lonl Bishop cannot Uc applicablt? to
linn with any colour^ truth or deceticy ; that
thei'e is a great tloubt to be made, whether
many others oi' those fictitious names were
^alfy intended fbr the persons supposed to be
denoted by them ; and especially, that Jack*
son, to whom the letter of the 26th of April is
addres&id, we have 'proved by various argo-
fuenis, and eren from those ligbu the c*>m-
miltee have afforded us, could not possibly
mean the Pretender, whosoever else it may
mean ; and conseqncnlly that that fetter (if it
vere wrote bv Ketty, and dictated by the Bi-
jbpp) cannot oe t " ' 'r vimi,
"^ And as io Iho I times, and the ac-
doiiutii of ray Li**.. u.^-m^.'s coming and going,
h must be owned they are sonaetimcs right, but
a>i tjfu'ri ivroog,
no doubt but the correspondents on
'' iie water, whoever they were, w he-
inaUce or vanity, or out of any other
->■• i, apprized theoiseUes as well as
i< of the Bishop^fi motions to and fro,
i:' i^ive the belter colonr or probability
to \iiiul iiicy said of him. But yet it hm liap*
l^eoed, uuluckity to tbem, as your lordsbipH
JoBve heard, that out of six or seven instances
^ccurrm^ in these tetters, two only are true;
two of them may be doubted whether true or
fatse, because ambigiioualy eicpressed ; but
lliree of them are gross mistakes, as appearm
even by the accounts of their own witnesses.
And the mteitakes are the more remaikable»
l»ecauj(e they all afiirm the Bishop to have beeu
^n the country^ when be positively was not:
yhereas it was ten to one, but thVt the mere
giie&ies of a stranger at that time of the year,
bad been true ; itud the rather because bis
lordship was really in tlic country ten days to
one that he was in town, all last summer,
Thtre is another thing remains for me yet to
Ipe^ik to, and that is the iutlorary of my Lord
rfiiihop with 3Ir. Kelly ; which was htewise
iJirtHTn in to swell the number of circum-
ftuices, and as another weighly argument to
ijiduce your lordships* belief ot the Ibregoing
IDatters.
But has any thing appeared to your lord-
ibips like it, even upon their own evidence f
First, a chairman is brought to tell vour loni-
Slips that he carried Mr. Kelly to tde deanery
iree or four times about four years ago, hut
||))e Bishop was not once at bome. And a
|>ortpr snj?, be carried two letters from Kelly
to th^ one of them about Chrislmas
l«*»t \' nootb, and the other letter some
t- iL^t ; but receive^] no aniuer in
"^^ r message, but only bis service to
Bir. j\« liy. But there is ode extraordinary
Circumtituuce, which shews htm, I confess, to
Ijc a very willjng evidence, though not so fery
Itkely and credible ; that is, ihat tbis porter,
'iCriy as he mu»t be in the midst of winter, de-
lirvered his message to the Bishop in bis bed-
"^ irnber,
Ind Malone,
ipenaoi
iisually i
ed Mr. Kelly, anil went on bis erraikjf, 1114
asked to the same purpose; aad oae oigtu
have expected that be should have given torat
accoanl of ii» and had bevn tifleo eflipl«iyr»1 m
errands to and from the deanery' ; but t
it to your li>rd5hips^ memory whether
not say, that be never was it the d
bis life- time, nor did know to this day
stuod,
Mrs. Kit born, wHb whom Mr. Kelly
lodged a considerable time, say$$, she rem
hers a message once came to Kelly froui
Bishop; but positively denize
Bishop's coach ever came In
at her bouse, as that honouranu- ir
have been pleased to utfirm id iheir
And I appeal to your lordibips' metrn
ther Mrs. Barne«^ whom the cOUfiftel
Bill think so crediide a witness in soi
respects, and wiMi ^bom it must be conf<
Kelly frequently lodged, was not ec|U4ll<
live m this rnattei*, and ttiat she did n* *
there could he any hiendship or tntei ^
tween the Bishop and Mr. Kelly witboot
knowing of it.
Thus the supposed intimacy and .grait
<]iuaintance between my Lord Bishop and
Kelly stand upon their own evidence* Ai
beseech your lordships to cnni^ider, whit
or degree of proof alt this can possibly antoi
to. But we have shewn your lonlships ihvM
rect contrary, hv no lei^^s than ten uitiiteu
servants to my Lord Bii.i»>p, sumc or other
which were always with him, whether '
in town or in the country, and every^
them has lived with his lordshtp af
years ; and they say, as it were wrlh one f'
that they don*t remember any such )i
name as Kt^tly or Johnson coming
bouse ; as they must have retnemf
they say, if be had been freipieni in bis
or messages; and some of them say,
usually wrote down the name.s ot those thai
come ; and the coachman in particular,
has lived four years wuh his ' '
pears now as evidence again ti
therefore cannot be supposeti }f.m u^i m
his testimony, is yet aa positive and pei
tory, that he never saw ftlr. Kelly or Johni
at his masier*8 house, in all hiii lime. Ai"ib**
ing carried to the Tower by a nie^.^eiij/f r
see if he could recollect his Vuce, '!
owoed be had never seen bis face I'
being asked bow he could prelend to know
persons that came to the houjie, whose bi
was at the stables? He told your h>id!»hip<f
that be was as oAen in the house, used to wit\
at table when company was therr ; and tha^j
him come which way he would, he slid
hare seen him coming or going, or have I
of him ID the family^ If he was a person
had frequented his master^s house.
Some of the other servants bkevfise spoke ai
fuHv to lliese circumstances.
We have likewise sbe^n your lordshipabf
Mr. Po}>e, who has been for thcne two or
last yearsj the mo^ coost^ot compa^iioft t
lia^]|B
1
n^JuT a TreasonaUc Camfifae^.
|l*h»{»*s boon ; two or Uiret* days, kc ssjs,
*^-^ * 1 every tv^ek, nod au htiur or two aU
vtfry ol* tliu^ days : ibul hL«i lardiilii{»
II it) orie t (Hjui, \s\\\c\\ 1 thiuk has
er ; that h« was adiTutted to him
id into ftll companies, and never
oiiTie change at liii cominjf in ;
ii|) nevcT in llie lea«l discovered
hfHiffHii or intent itit I* like iho&e iiovi'
fd upon him I Uut l»ad beard occasionally
tbta^ drut* from the Bitbop, of a ten-
directly contrary* Aod to tbb we
i Inftt cmll«d njarij others, if it were tie-
^ likfwite nrftdy to lay before your
MTeffal laborious and intricaie
several pohlir Uini.iirw.c^ anj contro*
titaltera ol I \mX\i diBeretit
which til y Loi.l i, :. - wa* ttiifaged
and would have bt-en a futl
jriniriil for sotite men's whole lites : but
lurdUiipfl did not think it necessary ; be>
, a^ rvr [inpp, fidty »aiistVed and conrioced
p*B iwnoc«ticy» by that variety
. ^ ^1 liml liefore niade.
»aic^ uiy lords, some other obeervatiotis
ht bt} made i but have lieen, I dnubt
f en notice of by the
H before me : aod
LIjiu iH (lie Mtuxini)L4^ and |iur}«ort of the
I has been hitherto offered on both
\ idiie or saccess of Miis long bear-
r htt \ know not ; ttiat Lh in your lord-
Aare ooly to deter mloe ; to n»]uit or
but I hope you will say, We find
^CtuU at all.
vhioh has been ai^inst the Bi-
I (ST it can dt»*erve thru name) has neaher
itiwdi ^^ i« rc'isonnhk' in itself^ nor affree-
I oceedin^!* of lnw ;
ircutiieitancL'ftf con-
wis ; ivlterc-as M^e hare
ivtKl rven ilietn^ by fur
|»rijh^;>Jtti« *^, ruijch slrosif^t^r cuciiin*
and aliiM> hy siicti evuU'iirr, as noiihl lie
' I I uny c<>url (jf law
\\,
't' I rp ,mr venture
iiaiu the
|.^. iii'^MOSt
vp; itoti ioti
I riTean, that
1*1 your bird*
im*i degrns oi probahihty, or the
m atiftof presuuiniion ihiil i» known
a«id tberefore i»liatt huinh!> rtMt<)tide
^t^yn lur CJon^taiaiuc Thipps
\ before mc, that your lord^iDS wjH
iBUL
JiuA^i^ thcti stiokc in His own defence.
: I have bc«fi UQdcr ft f ery fnuff
. .^.^4i4ii#f]iimlv and bare Ihmi trcaUtd
f^waAw^ grc«l indignity* «« I
A- ». 1723, [980
believe no pr isooer in the Tower, t>f my acre^
anti fiim^titm MiVil tiiTtlc, ever was r By whicU
> and use of my limbt |
li , iist roretoiitted m Awgiwt^
last, is now so tar declinedf that I am rery un« J
fit to make my defenco against a Bill of luclt^
an extruordtiKiry n^ittire.
Tbc i;^reut wtakniMt* of body and mind nodef^
whioh i labour, >»uch n&ayfe, such I
such insults, as 1 have undergone, n.
broken a more resolute aptrit, and iaucli,|
stronger const i to timt tluui falla lo vay ^hare,
YiMi. ' ' ' ' ■" ■ '. .' ;■ ,M niiii me l^i'
appci Mins* if h\
my disadvantage; as, in tact, the counsel foi||
the Bill have done their utmost towards it.
1 should not have lUoa^ht lo decline any oc«*
castonofju^tifvinqi' mys^elf; but 1 crave leavf
to tell ypur lordships some reasons why 1 didi]
not appear there, and make use of the leave >
your lordships guve me.
Aller seven months of close imprisonment, ffi
was out a Uttle «iurprixed when 1 heard^ ^^*^
on the 11th of March, by the Hoo&e of Com*f|
mout, it was thus re)k>lved, ^^ TImt it appear
to this House, that Franci* lord bishop of Rft.*J
Chester, was principally concerned in lormiogM
direct in;; and carrying on a detestable conspi*
mcy,*' ^c. f|
Upon duly weighing which HeaoUitton, and
the eopy ofihc IlilL I found not any thin|
charged in the BilU but what was futly con^
tallied, and previoujtly resolved in this vote|
an4 therefore whatsoever should havo been^
offered on my behalf to that House, wouli
have been an ex^rrtJHSconiriidiction to it. And']
what h4»pi*)t 1 coiild have of success tn sucfa
an attempt, f ne^ii not say : ivhat they sent nitti
was the preaniblv of the Bill on|y, which theM
could not alter consistent with what they ha'
resolved*
I'fie liill itself wais to inflict pains and penal*
ties, which followt^d ; but there was uo roonil|
to nliject against any of thrme wbich ihey ba
not then declared ; they littvc since heenadde
and sent up to your lordships, in like maonerif
without any oath utade, or any criminal ac%|
proved a^nm^t nie by any hiinc^'witiie^is. An
ts a |»ersoo, tints sentenced below, lo be
urived of all his preferments, and his
liaiiclkkn* and lo be a tierpetual exile, and to I
rendered incapable ot any office and employ^i
meiit f To be one whom no man must corn
fiond with by letters, messages, or otberwb
And, my lordic, one who is a bishop of tb
Church of Eng-land, and a loni of parliament ^
It is the (irit ioilance wherein a tnember <
ihiH Hvm^ h«ith been so treated and pr»|od| ^
om! (as 1 have once before said to your Uird^
aliips) I pray God it miiy be the lai»t, andlha^
ffuch precedents in this kingdom may not b#
inuliiphed in aClirr* timet.
*'^ loael have amply done their pari, by
'lO |iointi of law, by explaiuing^ and
ii..>.^.^.^ the evidence, and shewing the little
colour, appenrnioo aimI almdo# of |in»o4 1
587 j ^ GEORGE I. Proceedings agahsf Bishop AHerbury^
hare been ileeply concerned to forminc:, 4
reeling, soil cArryiog" oa a ^ickfHi unl
con^piracy^ and was a principal
me^ (permit me to call them ao) by atiswerinj^
whnt Uttxh been offered a^aiost me, anJ bv
IfteUm^ out lUe conse<}uence nhich futch a fiilK
ounded and carried 00 in such a manner, and
rtiich enacts such severe peoallief, roust anil
vill he aitended ^'Uh.
Yet It becomes me to say something for
lyself, lest my silence be conitrued cousci-
oiisness of gtivit, or at least an unwillingness
to enter into matters of so dark and perplexed,
so nice and tender a nature ; as if I was not
able, or did not care to clear and t^Kplultt my*
^flelff and rather chose to leave it to the raanasfe-
aeot of othcrit: I thank God« I am under no
uch restrain t« and can speak to your ford-
llbipa on this subject with great freedom and
plainness*
Bat before I proceed, 1 beg leate that I may
•present to your lordships some particular
|iard!ihi[»s under tvhieh f have labourt^d,
Tbeiirst is, readiner extracts of anonymous
letters, without suffering any other parts of
the same ktteri^, thougfh relating; to tlio same
Mibject^ to be read, — Another is, excu*iiug the
decypherers from answering- questions asked
by me, and which I thouijrht necessary for my
de^Dce ; lest they should reveal thdr art. The
next is^ not sutTermcf me to be answered bv the
clerks of the post-office, (t^st the secrets of that
office iibould bediscovfred,< — Aooiher was, not
fiuffeting- a person, who had been at least ten
^ years out of the secntary's office, to answer
any questions which came to his knowledge by
being some years in tliat office*
Auuther is, reading eiamiaations neither
dated, signed, nor sworn to.
I Another is, rcatlio^ tetters supposed to be
KCriminal, writ in Duotner man^s hand, and sup-
|tosed to be dictated by me, without offering
any proof that I either dictated them, or was
privy to them.
Another is, not allowing me copies of the
decyphercd letters, thoujrh petitioneil fi>r, till
the tri.)1 was no far advanced, nod I so em-
ployed and weakened by it, that I htid not
sufficient time to consider thent. — Another is,
not allowing me lo read out of the colledion
of paperti bl'fore the House any part of them,
in order to discharge myself, but what hath
been read by clerks.*— And all this in a pro-
<5eeding where the counsel for the Bill profess
they have no legal evidence, and that they are
not to be conlined to the rules of any court of
law or e4]uity ; though, as ollen as it is for
ilieir service, they constantly shelter them-
selves under it.
My h>rds, these are the hardships which I
previfMisly mcrntson, anil humbly lay before
your lotdships.
By your lordshijis* leave, 1 proceed now to
make that defence, as w^ll as 1 am able to
make it, m the condition of healih I am now
iu ; Immbly praying your lordshi|is, if I find
myself in any degree sinking under it, that
you will indulge me. and allow mc a little time
to g-o on.
The general cbirfe i^f the Bill is, thsit I
table
therein.
The charge is divided into two beids:
First, That I traitorously roaiiilied
corresponderl with divers persons lo fmiseaal
surrectJDii, &c. tu this kiDgdomp to
foreign forces to invade it, &c.
i^coDdlVt That I traitorously
with the same inteitt, with persons em'pk
*kc. But neither part of this charge hath I
made good by the counsel for the Bill, 1
have they proved, nor attempted to proved
at one consultation, nor is there any thingti
towards such a proof, except the exploded I
of the Burfonl club : and two or three \u
informations which were mentiooed of my I
Strafford, lord North and Grey, lord On
and sir Henry Goring, said to be concerned 1
the management of this afliair. i haiQ
all these lords, I own it, but at difffei
and upon the best recollection 1 can
never was in all my life with any thrc^l
them at once, unless, perhaps, about
general matters depending in parliament,
earl of Strafford hath visited me, and t hsfj
when in heal lb, dined with htm once at \
house. At my lord Norih*8 table I have
eat : though I have great honour for him,
1 never had any intimacy with him, esp
since the affair of the dormitory, '-^
appeared so against me, thiit 1 <
lost the cause, had not his affairs c»..
Holland,
I^awson had sworn, tlmt this lord did 1
visit me at Bromley ; but in truth he d'^
%vas there above twice or thrice: in alt his lifi
time.
J have not been once these two years
lord Orrery 00 any business whalsoerer; '
twice dined together at the house of a ]
whose name it" I should mentiuu, your 1
ship would not thiuk there was any hariQl
all in dining there. 8ir Henry Goring I oe*lj
saw ill all my life, till he saw me at St. Jamd
ftud he WHS hut once at Bromley ; and the «
casion of his coming to me, was his p)Aoi[l
four sons at Westminster school, and 1
to breed up son^e of them to the
last lime I saw sir Harry Goring^
twelve months ago, when i promised to
down one of his sons to he upon the found
tion ; and I sholl be sorry if 1 cannot bei
good as my word-
Your lordships will excuse me for being I
particular, when you consider how dan
the charge is, and how fft it is to clear
persons charged from Mich ntischievous cor
spondence ; especially since it is with the
and these only, that I have been speaking <
and it is insinuated, that 1 have held con
tations with, to forward the conspiracy.
Tiie first ia an intent, and inilced a cons[
racy, without a consultation. But how hi
that too been made good P Your lordships
obs^iTf) that there is not OQe overt* tot^ or
ikefi^Jor a Treasonalie Cc
of lime or place meiitit»nrtl,
ile^tL I have not thereto r<; con*
«pirifil at Lome.
nnJ the otily matertal ptrtof the
■, curref pond leg abroad witbthe Pre*
kc.
ih and lieinous accusation, strotigflj
miirh in^Uled upoD ; but how iiiHin*
of this part of my diar|tc, aj
a» iully as I can recollert, is this, (I
in aoy degree dissemhle before vou) :
1 1 di4, the V*Oth of April, 1722, dictate
lera to Mr. Dilhrn, the lai*: lord Marr,
^hf Pretender himarlf, tioJer the
^Bies of C hirers, Mtis^rave, and
^0 which letters the names ot *ones,
• and 1378| were, by my directions,
Ml.
ily, Tliftt aflcnrards two letters, tn an*
these t\vo aent to Marr and Dillon, one
IV the JJih, and the oiher July the
ffcr the ftigned names of Motfiefd and
«rere intercepted.
ijt "^hiLt there i% certain intercepted
■■pice between the PretenUer^s agents
Bf Kelly here, carrre^l on by him;
^waa at'tlie head of it» and am aa*
tjl^r what it contalna,
' iltnce of my charge; all
POttHMtances are made use
Ug:bt would (;ive Hi^ht and
r other of those articl«^.
of these poiuts, that 1 did
letters,
utd not be possible that I dictated
f hath l»eeti aiadc out to your lonU
^4i a concurrence of evidence, ao
I and legal, as I persuudc myself
nn rintibt remauiiug upon any
' pertion; a pbtu matter
pi . such testimony, cannot
fiu by little gucaites and cooae>
in,
J I was under the known difliculty
^ncufatifc, which in many aui^ts is
t so happens in thit case,
ir imces attend it as to the
iuiv. i^iy beinf^ disabled in my
fi axid atteiitled liehir^* mid after that
tome of my serv;>iiU, and ^. '--li .nor
toftctiages t\um othcuv: the
Iv of III V Scrvuils. t'utit nu - ^ .
and tor some
full ei^idence
^ 4it \Vn]vlinin)kt<.ii' hath enabled
nts to rcdollrct the time, and
OCft m pnmf of my innocence in
[li ^ of it.
i>i e iwear, they
i*^u*!rs K* iisive been in the
of Mr. Kelly, ii>y *<upjio«ed
Ifout lordships wjll nrrnrniber,
in ere at fnur nuinths JiMlnnce
^aecii}}^ thoie letters ; durintf
i nf wbicU limft tt tiif er h^ih
nspimof. A* D. I7^3» [
appearcMl, tliut they have compared one «ri»
^innl with another,* and the only i>r. .— i '- »
6|)ecimenf hath been proved at yo; ./
bar, not to be the haod-wntinj^ot
and be pleased to remember, the •
sitton oi Mr. Kelly's being my s. ,>r
any ways iniimaie with me^ liatli been fully
ftworn to be f;iKe,
If tt l>e Kaid, who then writ those letters,
and with what riew were they writ? The
answer to this is obvious : my being here al
your lordships* bar sutiiciently explains it. ft
i« enough to prove, that I did not write or dic-
tate them, and i have proved it abundantl3%
Let but any momentous part of tlie charge
against me lie made out with half the evi-
dence, anil I will submit without any dispute.
Eig-ht or nine such witnesses would haf c t»orne
down the evidence of oue or two that had
sworn : but where thrre is none on the one
side, hut all on the other side who appear, and
that give direct positive evidence, can your
lordships deliberate a moment for the rea«ioD of
gmniJi^your judi^ment, which in doubtful eaaes
ought always to lean to the doul»tlul side? And
so taking this point as it stands, there is an
end of the whole matter ; tor all other insi*
nuations, feigned names, and obscure passages
in letters, depending upon this, must isll to-
gether.
As to the other part of the accusation, where
it is s;iid the tetter to Jackson was a (etter to
the Pretender, I have nothinsf to do with it ;
he that writ the tetter, when known, will best
be able, and moat concerned, to disprove it.
^Since this objection carries a very odd sound,
I shall briefly shew your lordships boiv that
fttatids* JacKSOD, in a cypher of Plunkett*if, is
said to denote tlie Pretender: that cypher con-
stats of 150 names, of which not one is used in
any of the letters attributed to Mr, Kelly ; three
or' four of the*e names aie used by persona
supposed to have writ to Mr. Kelly from abroad,
hut not one of them is usetl by liim ; nor doth
Jackson cver^ in his part of the correspondence,
stand lor the Preteuder, but he isalwAvH under
other ap(»cllatioDfi: nny, Ptunkett himself, in
all his tetters writ in dccyphcred names, never
stiles ihc Pretender J DckKon, but eitlier Josepb
or Jephsou,^ — ^Vhy stiould a name, use<l in
Kelly'H corre«ifM>ndenee, be exphiiiied by Plun*
kett'A cy j»her, when Kell;^ appears to be no-
w.iyN ncquninted with him, and IMunkett him-
self did never dictate to him? 1 forbear repe-
tition ; J only add, that at this rate^ there w
nothioir that may not be proved.
The fetter to Dubois there is little taid of,
because there is no use made of it ; it is charged
in the repctrt a^ a letter whicli I had received
from abroad. The tables are now liirned, and
I myself desiftneil to have sent this letter la ii
feiiii ' ^ nt, hut kept it among my
paj»' ah h»r what t-ndl' The let*
ter iKt-u r-i rui 1" r;<iit dclusioH : why, to foritith
proof, which i;* much wanted, of my reorivlog
letters that were directed Jones and lUington ;
tnd it is vtery strange, that 1^ who am repre-
4
I
I
I
691 J 9 GEORGE I. Prvoeedtngs egmut Bvshop AiUrbwry^
9 GEORGE I.
I as being to ?ery cautiouty ihouM be m
BCfl^iireot iu tbif , and presenre fometbuig tbat
h of DO use, and jret might hurt me to much,
when disea«ered.
It ii absurd to tbiok, Uui I aboold by tliat
neaos ffieDtioD tbe name of my conespoodeoty
and meotioo the name of Jobofoo, which the
committet* of the Lower House obsenrewas
coDBiaoUy with me.
I know not what farther can be said for this
natter, till the eonnsel hare further explained
it, and shewed what use they make of this let-
ter, which hath gifen your lordshipn so much
trouble, and which 1 own I do not comprehend.
Here is itiU a fifth letter, trhich I ba?e ac-
knowledged to be my hand ; that whieh was
taken on my servant Mr. Reeves haih made
some uncharitable obserratioDs upoo it, which,
Ibr ai|g[ht I know, may be allowed as Uie form
of law in tbe ordinary courts; but, I am sure,
in a coort of equity, tbe most favourable oon*
rtniolioo ouffht to take plaoe. I have taken
Qftiuotes of bis observations, and I think they
•re tliese : he observes that the Di«hop doth
not in his letter insist on his innocpooe in ge-
neral, hut considers only « hat evidence doth
affect him.
It comes oat, at last, for whom my letter was
designed, and I think that an answer to Mr.
Reeves's first observation, and 1 shall ezphkin
it no further. He obsenes next, tliough I clear
myself from the knowledge of Layer, Neynoe,
Uc. there I say nothing of Kelly.
The jg;entleaitn I designed the letter for,
knows It was in answer to one wrote to me
•bout Layer, and will swear it himself, if there
was room for it.
The third observation is, where speaking of
myself, 1 say, *« If I cannot ward tbe blow, I
must be a prisoner some years without re-
medy :" from which he is pleased to infer, not
in. that good-natured way he generally did, my
meaning must be, that 1 was conscious of
guilt.
I apprehended an impeachment would have
been lodged and never prosecuted, as in the
CaM of my lord Danby* and the earl of Ox-
ford it and then I should have lain without
trial, and without bread.
The second article of my charf^e, is tbe two
letters from Marr and Dillon, under the feigned
names of Motfield and Oigby, which were in-
tercepted.
One of these they have dropt.
That I received tliem, is not pretended ; both
letters, though without a criminal expression,
or werd of business in either of them, would
yet have affecteil me in some ilegree, if re-
ceived by me, and I wss the person, as is sup-
posed, who writ the letters to which they are
answers. That 1 used to have any correspon*
dencc, is that proved ? Is not one and the same
necessary in order to ascertain the charge P
'■' ' I ■ ■ ■ ■ I ■ ■ ■ II II H II ■ t
• See his Cues, vol. 11, p. 599; vol. 15,
p. 1263.
t aMhisCMe, fol. Ij5» p. 1046.
1
I
Any man that pleases may write to me,
talte tnose names upon him ; I am not to
swer for that, unless 1 have appeared to rec
them, and kept up the oorrespondeuoe.
The letter from Motfield, dated tbe HI
May, eannpt be reasonably thought to I
been wrote with any other riew than th
being intercepted, and of fixing upon me
letter of April 30th.
This letter im committed to the common
office, and sent upon this errand ; one
doubt who writ it, but one cannot doubt
what design it was writ: your lordships'
dom will see through tliose maJiciouidi^
and not make me account Ibr letters «
have been bandied to and fro, between unln
correspondents, on a design to raise a susp
of a third person, altogeiher a stranger to
is writ. And here 1 desire that the observ
made by one of my counsel may not be fix
that ii, all the intercepted letters from ab
mention persons that lay bid under •
names,* and are discovered by duiog of
deeds, and by such circumstances as will i
those names upon them : tliough thecoma
were not at a guess, yet they were often
loss.
In my case, tbe fictitious names applii
me are often attended with such descrif
and circumstances, as very naturally lead
that offer these letters to 1^% them on me.
writers of them use all their art not to disg
but to open tbe thing, and seem to be in
lest they should not be well enough ui
Blood.
This being contraiy to th^jnethod of res
in all otlier cases, smells strong of a mali
design.
The letter of July 25th, from Digl
Weston, is not so well oontriveil as it si
have been ; yet I am to be understood
because of the circumstances I was then n
which the writer was apprised of.
These arc the only two instances of \
supposed to be writ from abroad : they ai
consistent : shall they affect me in so hi
manner? <
It remains to be considered in the
place, whether there was a supported <
spondence between the Pretender am
agents, and Mr. Kelly here? Whether
at the head of it, and am justly to answi
it? Mr. Kelly, 1 hear, hath owned at yon
and dechtred, which 1 also declare, I
knew a line of any letter he writ to fc
parts.
1 meddle not with what concerns him
further than when it may affect me.
The chief part is the present uf the dog
account of thut is in a letter to Hatfield,
May 5, not signed ; in which arc thes^ V
*' The little dog was sent ten days ago
ordered to be delivered to you :*' but th
no intimation in this, or any otlier letter
abroad, that this present was intended flbr
In two letters from hence, by whom* v
doth.oot appear, tomobody is nettt Mi
and others. Jar a Treasonalh Conspiracy.
dI Datnes of Mr. Janes ami Mr* llling"-
io Bach maoner as designed IW ttic same
but I he circumstances are neither &[»-
»ble to myseir nor my wife, particularly.
letter dated May 7th, froni Ilalfu'M to
ave, being (iTd days after tlie burial of
witb, ciitindt mean her ; and being but five
}fy% aAer, it can as little mean mc: so that
\ writer of thi* letter must either have known
lliinj; of my family affdirs, or^ if lie did, '
; dissetnble his knowledge of tJiem to raise j
picion ; and in either ca^^e what he says i^ i
: to be reg^arded. The surgeon and Mr. i
i\y only knew any thing of this matter, and
Jty can l>ei>t clear it,
\Six%, Barnes, !ihe varies, and sometimes the
; b for me, and sometimes tor her.
( for myself, I never asked for, receited, or
\ lhi*» present, nor koo%r any thing of jt» but
liCoioinou fame; nor hare I« to thi^ day,
ay messiitje or letter whatsoever concern-
I it* , Tiie end of this de^iirn seems to Lve, to
Dt roe ont by the name of Jones and HHng-
UbReribetl to the letters of April 20th, by
J lhe»Ti o^in in relation to tliis present.
od perhaps they are not much in the wrong
tbtnk that one iuterceptijd dog should be of
much use as ten intercepted letters. Both
ntrtv antes then must have succe<.'dcd, h:td I
eu able to prove that those letters were
rtt with my nrdcr or knoiiiedge ; and
J the use of those names, an subsequent
lers, is a continuance of the fraud, and thi^a
itiousily runs through the whole uf the cor-
s»tK>ndt'f»cc r for wherever the names of Jones
wl lllii3s;ion are, they are used in applying
«m to me* because they are the same.
These points have not only been denied, but
o?«d with all manner of credence and
I Wy counsel have shewed, that all these sus-
' uuii correspondences are to the las^t degree
urd to apply to me, and no one would apply
em: that 1 could not order the letters of the
)t|j of ApriU to which the names of Jones,
)c« Are subscnbefl, I think is plain, and then
J efidence lalls which depef^ds upon it.
As to the journeyii to and from Bromley,
! the prisoner Kelly had fretjuent access
I and therefore I ini>^ht probably dictate
rttecu, the counsel fur *he Bill have not
ned themselves on that liead ; but your
riUhips have heard it tnade out, and because
Immaterial I shall repeat it*
[Here Wood's Examination was read.]
By all these accounts, nothing could have
I easier I lir the persons themselves to ma-
fife here, titan getting an account of my
durs, in order to render the contrivance
plausible*
_ _at Mr, Kelly Is no stranger to me I own ;
W that he is in any degree intimate with me,
jOr frequently saw me, I ileny. And what evi-
is there from tlieiu to the contrary ? Or
i»«v ia this bolemn denial at your bar coDtra-
l?
The fliairman says, He carried hTm twrcc or
thrice to the deanery, three «»r four years ago ;
and this Bronn, the chairman, \w swears, ifa
carried me once in three or four years lime.
[ believe he may. The porter he says> that
he brousfht a letter and s(>me stockings from
Kelly to me. The foundation of this story is
tv*ue* for Mr. Kelly used to furnish me with
beaver stockings and glores : not hut that the
circumstance of the porter comitis; up to my
bed-chamber at that duty time or the year, is
very extraordinary ; and even this evidenc*
owiis, he was never sent by me to him.
Now on the other side, there is the evidence
of almost all my servants, who have, upon
oatbt attested, that tliey do not know either the
name or the face of Mr. Kelly, which could
not possibly be, did he use frequently to resort
to me. Such a slight acquaintance* as I had
with him, conld not he any temptation to enter
into secrets with him,of such a dangerous con*
aequeuce as these are, which the Iteport insi-
nuates to have passed between us : however,
suspicion is not now the business. They that
prove some things may be allowed to st'ippose
more ; they that prove nothing Imve no right
to indulge their suspicions and conjectures to
the ruin of any niau : twenty [irobabi lilies, al-
lowed to be such* are not equal to any one
matler of fact, well attested ; it may strengthen
tlje fact, but cannot support it. They cannot
be evidence themselves, because one probabi-
lity may be set aj^aijist another.
i use this distintition between evidence in
law* and reaj>onable evidence, because the
counsel for the Bill have asserted something
like it.
I own I always thought the public law
of the state, the public reason of the state;
and whatever it is in another country, yet,
in this country, no evidence can be rea-
sonable that is 'not legal. But 1 ask, What
sort of evidence, either in reason or law, it
hrouj^ht against me? How am f proved to
consult and correspond, to raise an iiwurreclion
against his majesty and his kingdom, and to
procure a foreign force to invade the same in
favour of the Pretender f
How am I proved, in the second place, to
have corresponded with the same Pretender,
and with persons employed by him? Is one
article of these charges made out ugaitist me
With any colour of reason? 8uppo«itions with-
out proof, stipposiiions disproved, atid shewn to
be vain, and unjust.
If the proof in these cases wants slren^tb,
can the hearsay of Neynoe supi^ily the wrint of
proof, and render it valid, «<inee*Neync»e pre-
tends, for aught that apiiears, not to have
known any thing of mc ? He only heard Kelly
say so, and Mr. Kelly denies it ; and there is,
1 think, no reasoa, why ^w:\\ a ^\k^^\ evidence
should alfect me, or Kelly himselft much less
me through him, >Vtns Neyuoe utivr, and
Kelly dead, and incapable of < Mg
what Neynoe said, t believe wb«l _ ud
would not be of a\i]} Vi«\^ViVv^>^«^'^ ^V'lX
2Q
I
I
I
I
695]
9 GEORGE I. Proceedings against Bishop Aiterbury^ [996
N«ynoe dead lays, and Kelly novr alive denies,
ou^ht not to have any force.
Concerning; hearsay evidence in fifeneral,
and concerning; the due regard to it, I humbly
desire your lordships, that a passafife ma^ be
read out of sir John Fenwick's Bill of At-
tainder. [The whole preamble read.]*
Aly lords, 1 humbly desired to have this
read, because I thou(;ht it would take away a
diiitioctiou between legal and parliamentary
evidence ; that what was not legal mif^ht be
parliamentary. 1 believe here is a condemna-
tion of him by parliament ; therefore, 1 think,
the condemnation of him must be by parlia-
rnentary evidence. Jt is recited in this act, as
one of the inducements that moved theK inif,
Lords, antl Conimous to pass that act, that sir
John Fenwick had contrive«l and framed se-
veral papers, d^c. only by hearsay.
8hali that be accepted in this parliament for
evidence, which is declared the only motive of
attainting u maji m another? If it was judged
hard in sir John Fenwick's case to charge a
man by hearsay, can the l>eing thus charged
be any prunf ajrainst me ? Sure the House of
Commons in 06, that brought that in, would
have so thought, nor would those of your lord-
ships cousculcd here, or elsewhere, to have
passed it.
As for those (hat did not consent, I w ill ven-
ture to say, 1 am exceedingly puzzled to know
why they did not oppose sir John Fenwick,
but favoured his case, and are yet against me.
1$ the guilt objected to me, if proved, in any
measure like his ? Or is there any comparison
between tlie proof against him ana me.
As to the pa|>er and information given in by
Neynoe, and pruited in the Appen<lix, it is plain
l)e was drawn in to have sworn backward or
forward, to have affirmed or denied any thing.
He knew a certain lord of the council, that
gave me notice of my being taken uii some
days before it happened. He knew what use
and purpose the protests of your lordships were
chiefly designed for and calculated ; and it
appears by his paper that was taken in his
pocket aHer his denlh, that he had undertaken
* See it vol. 13, p. 5*7. *• I have heard
that the Bishop disired to know of his counsel
at one of their consultations, whetlur in treat-
ing of hearsay evidence, they should mention
the preamble of sir John IVuwick's Bill of
Attainder, and Air. IVynno infi»rniin;r his lunl-
sitip the pas'sage had occurred to him, and in
what manner he intended to anply it, the Bi-
shop desired him to leave out what*he intcndi'd
upon that point, for that he should carry his
riMSoning upon it much further, and that it
would moreover he of great service in ginii;;'
Lim an oppctrtnnity to bit down and repose his
weary iiaibs while the act was read, iu which
lie hofied their lordships would indulge him.
Mr. ^V . accordingly Icit this passage entire to
liis lordship, and he made all the use intended
of it.*' — Wynne's * Observations on the Cata-
J«>gu«i of the lioyal and N«Uo Autborii &c.'
to give a positive account, and doignei either
to ask or receive such a sum of money.
It is said he was the late earl Marishall's
bed fellow for several months, and bad drawn
up heads for memorials to be delivered to tht
regent ; but he had kept no copy of these
heads, or foul draughts which vrolikl hava
shewn whether they were given in to promota
it, or dfscover it ; in either case the evidence of
being then employed would have been of ser-
vice : but they have not been able to produce •
line of such heads or memorials, yet the Report
of the House of Commons, upon the basis of
these memorials, builds the whole fabric. -He
knew tliat 1 went under the names of Jones aatf
lllington, and undoubtedly he knew Mr. ]>h
lM)is : If the scheme of writing that letter Vf-
self had been seen, he would have found ooia
reason for the correspondence ; and 500L
would have made him affirm, that he canid
the letter himself. He knew the PreteDdcr'i
particular opinion of me, or of any body eliSi
and that he relied on advices from me: biiw
did he know that? He told him so. Wliotold
him P It is not supposed Mr, Kelly 1:^ I it fmm
himself, but from persons of high esute, thit
were near the Pretender.
Let me speak, my lords, as always I hope I
shall, with that moiJesty as becomes justice, bol
yet with freedom, to you.
Hath nothing been opened to you coDcers*
ing this roan's character, and his secret tras-
sactions P Is it possible to believe this preten-
der to secrecy could have had, or shall be itiU
have any degree of weight, that threw away
his life, rather than venture to stand to tot
truth of what he said before his death, and tbea
he could have been contradicted, or pangs of
conscience might have made him unsay what
he had said ? But a dcnd man can retract oo-
thing; what he hath writ, he hath writ: tlit
accusation must stand just as it did, so far as it
concerns him ; and we are deprived of tbs
advantage, which truth and remorse once ex-
torted, and would have*again extorted froa
him. However, I would have been glad l*
have had all that ever this wretch said; wA
would hope that by comp^iring of the several
stories, which he several times told, some ligli^
might have been q^aincd, which is now waoie^:
Particularly by the knowledge of what he said
freely and voluntarily, when he was in good
humour, and before his rough usage, on bis
tcturnfrom Rome, had frighted hini;lNil'
think we have the evidence only of a few of tbt
last days of his life, all the preceding time *
blank. He underwent frequent examinatioDSi
b*it they were not, it seems, so roaturelf
weighed and digested as to be thought norUi
the commiitincf to writing : but he is gone t*
his place, and hath answered tor what he batb
said at another tribunal. I desire nut to dif*
turb his ashes, fiirther than what is necesiary
for my defence.
Your lonkhips will observe first, the iooM*
sistency of some part of the charge: So*
condly, the improbability of it. The BMp^
wr\
and others, Jor a TreatonaUe Conspiracy. A. D. 1723.
[598
I notice of three several periods, or stac^
if time, when, by consequence of some infor-
nations from the regent, the desigfn did not
alee place : the first was duriiit^ the election ;
beaecond was, the kiii^[*s v^inw^ \m Hanover;
ind thethini was, the hreakins^ up of the camp,
rbere is not the least hint as to the last of these
liree designs, in anv of the papers ; though in
he recital of the bill it is mentioned as the
bird part of the plot, and the most detestable
■rtof the design, to lay violent hands on his
meaty and his royal highness.
There is not the least colour of proof as to
be first part of the conspiracy, which was to
■ke place at the election ; their only reason
«r that, is from a passage, where it is said,
bat the present ojiportunity is ela|)8ed, that is,
ke opportunity ot the election.
I shall recite the passau:e, as it lies in the in-
irreepted letter, and make some reflections on
I: ** Notwithstunding the opportunity is
tkpied,*' (says the writer to Jackson) « I
igree with you, another may oHer before the
HM of the vear, though not perhaps every way
nftvoarable."
The committee suppose this letter to be from
Kdly, and dictated by me ; and they suppose
Ibe words to refer to the time of the election,
ted from those suppositions infer that I knew
tMBething of it. On the contrary, 1 shall, on
Ibe two first suppositions, shew the impossibility
If it; if this was a letter from me, or from any
Mber person, dictated by me to the Preten-
tei I must write as in answer to some let-
tor sent from them to me, in re|>eating the
~ esiion ; and his opinion in the letter must
been foundeil on intelligence before re*
mI : this intelligence, considering the dis-
tact between l^ondou and Home, must have
km communicated two months, if not longer,
tffere tbe date of this letter, if we go back
1*0 months, and talk of the election being
ihpied, it was not begun ; coiise(|uently that
tfliwiunity in the letter could not possibly
Ma the time of the election ; and if so, it is
lifossible that it should be a letter to the i*re-
virr, that can consist with the charge of the
iMlon's writing in April 17l?0.
If it be a letter writ in good earnest, it af)-
jtos they had given over all thou^^hls at that
IM: I agree ^%itii you, says he, another may
^ftr before the end of the year: and yet he
Irii some words in a letter writ ten duys after,
^berein, under the name uf Jones, I am made
% be deeply concerned in a conspiracy.
How can this be consistent, if \ writ and di-
; that letter, and was engaged in the se-
M pert of the conspiracy ?
'BsA a '
cannot be true, tmth may be false ;
Ml hope I have satisfied your lordships, that
Vldid not dictate the one, so L was no ways
iMvneil in the other.
Oln nny one believe, that under the sad cir-
iHMee of bein;' afilicted by the death of
fevvifc^ I should be concerned in an affair of
tannMis nature? Waa that a time to
UtH s Uranger ? And for a man, unless
under the power of prejudice, to believe such
an improbability, or that I had such a conjec-
ture ? I forl)ear former instances.
I shall now consider the improbability, as
well as inconsistency of the charge l>rought
against me without |>ositive proof. You will
allow me to answer the iudictiuent in the same
manner as it is laid.
Is it probable that if I were engaged in any
such design, no footsteps should t^ seen of any
corres|>oDdence I had with the late duke of
Ormonil, to whom, of all persons abroad, I was
best known, and to whom 1 had the greatest
regard, and still have all the reganlthat is con-
sistent with my duty to my king and country ?
Is it pn>bable that I would choose rather to
engage in such a design with Air. Dillon, a
military man 1 never saw, and with the earl of
Marr, whom I never conversed with, excejit
when he was secretary of state ?
Did 1 not know, what alt the world thinks,
that he had left the Pretender several years,
and had a pension abroad ? Is this a season
for roe to enter into conferences with him about
restoring the Pretender ; and do this not by
messages bat by letters, not sent by messen-
gers but by the common post? That by thus
writing to him by the post, I should advise him
after the same manner to write to me, and by
these means furnish opportunities towards de«
tccting the persons, and bringing myself into
danger ? How doth that consist with the cau-
tion and secrecy which are said to belong to
me? Must not 1 have been rash to have laid
myself open in such a manner? This is
an inconsistent scheme, the other a hold as-
sertion. Is it probable, when attending the
sick bed of my wife, and expecting her death,
not daily but hourly, that 1 should enter into
negociations of this kind ?
There was no need of dispatching any of
those three letters, merely to excuse my not
writing : the circumstances of my family had
b<*en a sufficient apology, and more effectual.
Is it probable, tliat when I was carrying on
public buildings of various kinds at Westmin-
ster, and Bromley, consulting all the books
from the Westminster foundation, engaging in
a correspondence with learned men, alwut set-
tling an important point of divinity ; that at
that very time 1 should be carrying on a con-
spiracy ? Those that entertain such thoughts
without reason, may also condemn me without
argument.
Is it probable that 1 should meet and consult,
in order to carry on and forward this corrcsptm-
dence with nobody, and no where ?
That I, who always lived at home, and ex-
cept at dinner-time, never stirred out of my
chatnlier ) rec<Mved ail persons that visite<l me,
and was denied to none, should have an oppor-
tunity to be so engagetl ? Ami if I had, that
none of my domestics and friends should ever
observe any appearance of any ^uch thing? No
evidence among my papers, though they ««ere
all seized at both my houses, and con lining ail
my servants but one, now, for about tea or
6993 ^ GEORG£ I.
eleven weeks, searchingf him twice in the
Tower, and searching myself, nothing of con-
se<{aence appnears, nor is there any one li?in^
hat cuarfi^es me with any thing that is
really true.
witness that i
Is it probable that I should form and direct a
conspiracy, and carry it on with any success,
that am not used to arms, which I am no more
acquainted with, than with the persons em*
E loved on (hose occasions ? My way of life
atn not led me to converse with such men
and such matters, except on the occasion of
meeting in parliament ; but in a council of war
I never was. Have 1 yet, in any instance of
my life, meddled remarkably out of my own
EpLcre, in affairs foreign to my business or
cbaiacter.' I might have been thought to have
been too active in my proper station and busi-
ness ; but 1 was never charged wilh war, nor
any ways informed iu the art (»f it.
Is it just, that peiNons concerned in the mi-
litary wuy, should be punished without any
pfroof?
And must I, whose way of life is set at the
greatest distance from such persons, and from
the very suspicion of Iwing concenjcd wilh
them, Kufler all the pains and penalties, short
of death, which the parliament can inflict, for
a supposed I know not what, and what I don't
to this day apprehend?
Here is a plot of a j'car or two standing, to
subvert the government with an armed force,
an invasion from abroad, an insurrection at
home ; just when ripe for execution it is dis-
covered : and twelve moiiths after the contriv-
ance of this scheme, no consultation appears,
no men corresponding together, no provision of
money, arms or officers not a man in arms
— —-And yet the poor Bishop has done all this.
Ijaycr and Plunkett carry on a treasonable
correspondence : they go to Rome and receive
directions from the Pretender himself to pro-
mote his cause — It does no where appear that
the Bishop has the least share in, or is any wa}'
{irivy to their practices — And yet the Bishop
las done all, he is *< principally concerned in
forming, direclinc: and carrying on this deles-
table conspiracy."
What c^uld tempt mc to step thus out of my
way ? Was it ambition, and a desire of climb-
ing into a higher station in the Church ? There
is not a man in my oflice farther removed from
this than I am ; I ha\e a hundred times said,
and sincerely resolved, I would have been no-
thing more than I was at a time when I little
thought of being any thing; before; and I
could give an instance of this kind if I thought
proper.
Was money my aim ? I always despised it,
too much, ])erhaps, consitiering what occasion
I am now like to have fur it: for out of a poor
bishopric of 50U/. per annum, I have laid out
uo less than 2,000/. towanis repairs of the
church and episcopal palace ; nor did I take
one shilling for <lilap:daiions. The rest of my
little income has been Sfient as is necessary, as
1 am a bishop. Nor do 1 repent of those ez-
Proceedings against Bishop Aiterbury, [600
pences now, (though since my loDg eoafine-
ment I have not received the least |wrt of the
income in my deanery) not doubiing in the
least, but that God, wh(» hath liberally provided
for me hitherto, will still do it, and on nis good
providence I securely rely.
Was I influenced by any dislike of tbe es-
tablished religion, and secretly inclined towards
a church of greater pomp and power? I have,
my lords, ever since I knew what Popery waSp
op'posed it ; and the better I knew it, the move
I disliked it.
I began my study in divinity, when the
Popish controversy grew hoi about that in-
mortal book of Tillotson's, when he underteik
the defence of the Protestant cause in geneni;
and as such I esteemed him above all.
You will pardon me, my lords, if I mentiM
one thing.
Thirty years ago, 1 writ in defence of MartMi
Luther, and have preached and writ to that
purpose from my infancy ; and whatever hap-
pens to me, I will sutler any thing, and will,
by God*8 grace, burn at tlie stake, rather than
depart from any material point of the Protes-
tant reunion, as professed in the Church of
Entfland.
Once more : can 1 l>e supposed to favoor ar-
bitrary power f The whole tenor of my lift
hath l»een otherwise : 1 was always a friend of
tlie liberty of the subject, and to the best of my
imwer constantly maintained it : I may hive
been thought mistaken in the measures I took
to support it.
It matters not by wlkat parly I was calW,
so my actions are uniform.
To return to the point : the charge broo^
against me in the manner it is brought, is im*
Crobable : if I could be guilty of it, 1 ODUst
ave acted under a spiiit of infatuation ; yet I
have never been thought an idiot or a madioao*
My lords, as to the pains and penalties coo-
tainetl in this Bill, they are great and grievoof
beyond example in their nature and directioD.
I am here, my lords, and have been expect-
ing an immediate trial. I have, my lonls, d*'
clined no impeachment. The correspondeoee
wilh the earl of Clarendon * was made tressoOj
but w ith me it is only felony. He was allowed
the conversation of his children, by theexprese
words of the act : mine are not so much as to
write, so as to be sent to me.
What is most particular in my case 1 1*^
repeat distiuctiy, that my reverend bretbro*'
may hear it. 1 am rendc^red inca|iable of usio^
or exercising any ofKce, function, authority* ^
power ecclesiasiical, not only in his majesty *
dominions, but any where else. Very hafdj
That such spiritual power as is not dcriv*"
from men, but God himself, should be tak^
from me I
And I am not only deprived of all offic^
dignities and benefices ecclesiastical, and »^
ever banished the realm, but likewise preclu<l^
from the benefit of r<»yal clemency, and vaM^
f Ske his Case, vol. 6, p. 291.
and others, for a Treasonalle Conspiracy. A. D. 1723.
[602
capable of any pardon by his majesly,
iD«l successors.
ds, 1 insist oo my innocence, that 1
lihv ; and if 1 am not proved so, your
•rifl thus jud|jre ; if otherwise, I )>er-
'self 1 shall tind some degree of
ill not strip a man of his substance,
leud him where he cannot subsist ;
lot send him amon$i^ stranf2^ers, and
sr others fr(»ro |)erfurminti^ humanity
you will not ^ivc him less time to
iflairs and tiepart the kins^dom, than
latb taken in passing through both
eat man, I last mentioned, carried a
doe with him into foreii^n parts, and
languages; was well acquainted
the reverse of all this is my case ; 1
I like him in nothing but his inno-
i his punishment. It is in no man's
make us differ in the one, but it is in
»hips* |K>wer to make us diflcr widely
er, and I hope your lordships will
mm up the arguments : it hath been
' observed, that the higher the crimes
dier the proofs ought to be. Here is
of high treason brought against me,
ridence at all.
da, pardon me, what is not evidence
A never be made so by any power on
HT the law that required the evidence,
b the law of the land as that which
be crime.
ually unjust to declare any proof le-
Jse of my prosecution : as extraordi-
Id it be, to declare the acts themselves,
xto.
araa there a charge of so high a na-
80 weakly ]>rovcd.
Ml dead, so that there is not an oppor-
Msify him by contradicting him, a
It supported by any one evidence, nor
W proof of any thing thai liatli been
loeived by ine. nor even by any one
word proved to have been spoken by
I by intercepted letters and correspon-
which appears not t!ie least certainty.
if those letters shewn to persons with
to fasten sometliitig on them ; others
fpbers and iictitioiis names, throwing
and abjttru'i^* hints of what persons
kone names, sometimes true and some-
ibtfnl, and often false, who continue
phering ; by the depositions of post-office clerks
about the similitude of hands ; their depositions
made at distant times, and without comparing
any one of the originabi, by a strange interpre-
tation of them: for oothing more, J am per*
suaded, can be made of the arguments, thaa
what is called the intercepted correspondence.
Shall I, my lord?, be deprived oi all that is
dear to me, and in the circumstances I am in,
scarce able to bear up, and by such an evidence
as would no^ be ailmitted in any other cause or
any other court ; and would hardly affect a
Jew in the Inquisition of Spain?
And shall it be received against a bishop of
this Church, and a member of this House ?
Gt)d forbid ! Give me leave to make mention of
a text in holy writ : ** Against an elder receive
not an accusation, but l»efore two or three wit-
nesses.'' It is not said. Condemn him not
upon an accusation, &c. but receive it not : I
am something more than an elder ; and shall
an accusation agaiust me be countenanced,
without any one instance of proof to support it ?
This is not directly matter of ecclesiastical
constitution: there you read, one witness
should not rise up against an elder ; but here,
at the mouth of two witnesses, or three wit-
nesses, shall the matter be established : and as
this rule was translated into the state of the
Church, people always thought (it to allow it.
Shall 1 be the first bishop iu this Church
condf*mned upon conjecture, on fictitious names
and obscure passages in letters, instead oi' two
or three witnesses ?
Will not others endeavour to make the same
precedeut, and desire the same influence of it
to succeeding ages ; and even concur in such
an act, in order to render me incapable of using
or exercising any power or authority, &c. ?
Is this good divinity, or good policy ?
As to the justice of the legislature, in some
respects it hath a greater power than the
sovereign legislator of the universe: for he
can do nothihg unjust. Hut though there are
no limits to be set to a parliament, yet they are
generally thought to restrain themselves, to
guide their proceedings in criminal cases, ac-
cording to the known law.
The parliament may order a criminal to be
tortured : who can say they cannot ? But they
never ilid, nor never will, Ihope ; l>ecause tor-
ture, though used iu other countries, is not
knoivn here.
Is it not torturing, to inflict pains and penal-
ties on persons only suspected of guilt, not
bile strangers to the whole transaction, \ plainly proved guilty? Jtis not much unlike
f auke the discovery, till they feel aiMl jit. The parliament may, if they please, as
itself towards them: my lords, ' well upon Hills of perpetual imprisonment, as
' upon Jiills of perpetual exile, reserve to the
crown a power to determine the one as well as
the other. They have reserved it in the former
case, but liavi; not reserved it here in the other.
The law knows u(»thing of such absolute, per-
petual impriMonmcnts.
The parliament may, in like manner, con-
denm a man on a charge of accumulated and
constructive treason. They did so io the casft
If ease, in short.
)t hard task to prove my innoeenry :
tedeonvicteil hcfoie your lordships on
iliifiioe as this ? The hearsay of an
la'ptily dead, and that deniL><l what
^Igr ateaiige and obscure passages, and
llaacs in letters, by the conjecture of
'lOUt any opportunity given
•ndlooLiDg into the dccy-
COS]
9 GEORGE I. ProeecJifigs against Buhop Aiierbunff [604
of the sfreat lord Strafford, and that by accu-
mulated and coiistructire proof of such treason ;
that is, by proofs so interpreted, as plauily to
communicate light and stren^j^h to each other,
and so to have ail the force without the for-
mality of eridence. Was such proof ever ad-
mitted by any one \a deprive his fellow-sub-
ject of his fortune, of his estate, his friends, and
country, and send him in his old a{^, without
languafire or hope, without employiiieut to ^t
the n«HM*s8aries of Ufe, to starve ? I say again,
God forbid *
31y ruin is not of that moment to any number
of men, to make it worth their while to violate,
or even to seem to violate the constitution iu
any degree, which they ought to preserve
against any attempts whatsoever.
But where once such extraordinary steps as
these are taken, aud we depart from the fixed
niles and forms of justice, to try untrodden
paths, no man knows where this shall stop.
Though I am worthy of no regard, though
nrhutsocver is done to me may, for that reason^
be looked upon to be just ; yet your lordships
will have some regard to your own laitiug inte-
vest, and that of posterity.
This is a proceeding with which the consti-
tution is not ac«|uainted; which, under the
pretence of supporting it, will at last effectually
destroy it.
For God's sake lay aside these extraordinary
proceedings ; set not up these new and d.-uige-
Tous precedents ; I, for my part, will voJun-
tarily and cheerfully g9into periietual banbb-
nicDt, and please myself that 1 am, in some
measure, the occasion of putting a stop to such
precedents, and doingsome good to my country,
aud will live, wherever J am, praymg for lits
prosperity ; and do, with the word of fatlier
raul to the state of Venice, say, * £sto per-
petuo:' It is not my departing Vrom it 1 am
concerned for; let me depart, and let my
country be fixed upon the immoveable founda-
tion of law and justice, and stand for ever.
I have, my lords, taken up much of your
lordships' time, yet 1 must beg your attention
a little longer.
8ome part of my charge hath been disproved
by direct and full evidence, particularly that of
writing the letters of the 20th of April, or that
I knew who wrote them ; which I utterly deny
that 1 ever did, or as yet do know. Other
parts of the charge there are, which are not
capable of such disproof, nor indeed require it ;
there 1 rest. But, my lords, there is a way al-
lowed of vindicating myself, it is generally
negative ; that is, by protesting and declaring
my innocence to your lonlships, in the most
deliberate, serious, and solemn manner; and
appealing to God, the searcher of hearts, as to
the truth of what 1 sa}', as 1 do it in what
follows. I am charged in the Re|>ort with
directing a correspondence to Air. Kelly ; but
I solemnly deny that I ever, directly or in-
directly, saw a aiogle line of any of their letters,
till I met with tbetn m print. Nor vert the
IOf«DJ«f
were the
I do in the next place deny, that I was evtr
privy to any memorial to lie drawn up to W
delivered to the Regent. Nor was 1 ever
acquainted \s\\\\ any attempt to be made w
the king's going to Hanover, or at the time if
tlic election. Nor did I beer the least romoir
of a plot to take place afler the breaking up
of the camp, till some time after Mr. Lsyer*!
commitment. I do with the same sdeiiwitf
declare, that I never collected, remitted, le-
ueiyed, or asked any money of any mm tl
facilitate these designs; nor was lever ee*
quainted with, or had any remittances wkit-
soever from, any of those iiersons. I mtnt
drew any declaration, minutes, or paper bAf
name of the Pretender, as is expressly dHfrf
upon me. And I never knew of any ooMIf
iion issued, preparation of arms, •fBeai,«
soldiers, or the methods taken to procure tsy, ii
order to raise an insurrection in these kingMM.
All this I declare to be true, and will is ds-
dare to the last gasp of my breath.
And I am sure, the further your kHMili ,
examine into this affair, the more yea willb ;
convinced of my innocency. These oontais dl '
the capital articles of which I am socoMdii
the Report of tiie House of Commeos.
Had the charge been as fully proved as «- •,
certained, it had been vain to make protestsliHf
of my innocency, though never so solemn. j
But as the charge is only supported by Iki '
slightest probabilities, and which cannot b»
disproved in any instance, without proving •
negative, albw tlie solemn assevenUKMis of i
man in behalf of his own intioceuee Is hut-
their due weight ; acd I ask no more, tbtf
that they may have as much influence widl
your lordships as they have truth.
If, on any account, there shall still bethoiigkt
by your lordships to be any seeming strenslh
in the proofs again&t me ; if by your lordship^
judgments, springing from unknown motiid^
I shall be thought to be guilty ; if for any m-
sons, or necessity of state, of the wisdom asl
justice of which f am no competent judge; if
your lordships shall proceed to pass this 09
against me, God's will be done : *• Naked caais
1 out of my mother's womb, and naked tballl
return ; and whether he gives or takes awayi
blessed be the name of the Lord !*'
On this day, af\er the Bishop was remandA
to theTuwer,"a motiou was made, and tbeqstt*;
tiou was put, «; That George Kelly, alias Jolis-
sou, now a prisoner in the Tower of Londflii
be brought to the bar of thb House on BlflO-:
day morning nt* xt, to be examined U|Mm osib»
on the Bill, intituled, .4u act to inflict paitf^
and pen!ilties on Francis lord bishop of Re"
Chester ?"— It was resolved in the negatif e.
** Dissentient,
" 1st, Because
that the said
ness to the matters'^.... ^«.. », ...^uu. «(— —
the Bishop, and eouM not be legally lefuwl V
be sworn as such, if the Bisbop wenenUr
IriiJfor IIm nme, in thn ordinvy oommm
iiient. . ^
ausc we think it unquestionakii^ 1
Kelly is a competent legal wi* i
letters charged bv the Bill spM. f
flOSj
and others J for a Treasonable Conspiracy.
A. D. 1725.
[60ff
)nlice, and that whether the said Kelly was
prodttoed cither for or against the Bishop ; and
ve oooreif e, if the counsel for the Bill had
Ibonstbt fit ta have produced hina in support of
lie bill, that even uo legal objection could
biTebecn made by the Bishop's counsel against
hii beio^ so produced and sworn ; the Bill
CKd toia House against the said Kelly not
lag received the royal assent, and there not
^m^ in the said Bill in our opinions, any thing
tecan destroy even his legal testimony, when
Hfmxne is passed into a law.
>•. ^ tdly, Because the three letters, dated the
fHkaf April, 1722, supposed to contain trea-
" 'correspondences with the Pretender and
lof bis agents, have been made the principal
mmgt against the Bishop, and have been en-
IviSared to be proved to have been dictated to
1» Mid Kelly by the Bishop at or about the
tm of their date : But this not being as yet
, aa we think, by direct or positive proof, by
r Uving witness of the fact, but by circum-
I only ; we think it most proper, and
t safe and just, to endeavour to discover the
of that material fact, by the best evi-
[llncethe nature of the thing can admit of; and
:ttM this House should not be left under the
^iiicukies of judging, on this extraordinary
^ntioo, from doubtful circumstances, if the
^kti may be cleared by certain positive proof,
^^tbe examination of a competent and a
lUip witness, upon oath, at the bar of this
"3dly, Because several living witnesses
kre been examined on oath, at the bar of this
Bsose, on behalf of the Bishop, in order to
|VHe by their nosiiive testimony, and other
-tttumstances, that the Bishop did not dictate
• direct, or was any way privy to, the writing
^laid letters, or any ot them ; which has in
•V jadgroents, rendered it of yet greater im-
MlaDce, that the supposed writer of those
biters should be brought under the most strict
^•■d solemn examination, before the Bill has
|iHed this House.
** 4thly, Because the said Kelly, though ex-
IttDed before committees of both Houses of
Kriiameot and elsewhere, hath not, to our
kiOH ledge, been yet examined on oath to the
fitters contained *in this Bill ; and it having
iMieare<l to us in other instances on this occa-
«•, particularly of Mrs. Barnes examined for
. the Bill, and ot Bingley against it, who have
: ■itenally varied their examinations at the bar
tf this House fnim tlieir former examinations,
1 the same time <leclaring that their former
ttaminations were not taken and sworn to by
Ikm ; we think it may be both dangerous, and
derogatory to the honour and justice of this
House, not to examine on oath a i^erson cafia-
Wof discovering the matters of fact on \i Inch
Ibe justice of the Bill against the Bishop must
depend ; and e8|)ecially after the saiil Kelly
bitb declared, in the must solemn manner,
aext to that of his being upon oath, that the
fiitbop did not dictate, or was privy to the
moliiigi iha said l«ttert| or any of them ; and
the Bishop himself, in his defence, having also,
in the most solemn manner of asseveration,
declared his innocence in this particular, and
expressly referring to the former asseverations
of the said Kelly, as we conceive, as a testi-
mony in confirmation of his own asseverations.
** 5thly, Because we Conceive that the said
Kelly was not only a legal witness for or against
the Bishop, in the strictest construction o^
courts of judicature; but the examination of
him upon oath, on this Bill, is in ever v. respect
whatsoever, in our judgments, less liable to ob-
jection than many or most other evidences
which on this occasion have been allowed;
because the Bill passed b)r tliis House against
the said Kelly, if it obtains the royal assent*
as is most probable, doth, in judgment of law,
as hath been declared by the judges, acquit him
of any future prosecution for the said treasons
therem charged upon him ; and there is no
judgment or punisnment inflicted upon hiui in
the said Bill, which can, when passed, de-
stroy his capacity of giving evidence on any
occasion ; and the same having been passed
by this House, and not passed the royal assent,
leaves the said Kelly in our opinions, under
less influence, either of hopes or fears, than
such witnesses which have oeen examined on
this occasion under commitments and cbargt
of high treason, and, as we conceive, less
liable to that objection, than the declaration of
Philip Neynoe, which has been read against
the Bishop, though never signed or sworn to by
him, and the said Neynoe was some months
since drowned in endeavouring his escape,
and which declaration appears to us to have
been made by him under the strongest influ-
ences of guilt and terror.
<' 6thly, We think the crimes charged in tha
Bill agamst the said Kelly are in their nature
distinct and independent on those charged upon
the Bishop ; Kelly's guilt, in writing the said
treasonable letters proved upon him, being the
same, though the Bishop be altogether inno-
cent in relation thereto ; for which reason, as
we conceive, this House did refuse to permit
Kelly, on his Bill, to give evidence that the
Bishop did not dictate the said letters; for
which reason, we are of opinion that the evi-
dence which Kelly might have given, touch-
ing the Bishi p's dictating the said letters or
not, would have produced no consequence at
all with regard to the Bill passed against him-
self, though it must necessarily have contri-
hute<l to the proof of the guilt or innocence of
the Bishop.
** 7thly, This House having, with great ho-
nour and justice, declared to several persons
produced as witnesses on this occasion, ' that
it was not reqnireii from them to de|>ose to any
thing which did or might tend to their own acr
cusdtioi) ;* the testimony of the said Kelly, if
he had hern examined on oath, we doubt not,
would have been taken under the same just in*
(hilt^encc; and if he had submitted to hava
he«'u examined on oath to the matters of this
Bill, such his examination, being in that respect
607] 9 GEORGE I. Proceedings againd Bishop Atterhwry,
[608
voIanUry, codM not, in our opinions, have been
construed as forced from him by the authority
of this House ; and such testimony as he inipht
have given would have remained under the
consideration and judgment of this House, as
to its credit and influence on all circumstances,
in the same manner as the other evidence for
and against the Bill stiii does. — Scarsda!e,
Strafford, Cowper, Lechmere, Dart-
mouth, Pomfret, Bathurst, Salisbury,
Northampton, Anglesey, Bingley, F<»-
iey, Berkeley of Stratton, Fran. Ces-
triens', Poulett, Masham, Cardigan,
Conipton, Ashburnham, Willoughby de
Broke, Guilford, Litchfield, Weston,
Aylesford, Bruce, Gower, Uxhridge,
Exeter, Brooke, Craven, Middletou,
Hereford, Hay, Denbigh, Wharton."
On the 13th, Mr. JReeres, of counsel for the
Bill, by way of reply, spoke as follows :
May it please your lordships; To permit
me to offer somethintf, by way of reply to the
arguments that have been made use of, and
the evidence that hath been given, in behalf of
tlie bishop of Rochester.
My lords, I shall not trouble your lordships
with entering far into the arguments so much
insisted on by the other side, concerning the
power of the parliament to pass Bills of At-
tainder.
They have been spoken of by the counsel of
the other side, as inconsistent with our consti-
tution ; Bills of Pains and Penalties, and Bills
of Attainder, have been treated by them as un-
known to our constitution, unless in a few in-
stance<i, which aikrwards have been con-
demned.
And yet they have mentioned the Case of sir
John Fenwick, which is a prt'cedeut of a per-
son attainted without legal evidence, though
he were forth-coming and amenable to justice,
and his attainder remains still unreversed. And
as to Bills of Pains and Penalties, they should,
before they inveighed so much against them,
have considered, that two such Bills have now
already passeil your lordships' House; and the
Bills against Counter, Bernardi,* and others,
and against the late South-Sea Directors, arc
precedents of Bills of this kind.f
They have mentioned many instances where
persons have been prosecuted according to the
known rules of law, and the parliament did not
think tit to intert»ose. And doubtless, my lords,
generally speaking, where evidence is to be
had and to be produced, and the persons are
forth-coming, it is Tii*hi to proceed according
to the known rules of law in the ordinary courts
of ju!»ticc.
But where con<«pirators are carrying on their
designs with art, and coutriving to sheiur them-
selves from those known rules of law ; wc ap-
prehend, my lords, the ordinary prosecutions
* See this Case, vol. 13, p. 7 j9.
f As to such Bills, see Uataeirs Pieccdents,
vol. 4, title laipeachment.
at law will be no argument againrt the lem«
lature's making use of their authority, wbea
the circnmstances of the case, the preMfritioa
of the public peace, and the safety of the ooa-
stitution require it.
But I beg leave to mention one instiDeeift
which they are mistaken : they have said, that
in the Case of the Regicides (that horrid ui
detestable treason!) they were alljuroseeutfi
according to the ordinary coarse of lair; bit
if they had looked into the acts of pariitmcil^
they would have found, that some of tbM
were punished by Bills of Pains and PenahieL
The lord Monson and others, who sat u jnAgH
in the pretended high court of justice, waci^
served by two acts of parliament that pMBi(
to have pains and penalties inflicted upootat
and though there was evidence in thatCMli
have attainted them acconting to the i
course of law, the parliament did prooMil*
punish them by pains and penalties ; andth^
were not tried according to the ordinary
of law.
This I beg leave to observe to your lordihipi
in relation to the power and usa^ne of paiia*
mcnts in passing Bills of this kind.
3Iy lords, in the next place, 1 beg leave ts
take notice, that the observations that Jmw
been made, and the evidence that hath hm
given by them, as to facts mentii ned in tbeRt-
port and Appendi.v, concerning which we biii
given no evidence at all, ought to be laid out if
this case, as forci-:^n to the matter before jfoir ;
lordships. The matters we have given in eri- i
dcncc, it was proper for them to answer; M3
they have gone into the Iteport and Appewbi j
in order to disprove facts mentioned tbev^j
though wc gave no evidence concerniDgthMi ;
and we humbly apprehend, it is ootueceiSMy^
for us to follow them as to those facts; for if ^
wc maintain the charge we have given, itdilk:|
not concern us to make good evury article ia
the Report and Appendix, relating to this f«*
vcrcnd prelate now Infore your lonlships.
My lords, we must admit the evidence prt-
duced to charge the reverend prelate at jfiV
lordships' bar, is not all of it evidence stndlf
legal against him, if he was to be tried acoeir ■;
ing to the ordinary course of justice in Wert*
minstcr-hall. But, my lords, we humblT>^ '
prehonti vou are not tied to the rules of W«^ ,
niinsli r-fiall ; for if your lordships arc satisirf J
that the f.icts proved, laying them all topclbtfi;^
do cniirli'de tlie reverend prelate at the b* ;^
guilty, notwiilisiaiiding iliey do not amount ij-
evidciice accordisg to the oidinary f"^**J*
Wcj»t minster- hall, your loi-dships will be "^
opinion, that it is fit' ho should bo punished.
My lords the evi<ience that hath becngi»*
by us, as t'» thcts I'omriiitted by the hislwp*
R.»uliester, h:ith boon cliiotly from ihrteletti*
dated the iJOlh of April, ITili; each of ibj
was written ui ilie hand of Mr. Kelljii>^
dictated by my lord bishop of Rochester.
My lord, tlu'se letters are writ, some f^^
cyphers, and some part not; they are «|*f^
by the names of T.Jones, T. llliDgtoD,«i'*
f others^ for a TreaatmabU C&nspimcy,
A. D. 1723.
[610
I t97S. Hiy lords, if tbe«*e ihie*5 letters
i pfnf rd lA your lorilHhipe Halinrucliua lo be
i mU^TM of my Jor«l iHsstiop oi' Itochesier, we
iflinbij tti)|>rrbend they do prove all tbe alle-
' I in llie Bill, which my lord bishop of
bath It^'fti pk*as^ to call upon tis
r Ihai he hath hten g:uiUv of. They do
^Ms wc»ay, and us plaitiiy appeal's Trom
em themseUesi, matters relating- to con-
^ And Goasptring to invite a foreig-n force
' ^ kii&l^om for au invasion, and lo pro-
D inturrecliuM. And if the name ot
I is the uame by wbicb the Pretender
V, that letter VI iU prove the other part
lit!, thai the bishop of Uoc better batb
^' ivitb the Pretender htmtfelf
f I heg leave to obaierve upon the
Od: It bath been insisted u|kid«
I lift contained in Plunkeirs cypher,
On may signify to Mr. Plnnk»tt*6
' thing, and in these letters another ;
t letlen are contrived io figures, and
cftttt words and names, as in Mr.
V I' so tkr they go^ to admit that in
r the name of Jackson inlands
I 'tri.c*j»*ti .
I J lord bilbo p of Rochester was pleased to
fmi that in ail the correspondence between
^ Aelly and the persons^ fviih whom be cor-
1 ttbroad, there is no name contained
1itnkett*8 cypher, which Kt^lly bath
\ of io any of bis letters, but (bit««
' , it appears lo your lordships^ that
ttModeiiee between Air. Kelly and
ons abroad, several other ztaaoes, men-
E in Plunkett^B cypher, have been used :
I it ii not material, whether tbe$e nntnei
r attained in the letters writ by Kelly him-
* or 4fi those of his correijK>ndeDl« writing
When his correspondents write to bim,
r to bis letters, tuey use several oiher
Qes which are couiuined in Plunkett's
wbicl), luv lord^, we butuMy appre-
mne thing as to this purpijM% us
I tuwd m Mr. Kelly's letters ; lor be
E presutued to kuow the meaatiig of those
\ naioeit» when they are contaiiied to
^ io answer to letters from bino,
ndence which he carries on ;
I I [iprebend, my lords» that is as
• e, as if Ibey had beeu coa-
lers writ by Kelly biiniielf.
I lis, I beg teiLve to take notice
names tliat are in Mr. Pluokett^s
4 used by Mr. Kelly^s corre^pon-
tbsir letters to him,
tstlittftkme of Xuland, nbicli stands
the name of l.Tvr«'\ ivKr-f^ giunds
TMarr ; the ntme ot i i stands
Mi4 the name oj r GUs-
My lords, all these * in Mr.
A^sryphert snd madf ; lie letters
' Ww«€ti Mr. Kelly aod bis ooms*
f9m lurdalj ,
tit»»l Ja tin Y ill l!
VOL. XV r; "
leave lo submit it to
amonfir persons con-
conspiracy,
ou tbt ismt
cyphers arc made use of, and in the cyphers of J
soitieof ibecooHpimtors the names c^ituprizedT
in letters writ by itthers of the conspirators atl
contained y wheilier it is not a reasonable evti
deuce, that those fictitious nomes contained ill
the cyphers of one of the conspiraturs, and]
made use of in the letters of the other^ sign if
the same persons; unless there is somelliing 1
distiuguish the case, and shew tliat the same
names are made use of to denote several
|jersons.
My lords, we humbly submit it to your lor^l-
ships, that it is plain from the evidence we have
given, that these three letters are writ by thai
same baud ; and by the circumstances in the
tetters, they appear to he dictated by one imd
the very same person. Therefore, roy lords,
the enquiry will be, who is the pei'iwm de-
scribed by the names of T. Jones, T. llliuglon,
and the 6guix>s 1S78 ; for if we have proved
I be bishop of Rochester to be denoted in this
correspondence by the names of Jones and II*
linutun^ and that these letters were written bj
Kelly, and dictated by Jones and Ilfm^ton, j
tben\be bishop of Rochester is the person bjl
whom these letters were dictated.
This w ill appear to your lordships from olbe
fikcts contained in letters tnter*!cpted in lhi*t cor»l
respoodence; facts Ihat^ all of them together^
can relate to no pervon but the bishop of fto*
Chester.
The circumstances of the Bishop in his ikf
miiy are exactly described in the three letterL
of Itie 20th of April ; and those circumstaucesi
pkinly shew, that all the three letters wer«
dictate<l by the same peiiion, and thai th«|
figures 1378 denote ibe same person that J one
and lilingtoudo.
3fy lords, there are several other facts roii*1
tained in the intercepted letters, that denottf
Junes and lllrngton to be bishop of Rc»chesterJ
Oneof tliem is, the fact relating to a dng sen
ovtr to Mr. Kelly, which appears, by the ev'
dence given, to have been designed for thi
bishop of Rochester: Therefore, in the leltsi
marked E. HU, (that is, a letter to Sir. Kellj
by the name of Hatiield, and directed to Mr,*
riiktiield, uniler Mr. Anthony 8auoder»'fl cover,
which is one of the pei'^ons described in the
lift of directions taken in Kelly^s pocket-book)
the letter menliiUis "the htltc dog was sent ten
days ago and ordered to be drlivered to you,'*
<Sec. My lords, afterwards Mr. Kelly, by a
letter dated the dOtb of April, 172^. E. 35, (it is
a letter from J, H. on*.* of Mr. Kelly's names,
to Uowell, sod which bare been proved to t>c
Mr. Kelly *s hand- writing; says, ^* I received
the pre!>eTttBeul by Ibe young lady, but in such
u bad condition, that I am afraid' be never will
do well ; for he bad a leg broken in his journey,
which is stilt very bad with him; however, I
will take all the care imagmable of biin, aod
inform Mr. Jones soon of it, to whom, 1 know,
any thing from that quarter will be very imh
ceptabte."
My lords, it appears by this letter ot* M«
Kelly's, tlist this dog, tbst is tbsrs mention
2tt
ffll]
9 'GEOBOE I. Proceeihgt t^ina Bishop AMrhtrgf
"WM not a ing fur Mr.- KeUy hiuiidf, but for
Mr. Jones ; a do^f for a person denoted and on-
derscood by the fictitious ntme of Jonas : So
that if the evidence that hath been given of
this do^ bein^ designed tor the Inshop of Ro-
chester is true, then it follows that Mr. Jones
Mentioned in diis letter of Kelly's denotes the
bishop of Rochester.
There is another letter relating to this dog,
£. 49: there is mentioned the concern Mrs.
Iliington was in for poor Harlequin; ** Mrs.
lllington is in great tribulation for poor Har-
lequin, who is in a bad way, having slipped his
leg again before it was thoroughly well, how-
ever his obligations to the lad v are as great as
if he had come safe, which be desires you to
let her know."
My lords, this shews that Jones and llling*
ton are the same persons. It appears by the
former letter, that the present was for Mr.
Jones, and he should soon know of it ; this
letter says, that Mrs. lllington is in great tri-
bulation, 6cc, However his obligations to the
lady are as great, 6cfi. Though in the first part
of the letter it is Mrs. lllington, in the latter
part it is " his obligations to the lady are as
great as if he had come safe, which he de-
sires you to let her know." That shews, that
the person in the former letter, described by
the name of Jones, is, in this letter, described
by lllington, and consequently Jones and ll-
lington are the same person.
Sly lords, the next circumstance observable
in these letters, the intercepted correspondence
between Mr. Kelly and bis friends abroad, is
the letter dtted'the 30th of April, 1722, E. 35,
which says, '^ Mrs. Jones died last week, and
when the days of mourning are over, he will,
1 hope, be fit for business."
My lords, it hath been given in evidence,
that the Bishop's lady — his own witnesses, as
well as ours, have given an account, that the
Bishop's ladv died the S6th of April : this
•letter is dated the 30th of the same April, oon-
sequputly this suits exactly with the Bishop's
dn umstances as to his lady being dea<l.
My lords, that Jones and lllington are the
same, appears likewise by the answer given to
this letter, dated the QOlh of May, 1722, E. 43,
which says, ** Mrs. Chi vers gives you her kind
service, and prays you will condole in his name
on the death ot Airs. lllington." My lords,
this letter is in answer to that of the 30th of
April, lor it begins, " Yours of the 30th of April,
which should have come by last post, is come
to hand ;" and this letter condoles on the death
of M:s. lllington, whereas the letter of the
30th of April gave an account that Mrs. Jones
was dead. 8o that Jones and lllington aii-
pear by these letters to denote the same person.
My lords, these are IcthTs writ by corre-
spondents concernetl, one with another, in car-
rying on this conspirac}'. It hath ~
been oh
jected, on the behalf of my lord bishop of ! of the apprehension of the writer
({oclioster, that he is not concerned in writing ' bended he was only come to tow
of these letters, nor did anjf of them come to
bis bands, nor* were they writ by his direetioiis,
but that they passed bctn^^te BIr.'Kally
bis correspondents abroad.
Yoor lordships, we hope, will be of 4^
in a correspondence of this nstdre, (oi
they shew something to indoce jsur lonis
to believe, that there bath been' if tl&aKdoos
sign in the parties between wHom these le*
passed, to denote the bishop of RMhestei
order to charge him) that these are facts, w
amount to a certain proof who tbeJ|N^
that used to go by the names of Joiies
lllington.
Your lordshipa observe bow the m
stands: Mr. Jones and lllington is a 'M
described, by the letters of the SOth o(-t
to be in great pain himself, to be in mdaid
circumstances in other respects: he a]tf
by the evidence at that time to have been i
the gout ; his lady appears to have htm
and dying ; Mrs. Jones and Mr. lllingttto
person to whom a dog was sent ; and as H
pears by the evidetice that this dog was
signed for the bishop of Rochester. '1
Jones, in one letter it is said, died last wd
and in another letter th^y condole the deri
Mrs. lllington : and it appears the Bish
Udy died the week before the 80th of Apr
My lords there are o^er circnmitsB
which I should mentioh, in relation to
times when the Bishop was in London,
when in the country, which, we appreben
an additional proof who ' was meant by
names of Jones and IlKngtte. Therefor
letter £.41, a. Kelly says, '»Mr. IHin^
now in town, and presents his kind servio
you ; he is glad to hear yon received hislr
by Crow, and wishes his next may he mo:
your satisfaction."
This letter is dated the 7th of May ; t
it is said, Mr. Jones is now in town : it
pears, by the examination of Wood, the coi
man, that on the 7th of May my lord bi
of Rochester was in town.
There is another letter dated the 7th of I
1722, directed to MoFgrave, E. 42, whi
beg leave to make some observations on. T
it is said, ** I had the favour of yours, w
I communicated to Mr. Jones, who is con
town only for a day."
My lords, this letter shews, that the pc
denoted by the name of Jones was com
town. But they object, that this letter ca
be applied to denote the bishop of Roche
because it appears, by the deposition of ^
that the bishop of Rochester staid in tow
the 10th of May ; so consequently he dii
come to town only for a day, and consequi
cannot be the person meant in that letter.
My lords, as to that it appears, that the
concerning Mr. Jones applying it to thebi
of Rochester, of his being come to tow
true ; as to the Bishop's lieing come to
only for a day, that is not matter of fad
he a|
only come to town fbr a
but he might be mistaken in that ; bal'tb
of his being oome to town is (ni^ the ^
and QlkerSjiJbr a Treasonahie Conspiraci/, A. D. 1723.
[6tl'
t he came only Cor a
' ust jsiii>ii)iiil loyour
^10D of Ibe ti^rili^r u
. truth of the foci cod-
lidd been a discovf^ry^ ilmt the (ictitioas tiam«««
(utQueruitig >\iiich be bad betn examined, %vcr«
iTiftdo use ot ill thoir corres|»oodeuct^.
Sifik truth of the foci COD- My WdH^ he comes aderwrards aud vrritess
wUea we have proved ihtit letter* arier such time as he was haded (he
Uochester was in town on wastakf«i the 19(h of May, and bailed the 7tb
?i
^CD i>lr. Jones ja oientioDed to have
10 ihiit letter.
leUifr dated Thursday the 10th of
"44, 9ay*» ** illinj^on is gone
and fliut me word lie would be
day iii^i^ht, when he halh de-
^al a particular hour, by wblrh
bit ti>ny be about hu»irie** ;" aitd the
btIcM%inLr tti$i Thuridtty happened to
V. Another leUer, E* 4.'>,
v, l7S2,My8, ''Mr.JoDea
btt ry, but he hath aent me
vn to-morrow." My lortii,
If-' hecoachtoau Wooil^it
pr^ U up of Rochester woa
«»wu the lULh oi Mhyt out of town tiie
'.>laVt hut thai he catiie to town the
Uf ' h is the day mentioned in
K« 1^ had proiuised to coroe to
Pb ujiii hue are additidnaJ circuni'
1 agreeing to prove that the biahop
~^ denoted by the natnea of
OI*. My lords, we muut suh-
riMi rkr*kiinMp cunjecturai
t the conse*
.1 Jones and llliniftaii
' r» 111 whom all th<tse
It h> ahtiu»l iitoiaUy tfnpossihle,
^ fads shuuld aj^ree iii the c^sae ai'
i9 ihey do iii the ca^e of
Mr.
H» ifie letten of the
iii«f, only persttn that
>dy cirouoiataiiee^ at
. ttkiifhtW 44). They
I u^iiinitf 0l hii lieing' in town
iutry ; a i^reat many personii
(TO and in the country on ihote
in. livi true, it mtg^ht be so,
oJv uhiiso lady died tlie week
^ut the bishop ui Ro-
are a ^reat nmny to
t drcMuiiiiaiice ma jf be afplied « f i u t ,
ll^ laMiifr «lw ctrcninsfaftces to|f ether »
mtfiHtli ir in the ciue of
iV Ml*' .1 the CHM! of my
bo^ofi
Ijr ool h* r here to take notice
I miliar ut \U¥ iuierce|Hed Irtteri, tlmt
caftvAii in evidence to yvtir brdshipii,
liiliM Um Dames of Jones and 11-
I"
RW X«Uy*t ktterst ifivmirafi account of
y talm opf and hit t^k.ioftination before
. takes notice oi hia beings exa-
i p«nM»Q« thiu Mere meant
tiaoiea; and, ammiKr |||«
lllinj^tooi who, he tavs, are
VWL Thiaiato i^ive an iotiiiia*
^ ' abroad. llMt lli«re
of June), wherein he says, ^* It is ah«ntut«ly
necessary now, that there should be a new
book of accouuts ;'* says he, ** they must use
no rootle their present book of aecountii, since
those who have g^ot part, may have ^ut the
wh(de."
My h>rds, we humbly submit it, that he
havinif l^^iven un account of his l»ein^ examined
Cfincernm^ those severul fictitious names^ after
when he comes, and says, it is absolut^'ly De->
cesiMiry to hate a oevt honk of accounts*, it is
a plain owning of Kelly by this leitei) thai
the names enquired after were the names
made use of in the correspondence, and there*
fore he says, it is necessary to have a tiew hook
of accouuts t that i^, other cy phers and fictt-
tinua iiame«, by which to carry on iheir cor*
respondcQce : he owns thoy have got part, ati^
frars they may have got itje whole.
From that unw the names of J tines and II-
liogtcin ate no more met with hi the corre*
spdudence that follotTf;. We have gone 09
furilier in our evidence to fix any otlier names
to meiin the bishop of Rochiiter, hut only the
natues of JfHies and llliu^ton, Bvt there are
oih«^r naiiH'K, whicb^ iu llie letlerd that fullow,
pnihably are deiii((Ded to mean the hislH^p of
Uciebp«;ier ; but they will be oat of the case,
liecauHe we have sfiveu noevidetn*e cnncCruini^ •
them: ami the pUin ie«w>u uhy Jones ar»4 *
Jllington are not made use of any longer ts^
liecttuse it appears on the ejcsminution of Mr*
Kelly, that tliose names were meutiixied ;
iherelore Ihsy were afraid, by makinif use of •
ihofie names, the corresfiondeuce iii^ght be
discovered, aud it mi^ht prejudice the persona
who went by tho^ie ficuttous numes.
My lordii^ thijt is the substaucie of tlie letters
writ to and from Mr Kelly aud his corre-
i^pondents, concerning the peri^on that goes by '
the nnines of Jones and llhotfton.
Though my lord bitbop si Itochester iuststs,
that he is nut pr«*t?d to be the person con-
cerned iu wriiitig thi.'Se leUens, and that he had
no notice of ihein, and therefore they uugbl •
nut to be looked upon asevidrncea^iiui*it him ;
my lords, wc submit it to your lordships, in a
correspoiidentteot'ihtfi nature, when we pursue ;
facts and circumKtaiines thnt are statwl, and
arise from theintD ' ' lerK, which» when
1 1 Ay come to be ii I ^ therj are a plaifi ,
indieottou of the pii»iMi uuu m meant by them \ •
when the«ie iirciirniftnhces and fads can At
none but tiie bishop of Rochester, we ho|>r«
though It t!t not letjfil eiuieuce in Wwtnan*
steT'liall, ^fi i> t* ijAtistuclpry evidence Uf in*
duce y i|is tu heUeve, mxti be ct»u*
viooed\ t ^ j^on can be denoted by tliesa
names but liie bi»h«t» of RochcaUr.
My inrd«, this is a matter that the bishop of
Rochester could not, with all bis «are, b*
015]
9 GEORGE I. Proceedings agaiml Sulwp Aiteriwnft [610
aware of; he Ukes care that the lettera of the
90th of April are in cyphers, and not writ with
his own hand ; fictitioua names are made use
of, and he thiuks he shall be shellcred by Ihis
means from being found out to be the person.
The other facts could not be supposed would
come out to explain the pprson.
But, my lords, very often there is a provi-
deuce in delecting thm^ of this nature ; and
where the greatest caution and care is used,
oircumstauees (that human prudence could not
guard against) are so strong and convincing,
that they discover such secret correspondence,
and plamly pro? e who is the person carrying
it on.
Some texts of Scripture have been cited on
the other side : my kirds, 1 beg leave to use one
on this occasion ; and that is, «* Curse not the
king, no not in thy thought ; for a bird of the
air shall carry the voice, and that which bath
wings shall tell the matter."
In these treasonable conspiradet and corre-
spondences against the king and government,
(notwithstanding they are carried on so secret-
ly, that the conspirators think nothing can dis-
cover them,) there happen sometimes, through
Providence, sach cireumstances which the per>
sons cannot be aware of, that bring those things
of darkness to light : and we hope this may be
an example, that may deter any person mm
going in the most secret and concealed way to
ensage in any thin^ of this nature.
My lords, there is a matter I shall beg leave
to mention to your lordships, because my lord
bishop hath insinuated as if I made hard and
barsh application of the letter taken upon his
wrvant My lords, he says that the construc-
tion I put upon that letter was not a natural
but an ill-natured explication. The letter men-
tions an impeachmeut, and says the Bishop in
the letter, *< If the impeachment cannot be
stopt, I am prisoner for some years without
remedy."
My lords, I did observe to yonr lordships on
that expression in the letter, that it seemed to
import a sense of my lord bishop's guilt, be-
cause he said he was unavoidably a prisoner for
some years. My kird bishop says, this is by
no means a natural, but a forced and ill-natured
explication; for in that place he meant no
more than, if an impeachment were lodged, it
would not be prosecuted, but made use of only
that he might be detained a prisoner for some
years.
My lords, I most snbmit to your lordships,
which is the most genuine and natural inter-
pretation, that which I put upon the words, or
that which my lord bishop of Rochester doth,
which so highly reflects on the honour and
justice of your lordships and the House of
Commons.
My lords, I shall beg leave, in the next place,
to take notice of the evidence that hath been
given on the behalf of my lord bbhop of Ro-
chester, and to conskler, whether that is suffi-
cient evidence to satisfy your lordships of bis
My lords, we did read the exuninatioB of Mr.
Neynoe, one of his examinatioiis, and tbete
that was taken ; they on the other mi» edM
for three other examinations, of which the hst
examination, which we read, was an abstnwt;
they read them all, and, my ferds, tbe ami*
nation which we read was oonaiateiit wiib thne
other examinatkms, with relation to my laid
bishop of Rochester : and I most own that the
charge, in the examination of Neynot« npn
my lord bishop of Rochester, is only hsawty
from Kelly ; that Mr. Kelly did tefi NeyDM^
that the bishop of Rochester held eotTwp»
dence with die Pretender and his agents ; mi
that he was employed by the Biahop in wMkg
for him, and carrying on tbe said OMTCi|n-
denoes: so far, my lords, it is bennayi«kil
Mr. Kelly told Neynoe. Now, as to Mr. U^T
himself, it did affect him, by charging thM hi
had confessed to Neynoe, that he Aid mm m
such a correspondence: hot as to my toil M-
shop, it cannot affect him but aa bearsaj % -^
we must agree that, if there waa nothing iki
agreel
in the case but this, all the argamentti i
use of against such evidence would be of grai
weight.
My brds, I cannot say that this cbaiga fnm
Neynoe's examination is of weight to €bai|i
the bishop of Rochester, so aa to condemn his.
My lords, they have urged that if tbia chM
is not to be believed, all conies to nothing : IM^
say they, is the foumlatMu ; and if Mynsi%
examination is not sufficient to afleet tbe nihip
of Rochester, then all the aubsequent ovidnM
falls to the ground.
My lords, I beg leave to observe first, thatif
we had not Neynoe's examination, tbe pimf
against my lord biKhop of Rochester b as sMg
without it as with it ; it is certainly evidmos
of the conspiracy in general, but aa to the Bi«
shop it is only a circumstance, to shew Ibil
another man had said of the bishop of Rsehw
ter, that he was carrying on a oorrespondsMt
with the Pretender, ^.
But, my lords, taking the examinatkw if
Neynoe out of the case, and oonaiderintf Ihi
other facto mentioned and proved to yourloid-
ships, there is no occasion of Neynoe's eisfli*
nation ; whether Neynoe's examination bt
false or true, is not material : there is snfidcit
to prove the bishop of Rochester guilty, ftr
they cannot destroy the other facta and cir-
cumstances; and as long as they subsist, thiy
~ ifrw
prove the bishop of Rochester to be the i
concerocd in carrying on this correspondsacs.
My lords, I beg leave to observe in Neynoe^
examination, there is something more thm
hearsay, there is a fact in it, and we areabitli
support that fact by other evidence. NcyMi
says, that he hath gone several timsa WJA
Kelly to the bishop of Rochetttor's, and hllh
staid a considerable time for him. My M^
we shall prove by another witnem, that NeyHi
about tkiat time came several timea to a bMib
where he said he waited for a friend of bii ihrt
was gone to the bishop of Racbeelcr's, and ky
aiaid and waited for hraa tbren or Ibw tnMi
7
\
i
ttnd othera.Jiir a TreasonaUe Cotupiracif. A. D. 1723.
[OlS
an tinttr and an liatf together,
>iri wbal >'e^'nue said iu ihat
il)r there tre screrftl improbiibilitteis
■I In Neynotf^s cxanrmiiiion, and iiicou*
an to the imiirobuUitities, sonic of
! tnputtoncd AS if there was ^te&X wei^U
Tlmt, so modi iiisisietl on by my
"H is, that Neynoe sayB* be
^ rile memoriata, Atid tue last
ii» DcreiTiber, arid Ihat wu to
the rrt^i-ril of France to furnisb ft body
5^piwi ♦«. r. tn rnme aod invade these king-
n made by the bishop of
j\r*^ these memorial* ?
Hit he not i . of tbein ? For he
[ihAt titoe ( ! , in 0 de«ic^n to serre
If une way or other; if he designed to
those persons he corresponded with, it
■ ate been of service tri have kept those
da, to liRve riclivered them to the go-
ni : il\ on t!ic o<ber side, he bad kepi to
(lifrnds, tt woiitd have been proper to have
'er to create a confidence in
w the part he had in itje coo-
< uc^Ki ob^rvaiiont^ can have no
, when your lordi^hip** come to con^itder
'**"'^^'*cr, and ibere was never
I J to make nny discovery
^ ;.. J ..\] July foUouiti^. As to
fice it mijrhl be to keep Ihem with re*
hi* parU my IohIs, we bumbfy ap-
Pii tnig; bim as a man en-
k^nce of this kind, a me-
al of tbiii tiaiute drawn up by him can be
mIqo ii«e« but to detect himselt and injure his
pBty, it' be haprjens to be taken up, and such
» wtnwriMl frtimii ujjon bim ; therefore it was
ieecifciu ■ -tfov it.
Vy : e 19 another tbin^ raentiotied
with rcuii'Mi til Watson, and ihe iniprobability
•if hit bdiig the ««-] Mftrescbal ; but Neynoe
4m» not t^^y that be wai the earl Mareschtif,
k«l Biyfi, there waj* one Henry Watson, which
to be a fictitious name, and does not
irbo be really wa«, but he tiKik him
Ihe t^t\ Marescbaf, and he f^ave him
da to draw up these memorials.
»fda, we apprehend it \s not material
fllxon waa ; be is a person thai employed
m write these niemorials, and' lie
the earl Mareichal ; Neynoe says
I bim to be ho. Hay they, if it was the
cbal| why sboubf be iie teverat nigbtR
• f Thi», «ay they» la very im*
vas to conceal
for that ptir-
vviiii Neynoe* and
^c Ma«i* m not im*
.*».>uf ^,.1 discover
I Neynoe
^r^Mu -^^,-^'-i .-: ^-,^ -piracy, if
tiid ntit know him In be the earl
al^ it mitfbl not f»c projier for him to
liitnteif p.
Dfila^ 1 U;->*- e are the principal
f ol9»cte«f ; tlier« «r« aomt other Httle
matters, but I think dwelliogf on auch ol»jec-
tions as these, is but mis- spending yonr lurd-
time.
My lords, that which we humbly insist uffOn
is, VVbeibcr Neynoe*B ejicamination is an exa-
mination to be c red tied or not credited ? We
afrree it is only heai'say as to the bishop of
Rochester, and if we bad not other matter,
it would not be ^ntBcient ; to that we huutbly
Mpprebend its being true or false, won't ai»
lect this case. If your lordshipa arc of opi-
nion it is false, there is sufGcient evidence
against the bishop of Rochester wilboat it.
My lords, in the nejtt place, they have pro-
duced in evidence aeveral persons that come
and give your lordships an account of Neynoe'a
confessions to tbem. There is one Mr. Bingley,
Mr- Steward and Mr, Skeene, and two other
persons, that give an account of what Mr.
skeene and Steward had told them Neynoe bad
said.
Bingley by his evidence would have it be-
lieved, th;it Neynoe had told him, he was em-
ployed by some person in power, to fix several
things upon several persons that tbijy were
innocent Of; that he bad said several things that
were falsi', and had imposed upon a great man
he had made application to, and bad got great
Slims of money out of him.
My lords, I don*l know how far they would
carry this ; for by what hath been insisted upon
by my lord bishop of Kocbester, and his coun-
sel, it should seem as if they were labouring to
shew from these jiersons that ibey have called
to be examined, tnat all the letters relating la
this correspondence^ the letters of the SOth of
April, and subsequent lettent that relate to the
particular facts that denote Jones and tllington
to be my lord bishop of Rochester, were con-
trived between Neynoe and some other persons,
in order to charge my lord bishop o( Rochester
with being concerned in this consptracy. Thii
seems to be what they arc labouring at by ibii
evidence.
My lords, as to Neynoe^s being a person em-
ployed in writing these letters of the 201 b of
April, or any subsequent letters, in manner ai
is suggested, we shall sbcw your lordships that
it if impossible to be true ; we ^hall sliew that
the letters of the 20th of April, and all the other
letters that mention the facta which denote the
bi«hop of Rochester, were all intercepted atid
in the hands of the government, l>elore sucb
time as it was known among the ministry that
there was such a person as Ncy noe : for N ey doc
made vtpplicalion to the honourable person men-
tioned by their Hicopaaetf aub»cqueni to all this
correispondence, when theae letters were in the
hands ol' the government, as a person that
ctndd make discoveries to the government
Therefore that insinuation romal vanish, that
Neynoe waa employed to forge letter, which
contain facts under llie names of Joties soil
lllington, to charge Ihe bisbon of Kocbeclari
and that even tho»e lettein of tuc 20th of A|inl
^ere tbrged by him.
My torda, we shall go iotu the characta^ of
I
I
I
I
I
619}
9 GEORGE r.
Pi oceeuiu^s a^aitist l>is/iop AUcrburtf^ j[62U
Mr. BiDfl^ley, who hatb, at your lordships' bar.
owned, that he bath been whi|»t, pilloried, and
im [Prisoned ; and as he bath taken his degrees,
as he owned at your lordships' bar, consequently
he hath taken the oaths. '
As to the character of Mr. Skeene, he hath
likewise been produced as a witness, and he
carries Ills evidence farther than the evidence
of Mr. Bingley ; for whereas Mr. Bindley
sayt<, that Neynoc confessed he had imposed
upon that honourable person, and bad men-
tioned thinc^ that were false, yet he could not
say tliNt afler the time of his examinations,
after Neynoe was brought from Dover to town,
he had confessed to htm that what he had said
on those examinations was false : but 8keene
says, that after his examinations he owned that
they were false. The last examination was
the 27 til of September, and he was drowned
that ui^ht ; hut as to the examinations before
the 37th of September, and out of which that
is ctillected, Mr. Skeene says, Neynoe said to
him that they were false.
My lords, as to Mr. Skeene, we shall sheir
vbat suit of a man he is, a man attainted of
high-treason ; and though he is pardoned as to
his having his life and liberty given him, he is
in all respects an attainted person : he was trijcd
and condemned in the county of Surry for being
concerned in the Preston rebellion, and con-
sequently a man of no credit. And as to what
he and Steward swear, relating to a conversa-
tion with Neynoe, when in custody, we shall,
shcM' they never were together after the first
nijifhi when they supped together. lie was
asKed, whether it was the first night that he
had this conversation with Neynoe, and he
did 'not pretend he had any conversation of
this nature with Neynoe the first night; and
if it was not the first night, we shall shew it
could not be afterwards, for Neynoe was kept
in a room by himself, Skeene and Steward by
themselves m a n>oin underneath ; and tlierc-
fore this seems to le a story contrived between
Skeene and Steward.
We shall shew it could not be nopsible for
them to converse together, for Skeene and
Steward were locked up in their room ; Neynoe
^^ u 'locked up in his mom separate and apart
from theirs; so that they could never have
correspondence with him, nor come near him.
Another thing is sworn by one of them, about
a message sent to him by Nevnoe.and apaper,
while tiiey were in custody or the messenger ;
and he sa>s, this paper was brought to him by
the messenger's maid from Neynoe, and thai
this pa|>er contained a justification of my lord
Orrery, expressing that he knew nothing of
my lord Orrer^r, but what he bad said of uim
was utterly false ; that the messenger finding
Le had some paper, he, to conceal thi^ jutper,
burnt it. But that tlie maid came to him with
such a message or paper is false; the maid
never did, nor did the menenger know of the
paper, as wc shall prove to your lordships.
My lords, when we liave proved tbtSt wt
baiobly apprehend we i»f ^ ^en qff i^jr ^sf^
dit that could be civen to wliat these people
have said, if they have said any thing material.
My lords, belbre I leave this liead, Ibeg leave
to olMierve another things as to Skeene. He,
upon his examination concerning a discourse
with Fancier, denies it entirely ; nut says, that
what Fancier hath informed in rdation to him,
is false. We shall call Fancier, who will in-
form your lordships, that Skeene hath owned
that he was privy to this conspiracy, and koevr
who were concerned in it.
. I own there are several noble persmui named
to be concerned ; that there is lio reason to say«
from what Skeene may have said of them, thai
they are guilty : but such as he may haTe'imd
the names of great persons designedly^ to fcs^
up the spirit of their party, by telling then
such and such persons were concerned : aoiif
there is no other evidence but what such a per-
son hath said, the noble persons mentioned will
not be affected by it.
My lords, there is another head 1 shall beg
leave to mention, and what thev have insisted
upon under this supposition ; that they woold
have it taken that there was a design to fiirgs
letters, in order to charge my lord bishop of
Rochester, and several other persons. Sar
they, it was easy to get information of sra
circumstances relating to the Bishop and his
family as are mentioned in the intercepted let-
ters, and then to write such letters with a design
falsely to charge the Bishop with having bwn
concerned in carrying on a treasonable corres-
pondence. Your lordships will please to con*
aider who this charj;e must fall upon, of foig-
ing the letters of the 20th of April, or the letters'
that shew Jones and llliugton to be the bishop
of Rochester.
My lords, we have proved them all to be Mr.
Kelly's own handwriting, or letters that have
come in answer to them. They have ohiected
we have nut given sufficient proof of Kellv't
hand : say they, it is proved by clerks of tlie
post-office, who never bad compared one origi-
nal letter with another ; but at last they stop
an original letter, dated the 20th of August,
after the correspondence had been carried oa
several months ; and then come and swear that
the original letters that were forwarded, wen
of the same handwriting with that of the liOiIi
of August. Can this be looked upon as suffi-
cient proof ? But we submit it ; their evidence
is much stronger than if they had only com-
pared one letter with another, for they not only ,
had these letters come every week, but they .
were emnloycd every time these letters came,
to copy them ; so that the handwriting of these .
letters must, by the constant stopping of these .
letters, and their copying of them, l^ so im-„,
printed on their memory, that they are mocfa .
better judges of tlie bund, than if they had two..,
of these letters to have only compareu them to* ,
ffether. And the handwriting was so weU/^
known to them, thai tliey could, as they hare.,
inforined your lordships, when any of these kt".^
ten cux^^ distinguish them^ by the handwiitte
if the SBpaicripUonSy beiwe ibey had optnilj
Mt&km.Ji&tt TretisMhleWSSfiraeji. *A?b?ifts. '
t^iey R€ver were misjtakrn. Anil
mbly apprehemf^ is ns Batisf?ictnry
aft can be gi^en, that tliest: Mt^rs
ndff riling of Mr, Kelly, nroTide^l
' the 20lh of Aug[U«t, ^hlcu 1 sball
of by and bye, is fiufTicienlly i»ro¥eiJ
htDUtt't-Ltmof*
then, my lopiffl, ibai these lefters
dwrittog of nir, Ketlyj ond of his
>Qls m anavter to them, I don't find
J hbbop of Rocb<*«tef halli chargfe<J
dth havingariy malicetohiti]. And
1 malice lo fhe*lis*h«p of Roebe«tcr,
J induce him to write those Setters,
la charge the biahnp of Rochefiter
sbDcerned in fbis conspiracj ?
, we humbly ap|^rebend the pretepoe
\m beio]^ fbrged, mutt insiDdiute,
a Vile feU6Tr;mteDding to charge
»f Rochester with beinff conoeroed
(lirtcy, and nkake bimliable to for-
ilog that was disar to bim, hath cpu-
f oobtaiDing cireiimstaoces, in order
be tte peraon denoted b v the oames
d miogtpD : he bath writtea letters,
Mnalidn received others in answer
'Als purpose: itnd' by these wicked
lOt pfoctibJbsy hath fufhiklied tl^
ibttthe Bishop, wtiols aii inbbtent
2 this is the subsfanee of jkhe d^f^te
I ; and whether ^our lotdAips will
'we must submit to your loroships.
lipsliaTe had K.d!ybelb^ey^,and
ttioor have had no reason lo think
'4ny malice against my lord bishop
t, or any design or intention to pre-
/the next part of the eridence I
aT^ to observe, is a part very consi-
i is so far from lieing a defence,
^nce attempted, hath confirmed and
id the evidence against mv lord bi-
^ihester ; that is, with relation to tlie
I among my LordBishop^s papers,
Dobois ; a letter which, they, ob-
t contain any treason, or is of any
import ; but it seems to be a letter
lltt, and, I believe, as such, it was
ire to be destroyed, as it would have
lere been any ap{)rvlicn>ion that use
been mtfde of it, as now. uj^ainstthe
Stater.
L the use we n\il:e of it is, to shew
ifioson, or Mr. Kflly, was a |>ers()u
vj my lord Msliop of Rochester in
Hk for him. My lords, your lord-
llhme hy the letter, he* says, '' I
mbiog IroDi you since the letter I
Mblnonths ago by Mr. Johnson;
BHiiediately in his hand returned
iftfttlbitlhe bishop of Rochester's
'^tra hand, or his letter writ
^ .bliinly^ proves what, we
»o,'i.'e. 'Kelly writ ibr
," Upi HrHI observe, it is
a letter wvjt iii a bautl wlilch no man writes, a
sliflrhft»j<4 Jitmost like print ; nnd it is plain ibai
it is writ lo Jlsgube the baud of itie writer,
whoever be wa^. At the latter end of the let-
ter, wbfn the [lerson Ibat virlt it comes to be
, tired and off of Wm ^^^tti^ there are sei'eral kt-
' ters whicb, com /m red with tlK* writing of my
lord (i I shop of Rod I ester, aad whst is own*;!!
to be his^ appear tf* be bis writing. Jo tbe
datetif the IcHpr, which i^ Decejubpr, the D
^ou frequently iind ip the Biahoji'g ii ind writ-
ing; yijur Jordsbip^ oWrve the k-tter E, that
frequently occius io the Blshoji'^ii writing; i^ud
your lordships, by coTnpanng that with the
ktler produced, will find thai tbcy exacily
agrei*.
Wbelber or na yoor lordships wop*t tl^ink it,
on those circumstaueesj to be the writiog of
my lord bishop of Roeheiter' in a disguised
hatidj we must submit to your lord ships. But,
my lordSj suppose it was not his handwriting,
here is eridence that it wa# his letter ; and
that is evident, bt^cao^e it is under hi^ ^aI, it is
sealed with his own seat, a seal that be had iu
his costodyi and made use of no longer ago
than the OTh of February last: I tliiak thai is
ibe \\^y a letter was talien from his servapjt.
Thai, we humbly apprehend, mj lords, wilt
plainly shew it is lheBishop*e teller, because
jt woH sealed with l^i:^ se^t^ and the SAme &eat
is miide use of by the Bishop, on lUe letter
that was taken upon his servant In February
My lords^ this mntter hath been controverted
by my Lord Bishop. He bath called en-
gravers,^ who IjelJeve teal* may be couuter fell-
ed, and rniprefijiipus may he taken off the wax,
and another hnjiression made, ^o as to make it
diMcuitto know which is which* Thfy were
a little loose in answeiing^ the qupstion^ Wlje-
Iher or no, if the seal from whence li^e impce^
sion was to he taken, wa» broken in the mjddje,
it could be done ? But one said, the seal inj^hl
be mended, and it ml^hl pa^s unobnei t iil \ hitt
I fi«d it is extremely difccuU. But ibey did
fiayf sealq may he so ccanterfeik'fi, that *t may
he diffii'^uK to discover one iVom the other. My
lords, this is to insinuatei that altar Hucb (imta
'A% the kfter was taken upon my I..i»rd Bi^bop^A
servant, ttie p«r«on in whose custody this other
letter of Bubais was (w;hich is jjroved to iuiv«
been takeo the il4lh of A«ig» amonijst the Bi-
shop** papers) hath caii^l \^l^ irupref^sion lo be
' c?: n ifiXiU} «r d A^iib which ihe kt(er to Du-
: :\ii^ ^v,!^ Li, lilt? wajc broken in two as it
,i»s> iM nrdtii to ll\ it up<^n t1ie letter that wa^
t^ken upon my Lord Bishop- s serraiit, so as to
ijrove ihe letter to Duliois to Le ibe Bishop's
etler* Who is this to be fix^d upon ? Neynoo
was gone I I don* I know, uulrfc^ upon ihe com*
mittte of the House of Comnr**na : *or the Bi-
^\\m*% letter vias taken i^n hi a servant the ^aih
iif F^^broary ; ilie commit )et of the House of
CoH*moos made ll*cir Ul■^^O^t on the Hrsi of
March, nud the letier lo Uubois had, loD|r ^^
fore tlie St;ih of Ftbj u*ty, hceii in Cuntody of
that committee. Ami yi^t while luiii letter is i<-
623]
9 GEORGE I. Proceedings against Bishop AiierJmry^ [6S
custody of a committee of the Ilonse of Com-
rooDs, they will have it, here is an impression
taken off a broken seal, and put on this other
letter, in order to shew that these are letters of
the same person. Who can believe this to be
the case?
An observation hath been made, that truly
the committee of the House of Commons have
not made any observation of this kind, with re-
lation to thb letter to Dubois, that it is the Bi-
shop's letter : wbicb is true; for they had not
this matter relating to the identity of the seals
under* their consideration; but this is a new
discovery made since : and therefore, my lords,
they apprehended that this was a letter directed |
to the Bishop by the name of Dubois, it being j
found amongst his papers, and nothing to the '
contrary dicTappear, till after they had made
their Iteport.
My lords, there are other things your lord-
ships would have expected to have had an ac-
count of, in answer to this evidence. Here is a
letter found among my Lord Bishop's papers ;
consequently, so far we apprehend that this
evidence is a legal evidence against the Bishop,
as being a letter found in his custody ; this let-
ter is directed to Dubois, and mentions the hand
of Johnson. Doth my lord bishop of Rochester
Jive any account who Dubois is? who this
ohnson is ? how this letter came there ? No,
ray lords, none at all. Doth bis lordship give
YOU any account of the seal P and hath his
lordship said that the seal, that sealed the letter
taken on bis servant, he hath not ? or that the
letter was not sealed with his seal, or that he
did not seal it himself? His lordship did not
say one word to that purpose, or make any de-
nial of the matter, nor give your lordships any
account who Dubois and Jonnson were ; no-
tbinflf at all, but hath left it to your lordships
on that foot : that the letter to Dubois had an
impression taken off, after it was in the custody
of the committee of the House of Commons,
and that impression made use of on the other
letter : and that this is another part of the con-
trivance, in order to charge my lord bishop of
Rochester with being concerned in this con-
spiracy.
My lords, as to the seal's being the same on
the two letters, we humbly apprehend, the evi-
dence given on the other side liath strengthened
ours. We have produced two engravers, one
of them the V own to be the top engraver of
England, Mr. Christian ; he grave your lord-
ships an account, that he verily believed these
two impressions to be taken oif from the same
seal. Mr. Rolles said the same thing, and that
he had used the art long, and could judg^e.
They made no endeavours on the other side to
try the skill of Mr. Christian : but as to Mr.
Rolles, they hoped they should be able to puz-
zle him ; and therefore have pro«luced six se-
veral impressions made on wax by seals to try
his art ; and after he had looked upon them,
he g^ves you such an account, that, I believe,
your k>rdsbips are satisfied that he is a man of
skill and art : and that if theie imprsnioiis liad
been taken off, as they would insiniiate tlie
were, he must have discovered it.
Aly lords, here is an artist brought to mak
this experiment on Holies, to try bis skill
yet, notwithstandingall the art hath been mad
use of in the case, that could be, the man wi
able not only to distinguish how many sea
the impressions were made with, but also 1
give an account that they were cast seals, as
not graved seals, that made those impressioni
'fbis, my lords, will have such a weigh
with your lordships, that we hope your kwd
ships will believe bis evidence is true ; andtf ]
is true, what answ^ hath beeu given U yoa
lordships have he^d. Whether, theroHc
any satisfactory answer hath been given Is as
evidence so strong and convincing of JohoMi'i
beinff employed in writing letters for the biihi|
of Rochester, we must submit to your M'
ships.
My lonls, the next evidence they went upoc
was m relation to the dog. Say they, we sill
shew that this dog was not for the bishop ol
Rochester, or any other person but Mrs. Baraes,
As to that, my lords, 1 beg leave to reniod
your lordships of the evidence ffiveo by Mn.
Barnes, that Mr. Kelly told her it was for Ibe
bishop of Rochester. It is a little improbable^
if the dog had been for Mrs. Barnes, that be
should come and deliver it to her, and tell ba-
it is for the bishop of Rochester. But it sp-
pears by Mrs. Biames, that another dop^ wa»
designed for her, and that this dog was ror die
bishop of Rochester. They have read in efi-
dence a certificate, signed by Mr. Binning^
ham, and likewise an affidavit, that there wti,
in the month of March, a dog delivered to KeUj
in France for Mrs. Barnes. That, my lonu,
must be another dog, and not this, whidi we
say was for the bishop nf Rochester ; for tbif
was not delivered to Mr. Kelly in France, Wt
was sent over to him after he was in Eoglaad,
as appears by the letters ; and aAer he had re-
ceived it, he writes, that <* he would iofbrm
Mr. Jones soou of it, to whom any thing fron
that quarter would be very acceptable.*' Se
that, my lords, if there was another dog, and
by Mr. Kelly designed for Mrs. Baraes, «•
humbly apprehend it cannot be applied to tbii;
for this dog was desi(>ne<l for Mr. Jones, and
Airs. Barnes says, that is the bishop of Ro-
chester.
My lords, the next evidence given by tbea
is in relation to the letters of the 20th or April
They have endeavoured to prove that, as to mj
lord bishop uf Rochester, it is iinpojuiible tbal
these letters could be written or dictated by
him. He caiue to town the 1 1th, and went te
Bromley again the l'2th of April \ he bad a fil
of the gout soon after ; had servants that floa-
stantly attended him, more than one ; andtheK
servants give an account, that no person wbeft-
soever came near him, or could be eraplojc'
by him to write those letters.
My lords, 1 beg leave to observe, first, tbil
as to the applying their evidence to the wm^
of thwe letters on the 80th of April, it is v«y
W'.
mnd olhers^Jhr a TreoionaUe Conspiracy, . A- D. 1725. [096
iioiably diAl tlie letters ivrre writ on anolhfr My lords^ I beg leave (o obterre, frbat tb«
iiy ilioji wbimthe'v bear dute : therefore it' they servants have «worQ* Here h Grentf that it
iny lord'ii butler, he savs^ that tny Lord fin»Uop
went the I'ith ot* April to Bromley, and he at-
tended him there till the 21»t, «tid on the SIsI
be fVAii !»eut to toM'u upon sim\e siatteri reUl*
ing to the Westminster electlnn i and anotlter
■errant about him gives tn account, that two
or three dayii aller my LonI Bishop camt
doun, he was taken to ill tn his haod«J and feet,
as not to be uhle to help himself. These ar«
two or three days beyond the time that Kelly
was out of his lodgings %%hich was the 12iu
and IStb, (and thtiie two or three days must lie
the 14th and 15th) it may lie my Lord Bishop
was BO disabled indeed as he say a ^ he says he
if altnoat certain that no stranger was with the
Bishop ; bat he aaya the apothecary or th«
minister might be with him in his illnesSf
though he did not see them tiimsetf. )f it ii
poiisilile for the apothecary or tlie mitiiiter to
be with him, and he not nee them, why ii it
Dot as possible that Mr, Ktlty might be there,
and he not see him there?
Tlie next witness that is called only speaks
to the 18th and 19th ; when Grant cimie in the
election, another servant was sent tor, and he
weut» and be says iBy Lord Bishop was very
ill. Hamuel Hteele give.s an a^iconnr of tny
Lord Bish«»p'8 dincss, and his attendin^^ him*
My lords, they have brought all the ser-
vants of the house, the very stable-boy, to
prove that my Lord Bishop could not see any
body without their knowledge ; even the Durs€
that attended his lady when Jihe was dyint^.
The aervaitts that were waiting upon his lacTy
iwear, that it was impossible any budy should
come to my Lord Bishop, and they not know
it; and they are as {lositive. in relation to any
body's coming to my Lord Bishop, as the ser-
vants that immediately atteoJed him.
- - - , _._ , _- , , ,_ But, my lords, there is a matter, which wt
my Wd% it ia possible, from these circum- shaU ofiWr in evidence, that entirely destroy!
that these letters might be tvril w hen the thi^ evidence of my Lord Bishop's be ing so itt*
wan rn lc»wn, and Kelly was in town. j that he could not move band or foot, and of
Bat suppose it »>t)Ouhl fiot be to $ the qnes- | his not being in a capacity of dktaltng letters t
liia is, wbefhcr ihey could not be writ at Brom* t That he did actunlly vend a letter the SIst of
Sfl On tlie Hth of April Air Kelly was at April to a persoti in town ; and this very Grants
ri, Bamea't, he ilid not he at humettioi tii^'bt, ' that hatii giten this account to yovir lordshf]>9,
iHlbt 13th be did not he at home; on tlie Mth bruught up the letter to town on the Slst of
of April* We have this to give your lurdshii»s
i» evidence: then what i» the evidence of ail
le thAl the letters were writ on another
\f than when they bear date : therefore if they
p9fe, thai it wus impossible that these letters
•iMMild be writ or dictated by the biiihop of Ro*
ahaalgr no the day tliey bear date, yet they
aijfflit be writ on another day, and it ii very
S s it! observe, that these let-
; and, 1 believe, where a
rtr lo another, he doth not
tiir icUfi into cyjiher^ as it is dictated,
Brtt wntes it out in words at leni;^ih, and
arda puts it into cyphers, and when it is
to send it, then is the time to dale it ;
be 1«H with the person that puts it into
fend, as probably it was in this case,
him to d«le it when he pleatieih : so
thry should have shewn, that upon the
*f April the Bishop was incapable of dic-
tttin^ or writing, it m no conclusive answer
Id the dimrge against iht Bishop as to these
* Utrs.
Your lordships will please to observe, ihni
i ibe J lib of April the bishop of Rochesicr
( to town, on the 12th he went into the
notwithstanding what they have ut-
Hiapied to prove as to tlic time« that Kelly Mas
MttT^ty ,...1 it,e Bishop was in the country,
yet I lib and I'ah they were both in
iy came to town from France,
f ike 1 I lie Bishop came to town the 1 tth
(►fawn / , . ) J. .
When the servants came to be examined,
what time rif the day the Bishop came to toM u
■ aalbe lUh, they could not give any account
i if that : wtien tney were asked, what time of
I i»j it waM when he went out of town on the
» Iftb, they could give no account of that.
There hatli been no account given to your
bnt«|ji|>s who tvaswith the bishop of Rochester '
Ihc llth and I'^tti when he was in town, or
t my l^fd Bishop was at that time; so
;»ltoaiiie, and went to his old lodgings at Mrs,
oiiro«*s. These two nights it doth not ap-
r wlMre be was i he might have been al
ny^ it is but an bourns ride. As to the
, «ay they, they should have remem-
aetting up hiH horse: he might set
r at an iito, atnl go jirivately lo my
IBSibop.
Blstitbstaodintr my I^nt Bi«hop wa^ ill,
lllirfttxrh I.** kIhmiIiI lirm* nmir^ij to your Wd*
• was so, he did
J ti . ^^*y, yet we sub-
"Mit it to your iordtiiipv riiat it is no answer ;
hi be was bot tery b»ti nil he hud been in the
try twi* or ihiee days, and these letters
■Ifbtlie dictated or writliHi in those two or
tint fkys befun be wu tit iM.
VUL. XVJ
those servants, who swear that it is imposaibU
these letters should he writ on the 20ib of
April i and that nobody was admitted to convo
to him in order lo write these letters?
My lords, aa to the evidence ttiat hath been
Ifiven, in relation to Kelly's hand- writing, they
bare called witnes'ies to'ihxpiuve the evidenco
on our side, who looking iipiin the letter of tbo
2(Hh of August, swear ihey ih not lirtievo it It
be Kelly's hand* writing. Our witncMCs do be*
licve it ; Iheir witiKiH«ea do not believe it lobe
bis hand' writing, and say that it is not hke it.
There are seicral fellers shewn tlieiii|
lliuugh in a lesss Immtj that are agreed to km
Kef Iy ^i bai»d-Wf itjDg i aud y our kniakipi «iay
i
I
I
ear)
9 GEORGE I. Proceedings against Bishop Atterbun/t [888
jud^, by looking on them, whether they are
nut of the Bame haod with the letter of the 20th
of August; thoQgh the character 18 •omething
less, we humbly apprehend they will appear so
to be. Besides, there are those circumstances
relating to the hand writing of Mr. Kelly, tha
•put it i^ond all dispute that it is his hand, and
Uiat is the answers he hath received to those
letters which we charge to be written by him.
We have traced him from place to place,
where the letters that came in answer to his
'letters, were directed ; to Mr. Andrews at the
Dog and Duck, there Kelly employed a person
to take them up, and they were delivered to
htm ; and at Burton's coffee-house Kelly took
up the letters that were directed thither, in an-
•wer to those letters that were of his hand-
wrtiing. So there is not only the evidence of
witnessM' that knew his hand, and believe it
to be his hand, but here are the answers to
them actually taken up by Kelly himself:
audi that, we humbly apprenend, is so strong
•n evidence, joined with the other, that, when
one or two wi loesses .come and say they do
not believe it to be his hand- writing, their tes-
timony shall not overthrow It.
My lords, there is another piece of evidence
given by them, relating to the letters of the
30th of April, which were enclosed in a packet
sent to Boulogne ; the packet is directed to
Mr. Alexander Gordon, hanker, at Boulogne:
they have produced a certificate from Boulogne
upon oath, wherein it is said, that he is no
banker, and denies that be receiYed any packet
from Kelly, or that he knew him : This is a
certificate, and proved by a person who believes
it to be so. Your lordships will please to ob-
serve what this paper is, and that it is brought
here by a person that knows nothing of its be-
ing sworn, but says, he is used to transactions
of this kind, and he believes it to be a certifi-
cate from Boulogne.
My lords, we shall produce a gentleman,
who was at Boulogne at the time that the
printed Report ai\d Appendix of the House of
Commons came there, and he was at Mr.
Gonloti'si house when they were discoursing
alKiut this matter ; and what they then said,
we humbly submit will be beliered ; for what
they then said was spoken as of an indifllerent
thing, and they did not then see it could be of
any consequence to disguise the truth. Mr.
William Gordon the father said, that he was
. at Paris when this packet is supposed to have
come: But Mr. Alexander Gordon the son
owned that he was at home, and that this packet
•came to him ; but, i^aid he, what was in it I
know not, hut 1 delivered it as is mentioned in
the Appendix.
My lords, there is another piece of evidence
tlie}' have given with relation to James Talbot,
to whom the packet was delivered at Boulogne.
Here is a witness producetl to pruve that he
was in town the Si9th of April, 1728, and he
^could not ha mistakeu, because he bad paid
-him money, and he liad entered it in his book.
(The evidence goes DO fiurlher than to prove, thai
one James Talbot, that was a tallUaok MM, WIS
then in town ; but it doth not appear that this
was the person mentioned to hava takea this
gaoket at Boulogne, and carried it to Paris:
o that their proof, as to this mattar, ii iasoffi-
cient.
But we shall shew your lordrfuaa, fiani
an account we have here from Mr. Ciawfbrdy
his majesty's resident at Paris, that this Jans
Talbot came to Paris that very day, aa ha ii
mentioned to have brought thooe iaHen Is
Paris, and was actually there at that tima : mi
that we humbly apprehend will be a ftdl «-
swer to them, ana take away any gramid
supposition, that the evidence they uva giM
eooceraing James Talbot, can be appMMli
that James Talbot who received the padM
Boulogne.
As to the evidence relating to Mr. KsM
being in town the SOth of April, we liiMll|f
apprehend, from what bath been aaid, it b«t
material whether he was there or not ; to
they have not proTcd it ; for Mrs. Kilbaarn
aacf her maid, the two witnesses prodnesihy
them for this purpose, say, that he CMieto
Mrs. Kilboume's house the latter ead of April,
they believe the 30th, but they
sitiveas to the day. If he had I
Kilboume's the 20th of April, it is no i
at all to our evidence, and the strong
I stances there are to induce a belief, that lit
the letters might be dated at anotfatr liai
than really they were written.
My lords, another evidence is Mr. Fopi^ •
gentleman of learning, with whom ray M
bishop of Rochester used to convene ; and ht
S'ves you an account that he knew nothimf rf
is conspiracy ; that the Bishop never ommI
his moutnto him about it, nor acquaioled Ua
with it; that he was frequently with ISm,
and their discourse was only about matttntf
hterature.
Mo doubt my Lord Bishop hath tawnad
with persons on different subjects, to wfaon ht
would communicate nothing of an aAdr if
this nature.
My lords, upon the whole matter we ai^
submit it to your lordshi[is, whether we hut
not made out the charge against By Itri
bishop of Rochester to your lordships^ sail-
faction ; if not by legal eridence yet by tri-
dence that will satisfy and convince any | — ^
that will consider it.
My lords, a great deal of regard is desii
the character and function of the reva
prelate at the bar: but if my lord bishop af 'St* ^
Chester hath departed from his characwriti ]
function, and hath gone and engaged is *
traitorous conspiracy, and been guilty of trit*
^son towards his king, and pepury UiwatdsNi
God, we humbly apprehend, if tliis be profit
that his character and function are so lar fti*
i being a miiiffation, that they are a great il^
' gravation of bis crime.
We shall submit it to your lordthips, l» jf
what your lordshipa thuiik if - -^
justice and eipiity.
\
^^Jhr a Treasonable Canxptraet/.
m akm cotmsel for the Bill examloed fsr-
vr wfiicb the Bisliop^i GOotis«l wer# liearii
nter to tlvat *?vi4tenc^, mnd utHo eivannined
Mr€^ And the Bishop hiincdrwAS haird
tbe new rualter lhi» day otleref).
ttt Mf* Wearg was beard iu reply as fa)-
r lorda ;-^Ii most h« admitted, that the
tnt) pfehii« at the hnr^ has made hi9 de-
wiib the utmost toree and beauty of e\t>-
' cafiabte of answeniig^ it in the like
P.r^v ^ ' own 1 am noi^ yet 1 should
I liberty to do it, uuder the
res,
1 1 my be excuaable, in a pc^r-
^iice, to mitke fise of ihat
Fnl instrumait of error and deeeilr which
lipcK(i*B upoD the reasoDi and mtsgtiidea
Bietit in prf>|iortioti ns it aflects the
^ yet I caonot think the tame me-
itnahle in a ^raoo employed lo carry
9 pro«eciition.
nil th4»rcfftre examine the force of what
Mm olfered oti behalf of the rererend
te, ttripped of the ornftnMfits and colours
liftoric.
balf, ia the first place, eotisider that cti-
m of banlihipe, which his lordship has
laincd of,
Thi» ^rst complaint was that of seyerilies
l^igniltcK oflTered him JurtDg bis confine-
: but the Rtibj«ct of this complairji not
^ from any of the proceedings before yt*ar
htf^ I can gite it no other answer, \haii
Jfiog^, thai I am very credibly informed it
•ai|illlil without foundation.
IndiR^ ^!i1r«cfs of lelters was the next
yp • t d of by hi* lordship, and re-
oitfti t.»y were rend as evidence
ist iiMU ; Allien it was declared by the
m4 fnr (he Bill, that tliey were only read
iIm ginieral part of the* Bill, and did not
his lordMhip.
The third hardship was« excusini^ the
^bi!f«r« from aoiwennsr such questions
Mi*ti l»v liU lord ship, as tended to a diaco-
ii, in other words, re-
^ ' f h most prejudice ano-
|Me(»«i, and coidd be of no service to his
Bt i'nr the Iruih of vibnt they testifted^
iM u|M»n I he skill and integrity of the
fhett^r*^ snd noi upon the method of com-
I lliat ikdl, winch they Cfiuld not ilit<rfft9c
puhlLc a manner^ without doint; a mani-
ffVpiNlior I -fves, which no witncaa
Hpi I
nemi unnisiiTp ieof the like nature,
le clerks of the poct-
the method and author iiy
nHoe
tfwIliiplSie
klM4, m to
tliey opened tatlera, by which theV
|t iMve bmi subjected to the »«^tere |»etu>f-
if lUe tfaiMte 9 Annie, if thef hail
•y
tlieniMbmfs iJTPscnbed hy that
Ns kirdship't mnooence could
not possibly hare br-eu manifested by it ; for
are the letters less criminal, if the pernon who
sioppeil them did not punctimlly niirsiie the
dircrtiottt. nf ill ii ciMiiitP'^ Ti \t itiilil Uf» thonif lit
a r, if, in-
g^ i 1 J ^ trial, ho
sliouW object thut he was taken witliout a
proper warrant; whrelii if true, don't make
him thele«s criminal,
5. The 6nh hardship was refasing to let
Mr, Lewis declare any thtng* that came t*> hlb
knowledtfe by his being" employed in the secre-
taries office some years ago. This hardship
could be added only to fill up the catalogue m I
complaints, since, nolwiihsiaoding: your lord-
ships'order, Mr, Lewis did declare what he
was called for, though he afterwards owned,
that he came to the knowledge of it by being
employed in that office.
6, The sixth hardship was id reading aa
examination not dated, signed, or sworn . But
I apprehend the counael for the Bill have
more reaaon to complaio of hardships of this
sort, in reading papers on behalf of his lord^
ship as examinations signed and sworn, with-
out erer proving that they were signed or
Bworn to, or that any such persons were ever
examined ; whereas the ejtamination hinted at
tn the Bishop- s complaint, was read as an exa-
mitiation, or rather conlession of a person since
dead, not signed nor sworn to, and fairly left
to your lordships, to have such weight as the
nature of the evidence deserved,
7. The next hardship, viz. that of reading
letters wrote by another person, without proof
that they were'wrote with the prelate's nnvity,
is heggiDg the question upon the whole pro-
ceeding* For whether there was proof of their
being wrote with bis pritiiy or Dot, is the sub*
jeot of the present enquiry.
8, 9, The two last hardships complained of,
seeiD to be calculated for persuus without d(»ors,
who are strangers to what paiised at your
lordships' bar, that he was denied a copy of
the lelters io cypher, until the trial was »o fsr
aitvanced that ho could not make the pro()cr
use of those copieit. Will nny one who rcade
this complaint in his lordship's «^eecli ima*
gine, that afler he had a cooy of those letten,
he had twice as mtich liu^4Jf>r his decyphereri
to perni>e them as he i/imw^lf desired r
Or will a tier^ou who shall read the next
complaint in his lordshii*** speech, that he wad
refnsed to read any of the paj»ers contained in
ilic trunk that had aot l>een read by the cmm-
sel f»r the Bill, evt^ he persuaded that hie.J
lordship read the three first examination* off
Neynoe, that had ntii been read Uy ihe connsetg J
the papers ukeu in Neynoe's niicket, theccr-l
tiAcate of the surfifecm roturfwl hy Mr. Craw-J
ford, neither at w hich had breti read by th
eounael for the Bill ; that hts Kirttslnp was i
pre««t V tfiW, he was at lib* r tv to read any pap^
m th«^' trunk he should think oe*:ewary to bkr"
defence ; and was only refusal readiog im^
paper, bec4iuee be owned it was frirnooih_^
purpose but to rmite an objectioD to a tuatter
Ml]
f> CEOKGE 1, Proceedings againtt Bishop AHerbury^ [QSI
wtiicb hi4 not beeu insisted oo by the cannsd
foi lh« Bill, thai he in iglil answer ibe objectioti
which he III msc If should raise.
These thinjjs will neera increilible to one
who sliuU read this caulo^ue of cornjilaiDts in
bis lor<J«liip*s speech ; and yet ibese are some
y^f those complaiijii, which, with the assi<t-
S nee of a urarin and inasierly i^tyle, drew lean
•oro some of your lordships* eyes ;
But when stripjied of that false beauty, and
[a mined by I he sure and nnerrio^ rules of
Ijr^ason, ajipear to he without ftiundatinn ; and
||o have beco made without that strict retjard V*
wutbf which^ 1 presume b}' gume part uf his
I lordship^s speech, he would bo thought always
J.|o have.
From thpse complaint!) bis lordship proceeds
F|o KUpiHiri stKiie of ibe objections taken by his
|^oun>)el to the Bill,
Atid one of the first ohjeclinn* is of the
lffan>r nitiure wiib some id I lie hai^Uhitis that
LlfcH*e been cotnpbmed of; thai in, it mi^ht bean
[phjeciion, did it not want the iouiidatiou of Iriilh.
llie ohji^ciion 1 mean is» that it is a Bill
pott Jncto : your lordships have heard a
deal said upon the hardships of Bills
Ve ha^t^ iieen called upon to shew aprainsl
I hat law be has otFinded ; it hi\% been said, if
[lie has n*tt offt-nded nj^rainst any law, will you
nake a law in hjs rahc, which will not be a
p Jaw in the case of any other man ? This is a
[ iturprizin^f oljection.
Tlid norron 1 ufwnys had of a law ex post
acto w*iKt whereu (act was made criminal bv
law, wliicU was not so ai the time that fact
firas committed.
Hut is that the present case ? Was it no
^|>lleuce, before t1u:4 HiU was broutjht in, to cor-
I respond with I lie Pretender and his a^nts, in
prder to subvert our conslitntion f
Arc we to be called upon to ahenr ag^ainst
fir bat law (his is an ufTtnce ?
Or to have a complaint made, that in punish >
ig a man for such an offence, you are making"
^m law iu his case, that will not be a law in the
lae of any other penjon?
1 hope it will be a law in the case ofeTery
^pon that eqoairy deserves it.
Bui his lordsliip is sensible of this ansner,
j snd ihereforc gives it a very artfol turn, by
I mipUing it, not to the fact, but to the evidence.
I IS lordship seems to argue, that accumulative
L.iEvidence is as unreasonable as accumulative
j treason ; and objecU that proofs which com^
Imuoicate li|;ht and 5treo|fth to each other,
khave only the formality, without the force of
LCfidence.
This obfecttoo is destructive of all proof that
[ js not mathematical ; for all other proof must
[ aevessarily be what he calls flccumnlalive.
That is, It consists of a varitty of facts and
[^rcumstances laid together, sufficient to in-
juce a belief which any of them singly would
bot do. This is the very principle U|»on which
lh«» tri«l of every matter of fact, not capable
«f « dem9itttr%ti(Hi, does uid nuut proceed.
Your lordshii*s, in the next plaer, 1iif«bcnd
a strmg^ of oKjef'tion^ that have been rtpcatsd
against each of the Bills,
That a subject of Eni^land ought to be tried
according^ to the laws ot England and Magwi
Charta :
To be oonvictetl by legal evidence :
And that distinction ^tweeo leg^ and pii^
liamentary evidence is absurd* "
All these posiliona I agree to;
But at tlie same time I roust affirm, i
is a trial agreeable to the laws of Eut^land i
^lagna Charia 5 and that a proceeding < "
nature is as necessary » part of oar
tion, as the esUblishment of the
courts in Westminstei -hnlt.
The ditterence between parliamentary
lethal evidence, taken in the generiii
the word, lejjal, is improper.
Ami 1 HtBrm the evidence, which I
offercil in support of this Bill, ia legal
dence.
What is legal evidencei depends upon
nature of the enquiry, and tlie judicatnre I
fore which the enqiury is made.
Depositions in wiiiing are not legal \
in a court of law, but they are legal
in a court id equity.
Upon an indictment for felony, or f
misdemeanor, one single positive wiiif
circumstances only without any posittye mA
ness to the fact, is' legal evidence.
But upon an indictment lor treason, tbek*
requiring two witnestses in the c-ourta hekiw^
one witness, or circunistances, ta not
evidence.
In parliamentary enqntrie^, which are i
cepleil out of that act and not restrained 1
any other, every thing is legal evidence m\ud
iDay prO|ierly tetid to a discovery of the tnUl
I cannot think myself at Uberty at thist ^
of day, to mention what fell from the olb
side, against the power of the parliameot i
general, and the rather, because thene^i'
jectioo which they relied upon was inlj
with an admission of that power.
But they say it ought never to be <
but in cases of necessity ; and in stance pafiff*
cularly in the Bill agamst the South-Sei^'
rectors, as a case M' that nature, la t*"
any comparison between the oflTeuoa of I
men, and of one who has endeavoured lo sol*
vert our whole constitution, to destroy our 1
tigion, our liberty, and every thing that is ^
luable ?
When we reflect that these endeavours baK
been constantly carrying on ever since ^^
happy Gfitablisbmait of the Protestant Sai*'
cession ;
That the many discoveries of their plota, ^
maoy ejEamples of public justice, have badii
other effect, than to make them more 1
and cunning how to avoid the cotnraoa
of the law :
These reflections shew the necesaity of lodl
a proceeding, to convince the world, aoeofditf
to your lordahipa^ Report, that as artiflce vA
end <tiher$,for a Treatonable Comptrac^. A. D. 1723.
[631
i)ii|lfuiie don^c lessen Ibe ifanger tn |]ie ptibtic,
n^rmitii^te tlie i^iiili ^f the r^HTi^ntter, ^o ne'u
tber ought ibt^y lo |irotect UUn from punisb-
wot
The nt%i objection wa^i addre&seil chiefly to
"E part of your birdsliips, who' were- told that
ciril poorer upon earth could deprive a
9p ol* the exercise of tiis holy function, but
t fiiust be done by unntUer judictiture ; aod
(lore it was obnerved by one of the court*
f tbsii wherever tsiiiie is joiued to the com-
Uw cuurts, whether bishnp or n0| the
where such is«ue in ttepptidin^f must
I lo the luetropoUtau to try it, accordin;;
*pw of the Church.
r tm act of piirUanieoi can deprive a
^-sO «a to make the acts done by him
MnvHhd Jb a conlroversy n<it proper
lime ; but it will be admitted on all
■, that an act of parliament may restrain
rbivhop from the exercise of hi^ fuuction
llfaiti any part of this kifig-dnrnt so aslo make
> exercise of it criminal in hiui, or in any
him. And i believe if this Bill
into a law, and iherc &hou1d be a
Oiif wlielher his lordship wfis afterwards
► of Rochester? The courts of law, upon
ducihg* I he' act ol purliament, would hardly
bi^ii necessary to trouble the metropolitan.
*" 'ortl«hip lias beeo pleased lo lay, that
be fif6i instance where a meaiber of
use has been judgeil in another.
I wooder that hh lordiihipf who is so fj^resti
9, oiiAter of our English couKljiuiion, should
hiftj forirot the case of one of hia predecessors
in the see of Rochtbter,* rri Ibe rei^ of
Henry 8, against whom a Bill was broy£rht in
•^ II ouM* of Commons, iriHictiofif severe pains
iONt peuaUies, which passed iu that Huuse,
Inl aflerwards received the approbation of
"IIhi, aocl the roval assent.
Tbey have closed their objections to the Bill,
itith a tciry pathetic admonition against the
^OBtefiUPnces of it.
Tl»cy SRy the wisest man cannot foresee, nor
ftlie most innocent man declare himaelf safe
Horn, the consequences of thtfiBilL
That a v*i>e man should not be able to fore-
see what wilt happen hereafter is not very
But he must be a very wise roan indeed, in
^y poor opiniou^ who can tbresee any dan^^er
t^ iaooceuce from the proceedings upon this
Bill. Vour lordships have attendt^ with the
Utraott patience, for seven days together, to the
tt^eh lor and ai^ainslthis Bill ; and hafe given
tht persnn acriised all the opportunities, af-
fiviled him all the assistance possible to make
^1 his innocence.
And %vhoever shall ose this precedent as a
Itandle for oppression and injustice, would crr'^
Itinly be guilty td the same oppression and in-
Jn*tic€ without this precedent.
The pert part of their defence consisted in
UbacrvatioiLs upon the evidence for the Bill.
They raise {p-eat triumph from Neynoe's exa-
mination, which they \*oolrl repr»fsenl as ihe
foundation of the whole charffe, or offered aa
such by the counsel fur the Bill.
But* if it waM, they have been so far from
wea ken ioi;, that they* have added stretigth to
that foundation.
As to the iuconsii^tencies in tt< they ar« nal
Neyuoe-** hiit Kelly's, As to the tale they
have t*ild, Uiat at the very time when he was
deluding a great man with confess ions, either
to get money out of him, or lo Hod an ofi-
portunity of makiug his escape, be «hnuld de-
clare to 'Skeene and to Steward that what be
had contes6e«l was false i 1 say, as this is im-
probable in itself, so il appears by our evidence
to be a mere faction of their own, witliout any
possibility of being true.
It appears to be an attempt, by a parcel of
desperate people eogagtHl iu the same interest,
to weaken Nf^ynoe's evideuee, whom tbey look-
ed upon as a betrayer of their cause and party.
From ti»e evidence of Neynoe they proceed
to the other evidence.
And here they teil your loirdships that we
havesnpportffd the Bill by innuendoes, arbitrary
and invidious interpretations ; that when a wo*
man is named, it means a man ; that two dif-
ferent names t^igmfv the same person ^ thai
books of arconnt, and mercantile terms, by a
new kind of metaphor, are taken in an ill sense ?
and all thti« assisted with the whimsies and con-
jectures of decy pherers.
These are pretty souDding expressions ; but^
when considered, ai-e nothing but sound.
Is it an arbitrary interpretation, whr-n a letter
says, " I saw Mrs. lllmgton, he is in great tri-
hulaiion for poor tlarelequin, but bis oblign-
tions are the same, which he desires may be
made knewn ;'^ tu apply this to a man ? W hen
two letters are wrote by the same person, hnij^
signed by diflerent natoes^ to apply those twa
names to thai person ?
When letters give a caution not to write any!
more, till new books of account can be settled
and sent over by safe hands ;
Because those who have got part may by
the same means have got the whole:
To express a doubt whether tbey have been'
i>etrayed by false friends, »r an opco enemy ;
To talk of having wiue, but wanting barrels:
of the absence of & king and court, as af-
fording a proper opportunity of sending oveH
and selling ihetr wine:
A man must have laid aside his reaaon, thai
can think this the language of persons realtyaj
deaUng in a mercantile way : It is the plain anifc j
common cant of a treasonable correspondeiice«e
They next object to the un reason iibleoess of
applying the circumstances which relate
Jones and lllington to the bit»hop of Rochester* ]
Was nobody else besides the Bishop out of]
town p Was he the only man that had tha
gout, or who lost his Indy al that time i^
Were these questions to be asked stngly||<_
tbey mi^bt be answered, that there were oilier" -
perMOA in the like circumstances.
6S5] 9 GEORGE I. Froeeedingi against Buhcp Atteriwyf
But then the aniwen woukl be nothnig to
Jtke purpose.
The ool J tfueetioii applicable to the prawnt
ease would be, la tb«re do other permm who
was in town on the 7th of May, out of town on
jtbe lOth and 14th, in town on the 15th ; whose
wife died the wee|^ before the 30th ci April,
he himself then ill of the sont ; to whom a
dog was sent from France ot the name of Har-
lequin, that broke its leg, and was broaght to
Hra. Barneti bj Mr. Kelly, io order to be
cured?
These are the dreomataiiees of Jonaa and
lUington, and they are every one proved true
of the bishop of 'Rochester ; and I believe
your lordsbips can hardly think they are so of
anyother person.
They said they should fiilsify several of these
Acts ; but tbey have only said it.
In the papers they have produced from the
surgeon concerning the d<^, he contradicts
himself.
In the first he says, he ^ve Mr. Kelly
a dog for his own use, to dispose of aa be
In the seeond ha says, he gave it fbr Mrs.
Barnes.
^ But Mra. Barnes tells you, that the dog de-
signed fbr the Bishop was in hercostody, when
the other gi^eo by the snrgaon was expected
over.
Their attempt to disprove the circmBstanecs
of being in town, haa met with as little snoeess.
In a letter of the 7tb of May, it is said Mr.
Ulington is come to town for a day only.
We shewed that the Biahop was in^town upon
t^t day; they answer us by saying, he staid
in town two days after.
Does this disprove his being in town noon
the seventh ? or does it weaken the proof of
his betoi( then in town, because he altered his
mind, and ktaid two (bys k>oger than perhaps
he at first intended?
This is the only attempt they made to dis-
5 rove any of the circumstances relating to Mr.
ones and lllington. Aato the other instances
which they pretend to disprove, they relate to
Weston and Rig, and were not mentioned bj
the cuuniiel for the Bill.
They next olg|ect to the method of proving
the aiuiilitude of bands, and obaerve, tiiat the
original letttir proved to be M*-. Kelly's, and the
thrln* letters applied to the bishop of Rochester,
are date<l at luur months distance ; and how is
it piMiWe, that the clerks uf the post otfice
sliould be able to swear u|K>n their memories
that tliey are of the same hand- writing ?
This is nat a fair representation of the evi-
dence : Fur the clerks tol«l vour hirdshipii that
there was nut any one |N»st during all that time,
which did not bring some letter in the same
hand, all which they copied, and had bv that
means contracted a perfect idea of the band ;
ao that they did not swear from memory, but
from a knowledge gaine«l by experience, and
many consunt repemd obssrvations upon the
There have been some other obfodioiv
that are scarce worth taking notice of.
It is said Mrs. lllington is in great trill
fur poor Harlequin, which Kctly could
say of the bishop of Rochester.
Surely there is nothing in this ;
It is an expression that mi^ht be osi
man of the gravest character m a letter
sort, to the author of such a present.
Mra. lllington is mentioned elevei
after the Biahop's lady was dead. Thii
instance where it is said Mrs. illingto
great tribulation for poor Harieqnin,
obligation is the samei, which he desin
be made known.
That Jones is mentioned in others
for other persons, aain one for the d
Norfolk, in Plonkelt's for a different pei
But doea it therefore folk>w that m
he cannot mean the bishop of Rocbesta
It certainly doea not.
And they seem to be oonvinceil that
shop ia too well described in this cor
dence, under the names of Jones and lU
to doubt whether he is meant by them.
And therefore they endeavomr to give
tlier torn, by saying this may be a m
cootrivaMe of some persons, who have
ed themselves of his lordship's motk
the drcnmstenoes of himself and fomi
to make this the more probable, tbey s
Jones and lllington are the only persoi
tioned in this correspondence of Mr. i
with circumstances of this nstnre.
One would not imagine the pen»
made this objection, had so often he
letters read.
£. 41. It is said. Here is laid up v
old distemper, Hobbert is pretty well re<
£. 45. Mr. Here is laid op, and so i
son, with the gout.
£. 49. Rep. is said to be in the coui
£. 59. Ho. and Den. are said to I
into the country.
£. 69. Nie. W. is now in town, be u
to health.
£. 64. Trotter is said to be out of ti
next morning.
£. 69. Den. is said to come to tow
and Ho. to be in the country.
£. 79. C. Saunders is well, and with
in the country.
Tliese are all instances where tbes
cnmstances are mentioned of other
that are mentioneil of Jonee and lllingti
If Jonra and lllington are oftenei
tionefl, it is because he was the principi
in this correspondence.
But this malicious contrivance must
ried on by Mr. Kelly : for
- It has been pro\ed that the lette
wrote in his hand, that the answers w
dressed according to his directiona ;
That lie received the leitera so diree*
I believe your lordships have no a
that Mr. Kelly bore an ill-will towi
Bishop:
^trtffor a TreaxonabU Cotupiratj/. A. D. 1?2S.
tcftj
lllicrp has been no proof of ttf nor
!iotii ooDtrivance a^nmii liim.
I» mif tofilli this IS the coDtmoa trite ex<
if tviry Mltj odetK^er.
iff lommiM cia leMDe read n trial, ivhere
ifeD^Mlaofi^ coinpbuo that it is ail a ma*
l«mtrif«iioe of bia enemies.
Mfti this very thiti^ waroily inataled upon
terms sgo, at another bar, and nith a^
proof, by a person concerned in a part of
map' iio has since been aliainled
|gp Itttve gone still further, we have
^Bit Kelly was an acquaintance of the
^V Rochester's.
^Pb indeed acknowledged « mthoiit any
PJMT accoQpt given for what par^toae his
up should contract fin acquaintance with
m^ i«Uow that has deserted his ordets,
I % iMi>f«<ssed non 'Juror.
■r tordshipii, I presume, from ihe belia-
of Mr. KtfUy, can bardty b^ persuaded
\kt had no ottier employment under the
\^ Chao to fumtfth hi m with bearer slock-
'vhtolillie Bishop i^wau to have received
liim OS a preseut.
I SIC have proved by the stmugest evi-
I llMlflAa be, by a letter under bis hrd-
|fi«l« tod I may venture to say (from tbe
in0kom that have been made from tbe lei -
tacif) wuler his hand, that Johnson, i. e.
U h the peraon in whose hand tlie Bishop
■ liii «Mfi«ra. No account is gtvett of
Itaer, by frbom it was wrote* Dor to
n, Mr how It came among his lonlship's
m*
I dwl k said in ansu er to it ts, that it is
lii teab may he counterfeited, or there
ittvvfnl inrpres^ioDs of tbe same seals :
any proof of it f
that tlie impression on the first
^JWia broke when seized; Ih&t it wai
^tel^oi ' luitteeof the House of
IDBMbel ond letter wan tak^-n;
bmlifa II irupo^stble to imagine an iui-
too should b^: token off the hrst to put
iIki aooQitid,
itiilwiAlp li ptea«ed «o ank^ is it a^ree-
' _ with which be is charged, to
a letter hv him on jiurpose, as it
Mill h is aifvenafies with evidence T
k HJ lOf^t oeilfier ikr I hnigiJie bb lord*
kMW }m liad it hy bim*
WIS foaod rnqmiigii Im pipers, atid, no
i #f It, w«alfllili«eueid«i>tilly ; an4t it
* ' Bla Uwi tbe most cttii-
I Ibete is no dange? of
O90lHg1llS«
_ ia^ptoaad to merrt, that at
IfviiM or Commons repretenied this
teticr wrote to him; bottiowitis
10 be wrole bv him : it is so, and
H<titly» tiMl lui lordsbip may thank him-
y fk^eMnrntmy i and die not diacoeerittg
NMria««rely noelgeolioii to the truth of
been toiittuitod,
that if Mr. Johnson is tlnf per^n in whone
tiand tbe Bishop return.<« hi« miMviprm, yet how
does it aptx-ar that these pnrtii^ut^ir letters
which lire applied to the Biarhop, vvere wrote by
his directions t
J fit appears that Joh«u»on Is the person m
wlioae baud he writes, and flmt tbese (etters
are of tbe hand-wriliut^ of Jnhnson, sitrnfd by
that name, which denoti^^ the Bisbop' in the |
Gorrcspondcace« this will be thou|(ht a rea-
sonable proof that they were wrote witli hie^
pririly.
But they said they should prore it impossi-
ble thai ibese tUieti letiers should be wrute with
ll*e privity of the Bishop ; fur I hey licur date
tbe 20th of Aprils whereas the HiKhop rame to
town the 11th, wm»t to Broml^'y the l^h, aod
within two or three dnys after wus la^f ti so ill
With the gout, that he had neither the use of |
his bands nor feet, am) had a servant a I way i
attending him, who will prove that no stianger
came near him all that urn v.
If Ibis had been made out, it would not be a
proof that the letters were not dictated by him ;
for both Kelly antl the Buthop were m tuwti
upon the iitU and Iftb, and the Bishop was i
not confined at Bmniley upon ibe I3th nod
I4tb, when Mr. KcUy was out of town, and
probably at Bromlpy. And though the letters
tear date upon the 50»h of April, yet il is not
to he iiiiagineilj that they were h role upon tbat
day ', for it requires a ^-ood deal of time lo re-
duce three letters into cyphers : and Ibe me*
tbod generally u^Wftl, where letters are to be j
sent in cy}»her6, is to write tbem in eommoii'i
hand first, and tlten reduce them to cyphers I
at^er: vo that it is probable the fubfttauceofi
these letters was dictated many days before [
tliey were perfected and seui.
But the evidence given by the Bisbop^s ter*
vSols is not to be regarded*
The first servant, when he had tworo wb«l j
he thought was material for the Bishop, being' 1
presseil by a noble lord with a question relattng^J
t© tbe letter directed to Dubois, refused to r*"
any answer, tilt the Bishop pubKdy gave]
leave ; though he was sworn to speak '
^vbole truth ; which shews too great an attach-
ment to his master's ioteresl to deserve much
credit.
He and tbe sfrtjnd witnosn di<! admit, tbaC]
the apothecary V e parish •.
might be with 111 lir know- i
ledge ; and if so, why not Mr. Kelly, who
visits required more secrecy than eitber of tbe
ethers?
And I mtist here ibterfe, that what tbe v^^
verend prelate insisled upon, to add eiedit tv
the evidence nf tbcK witnesMss, is tbe greatest
objec^Qo lo tbeir leHiaieiiy imaginable.
neirtrllyenr he^IMm^ that though tbey
were with tbe Btlbep (o tbe Tower, yet he
never ttnoe wpoke lo them concerning the naat
id.
ter ihey had given io evidence, t<i'
seivcsi lecolleelcil it open reeoiii :
and iodtnglbattbe Bfsbop wd^ ,\^
bdnf^ Ibr author of tbtee letfef*» dai«d i^
thetn-
It;
Itii
699J 9 GEORGE I. ProeeitSngi against Bishop AUerhury^
of April, fli«y iromfdiatdy reoolleet that the
&isbop #ai ill at that time, and tbey ooostantly
about bim. This aeema to be attoryocarce
credible.
That the Bishop himself, who was so nearly
concenied, should not, upon readiog the Report,
recollect the circumstaoces lie was under at the
time wlien those letters bore date, if the troth
was as they would 'represent it, but that the
servants should first recollect this, and suggest
. it to their master.
Or if the Bishop did recollect it, it is stranee
he should not mention it to those servants, who
were present with bim in the Tower, and the
only persons, who, as they say, were capable
of clearing bis innocence.
This had been very natural, and proper under
his circumstances: and his not speaking to
them first, could hardly proceed from an un-
reasonable scruple, lest he should be suspected
of laying a biaas upon them ; since his lord-
ship has, aAer he knew they were to be wit*
nesses, given each of them a place under him
as dean of Westminster.
The rest of the servants tbat were called,
though they contradict the first, by admitting
that two other gentlemen were at the Bishop's
at Bromley, during the time in question ; yet
they plainly shew a greater regard for tlieir
master's interest, than for truth : for though
one of them was but the helper in the stable, and
another the nurse that attended his lady in her
illness, yet they take upon them to swear, that
the^ verily believe no strauger could M with
their master in private but tbey should have
known of it, and that they never knew of Mr.
Kelly's being there.
Every body's observation must sugfgest to
them that sucli a belief must be without foun-
.dation.
The next arguments used on behalf of the
reverend prelate at the bar, were raised from
his unambitious, resigned temper of mind, and
from the style of the letters laid to his charge,
tbat it is not probable he should use so indecent
an expression of persons he was concerned
with, as to call them pretending, unsupported
people.
What weight there is in these arguments, I
roust submit to your lordships, who are much
better acquainted with his tem^ier and stile than
1 can pretend to be.
The last thing pressed by the reverend pre^
late, is a solemn protestation, 1 cannot say of
innocence, because it seems to me to be con-
ceived in such terms as not to contradict any
part of the charge insisted upon by the counsel
for the Bill :
It is chiefly calculated to answer some parti-
cular circumstances of times, without any de-
nial df the general charge, or the least declara-
tion of affection or loyalty towards his present
maiesty.
But if bis protestations amounted to a direot
and positive denial of the cliarge, they ou^ht
not to have any weight with your lordships,
^nci thisba ddftaoe equally in tha powtr of
the most guilty as well as the i
little proof is better than many prot
And I cannot help observing upm
and I hope his lordship won't impi
servation to ill-nature, but a sense c
which obliges me to make all prop
tions, that it appears his lordship
ways that atnct re«ird to troth,
ought to have, by £e papers take
servant at the Tower.
The nature of the punishment has
talked of in the course of these p
and ^pneat lamentations made upon i
ly without any reason.
For this argument supposes the |
of the charge, or else it is ridiculoi
to the severity of the punishment.
And I mav venture to afiirm,
miklest punishment that ever was i
such an offence.
His life is not touched ; his liber
perty affected ; he is only expelled
whose government he disapproves, i
deavoured to subvert ; and is depr
public employment which that gove
intrusted him with : the enjoyment
his private estate, and his liberty,
other government that ipay be more
b allowed him.
This is scarce to be called a p
being nothing more than what was
necessary for the public security.
The Commons of Great Britain
their part towards providing this seci
don't doubt but it will meet with tl
rence of your lordships.
Then the Bishop beinf? asked i
had any thing farther to offer, deda
had not.
May 15th. The Bill was read a
And, afler long debate,
The question was put, " Whelhi
shall pass ?" It was resolved iu tl
tive.
" Dissentient.
" 1st Because the objection
thought lav against the Bills of PI
Kelly, *■ "f hat the Commons were
effect let into an equal share of judic
the Lords,' does hold stronger, as
bend, against the present Bill ; sina
of it, a lord of parliament is in pari
adjudged to punishment in the iioui
mons, and reduced to a necessity
letting his accusation pass iiDdel'enii
House, or of appearing there, and, i
it, derogating fn»oi his own honour,
the Lords in general, by answering s
bis defence in the lower House of Pi
** Sdly, Because we are of opinic
Commons would be very iar from
the Lords any part of those powers
leges which are properly theirs by th
tion, in any form or under any pretc
; and it aetms to ua full i
1 1 1 and others f /or a Treasonable Conspiraci/. A. D.
sliould be as teaacious of the riglitf
'^m Mrbidi rrmain la them^ e» ihe
omiat<tuft are on ilieir pi^rt.
*^^aiy, Wc think Ibis Uill tigaiost a lord of
"^ lient, tttking its rise in ihc House of
mtJi, oimltl 1U« rather not to have re-
iijce Ilk this lloufte ; fbr
' > us bv ihi: printed votes
ff^v ^ ^ uiamon^i, ihat IJou!i«; hail
p t>«till^ t»r J»H ihe iiiatiers ul-
. Uiiu tu the Bill bct'ore the Bill
bt into that H<iu-»e^ atuj coQseqiientJy
r Bishop hart any ojiporiuuity of beintr
and atiti<ua^b there bi; uotbiDg absurd
ting aiirh a vote, in order to thtlraocui^lag
' tlpeaobmeitt ; yet it seems to ua abao-
leoutrarj to justice, which ought to be
diced, to vote any one ^niUy, against
design to |)roeeed in their le^sla*
■pmcityf or in nuture of judges, before
narty bos an opportunity to be beard ^ or
pll t%hich h to ascertain the accusation Li
Ch dA hrouglit in.
We are of opinionf that no taw
^to be parsed on purpctse to etiact, that
' f^ui^'y ^^ ^^^'t ^^*^ punished aasuch*
• awch an extraordinary pioeeedii»g i»
J tme^istiry for the preservation of tlie
ivberea^^ the Vrime offered to be proved
1 the biMhopot Hochesler is^a^ we nppre*
d^ \m p:irlakiQ^ in a traitorous conspiracy
' mi the i^overuineut ; which conspiracy^ by
^ blessing, is detected, and, as ive hi>|M?,
oirrt^nl, withuut the aid of atuch a dan-
ni^ a% we conceive tbi;* to be.
LLUke tliere are ceriain known
1 iilis of evidence, " hich are part
tarnl, either introduceit by acts
r framed by reason and the expe-
iidjuHted aii wtdl for the deft-nce
Mu%;*ty, and property of the innoct-nl
i the pMnitihmcnt of ihe {guilty : and
TtiTf ibf-se nil^ are, or ouj^iil to be, coo-
^buji to, inall cuurt«<of jiislice; aud,
'\ alnmld be also observed, till
■lUrrrd by iaiv, in bmh Houses of Pari tarn eat,
}^\itDi^cr thry lry» jni)i;e, and punish the sub-
tbou({h til ; i;iti*e capacity: but
»o imtny ' in ihi^ and the two
I ,ji b) OiU, ne have lieen taught,
L'l Ihe Boose, that these rulett of
lice nt« *i o"l Ke ubderteil by the Honsesf
f 10 their IcgiJiilive cnpatity, we clearly
in be u very iitroiijr ubjectiMn to this
r of proci'tuhn^jT^^ that rules of luw made
,.t .1... ...I .„,.t are of no use to huu
lotion from tience is
... ,„„, .x_. : 4 . Lc it ought not to be
up but wbcrt* clearly nec^'svary, as be-
raSrmtHJ ; and we desire to explain our*
•o far* upon tiie casen cjf ncce^^ily ejc-
ni, rtfi In tiy we do not intend to inclntle a
- purely frocu ao iraposaibility
ii> oihur Wity.
'6liU), it a h(^ atlniittcd that traiiorouti
ns»|iunit«fn'u in cypher* and cant tvordd
ht dtscottrpged (»y thij aort of
proceeding", in which persona as we think are
convicted on a mure uncertain evidence than
the known rules of law admit of; yet we are
of opinion, that ooftventencewill be much more
than outweig'hed^ by the jealousj^ it ttitist of
necessity^ as we conceive, create in the mindf
of many of his majesty's nvtiit faithful subjecta^
that their lives, liberties, and properti^ k, ate not
so safe, after such repeated cxamplfs, as they
were before ; and, by the natural consequence
of this apprehension, an al»atement of ilieirzeal
for the y;overmncnt may ensue, excepting tucli
persons us have had more than ordinary oppor-
lu 111 ties of bein^if well instructed id principlea
of the utmost duty and b»yaUy.
** Tthly^ We cannot he* fur the passing thi»
Bill, because the evidence produced to make
H^tMni the rccilal of it, or that tlie lord bishop of
Il*iehcst«r is guihy of the matter he therein
stands accused uf, is, in our opinion, greatly
defective and insufficient, both in law and reason*
to prove that chari(e ; the evidence consisting
ftll-»Kelher, k» the best of our obiiervauon, in
coiijecturi'S arisinj^ from ctrcumstaoct s in tho
intercepted letters, or oo a comparison oi' hand-
writings, resiinif on memory tmly j and ihertt
lieiog" as we think, no proot of the Bishops hnow-
ittg of, or bein^' privy to, any of the said coi res-
pondence : and as to ihe principal )>art of the
charge aj^^ainst the Bishop, and on which, as we
think, all the rest does depend, viz« the dictating
the letters of the SOlh of April, 178 i, which the
Hnuse of Lords seem to have detet mined that
KeMy wrote; we are of opinion, that the Bishop
luis, iu his defence, very clearly and fully
proved that he did not, nor possibly could, dic-
tate those letters, or the substance of any
part of them, to Kelly, eithrr on the day of
I heir date, or at any time during veveral day«
next before or next after the day of their date,
nor was in any capacity to w rite them himself,
though the letter* mu^thave been wrote within
that compass of time : and we are, on the
whole, of upmion, that the proof and probability
of the lurd bishop of Kochetter's innocence, ia
the matters be stood charged wiih, *vere much
stronger than those of his t^titlt. — Strafford,
8carsitnle, Denbigh, Bruce, Salisbury,
Northampton, Moot joy, Poult tt, Fmn.
Cestriens\ Da rtmonth, Cardigan, T-itcb-
field, Anglesey, Craven, Ayleslurd,
Foley, Hay, Astiburnham, Trevor, Os-
borne, Bathvirnt, Cxbiidge, ^Veslon«
Cjower, CotnptoQ, MuBham, Arutidell,
Exeter, Guildford, HcrkcUy of Stmt*
too, Willooghby Broko, MtddUtoit*
Pomfrel, Cow per, Hertford, Broi»ke,
8tawell, Bingiey, Qjtlbrd and Mortiaur.'^
«* I disacnt for the 6th and 7th reasons of
tbe aforegoing protestattoni aud for the lotlow*
ing reasons :
" Isf, Because this extraordinary method
of pfoceedmg, by Bilfsof this nature, againsi
personn who do not withdraw from junrice, but
are wiUiiii: l*> undergo a l*fi*jd trial, ought, in
my opinion^ to be lup^Kirtcd by dev and ^wk*
jaT
I
I
I
I
y GEORGE
▼incmg eTidkenee ; «id, 1 ttpfrebciiJ, there hns I
lieeo iKilhifigf ofier^ to support the altei^linnfi
set ftnib »n the ^ireamble of the Bill io iutirct
Aftiiifl anil penalties oo Francis lord bi«hf>p of
itoelHstler, but vrhtu dt-pends on deciphered
kltera^ fbreed coQ^iructionSj mud improbable
Innuend'^es,
^' SillV) I concetve that the examination of
FhUip Neynoe, tiiken before the lords of the
coimcil) not sworn lO| nor iigaed, ivhich an*
pears to me iti Imi the futitidation on which the
charge ai^niiist ihe bishop of Rochester is bitiU^
has been, io my apprehtosiont sufficiently
]pftMred by the positive oaths of three persons,
two of Hiiith liave been for several months in
•eparale cuiKodtes, oonttrmed bv other cjrciim*
■tanceS) to have b^n a faNe and malicious coti^
trivftnce of the sjiid Neynoe, to save himself
from the bantk of Jup.tice, and to fvoik the de-
ctructioa of the lushop of Roche*tcr,
** 3dly, I do not iip|>rehcnd thai the letters
of the QCitli of ApH!, >^hick» are mig^eifted to be
wrote by Gcorjjc Kelly alms Johnson, and
dictated hy the Hishop, tmvo been sutfieirntly
Droved to Ce the b:iod writing of the said Keily ;
lut^ on the cootrury, it ap|)i»ar8, to the hi^tt of
my judgment, that the letter of the SOifi of
August (stopped at the post-ofitce^ and from
wMmi liie clerks of thf* post'offioe, on Ihrir
anemoty only, b^vejr Ihey bdieve the said let-
ters of the ^bih of A(Mil Vo hv the same hand-
writinir, though they jtt'ver compare^l uro ori-
rtoal letters together, durinjf all that time) has
Egen prof ed by three credible uiinesses, con*
mniug m every circumstance of their testt-
xnoay, and viefl acquainted with the hand-
writing of the said Kelly, not to be his hand-
writing'; aud I concei¥e, that the ditl^rence
ttiey hare observed in the hand of the said
Kfluy, upon which they groand their opinions,
ia tnteciontly supported, by comparing the said
Itrlter of the 20ih of Au^ubt with the letters
wrote by the said Kelly to the lord Town&hend
and Mr. I>elafaye, during tile tinae of his coo*
fincment,
** 4thly, I do not apf rehei^d that any proof
has hcen'otrered, to support what has been so
much insisted on, and justly esteemed essential
to the char^, that the bishop of Rochester
dictated the letters of the SOth of April. But
it has nppcai-edt I conceive, that there has been
no iotimiicy between the Bishop and the said
Kpf! y ? and the testimony of the Bishop's set*
^ urriog with the evidence jjiven on
t »y the persons that Kelly lived in
the sincieAt corre'jpondency with» leaves, to
Ibe beat ol'my judgment , uo room Io doubt hut
tbalttieacquittntunoe between them was slender
mndjjuhlicr and to suggest from thence, that
the Bishop dictated the letters cd" the SOlh of
April, when it appeared that, for many days
bcftirc, he could nut jtossihly see the said Kelfy,
b, in my opinion, repugn unt to reason, and
^etatrary to justice. Wuahto^."
Ffoccedingi agaimi Bkhop AUerhuryp, [&t4
^Geo. 1, o, tr. *
Ax Act to ntrLicx PAt?«s ako PcitiaTfis
ON Francis Lobd Bisiior or Ro<
CIIBSTEIU
*« Whereas in the years ITat and tril a
detestable and horrid conspiracy was (mmtl
and earrti-tl on hy di\ ers traitors for iovtdin^
your msjesty** kint^doms wItJi fofeijjfii foTe««^
lor ratfiinijf an in^urreetioQ and ret>ellion a|;
your mojesty, for seizinvr *^"* ^ - t-rer
of London, and for lay I ha
your majesty** roost sac..., ,_. :ui,
bia royal highnesa tbe ]iriiice of W«f«Sy
dcr to suhveii oor preaaot happy estafalji '
in ctmrcU and state, by pbdnf a po|iii
tender on your ifafooe : and ivliereas
{letter eonceaVing and efteetiii^ tbe
spiracy, divers treasoftable oorrie«|H
were, within the Ume aforettid, carrieil oa \/f
tetters writtcti iu eyphera, cant worthi,
fictitious names ; wh'»ch eoiwp: 1]
been disuppoiDlL-d by tbe fipooil:
(ti)d, wotitd have deprive 1
dutiisof the eiij<iytnent '
;iod libettieis involvad l4ii-ii« in vk
and <iiilijectied y Ollf peopit 10 the hondm iol
opttression of Romisn aoperatftioii attd arbitfary
pov«er: for uhich execrable Iroason Cbrisls*
pher Layer hatii been indict^, tried, convieliA
ond attainted. Aud whereas Fmucis lord biihif
of Ui>che&ter^ notwithstanding the rnsn
leuin assurances by biro given of his lid
allegiance to your majesty, hy taking tfa
by law appointed to be taken, instead of I
oaths of allegiance and supremacy ,
oaths he had Tikewisa taken at sundry tjeBCJ^
during the rcspectiva ret{ros of their lite
jesties kinjj IVUliam and tjuf t " imJ of
her late majesty queen Am ^witb-
standiojr he had frequently aij irtMi trie Pit»jj
leoder.Tiath, in dlrcet violation of his stidt
peated oaths and obligations, and to the ]
scandal of religion, and his holy fuoction, 1
deeplv concerned in forming, dtrecttnf^
carry mg on the said wicked and detestiMt
conspiracy^ and hath been a princip
therein, by traitorously consulting^ ai
t^esponding with divers persons to rah
surreetion and rebellion agait>st your rotjt
within this kingdom, and to procure a f
force to invade the same, in order to ^
your intjestVi. uod place the Preteiideri
throne ; and by traitorously correspondii
the said Pretender, and persons empla
him, knowing them to be so <'i
fore to manitest our just t
wicked and abominable a cotispn-Miy* -, -
2cal and lender rej^^rd for the prestrtation of
your majesty's person and £ro*'"-""^"»-i i»n4
of the Prote»lLiDl Succession •
royal fafuily» Ihe solid fou . , iX-^
preuetit huppiness and future hofiea; '
the tod that no conspirator may, by aof
eon triv mice or practice whatsotvcT,
puntfihmeutt and that all others may by i
justice of pariiatueut be for ever hertiteci
end ntJicrSffyr ft TnnsonalfU Conspiracy* A. D. 17^8»
I
tcnsdffo
wctn *'T
tkl ir m^^ be eti;ifk'(J ; v n;! I.
the Line's in(i«» excclliiit
[6M
:: in ODV traiiorotia connpi* 1 pfoved hy him, kDowiii}; nucli person or pt'r«ofV8
vvf viMii iii.iji u\ iiiii^i 1 lo he so ernploved, iucT
e it cna civil by
', ami vviili
is ^piritUDl
r ^Mitiament as-
' t it e same, T bill
i«^ - Ji^ni tnaho^i til Kachester, frojii
iM >l <jay of Juue^ in ibe year of
W 1 &bull be fliid is hereby, lo all
•fcj :ioseai» iiepri>A'd of &)l an<l sin-
eai ^ j..^..;*:. . — ; siioii'*^ «ijd
» and tUat
'^^ -■^. :....,„ — . ,.um tbeuce-
V void, us it he were naturally
t the sai.l Frartcis lord bishop of
.ir>H !""!a '.'!.! i;i ' torih for ever be
[aiul i.-n.|r'i-t,j nK',i|J4ble of and I'rotn
^liiaig, iir enjoying any otiice, dfg^-
tjtioo, bpitc^ce, or employment witb-
oiber bis majesty^s domi'
i from u%iu^ or ejcercisio^
I ttiy online, uiuciitjo, uutbority, or power ecde^
fkiitical orspiritnai ujiatsoever, and shall aod
pcrpc tuitl exile, and
realm, aod ull olli'
• r ba-
sly*«
oe OD
;r of
aUd; .tcr shall i
^..1 .Im, or ati3
tiff at any lioie after ibo BAid
:*, ill the year of our I^rd 1723,
nrii! liit J UtitliOji of iC^ndicsler,
IV fully com ictcd, shrill be ad-
l gUiily «'f ielotjy^ nod ' r aud
t m In ca»f s of felony , u . lit of
jf uid aballbe lUierly mopal/lt: of any
I r^JQ from hU majesty, his hea's or suc-
, ,** And b« it ftirtber enacted by the aulhority
[^'•Illl, Of
art!
if.
irn of the suid
. v.tt I into thifii
lions,
or any vl ibem, iwvn^ thereot Uh fully
%A):\\\ bf a'ijnd«jod goilty of feUjoy,
( )4S in Gnacsofiolony,
IoaI Luj il iuULu^i t^uacted by the authoritv
lid. Thai if any of the nolyi-tts of his
9>. 1' *is, eitcJept hucli
(**<*«>■ "^ lUut p <rp«iseby
'rhii
V441 Ml unr JU>rd
ucli perjion so offend bo',
ijfrcof lawfully convicted, fiball be ad-
j guilty ot felony, and Khnll Koffer aiid
turleit as la cas«9 of telonyi without beoifBl gf
clergy.
** And be it further enact^i, Tliat if any of*
fence ag^ainst this act ihull be coinmiUed out of
tbiii realm, the same shall or may be alleged^
(aid, eoquired of, aud ined tu any couat^
nitbiD Great Britain/'
The Acts aeraiott Plunkett, Kelly, and At-
lerbury, received the royal ossent oo 31ay 27th,
172ti, CHI which day the parliament wa* pro-
rogued,
Oa T"^^'Tr>%' *he I3lb of Juuc^ the deprived
bishop <' < r, accompanied bv his soQ-
m law V .e and his wife, cmWked on
board the A iil borough, one of his majesty*s
^hina of war, and on Friday the 2 tst, lauded at
Calais.
, or witii any |»tT«iui m ||i«p^itf ma- \ at il«ory d
la the debate, which look place upou tb«
question, llmt xSw Rill luralnst Alierhnry should
%yJ^H^i Dr. \\ i Hibury (nmi \ix the
course of the , luted to Wiochea-
tcr) made tite following Speech i
My lords ; As I have sometimes troubled
3'our lordships with what I had losay in other
debates, 1 believe it will be expected that I
sliould bay something in a case so extmordi'
nary an this is; and wherein a brother bishop
is so neatly coucerned. I beg leave Vi begiu
witlt taking notice of some things that were
peculiarly addressed to this bt^uch, both by the
levercnd prelate, and his couuticj^ from the
bar.
The first is, that we would consider bow a^re«-
oble it may be to Uie canomi and di&cipliue of
the Chord It in thi« extraordinary inauuer to
deprive a bishfip of all bts preferments; and Ui
^0 hi bit him the use and exercise of lus i'uao*
lion for bis life.
A« to tills objection, whatever io4(|ei»oe it
may havf -^k, .^n.t amoi^ ignorant people, when
the sp« lo to be printed; yet, as la
yuur b>i '^ Lnow our cuostitution so
iivell, 1 - lb at it can have any
weight L I . ill. And indeed when £
cnuMiler all the ucty of parliament relating 19
the supremacy, thai have been made fur near
200 years ; when 1 consider the articles of oar
Churcbi f>tir canon*, and the liubscriptions that
the Bibho[) hiuiself must have uiade, and must
have re<|aii«d from others, in the exercise of
liis function ai» a bishop ; v^hrn, I iMy\ I con-
sider all tl)eiie things, it l^ iUHiMrr ot wondor
to me, that sucli an oL(|ectiort i»iiould t>e madfi,
eilhcr by a hi>thop of the Cliurch of Enclaod,
or by a I - f the Lm^doiu oi Enfi^liiod.
I tH'oUrcl above *nw iustatifft
, „^t of ptittotiiieut made lo de*
; whH'h IS, that of Fisher, hishop
whu was so deprivi^d in tbe Hum
Bui I «6 to gencimi iciit tt'
J do
idii
le Hum ^!
647]
9 GEORGE I. Proceedings against Bishop Aiferhuryf [641
ment, whereby both bishops and presbyters
haye been deprifed of their prefennents, we
ha?e a good number. Thus, in the b^inning
of queen Elizabeth's reign, almost all tlie bi-
-shops of Engrland were so deprifed : and at the
BeFolutioo, many were so ; and all might hare
been so, if they had not complied with the
terms of the act of parliament : and at the Re-
storation, many hundreds of presbyters were
deprifed in the same manner. Anil I conceif e
that it cannot well be doubted, but that the
.same authority which can make laws by which
the whole bench may be deprived, may exert
itself in a jMirticular case, if they have just
raosons for it.
As to the trial of bishops for any crimes they
shall be guilty of, we are to consider the differ-
ent nature of the crimes of which they are ac-
cused ; and the trial by law most be according-
ly. If the crime be of an ecclesiastical nature,
such as ecclesiastical courts can take cogni-
zance of, as simony, heresy, and the like ; the
trial regularly must be by the archbishop of
the prufince, taking to his assistance some of
his suffragan bishops.* But even in tliis case,
if isither the arcfibishop shall, upon com-
plaint, neglect to try him ; or, if upon trial he
shall acquit and absolf e him, the accuser may
appeal to the king in chancery : which court
may appoint a commission of delegpites, who
may, by the authority of the crown, ludge him,
deprive him of his bishopric, prohibit him the
use of his function for his life (if the crime de-
serre it,) though he were before acquitted by
the archbishop. But if the crime be of a cif il
nature, such as treason (which is the case now
before us,) the ecclesiastical authority has no-
thing at all to do with it ; and should any ec-
clesiastical judge attempt to meddle with it, he
would be iudged to attempt against the king's
<nt>wn and dignity, and quickly haf e his pro-
ceedings stopped, by a prohibition out of the
temporal courts. And I would beg leafe to
cbserfe further, that were this bishop to be
tried m the common course of law for the
crimes whereof he is accused in this Bill, it
must be either by your lordships, as a member
cf this House; or by the judges and a jury in
Westminster- hall. I would not at present say
which, because it would lead me out of the
way: but in this ease, if either your lordships,
cr the judra below, should pass sentence upon
liim for the treason of which he is here ac-
cused, that sentence would, ipso f ado , de-
prive him of the bishopric: it would also make
him liable to lose his life; but it would not,
ipio facto, take it away, as it woold his W-
st)0{iric : be might, notwithsUnding that sen-
tence, life many years; but from the mo-
ment of it, would be no more bishop of Ro-
chester.f
* See the Case of bishop Watson, toI. 14,
p. 447.
t Under the doctrine of the sacramental na*
lore of ordination, and of the indelible character
which it has been heid to coaferi I suppote
These things, I humbly concelfe, are abdo
dantty sufficient to answer this 6rst difficulty
and therefore 1 shall add no more but this on
obserf ation ; that the way that is now taken t
deprive him, is the only way that 1 kuow o
wherein the bishops can have any part in tfa
sentence of deprivation.
The next thing that was suggested from tfa
bar, particularly to this bench, was, that w
should consider well what we are domg, an
haf e a care that we do not, by concurrioj^ i
this Bill, make our titles to our bishoprid
precarious.
As to this admonition, the answer is fer
easy, that it becomes us, as we haf e the k»
nour to haf e seats in parliament, to take cut tt
do justice ; as, on the one side, to the prissMti
so on the other side, to our king and country:
and to trust in God, that in so doing weslnl
neither hurt ourselves, nor our successon
But, so far as jnst judges may look to evcDli^
the argument seems to me to lie the other waj:
for, if for want of doing justice against trsiton
to king George, the Pretender should banpeii
to prefail, (which God afert!) the title of iro-
testant bishops is like to be very precarioui
indeed.
As to the power of parliament to pass Bilii
of this kind, the parliament always bad it, Ini
frequently exercised it, and always must bsvt
it ; it being essential to the very being of tbe
supreme power. The lives and lifaiertics of
that in the case stated, Atterbury wonid bare
remained a bishop though without a see.
Though the Romish Church holds that tbos
are seven orders, viz. presbyteri, diaconi, sob-
dhiconi, acolyti, exorcistse, Icctores, ostiarii;
yet other opinions have beeu mainUtned by
some of their doctors. Much learning has ben
employed to investigate not only what is ths
number of orders, but which they are, and whtt
of them are sacraments. Moreof er the docton
who agree in consolidating the orders of bisbop
and pnest, yet differ f ery nicely in their dii-
tinctions between the two classes.
The doctrine of the indelible character of or-
deis has been carried farther than seems to be
necessary or in practice f ery useful : fie. to
the maintenance of the dogma that a ChriftisD
priest, legitimately ordained, would remain •
Christian priest, ef en though he had apoiti-
tised from Christianity ; nay ef en while he wil
suffering the punishments of hell. In parlii-
ment it underwent some discussion in the de-
bates during the progress of the Act (sUt. 4l
Geo. 3, c. 6S), «* to remof e doubts respectiflf
the eligibility of persons in Holy Orders toiH
in the House of Commons ;" ancillary to whidi
was prepared, by a committee of the Housed
Commons, a very learned Report.
As to deprivation from benefices, and degi*
dation from orders, see Burn's Ecclesiastioi
Law, titles « Degradation,' « Deprivation.' t
this Collection, see the Case of Samuel Joh»
son, f ol. 11, p 1339 z and also fol. 1, p. 841
as thcfe referred ta
and olhertfjbr a TreatonaUe Cotupiraei/. A. D. 1723.
[650
tffij IBM io En^Uiid are iut>jei*t to \it nni
IbWigli ll*« es*fC(»e t)f this |H>wer riuy be dan-
gWMtt 10 pervai(t» wUo vfi\i fenture upou irea-
tmaith practices, trusting to their cuuniog and
irttftcf^ 10 Kkreun them trom the hw\ yet I
bie ififti confidence in iht* inlejfni y a"d justice
rflhc crown, and t\v 9 Houses ot'ParliamenI,
tliat, 1M1 long as thin example is followed, of
giving a full and fair heariag^ to the persons
ittssed, innoceul men canuot easily suffer;
«f,iii all events, that if corruption or tkctloa
Mkd e»cr so lar prevail, that there ahouhi *>e
Aajfr T in; rent [lersons, it will U: much
aaet witne^s^ or juries, or to find
«bcr u.> . M «.^ lu dt'siruy them, tlian it will be
Hinevail u^nm a pnrliament to do ii: as 1 am
pnnided tb^tt.m this particular case, had there
Many corruption^ lutoe other method woutd
tevebeen foun 1 mit, more cflre^Jtually to e«jnia
liUi« peraou toiiremed than this is hke to do.
The last pa I tic uUr that the Bishop peculiarly
i^df«Med i^ this bench, was, thai we would
CDMldfv the wiird*i of St. Paul to Timothy ;
** AAin«t an dder receive not an fti:Gusati(»n,
kiitl»efi>n.* two or three witnesses," 1 Tiiii*
d». Xv. 19.* The aeose ol t^hicb words hi^
M«|itp uoikr^too^l to be^ 11iat an accusation
iImiiIiI not br m tiiuch at receired against an
ilder or |tre«byler, and much less against a
hi^crp, but ujion the oatba of two or tbree
wila»*wn(.
la au%wer to this, I beir leave to observe,
tbi ifUf tmiwlation renders the words, not,
•nfOotbc oaths/ htit| * before tivo ar three wit-
MPS:' which f^eemsto import a \i>ry ilitferent
tnmfmm that his lordship puts upon them.
Bot, aot Ui enter into any critical esanmiatiun
tf ibr truth «if our transhitlou, or what the real
■tot <»f the words is, 1 would onlv maketheie
ni^tbort ob«ervufioQs t tirst, that Uje sense the
fiSihop ]niU u(>fm them, that an accusation
tpioit A pfe*l*y(er or bishop, must not be so
iMtob • 'i into court, mit upou the oaths
•^i*^" vLinesses, is not practiseil m the
iluui II .« biJL^uind ; and, I believe, never was
prtctuml in any Christian Church whatever.
Til^ i^i rood observation I would make is,
'; vet be the sense of these wards* it
1 - X ilie conduct of a bishop towards
r' but certainly was never in-
_ I ri law to the supreme power of
vltiOgdota^ 10 iiH proceedmifs ui cases of high*
^^^'in, dtroii^'^t »ny suhj»-t_i whatsoever.
f Sishop ii'r^cs furtiier, that the Jewish
itr«» at least two, or more witnesses
' uoccdings ; and from thetice
i^bi to be so amoo(rfet ut.
ii it may be replied, That this
[.iw of the Jews, which waa
u; K.(,rt* i*j> M*, rtij.i therefoiit doth mH oblige
w aay more tban the rest of that Jaw doth ;
•Upon the 1 by the prlfiooer bad
■•»» er«c<eii h\ - Ji W (Unne a strange
JjWc af jatmp^udcikmt lo which was verified
except where the reason of the thing lays an
oNigntiou upon us. B^it, iorleed, 1 arn of opi*
uiop, that that taw dotli oblige u«, so far as it
was iutetided to ohlig^e them, and so tar as it
can be adapted to the intinile variety of cnsct
that must happen in judicial mutters. That
law is very short, and ilitrefbre mu?t leave
many questions that may be miule about it un *
determined : 1 ^hitU at present take notice of
these two only, which may be material to our
present dispute ; the first fs, wlietber the meaiH
mg of it be, that all controversies and accusa*
lions wliatever must be determined by wit-
ne«ses, and do i>ther way ? or, whether upon
sttpposiiion that the matter be to be determined
solely Uy witnesses, and nolijjht can be brv>ught
to it any other way» that then the witnesses
must be at least two ? The second is, whether
those witnesses must swear directly lo ihe fact;
ft>r instance, that they saxv sucli a man mur-
der another^ or the like? or, whether it may
not be sufficient, that they swear to such cir-
cumstances, as infer a string and violent pre>
suinplion that such a fact was cominttlea br
such a per.^ou ?
These thiaga ar** left undetermined ta that
short Jaw of the Jvws; but, I humbly con-
ceive, are suffinenily determined by the tia«
ture of the tbiu^, ami by the Jaws of all nations.
And particular! V of our own. It is true, indeed,
that in ca.Nes ol tii^b treason, we have from poll*
trcal constderaiioiiM dtterinined^thal there muil
b<* two positivt^ witnesMes to some one or more
overt acts of the tame treason : but, as to alt
other crimes, that eipially aifect the lives and
estates of all the sul^jects i4 England, this if
not tlie case ; and men may by law Jose Ibeir
lives when there is not so much as one positive
witness to the (<ice. 1 beg leave to explain
this JO the words of my lord chief justice
Coke ; " VVheti a trial is by witnesses,* regu-
IiltIj the affirmative ought to be proved by twa
or three \%itnesses ; but when the trial is bjr
verdict of twelve men, there the judgment \m
nnt given upon witnesses, or other kind of evU
deuces, but njion the verdict ; and upon such
evidence as is given to the jury, they give their
verdict; snd mmy times jurtes, to;^eiher wiib
other iiiMtter, arc much induced by presump-
tion/* /tnd,indeedjf uouiancould be convicted
of murder, or robbery, or other crtmcs of that
nature, but by two po^iiUve witnesses that savr
the tdrt done ; nothmg would be easier or safer
than ihe commiiisitm of those crimen ; and no
man could have any aecurity« either for hii
pers/in or his e^tHte :f and therefore, if iu casea
of high treason oui law rec^uires positive wit-
ri(^to»es, it i» not from auy moral necessity, or
point of conscienoe ; but from political reasoni^
which must, and always will be^ subject to the
judgmeot of parliament.
Having now dune with what waa from the
bar peculiarly applied to this bench, end bav-
• See 1 Inst. fol. (i, b.
f Aa to c ire u instant
iof James Stewart,
I
I
651]
9 GEORGE I. Prti^ccdingxagauist Bishop AiUrlniryt [{iSi
in«r> I hope, given a very plain answer to it, X I Uiiuss hare been oljected : that it is by wa^
now beg your lonUhips' leave to proceed mure
directly to the bill ithelf. And here two tbiufv;»
are necessary to he considered, in order to con-
Tince your lordships, that it is a Bill fit to be
passed : the first is, the lawfulness of it ; the
second is, the prudence or eiqiedicncy of it.
As to the lawfulness of it, it will be necessary
also to consider two thin^; first, whether
?^our manner of proceeding in this Bill be law-
ul ? secondly. Whether the Bbhop be really
guilty of the crioaes charged upon him ?
As to the manner of proceeding,* many
* This topic is with much ability discussed
by a friend to the proceeding's against Atter-
bury, in two letters, signed Philopatris, which
were published in the London Journal, May
11th and 18tb, 1723, among the letters of Bnn-
tannicus.
The justice and the expediency of having re-
course to special acts of parliament, for the pu-
nishment of offences previously committed,
were mucn debated in the course of the pro-
ceedings against the carl of Strafford, (see bis
case, vol. 3, p. 13ti2,) and against sir John Fen-
wick (see his case, vol. 13, p. 538.)
The great fundamental objections to Bills of
Attainder are referable to three principles.
1. The injustice, tyranny and oppression of
er pott facto penal enaotments.
2. The insecurity of property, liberty and life,
tinder the union ot' the judicial and legislative
authorities.
3. The mischievous tendency of specially
applying the power of the legislature, to the
cases of particular individuals.
Blackstone is remarkably brief respecting
Acts of Attainder. He reprobates ex pott facto
laus : and in his Introduction to the Commen-
taries (sect. 3, vol. 1, p. 46,) he refers to what
Cicero says of the Roman Privilegia. Ciccro^s
language is very strong : ** Leges proeclarissi-
moe de xii tnbulis tralatse duos, quarum altera
privile;jia tollit." Dc Leg, lib. 3, sect. 19.
'< lu pnvos itoniines leges ferii noluerunt ; id est
enim privilegium, quo quid estinjustius.^'' Ibid.
*' Quo jure, quo more, quo exeropio legem
nominatim de capite civis indemnati tulisti?
Vetant leges sacratse, vetant xii tabuls, leges
privis" [Blackbtone adopts ' privatis;' SStepna-
nus recognises ' privis,'] •* hominibus irro-
gari : id est enim privil«*gium. Nemo unquam
tulit : nihil est crudclius, nihil pemiciosius, ni-
hil quod minus bttc civitas ferre possit. Pro-
scriptionis mJKerrimum nomen illud, et omnis
aeerbitas Sullant temporis, quid hahet, quod
maxima sit iosi^nc nd memoriam crudelitatts?
opinor, peenam in cives Romanes nominatim
smc judicio constitutam.'^ OraU pro domo soft,
•ect. 10, 17.
Montesquieu contends for the separation of
the legislative from the judicial functions : hut
in spring of the ostracism of the ancient re-
f ublicsi he yieUi tu that ppignmmatic propen-
of Bill, and not a trial in the course of law;
tUat rvidence has b£en admitted, that wouliJ
not have been admitted in any of our courts ;
that these things are contrary to the liberty ol
the subject ; that every subject has a right ts
the laws of his country ; and that he has an
injury done him, if be be denied the benefit ol
them. This I take to be the sum of what hu
been objected against the justice of your pro-
ceedings in this Bill.
In answer to these objections, I beg leave to
sity, which is one chief cause of tlie extitne
unsatisfactoriness of his work.
Archdeacon Paley says, ^< The first mmm
of a free state is, that the laws be nmde bf sas
set of men, and administered by aRPtfacr; it
otlier words, that the legislative and jw&al
characters be kept separate."
And be proceeds :
** This fundumentat mle of civil juriqiro-
dence is violated in tlie cases of Acts of At-
tainder or confiscation ; in Bills of Paiv sod
Penalties ; and in all ex pott facto. \&wg whitp
ever; in which parliament exercises tfaedsuUs
office of legislator and judge. And whoever
either undtrstmnds the value of the rale itielfi
or collects the history of tliose instances is
which it has been invaded, will be induced,!
believe, to acknowledge, that it wouUi have
been wiser and safer, never to have departed
from it. He will confess, at least, that nuthioff
but the most manifest and immediate peril of
the commonwealth will justify a repetition of
these dangerous examples. If the laws is be-
ing do not punish an ollV'oder, let him go us-
punished. Let the legislature, admonisiMMi of
the defect of the laws, provide against tbs
commission of future crimes of the same sort.
The escape of one delinquent can never prodaoe
so much harm to the community, as nay ariiS
from the infraction of a rule, u|mhi which tkf
purity of public justice, and the existence if
civil liberty, essentially depend." Principles
of Moral and Political Philosophy, book 6, c<.
" The proi>er formal notion of government,"
says bishop Butler, (Analogy, part 1, chap. S,)
*' is the annexing pleasure to some actions, and
pain to others, in our power to do or furbeir,
and giving notice of this ap|xiintment before-
hand to those to whom it concerns."
Locke is strenuous for punctilious adminis-
tration of tlie prescribed rules of law. Hm
Treatise on Government, chap. 7 and 11. Sef^
too. Hooker as referred to by iiim. If Locks
had composed his work after Fenwick's ptot,
he might perhaps have noticed the topic m
Bills of Attainder, and considered the distia-
guishing circumstance of Fenwick*s case.
It may not be altogether impertinent to mca-
tion here, that aoeordin{if to some, the kings sf
France, when they arbitrarily passed seniaasi
of imprisonment by lettres de cachet, aclad M
a legislative capacity.
fxnd othertffor a Treasmalk Conspiracy.
A.D. 1725.
[054-
r, first. Wherein the liberty (vf England
; which is a point ctunmunly pretty
listaken. Mauy iieopte are apt to iaa-
at the diflference iK-tivixt us^ and some
leighbouring countries, is, that they are
bsolute power, and we are not ; wiiere-
mth, ail conntries that are supreme
themselves, have ecpmlly an absolute
and in the nature of the tbincf it cannot
be otherwise : no government can sub-
here be not a power in it to chanp;e, to
e, to suspend, or dispense with its laws,
•asity or conveniency shall require;
a what we call absolute power: and
«, the difforcnce betwixt one ([C^vcni-
id another does not lie in this, that one
b a power and the other has not ; hut
rely in the diflference of the hands in
this power is placed. Where this is
n one hand, in the kingf, we call that
late monarchy : where this is not solely
king*, but only as he acts in conjunc*
h the states of the kingdom, that we
mited monarchy ; and the people that
ler such government, are called a free
because they live under set laws, which
ot at first be made, nor can aflerwanis
ed or dispensed with, but by their own
• However, there is still in such coun-
|K>wer equally above all their laws, as
in the most absolute monarchy in the
If have said upon this first head, will
Ml measure explain a second qnestion :
hal right is, wiiicli the subjects of this
p have to its laws ? Which is, in short,
10 daim the benefit of them ogainst the
or any court* aclinij nndcr tlxs crown,
Hates of the kingdom (which are vir-
every man in the kingdom) think fit to
: to the alteration' of ihctn. The king
ri supreme, but his power is only ac-
; to Ine laws in being : by them tie is
• act, and if any of his officers act con-
I them, what they do is null and void ;
y are punishable for it ; and the siib-
ife a claim of right against them. But
king and his people think fit to come to
Mpreement to alter any such law, there
nd of all claim of right in the subject:
im Is taken away by their own consent ;
I aaid before, every man in the king-
iimlly consents to 'what is done by an
•riiament.
there is an absohite necessity that there
be such a power as this in every coun-
w the state of human aflTain; is so
•Ut, that it docs not admit of any set of
lUe hiws. What is rrood at one time,
I destructive at another; and what is
Ij good, ma^', un<kr particular ciicum-
, icuuiie a disp(*nsation by a proper au-
," And here give me leuvc to observe
IwMiiliC) the difHrence there is be-
(Ktkrmi mwt of justice and rrghteous-
' >e laws whatever, lliat as to
made for them, and the nearer
imfMAti
we do in all things conform to them, (he more
noble, and lovely, and excellent creatorfS wo
are : but as to positive laws, they are all made
for us ; and the more they eonform to us, the
more they obviate all our wants and difficulties,
the more they answer to all our necessities the
better they are.
As to what is complained of, that your lord-
ships have admitted evidence to be read that
would not have been admitted in the coorte
below : I concetve, that acting in the capacity
yon now do, yon have a i\i]T power to do it,
and have not broken any of the general rules
of justice by it. You have let in all the light
that you thought mip;ht be proper to give yoa,
a full knowledge of^the matter ; and in the
capacity in which you now act, I cannot but
hnnibly be of opinion, it was your duty to do
so : but in forming of your judgments, I take
for granted, that your lordships will distin-
guish, and lay no more weight upon any thing
Sian it deserves.
As to the roles of receiving evidence in
Westminster- hall, I conceive, that they are no
part of natural justice, but onlv artificial rolee
framed for conveniency ; and bind no courts,
but as they have agreed to them, and to are
become the customs of the court. That these
rules are no part of natural justice appears
from hence, that e^en among ourselves they
are diflferentio different courts : that those used
in our courts, are very diflferent from those
used in other countries : that they differ here,
according to the different causes or crimes that
are to be tried. May, they are so far from
being fundamental parts of justice, that they
must require a good deal of tiniie and art to
form them. And 1 am persuaded, that were
a person of good natural sense, who knows
nothing of the law, asked bis opinion, He would
be apt to think it to be a part of natural justice,
that every person that prosecuted a cause in any
court, should be at linerty to produce before
that court whatever he thonght material to his
cause. And there is no doubt, but that this
was the original way of proceeding : but that
in process of time, when courts came to have
a good deal of business, and they found by ex-
perience, that this way of laymg every thing
oefore them tended to lengthen causes, (which
was especially inconvenient where juries are
concerned, who must end a cause before they
part) these rules were gradually found out;
which, though they may be, for the reasons
above specified, generally convenient, yet may
sometimes hinder justice, by not suffering all
the light to come into conrt, that may be ma-
terial in the cause.
Having said thus moch concerning the
justice of your method of proceeding, l now
come to consider the second, and the main
point of justice to be regarded in this Bill ;
which is, Whether the Bishop be guilty, or
not, of the treasonable practices charged upon
him in it And in this I shall be the shorter^
because yonr lordships have heanl the evidence
en both lides, and all that has been uid-frem
655]
9 GEORGE I. Proceedhgi against Bithap Atterhoyt [fl
111
ibe bar by botb sldai upon it ; and because
tlierenre iiiany uotitelorilsja tbeHou&e^ much
jUilt:r to liy Ihin^ of this nature ilisliacily ftod
cieurly before ymr brtlships than I iiin.
Ttie cause of Kelly is so cooncctetl vvUh that
of the Bishop, that I must tiej^ leave to ^peak
A few words lo the one botbre I proce<^d to the
other. As to Keily, I would observe in the
I^TsX place, that one strong presumpttoo of hi^
guilt LSf that when be was tirst taken up, he
resisted the officers ; that he seized bis iii^ord
and lome papers that had been taken away
from him }. and was rpj^ofute to hwrn those
paper!;, thout^h with the apptireut huzard of
bis own life, and being tfuilly «»r the murder of
one of the officers that hud seized him.
Ill the next place, it itf proved before your
lordships, that at^er he was taken up, the
peojde at his lodpngs burued the rest of his
capers ; a pbln evidence, that they who koew
lis mnnm-r of life and conrersationf suspected
that he was guikv. And this is ag-reeable to
what Neyuoe told the chancetlor of the ex*
chequer ^ that there was at that time a general
burnini; of papers.
Thirdly, Anotlier prestimpiion of bis puilt,
if, tliat when he wa^ taken up ihe sec<»ud time,
he offered seTcrol sums i»f mtmey to the people
of the house where he ^a* in cnsfodyf \u j^utfer
him lo escape, ait appears from thi^ir oaths at
the bar. These tliin^^s 1 mention, not as fyll
proofs of his guitt, but us strong presumptions,
that make ei^ery thing else that is sworn
against him very credible.
"The chief CMdenoes of his guilt, are, a
great number of intercepted letter*;, huth from
biiiv, and to him, containing; treasfvi^itble matters.
Those from him, are by several witn^s^Cii
proved to he his hand* writing, particnlarlv by
the officers of the post-ofiice, who took tliem
and transcribed them. And as to those to him,
leveral witnesses hare proved that he gave
orders at several public houses to take them in,
when they came from the post, that he him'
self received them from thence, opened, and
read them : and it is atso further provett, that
answers were returned to them in his own
band-writing. These things altogetlier, 1 lake
to be such phin cind strong evidences of hts
guilt, that I shall trouble your lordsbipa no
forther about him.
As to the person concerned in this Bill,
though it be a great tronhle to me^ to think
that any bishop of this Church should be guilty
of so foul a crime as that objected to him ; yet
1 cannot but be of opinion, that if be be really
guilty, the interest of our Church, as well aa
justice to onr king and country, do require,
that he shonhl be convicted and punished. And
indeed, I cannot hut be humbly of opinion, that
whoever behevei Kelly to be sfuilty, must be-
lieve the Bishop to be guilty too.
1 shall not insist upon what is commonly
called bear-say evidence, though th€i^ be a
great deal of it agaiost the Bishop ; only must
observe, that the conduct of a Protestant
Itiibo^ must have be«n yftry odd and unac-
countable, if he he tnaocrt)!, that l
cobites (aa have done is thi« catie) I
dare, that thty not only e^teetued
in the plot, but to 5e the chief coody
It is, bowtjvert ^t to nay somrtbiog \
case of N<^ynoe ; because the Bi^ho^
counsel have taken up so murh of yoirl
ships' time, and produced so muny wit
to prove him a knave. 1 did iudeti
always think him to he a kn:)v#», and!
thing that he ^id v\ as lobe believed,
upon his authority : but on the other sid
testimony of the greatest knaw in thtj ^
may he taken against hunself ; and thev
selves liave proved, that he was a Ji
anil thoroughly in that interest, cT^eu wbc^
was making mm^ discoveries agaiust '
and therelbre, what he says, id that \
bears some weight, as being against
whom be favoured, and would hurt as \\\X
possible. Some otiier things that he h9d|
aro also coniirmed by concurrent cin
atances, and other discoveries ; and these |
have their weight, though he were nevd
great a knave. One of the thinii^s that b^J
in his confession, was, that be fre<|ueQt}v^
with Kelly to the bishop of Rochefiaru
left him there (as Kelly told him) to wrilif
Utters, This is confirmed by a credible]
ness at your bar, who swears, that Nm
useit to be frequently at his bouse, and]
him, a( least three or four times, thai he i
tlitre for a sensible, ingenious i^y
was gone about business to the U
Chester: he did not indeed tell hiui li4i i
but the thing seems to lue to looki
than if ho baJd \ because it would hare I
uiore bke a piece of art and contrivsW
have told the name of a man, \% ^
to he gone to the Bishop about n
resjiondence. L would only beg lea^p n» j
notice to your lordships of one thing i
laling to Neynoe : the Bishop^s wttne&jieil
fully proved, that Neynoe told them, thir
chaucc'llor of the exchei]uer had giieol
several sums of money, to endeavour
out of Kelly the explication of the caoti
that were used in the correspondeooe |
that he had promi&etl him much greater \
if he would go to France, and get it o
Dillon and the Jacobites there: the inf^f
from which f take to be very plain. th«t iW
court did not then know, who the pt r>oii»«»»»
that were designed by those cant nati
that thev did bt he*e that Kelly did I
that Dirlon anfi the Jacobites in Fraiiii
too: which effectually and luUy coulnusj
suggestion of the Bishop, of which \w
bring the least (iroof, that the plot wasti
trivonct* of perstms in power.
The next tiling 1 would beg leave la J
notice of, relating to the Bisboii. is a
(taken amoiij^ his papers) from a lady of j
quahty ; of which the Etabop, ihouifh fl
objected to him by the counsel for the BllJ
taken no notice : which 1 conceive he »^
and ought to have doocp had it i
nnd others, Jbr a Treasonable Conspiracy, A. D, IT2S»
[C53
fiff toy ^'r account of it. The Ia«ly* in
«l Iclter tells him, ** That «be sent some-
Ultog tbat she haci received, she could not tell
whom ; but let it be for whom it wonlil,
thoug'tit he oii^^hi be Crust^iJ. aud that tt
111 not he put luio lietter hands." A strong
tpicion this, coDsideriiisf all circumstances,
11 her e was a curresporiffence by cant uames,
\kh ihe lady did nnt certainly Icnuw, but
ed ilie B(shoj> might ; or, however, that
as m aU events a person to be trustrd.
her very susplcioys circumstaoce against
'itip, is, the letters from caplaiu ilal-
d what has beeo proved at your bar,
Is same captain Halsiead, a liule before
went io his ship to fetch over the duke of
i)nd,| waitE'd tipon the Bishop^ and staid
bim an hour. This thing' imieed dirt^tly
e« nothing:; but all things coneidered, is
stispicious : and the more :>o, becatase the
hiis given no account^ either of bis ac*
ce wiih bim in general, or of tb<? parii-
son of that visit, at a lime tliat leaves
tiich p;round to susptjct the worst.
e next particular that deserves your lord*
' consideratjun, is the letter to Duboifl
ind artionr^ the Bisbop^s papers when he was
up. and tbiuid now to be sealed with Ihe
seal with that letter taken upon the Bi-
>p*s servant^ which he contcsseth to be bis
hai]d- writing". It is not indeed pro veil, that
letter to Dubois is the hand- writing- of the
iop; but aav body that reads it, will easily
ioded, that it is not the natural and or-
ay of wriiing^ of any person, but a dis-
band like a print ^ except t»nly some
letter's which escajj^d the care of ibe writerj
dare very like those of the Bishop. But
' a lont^ examination, which bus ta Ken up a
it deal of your lordsliips* time, it appears
litily, that the seals are the same, and that
one could not be counlerfeiled from the
because the first letter was orir^tially
;en witli the seal broken, and was in the [los-
iton of Ihe House of Commons when the
Ond letter was taken upon the Bishop's set*
it» ]t appears plainly by this ktler to Du-
ll, that the persnn wlio wrote it was in a sc-
t aad dangiTiHis correspotrdence ; that he
s an acquaiutince of Mr, Jobnion or Kdly ;
it he received letters by bis band, and wrote
answer in bis band. How far ad these cir-
nijtances, taken to^i^ether, prove the Bishop
be the author of this letter, I must submit to
ar lordshipsVJndjjrnient : for my part, 1 think
jy do *, especialjy considering, that the Ri-
»u tiafi ^iveu no account of it, which be ought
00 by law, of a letter uf this nature, plainly
' upou oath to have been in his poises-
1 DOW heg leave to proceed to that which is
principal cbarfre a^inst the Bl»bop, the
ytatiug to Mr, Kelly the three letters of the
♦ The Ducbeaa of OrmoDd.
f See the Proceedings against hlniy wot 15,
looe.
30th of April; stg^ied, on€ by the name of
Jones ; another by the name ot I II in if ton.; th«
third by the figures 137U ; which itie dccy-
phcrers explain by the lettcv U. Tiie tUst di-
rected to ftlr. Cbivers, ur Dillon ; the second
to Mr, Wusfifrnve, or lord ftlarr j the thiid to ]
Mr, Jackson, or the Pretender.
It may be proper, befure I take notice of tha
proofs which shew thai the Bishop did really ^
dictate these letters, to take notice of an objcc*
tiou with respect to the lime : the letier* ar« 1
dated the 20th of April, and the Bishop hal ,
prmlured (ive or six of his servants, who iwear,
that about that time be was so very ill| that he 1
could not write hiru^elf ; and that he did noli
see any persou to whom he could dictate these]
letters. Now, iu answer to ihia, it may be re^ 1
plied : that it docs not appear^ that all the ser« i
vanbi which the Bishop then bad, were pro- '
duced before your lordships; and you cannolj
but be sensible, that treasonable practices arftl
commonly carried on in a very secret waysr
and it appears, that the Bishop's correspond]
dence with Kelly has been so carried on ; fopj
tboufrh there is plain evidence that they wert
tVequenlly toirether, and that ibey v^ere ac
fiuainted is confessed, both by the Bishop an€l
Kelly ; yet scarce any one of ihe servants pro*]
duced would confess that ever they had seeti^
Kelly ^ or so much as ever heard of the namo
of Johnson, *vhich was the name bv which ht
wetit. In the nc3rt place, none of these wit-
nesses ]»rove, that the Bishop was so had that
he could sec no company » tilt about the letlij
or 17th of April ; and it is very probable, that
the letters must have been dictated so lon^, it
not longer, before the 20tb, on which they ar©J
dated ; because Kelly was to transcribe and
put them into cypher, which is a work of time
and care ; and perhaps, alter all, they might
be de*!i^nedly post-dated, that the Bishop find-
ing himself going into a great fit of the gout,
mrgbt have all that to plead which yourTord-
ships have heard, if the matter should ever baf|
called iu question.
Upon all these considerations, I cannot bti^
think at very clear, ihal the Bishop might hav<"
dictated these letters : we are now, thercfort^l
to examine whether he did or no.
The first thing that brought any light into
this matter, was the small accident of a dug
being sent from France, wbich^ by the inter-
cepted letters appeared to be sent to one thai
went by the names of Jones and Il!iugton.
When Mrs. Barnes was examined before the
coancil upon Kelly's being taken up, it appears
plainly she was upon the reserve, and woubl
confess nothing that she thought might tend
auy way to hurt Kelly : but bemg asked about
this tittle dog, who it was for, she readily an«
swered, That Kelly bad told her it was for the
bishop of Rochester ; which she has since con-
firmed by oath at the bar of this House. This
hllle accident, not suspectcil at the time of the
discovery to be of any consequence, has given
occasion since, to look into so many circum-
stances, as pJaialj bring the matter home ta
«U
9<jE0RGE L Proceedings against Bishop AUerbttry^ [660
uot express the least sasptcion of fbrgm ; ibA
yet, as I said before, this is the firrt tbooght
that must naturally have come into t|ie bcid
of an innocent person, because nothmt; \hX
forijfery coiihl do him any barm. 1 woald ooly
just bee leave to hint at this one thln|^ nion;
that as lie 'says, that these three persons oooU
not afiect him, because he never knew then;
so accord ing;ly tbev have not affected him, or
said any thing* of their own knowledg;e bM
him ; which is one ^wvl evidence, that vhitil
said ai^inst him is not ftiryred, but real.
I am afraid that 1 have troubled year M-
ships too lonj^, though with a very impefct
representation of the justice of this Bill; «d
therefore shall be shorter upon theji^itWt
which is the expe<liency or prudence of it
Had there been what we call leeal evMwi
against the party concerned, yourlonbhipi, I
take for granted, would not easily bavef^iM
to this extraordinary method of proceedinif : ftr
though it cannot be doubted but that the Mr*
liament have this power, whenever they toiak
proper to make use of it ; yet, 1 do agree iriik
other noble lords, that it is a power not 6t lobe
used, but where and when the public good re*
quires we should use it, which I homMy cw-
ceive is the case at |>re8ent A most dallgf^
ous plot against the government has been dii*
covered : a great number of letters and ptpoi
relating to it have beeti laid before the t«*
Houses of Parliament : these have been prill-
ed aud puhlishefl by order of both Houses : tka
eyes, not only of our owu country, but of tl
]turo|>e, are upon us, to see what we will dt.
Though the evidence of n plot in general, ha
as clear as the light ; and the evidence acfUBit
several particular persons very plain ; yet tf
our laws are, it is not what we call legal evi-
dence : the parties concerned will make lO
confession, and we have not the methods Mk
in all other countries, to extoit confession fnA
them. What then? Shall M-e see our kinf
and country in danger, aud do nutlung ftr
them ? Shall conspirators go on with total ia-
punity, only because they are obstinate, vti
artificially screen themselves behind the lavF
1 doubt, my lords, that if this prove the cM^
we shall ap|»ear ridiculous in tne eyes of al
the world : that our friends and enemies bolk
at home and abroad will think, that we haveaa
zeal for the preservation of our kine and go-
vernmcnt; and if once they do think so,yo«
lordshi|>s cannot but be all sensible, how tkil
must encoumpfe our enemies and discouriffi
our friends, and bring us into that contenipliNi
state, in which no gov eiiuuenl was ever loiC
supported.
Hut a noble lord has lieen pleasetl to obserffi
^h.it the best way to serve the government, ll
to do popular things, and by that to prorilt
the love of the people. I perfectly agrei •
this with tiic noble lord, aud cannot hot kl
humbly of opinion, that tliis govern meat bii
done so, as far as it has been able : Our f**
ligion has been preserved ; justice hu krti
equally administered to all torfai of patfhl
659]
the Bishop. And indeed, if all the particulars
in the intercepted letters be compared with
those things that are in proof with respect to
the Bishop, I believe your lordships will be of
opinion, tnat they cannot all belong to any one
person in the world besides himMlf. In the
first place, since it is proved that Kelly wrote
these letters, the person who dictated them
inust have been an acquaintance of Kelly's ; it
is confessed on all hands that the Bishop was
so. In the next place, it is implied in one of
the intercepted letters, that the person that
went by the name of Jones and Illington was a
clergyman ; so far stilt agprees to the Bishop.
Again, further : this |ierson is mentioned in all
the intercepted letters as a peVson of great con-
sequence and credit, upon whose advice the
party very much depend.; and indeed the very
air and manner of writing the three letters,
plainly shew, that the person that wrote them
thought himself so ; tnis also agrees with all
the other discoveries about the Bishop. Were
there no other particulars but these, it will be
hard to imagine that they could well belong to
any other person. But if we consider further,
that this Jones or Illington came to town such
a day of the month, Wfut out of town such
another day of the month, came back again to
town such another day, was himself sick at
such a time, that his wife was sick at such ano-
ther time, and that she died at such a time ; all
which are in evidence with respect to the Bi-
shop ; if we do,' I say, eoosider all these cir-
cumstances together, it will plainly appear,
U)at they can belong to no otlier man in tlie
world but the Bishop.
After this, I humbly apprehend nothing need
be said ; however I beg leave just to mention
something relating to the letter that was taken
upon thu Bishop's servant ; by the whole air
of which letter, tt looks as comnig from a per-
son who did not esteem himself to be innocent,
but u ho thought, that nothing could be legally
proved against him : ai>d therefore there is not
one word of his innocence in it, which is the
first thoucrht tliat must naturally have come
into the head of any one that really was so.
lie writes wholly with the air of a man that
liad been used to intrigues ; speaks of the con-
cern that his friends should have for him and
tlie cause ; dibcourses largely about the kind
of evidence that was against him ; tiikes notice
in particular what caimot affect him : ** If,"
says he, •* the Narrative [i. e. Heport,] relates
«'hiefly to Ne^vnoe'si Sainjde's, and Layer's af-
fairs, so far ft cannot affect me ; for I never
heard of the names of cither of the three, till
aAer this plot broke out." It is plain by these
words, that he did not then know what was in
the Narrative against him ; but he is very sure,
that neither Neynoe, nor Sample, nor Layer
could aflfect him. Could an innocent man have
thus disiinguished, and could not they have af-
fected him as much as any body else, if he
really was innocent ? Nothing can affect such
a person but forgerv, and that may come from
au^ quarter: but m th« whuU Icttar ' ' ~
mid others, /or a Treasonahle Cortspiracy. A. D. 1723.
[662
of oar riqrhts or lil)ertie9 hare been in-
I; we have li?ed at peace at home, \ihile
' other countries have 8u(ren*d aU the
iet of* war : these are, or I am sure
d he esteemetl, pn]mlar things ; ao«l if
oilier thin^f which mi«;ht have been for
wd of the |>e()pie. have not been done, it
!en the fault of thoxe that complain most,
Dt of the government. And if there be
ilents now in the kinp^dom, it is plain that
undntioo of them was laid longr ago, by
lemies to our present happy settlement :
am |iersuaded, that the discontents were
r aod fifreater wittiio four months allter
og came to England, and shewed them-
much more, in a number of rebellious
ind tumuhs, than any thion^ that ap|>ears
lent; and yet DOthini^ then could beob-
to the government, hut that some per-
rere not preferred, who lM)th before and
baTe made it too plain that they were not
le triiste<l.
I as it is the duty of those in power to do
* popular thinflfS they can ; so I must beg
to observe, that it is the duty of all the
til (and the greater they are the m(»re it
r duty) to puttbe best inteqiretation upon
tiotti of tlie gofemment that thini^s will
not to misrepresent ; not to put false
eaopon things; and much more, not to
t lies and slanders, and disi)crse them up
iNm the kingdom, jn order to alienate
Sectioiis of the |>eople. These things
been done, and done with great care and
■ce, and bv some too, who would take it
lU lo be called Jacobites. These are the
causes of the disaffection among us, and
I of all the real giievanccs we labour
. Is the king t'orceti to put the nation to
CB, to koep up a greater numlHrr of forces
Mlierwise would l^e needful ? It is entirely
* lo this cause. Are our debts not paid ?
r credit not so (^ood as we wonld he glad
r€ it? Let this artificial raising of discou-
SMB cea^e, aud th<*se thiu<48 will quickly
of themselves. Iii(ti>e«l, were this a
br it, I think it iriight plainly be proved, i
ht debts we labour under had never l)een
ided, but for this absurd, discontented
or; Nay, it is to this, that we intirely
h€ danger we are in from this very plot;
■•plain, from all the intcllifxence we liave
il, that it was c:u i-i<-d on u|»on the con-
Xy that all discontented per^ons were Ja-
* : And thou}f h the conspirators did in
prcatly deceive thenisHves ; yet it is cer-
lat toey built their hopes u|»on this foun-
t kb further said by the same noble lord,
dM CJitraonliuary way of proceed insfs
•I procure friends to the king; but will
rnffcr ami provoke, and so hurt his iii-
I of helping it.
1 1 answer, that I do indeed suspect,
_ ! will be angry ; as I hear that
'throiwft the kingdom are: A
I diis, thot they do not thiuk that
the friends of king George are worrying one
another ; for they would' not be angry at that.
Those that moat desire to tlestroy our liberties,
are become, upon this occasion, the great
patrons of lilierty ; as indeed they have been in
a great measure ever since the Revolution, when
any thinsr has been proposed for the support of
the government. No sooner were their schemes
of arbitrary power in the time of king James
overturned, and anew government settled which
they did not like ; but they, in order to destroy
it, set themselves against vi^ery thing that was
necessary for its defence, under the colour of
liberty ; that is, they desired to hsve their own
haofls as l<K>8e as fiossible, to hurt it ; and the
bands of the government as much tied up as
possible^ that it should not be able, either to
hurt them, or defend itself. Thus at present,
they clamour against the additional forces,
though establishfHl by parliament; and affainst
all methods, either to discover or punish the
conspiracy. And thev judge right in this for
their cause ; because, if they could have carried
these points to their mind, they might then be
more free in carrying on their plots, and with
less danger put them in execution. For these
reasons I take it for granted, that all these
Keople will be angr^' ; but 1 cannot but humbly
e of opinion, that it is much bettor tliey should
^ Angry with us for defending ourselves,
than that they should first sneer at us, as fools,
for neglecting our defence ; and then be able
more easil v to untio us.
As to otiiers, tliat possibly may be displeased
at what we are now doing, I would hope, that
a little time and consideration will set them
right, and convince them, that it is not only
just, (but all things considered) necessary to lie
done ; because, if the parliament do, upon this
occasion, shew their zeal in the defence of the
government, it will animate and give courage
to the friends of it both at home and id»road.
Foreign powers will be apt to court the friend-
ship of a prince, at the head of a mighty king-
dom ; if they see, that he and his fiosterity
are like to continue there : All the aH'aira of the
kingdom, which respect them, will be ma-
naged with more ease, with more honour, and
with less expence; and they will be inclined,
not to foment but to discover plots, if they came
to their knowledge. But, on the contrary, if
we give them any reason to sus|>ect that we
look another May, they will quickly do so too,
and strive which shall be foi wardi-st to h^lp
the Pretender to involve us in bh»od aud ruin.
And as to the sidijects at home, 1 would only
I observe, that all mankind arc apt to shew most
zeal tor a government, when they thiuk it safe,
and like to stand, and be able to protect them :
Uut to 8us|>ect the contrary is a most danger-
ous temptation to the fidelity of subjects, as has
been seen by the experience of all ages. And
therefore I hope, that your lordships will, by
your unanimity and zeal in this matter, effec-
tually convince the world, that the danger does
and shall lie iu opposing, aud not in d«ifending
the present government
663]
9 GEORGE L Proceedings agahut Bhhnp AHerbury^ [66
I hope that what 1 have now been sayiDgf,
has convioced your lordships, both of the jus-
tice aod prudeuce of this Bill ; ff tve me leave
to observe, that^our moderation has been very
great too, both in giving so full and fair a hear-
ing, and in making the penalties so much less
than Ihe crimes deserve.
It is now above a year since the plot was
first discovered : a plot of a most desperate
nature, to seize the persons of the king and
prince, and to bring in a Popish Pretender
upon us. The execution of which was lo be
begun by seizing the Tower, and attacking the
city of London on all sides ; and was thence
to spread itself into' all parts of the kingdom.
Lord! what confusion ; what murders; what
plundering; what burnings must this have
caused P Whatever had been the issue, the
very attempt must probably have occasioned
the sacking and burning of this great city :
Tiie utter loss at once of all poblic credit: The
murder of infinite numbers of people : The
astonishment, and amazement, and undoing
of almost all, but of those vile wretches who
would have had the plundering of all sides.
If it had gone on, how many of the noble lords
that I now see, would have been before this in
their graves? But 1 forbear going any further
in this tragical reuresentatioo, and desire only
to observe, that though it has been discovered
above a ^year, how very little of it we yet
know ; and 1 do appeal to your lordships' con-
sidpration, who know the state of the world
Tery well, whether there be any country in it,
either band or free, -which, had they discovered
but a fifth part of what we know of a plot of
this nature, woukl not in a week's time have
found means to t;et to the bottom of it. How-
<*ver, my lords, I still commend your modera-
tion ; and do hope, that we shall never find
reason to repent f>f it, and that this little which
is now doing, will be a warning toconspurators,
not to provoke further the patience of an in-
jured nation.
I doubt not but upon this, and all other oc-
casions, your lordships will be ready to stand
by a wise, a j^ood, anil a merciful pnnce ; and
that you will, according to your oaths, defend
him aefainstall treasons, and traitorous con-
spiracies whatsoever.
Aod, in the last place, eive me leave, as a
Christiau and a Protestant oishop, to hope you
n ill do your best, that a Popish Pretender may
never l>e set at the head of this Protestant
Church: One, who must think himself bound
in conscience to destroy it ; and instead of that
i)i:re rHigion which we now enjoy, bring in
horrible superstition and idolatry, nonsense and
tyranny ; attended with all the sad calamities
which Popish piinces always have brought,
und always must bring upon Protestant coun-
tries.*
* Besides Willis, the only bishops who are
mentionetl in the I^liauientary History as tdc-
log part in this debate are, against the BiU Om-
treli bishop of Cheirters andiofitfOuroftlMBiUr
After whom the Duke of WhwrUm ipoke s
follows :
Some words which have fallen fironi the n
verend prelate, who spoke last, have made i
Gibson bishop of Luicoln. This 1 conjectui
should rather be London, as it appears by tli
Lords' Journal that Gibson took the oaths as b
shop of London on the 6th of May, afW wliic
no bishop of Lincoln appears to have attende
the House until December 10, 1723, on whic
day the House met merely to be prorogoec
Ou the next meeting, January 10th following, i
amiears that Reynolds, Gibson's aucceaorii
the see of Lincoln, took the oaths.
But it seems Hoadly (at that time bishipaf
Hereford) under the signature of Britansoi,
published in the London Journal several pifm
respectmg these proceedings against Alttthsy
and his associates, of which papers tfaktsa
were, in this same year 1723, republisM,
(they are also inserted in the folio editioB of
Hoadly's works) in a thin folio, with the title
of «< Remarks on the late Bishop of Rocbci.
ter's Speech, at the Bar of theHouae of Lonti,
being a collection of all the papers fniblisbcdiB
the London Journal upon that occasion by Bri«
tannicus." They are written with much aeole-
ness and cogency of argument, and with vd-
snaring hostility towards Atterbnry. The con-
cluding raper will exhibit the styfe of coopo>
sition which pervades the whole. It is as
follows :
*« Upon the Review of the hite bishop of Rs-
cbester's defence of himself from the ebtifli
laid against him, an olwervation or two oAr
themselves, which 1 cannot forbear to dwell i
little upon, belbre I quite take leave of the sab«
ject. The first which occurs is, •«thatpill
can sometimes transform a man of the biigfatoil
parts into one of the opposite character ; wi
put the witty and ingenious upon the level willi
the dullest and heaviest of morUls." If wi
were to comprehend the whole of the late K*
shop's answer, in the shortest compass, il
might be all rightly expressed in the one siojil
word, < forcpery,' repeated over and over aguii
andapplieflequally to every particular. Fori*
stance— Q. What account do yon give of IIm
three treasonable letters, which plainly descrih
you, as the person who dictated them ? in
Forgery between a great minister and anolbei
«Q. How can this be, when it appeara Ih
other person was not known to that great ■!•
nister, till three months afler these letters mm
intercepted P A. Forgery notwithstanding tki
seeming impossibility .—Cl. How came tbejt
be written in Mr. Kelly's hand ? A. Fofgwy. I
they were so, it is very well known that tbff
hat been such a thing as an exact imitatMMi
another man*s hand. — Q. How came an ift
swer to these letters from abroad, to bo It
cwved here? A. Forgery. Jt wascontrifvdfl
The answer was first made here, noil Ml
abroad, in order to be intercepted when it iMI
2«»tJw«k.— a. But bow ia this poasihio, «ki
Mr. Mllyi whom yoa tliU treat at jour ftlfli
and aihen^Jor a Treasanahle Contpiracj/. A, D, 1723. [666
I fihuiild mistake his meanint^, I hope he fvilF
i^et me right) he was pleftseil to say, that per^
flona Tviihoui doors ^ruukl he apt to c^^i differ*
eiYt rf'ftec.iicjris on the |>ftrticuliir betiuviour of
evrry lord this day : That those who wer« for
rfefimf niratitrf* ii«?C€saary for me to trouWe
jmif tordtbtps with the reasons thalinduccd me
tu iliflrr with hint in opinion, and to give my
jiftfiu»e to the UtU now dcpcndinier het'ore un.
HI douH mtsundprslaod his lordship (and if
1 ■ I I- ■ 1 - -- — ^
aM for . 7 vtr himself, and ordired a
fiHiid lo r rs ? A. Forgery. Th»« is
•y ajiswftt ^ni;, ., ahaul thuiUiiig myself oh-
Ifid to account for all difficiiUie^. — Q. Hotv
nmf tUt- t<^]t»^r directed to Dubois, to t)e found
? A. Forgery again. They,
t f-re, kiioiT h^t who ordered it to
a ihiiher.— ti. How coold it be
t!io«c, v%lio, as you yourself ob*erTe,
what use to make of it?
, ■- -I u|Hiii it.— Q. But how
U»\ L the same seal, which was after-
[i a letter acknowledged by yourself
i owof A. MiuiiHierial forgery- I
I uoi'ihal thei*e huHbeen such a tiling,
f orj^inifooe seal from ihein^pre*-
This in my answer, — I viiJl
'. luuie nuetJiions, since we ai-e sure
ti»werto them ull, (weie they tea
' tbao those already uamed,)
id end in nothing but the same
*€au any little geoiust from this time, ever
nti rrpty to ihe most pt^rplexiu^ dilticulty,
I wltii) «o great a geoius bos, in his own ex-
' ifliplr, khewn the easy exi^^dient of havinir one
ibJ ihe i,amc word eonstaniiy at hand ? What
^ icfNuuiou i:an ever bervalkr touch any mortal
I M the lowest form, when a person ol exalted
' ' »ls h»^ Uuk'bt lilni to think it sufiicipnt to
lofanacci * v tlie ie()e-
I word, wl ("S neither
:iig either l«n mc invention, or
lit 4 ! tt P But) instead of envying
^ lMif|fMMr>^ iittd the irresistible force of such
I ttiaalBV 1^'^ V who Clin forbear lo wonder
liiii ^ iwi^r*or> *»udowed with such a fruitfulness
•Tit. trid auch a nimble vivacity of
V latclv so celebrated for unpa-
*i, could content himself with so
vjified a reply to every thing;
oji hi«i greot soul to a uietbod, which
open to the meant^t unden; landing,
ity laymanofthe uiOHt ordinary C»imcHv;
» may, ujiun the like occasion, eternally
t lui^ery, tbrgery. Nay, (what is per-
' in iho opinion of Hotiie) take any
f now left hchinii upon the bench»
eiti«^as mtan »nd contemptiblct a«
[or wiitiei^t of tins gredl man's
bave lalely invented for ihen», in
ike ttietr heroes di«itrestcbaracter« and
cause, — Take such an one,
mto ilieir idol's fhnce ; and try
}'MmwTah tii« Mme mieations, and see if he could
Ij •siaiii»r f tiCQ a charge with a le«« iuge*
or a Icsi happy variety of expreaatonf
^ llBti Una gttir«ck of wil and ciratory and (loetry
■ ll«t wbr do 1 meDtioQ tbatbecichi uuleMto
ilf TJfihappy bench I if lb« patnLiogs
Ilia
4
bestowed upon it hy some late hands lie naturat
anil jna — ♦* Uutiappy hpf»ch ! ahaadoned hy all
tlie graces, und the muse»>, nt thot moment
when Ihe late bishop of Rochester rf? moved
from it 1 Unhappy bench t forssikeu now by
all the wit and politeness which once adorned
it !'* — But as these strokes td satire have fallen
upon it, for virtue and our country's cmiu^, all
we of the laity, who love virtue and our coun-
try, will rather say, let the churmsof wil, and
song, and epigrain, perish, when justice niakca
itsdeaiands. — And let ii he an eternal glory
to that bench, to have joined in the open de-
testation and punishment of knavery, dissimu-
lation, perfidy to God and man, falshood to
word and deed ; and perjury, the deepest of
crimes against religion as well as society. If
such a conduct has led the enemies of the pub*
lie to speak meanly of them ; 1 hope, and dara
say, there is not one of them, who tsi not ready
to "reply, ** that he had much rather be repre*
seated* by $ucb, and upon such an account,
under the lowest of characters ; than to pur^
chase the reputation oi^ great abilities, at tha
price of ruin to his country, and scandal lo bis
prolession*" That good man \i bo now presides
iu the see of Rocbti»tcr, has experienct^d, in a
particular manner, the tnatevoknce of witleta
intiitisy. He is above it atL And it rs enough
10 say of him, what thousands in this city
know to be true, that he never had (I will not
say, a crime, but) a fault laid to his charge by
tnalice itself, litl he succeeded Dr. A, at Roh
chester ; and that through his whole life his
character has as far outshone that of another,
(now only so much extolled hy a few A as Ihe
charity aVid humility of a Christian, the ^wA
Judgment and sound Jenrning of a diiine, tha
exemplary labours and jirudent conduct, as welt
as useful preaching, of a parish minister, ex*
ceed the turhuleacy of ambition, (he flourishes
Qf wit or poetry, tlu* |>arty- management of an
heated brain, the flames of passion opposed,
and Ihe fatseuess of un aspiring spirit ungoverti-
ed by any thing but a miitaken cunning* If
any thing'of this seems too set ere, kl them an-
swer for it, who could find no other way of
raising their great inao*s character, but by de-
pressing that of lereater and belter ; or of pay-
ing Iheir honours to him, without scattering
abroatl their iuhiuious abusrs upon others.
♦* J rtfturn fWun tbi<« short di^resiiioi^ to tha
observation which M me lo it. And if any
on<Jnowask, how it came lo pass (hut no da*
fiflice rem»iined to a man oi unco nun cm inven-
tion, and abilities, but the one rejwialed excuse
of forgery ; there can he but one answer to this,
tIk. that guilt alone could be, out! theretbre was,
the true cau<*e of il : Guilt, — which cnei valea
all Ihe powers of wit and elcKiueuce:— iiudt»
which can briag dowti ihe brighial lo lUa
4
667J
9 GEORGE I. Proceedings agnind Bhhop Altahury^ [fl
the passing of this Bill, would be accused of
inalice anil partiality \ autl liiuse wLu were of
• coutrury seuliiucnls, vvoulJ Ue brnivdetl with
tdisaffection tn the (iresent bafifiy efit»blri<binei)t.
froTeling estate of the heaiicst \ — which can re-
uce a man of the finest fire, anil spst»kliiitf in-
5enuity« to a condition little aUovi^ tliut of the
nil and stupid ; and can force ti[*on n superior
[l^enius the necessity of stoopiug ^s luw^ as Ibe
[ lo«« est of common loortak !
*' But there is nnotlier observation, which hns
I been continually present to my mind, through
[ibis whole transaction, and ihrou£rh every Ktep
rot the bite Ilisbop's defence, * M he uas re-
] ftoived thai forgery should be his one oud only
g;e, it cannot hut he csteenaed a certain
of hi!i (juilt, that be nercr onte ebarf>-ed
Uj part of it upon K< 11 y ; but, on the con-
rarv, always seeiDeil solicitous, upoii ei-ery
I the leant occdsioti, to declare his absolute free-
I 4om from all suspicion of ibat sort.' And per*
I liapSf there may be more in this remark, than at
L first ibere seems to be. For thus stands it»e
J ca^* H e » as accused of h lg[h - treason, in cor-
ijesponding' \s\i\x the Pretender, and the Pre-
liender's agents. This correspondence Mas
[prOfed principally hv letters written, and proved
[la be written, in Kelly's b»mL Kelly nas
[ #wne4 to be a friend and acquaintance of the
LBishop*s. The marks and characters in the
ktlers were acknowledged by the Bishop, to
[pttint hioiself out pretty stron^fly. He often
[•aid, they must be written by one.' who narrow-
lly watched the circumstancs of bmiself and his
fwrnilj. And the Lords, at whose bar he now
I ilood, bad before, by a solemn jutlj^ment, de-
ll^lared themstlves satisFieil that those letters
(were the hand- writing: of Kelly. The plea
I then, which naturally otTered itself to the late
I Bishop ; and which must have bod its due force,
ind that a very g-rcat one, if it couhl not have
l|>eeo diapmved, v»as this: * My lords, no one
[is answeruble tor letters, ^ bicb' anutber may
^take upon him to write in his character ; unless
■ lie can be [iroved to have directed the writiiij^
I of such letters. Were it otherwise, the most
I Innocent men in the \rorld would be the prey
I ftnd sacrifice of the wickedest and vilest. These
[klters are proved to be Mr. Kelly *s liand-
Ivirnting;: and you have so judged them to lie,
[He was acquainted enoui^b with me and my
[family, to kuo^v and fmd out, ancJ mark those
(several circumstances, whirb appear in these
['letters to centre in me. t liave h«d no part m
ribeiii* I never dictated a sentence to Inm* I
I charge him with lorpn^f a correspondence in
Fsny name. At leasts as v'lur lordships have
f d»^clared liim guilty of writ lo^^ this treason ; I,
llrbo kiiommy own innocence, have a ri^ht to
I feat my cause upon tiiisi thai he wickedly
J frrote tnem, snd «cnt theut away, and received
^loswers to them, witlnrnt my firuiiy^ or my
ieariosT the least part in the whole. And!
hope, l am not aoswerable for what be, or any
•cquaintaoce of mine, might forge in ray name,
to help their own eauie, or to carry Vor ward
For my part^ I am f«r from ihinkiii^^^
considerations of this nature will have ihv 1
weight with any of your loiilshi|i8 ; andi
very certain, that f very one, whogire» his i
pui-poses uf their own, utterly unknown l»
me.'
** \n this indeed, there had be^o cnme \
and 1 will add, some strength toi> ; li Mr. K4
rould not have disproved it by a full di.«ci]T«
\\m\ %\ua lay so fairly in the way, that it f
not have been over-looked, or avoided
innocent mau. But when the hite Bitii
through bis whole defence, was seen cawtida
to g-uard Against even every distant in&inu
of this sort ; nay, to ftppeur anj^ry, if ever (
counsel for the Bill alle^eil that tf these left
wtre for;^ed, tt^must have been done by
Kelly ; and to cry out. No, no, — no
any thought of that w>rt : wheii, iiwte
^ which WAS the only natural plea,) the
ters were to Ijc loaded wiih every
whole mass of forgeries, though in I
supposition absurd, and in the execntiSIl
|»ossib!e ; and it was all to be deckre^
histcria) Ibrj^ery, antl nothing els« — wbeo 1
is the case, 1 say it mu«it presently raise IB
eni^uiry, w hence *cau this conduct urocad?
w hence could it be, that a peraoo, who codd
not but see such a ple« lie before him, sboaM
refuse all aid frojn that, and content biiafltf
with another; which is neither credible, ttor
|M)ssiblp^ considering- all circumstances? h^
with regaip<l to this enquiry, 1 can neither firnl
out, nor conceive, any other answer, ti
^uilt made the plea impracticable ^ tl
knew thai be was not innocent ; and iinu U
was justly afraid that, upon such a pnWil
charj^e ag-ainst Kelly, bis friend could notl~
silent, hut umsi inevuably declare the truth.
*^ in return therefore', to tlmt consomo
sedate assurance with which Mr. Keliy had i
leranly denied himself to have any snicb alT
a.H these with tb^ late bishop of ItocbeMff t
that llishop could do no less than avoid r.v.x '"^
slightest iiisiiniifllions at^aiost ao leentlexij.:
a Iriend, who had out-faced truth in *" '
some a manner^ rather than hurt his pnn
But nut only this 5 (tur this alone wool 1
!iave prevented a criminal from loaki'
of the only ijood plea in bis way ;) r
own danger made bim reject it ; and ihf •^''
consetpu'uces to bimsell' from liis m-l-^'Z
use ot it» presttntinir themselves to hjv
atfiij^hted bun from it. And that it t
nothing'' tdse^ appears from hence. If t
bishop bud known himself to have bt .
Cecily iuDoeent of alt such detii
be hud then notliing to tear i
of that circumstuoce of Keii> .> vinuug
letters, (already judi^etl so by the Lords) to 1
own advaiiU!4o ; and pleadiuj^ the gi-eat 1
cJ-ying injustice of bis sutferiuw" for what 1
ther, 8 professed Jacobite, had written
name, for the service of the Pretender *a call
And if Mr. Kelly had lieen angry at tbii,^
was uolblng to the pirUte^ (theu upon biai '
piiyjij
DOtM
ith.fl
I
0G9] UMid (dhers^for a Treasonable Conspiraet/*
OB this important occasion, has attended, with
the dfreatett care, to tlie evidence that hath
ben ipven at your bar, which is the founda-
tion of this day's debate.
The proofs that have bern brouc^ht to sup-
port the charge, and the Bishop's defence, are
lobe thoroughly cousidcrcd ; and ubco your
lordships pn»reed according to the rules of jus-
lice, you will nut fear, nor value any conse-
finoes which may attend the discharging .of
jiar duty. ' *
8s far 1 will venture to afiirnn, that the best
nj to shew our zeal to his majesty, and the
pMot givremioent, is, to act in all ca^es, both
■ oar judicial and legislative capacities, with
Hat honour and impartiality, as ought to flou-
ridi in this gfreat council of the nation.
A. D. 1723.
[670
a very grievous accubation,) who could
iceeive no hurt from his displeasure, if his
breast was free from all consciousness of q^uilt.
But if he felt within himself the stinvfs of guilt,
Ibeease was otherwise. For if he liad accused
Mr. Kelly of so gross a crime, as forging a
crininal correspondence in his name, antl to
bii destruction, unless detected ; the ^'oiitle-
Ma, who in so composed a manner hud
tncrlv denied his own band- writing, and in so
fnttAy a manner, had gone out of \m way to
Mad the late bishop more than himself, could
Mtbare borne an imputation of so much vile-
aw, as that of forgery to ruin this threat man ;
bit mast have lieeu provoked, (and justifioil in
khj all the world,) to have made the fiillest dis-
ttitfv of the whole affair : and this must have
nU in the utter confusion of his principal,
tbeogb in nothing worse to himself than \s hat
Vv already decreed a*;ainst him.
*' And therefore, it may unanswerably l»e ar-
(smI, iruilt alone made the late bisliop rather
cbnie the popular iiifl:nnin:i^ topic of iu;iiiblt;rial
^icfcedness, from which he hoped for some
■mil chance of good to himself; than that
wber plea, from which (not being innocent) he
Wdanthing to hope, but his own ruin, without
l^sdresi, or at»o!ogy. And, upon the u hole. —
k, who to<»k nut one of those methods of de-
Tctte, which innocence could not but have
tikea; — he, who throughout \m trial, chose
tee methods of defence, uliirh giiiit alone
^U make necessary, or plausible ; — he. who
wl DO reply lu make, but \« hat was always
-Wm from a gniss inii»ut>ition upon niini-iters,
^bich plainly appenrpil to bi>, i:i i;M>lf, ciiMra-
Vidian, and im|M>bsd)llity ; — sn<'ii an (mic must
bsesrteemed guilty ; or dsc, (as I ii i\c' hud oc-
^Mioii to observe, in other [laris of tiiis cause,)
hfaation and reality, trulli imd faislio>>d, for-
to^J and just e«idcnce, mtist be arcoiuitcd the
^Mt; and never he distinguishi'd from one
-jHlkerv io all judiriul alfairs ; which (-u:i end
h aathiPg but first confusion, and then the
iNri diasolutiou of all the IihU'Is of liuin-iu
liltlTANMCLa.'*
.f Hoidlej for a iwriud of a mile.*' Pope's
I could ha?e wished (he noble lords w!io
have given their reasons for the passing tliis ex-
traordinary law, would have entered into the
particular circumstances of this case, and con-
sidered it singly on its own merits: But in-
stead of speaking on that head, I cannot but
take notice, that they have wandered from
that (which ought to have been their oidy con-
sideration) into learned discourses on Bills of
this nature in general.
I shall not trouble this House with any ar-
guments against attainders. Many lords, of
greater weight and abilities than myself, have
already spoke fully to this |K>iut in the preced-
ing debates.
I shall only so far agree with the reverend
prelate, who spoke before me, that it is proper,
that such a power of punishing by Bill, should
be vested in the legislature, to be exercised on
extraordinary emergencies : But then 1 must
add, if ever that power is abused : if ever it is
employed to destroy innocent persons, it is evi-
dent, that the lives, liberties, and fortunes of
every subject in Britain are in the utmost
danger, and liable to be sacrificed to the fury
of a party.
It hasheen admitted, that every Bill of paina
and |>ena1tie8 is to stand upon its own bottom ;
and th«it the passing of one act of this nature,
is not to be brought as a precedent for the sup*
porting of another, unless there be convincing
evidence to enforce each case. And therefore
the proper contsideration .now before us, is.
Whether the evidence offered against the un-
fortunate prelate, is sufficient to induce your
lordships to believe him guilty of the heavy
crimes of which he stands accused ?
My lurds, 1 shall take the liberty of con-
sidering the whole proofs that have bet>n brough t
on this occasion, both by way of charge, de-
fence, reply, and rejoinder ; and though I own
m\sc*lf very uue<piul to this t;i<^k, yet, since no
other lord, who rouhl do it much better, has
undertaken it, 1 think it my duty as a peer,
and as an Englishman, to luy it before your
lordships in the l>est manner 1 am able.
The method 1 shall ulisprve, for the more
clear statinuf of the oasp, shall he to lay every
particular liraiich of evidi.M)ce before you, and
to flistinu-uish the several parts of the accusa-
tion, and consider them separalely, to avoid
confusion, and to be the more exact in what I
have to orier.
I hope, I shull have your lordships* indul-
gence f.>r taking up so much of your time as
this will reijuire : But 1 a«;sure you, 1 shall
endeavour to be as brief as the nature of the
thing will admit, and will intrude on your pa-
tience as little as possible.
1 must also desire your lordships will pardon
me, if 1 repcut several arguments that have
lK.'on used by the counsel at (he bar ; and if I
even mention some things which fell from ma
in the debate on Mr. Kelly's Hill, whose case
is very nuich interwoven with the present ; bo
that it is almost impossible to avoid it.
Before I go any ftirther, I cannot but say,
GEORGE I. Proeeedingt against BUkop Atterhury^ [672
deanery with the Bishop before he emhuiud.
There mre also two letters fouod in the Bithop't
dose-stool, from this ^enileinaii to hit lordshipp
whicli were read, and are only appointoieots
for visits, but iDPotioo notbini^ of this desi^ ;
and, I think, there wasacoachioau, that prored
Halstead was an hour with him some days be-
fore he left London.
This, my lords, was opened as a matter oF
great importance : but your lordiihips must re-
member, that the supposed design of Hal<(tead't
brining the late duke of Ormood into Enip-
lond, is only proved by hearsay. One of tbs
crew belonginsr ^^ >he ship in which he wesl^
has deposed. That it wa$ the common reportal
Bilboa, that Hdlslead came there on Ibl
errand.
How far common fame is to prerail, 1
submit : but if this hearsay were tme, ii
every person who was an hour with tbisi gfco-
tleroan before his departure, supposed to bs
privy to this project ? And what a straind
constrnction is it to insinuate, the bishop ofRs-
Chester knew of his intention, because be re-
ceived a Visit from Halstead, who was a teniot
under his bishopric? And this is the more ex-
traordinary, since it has not been so much is
pretended that any correspondence has pa*iai
between the reverend prelate and the bis
duke.
They then produced letters directed to one
Dumvill, which were decyphered. And Mr.
Willes was examined to prove, that they wcrf
rightly and justly explained.
'My lonlv. it very well deserves your loid*
ships' consideration, how far this kind ofefi-
dei>cu is to be admitted : it has appeared to
your lonisliipij by the oath of Mr. AVilies bin-
self, that it is an art which depends uponconjee-
tnrc ; for this gentlemau has confessed, tbat
every man is liable* to a mistake in tiiis,asweH
as in other sciences. He tells you, that besni
his brother decy phercr varied in one or tvro in-
stances: he allows, that the chasms, wbich
they were forced to leave in those letters, voiv^ ■
alter the sense of them. And, therefore, I eta- ^
not but think, that an accusation grounded oa
such proofs, is uncertain and precarious.
The person who is the decypherer is not Is \
be confuted, and what he saya must be takfi <
for granted, because the key cannot be prodnoid '
with safety to the public ; and cooaenuentlj f^
his conjectures be aiimitted to be evidence,) o#
lives and fortunes must depend on the skill aad
honesty of decypherer?, who may with safety
impose on the legislature, when there are no^
means of contradicting them, for wantof aeeiDf
their key.
Ny lords, in the case of Coleman,* the kef
was printed, as has been well observed by tw
counsel at the bar ; and 1 am verv much wot*
prized, that gentlemen of such abifities and hi*
tegrity as the members of the secret comnil-
tee (whO) in another place, were en exact as Ii
print the French originals with the tranriitai
tKo wi*^ ;*^^r crmw plainly prored against
jIw H^rh^r ti R.^coester, his sacred fanction
K.nr «;wv.r .«! '.Iitf Church would be aggravations
/> *hi^ 4-c X ^ at as this is certain on the one hand,
10^ At :N«f «(b«r, your lordships will require very
«i<it;- u^tivHislration, before yon can think it
^*«0ibiV for a bishop of the Protestant Church
. wh«> has sigualised himself in defence of the
Reformation, and the only one of tbat bench
^her^ he had lately tlie honour of sitting, that
ever wrote in favour of Martin Luther) to en-
gage in a conspiracy for introducing Popery
and arbitrary power amongst us.
My lords, the counsel for the Bill opened the
charge with acquainting^ the House, that it was
only to be snpporteil by producing of decy-
phered letters, full of fictitious names and cant
words ; they were so very fair as to confess,
they had not one living witness that could
charge the Bishop with any thing, nor even
so much as a letter under his o\vn hand ; there-
fore, on the first view, this manner of con-
demning, on such kind of evidence, ought to
require cor utmost caution, lest we should es-
tablish a method, which our enemies may here-
after t-ike to destroy the greatest and most in •
Docent subject in the kingdom.
Mr. Wearg cited two cases, which he would
wiUingly have us receive as precedents, to jus-
* tify the admitting of circumstantial evidence :
The one was the case of Ashton,* who was
condemned on^ circumstances only. But, my
lords, this was before the treasion-act was pass-
ed, which requires two positive witne<«scs ; and
nothicg could induce the legislature to pass
that law, but a thorough convictian of the
danger that might attend tiie admitting of any
proofs which were not positive or certain.
The second caso he cited, wusthatof ilarrlsonf
fur the murder of Dr. Clench ; and the Icarneil
gentleman tells you, that it was the pulling out
of a handkercbiel' that led to the discovery of
that murder. It is very certain^ circumstances
may lead to the discovtTv id' evidence ; but
must be well supported lietore they can be con-
verted into convincing prootk.
The first piece o\' evidence that was ofiered
at the bar, was the extracts of letters from
abroad, which this House seems, in some mea-
sure, to have declared to be immaterial, when
they did not so much as desire to see copies of
the' whole letters, nor the originals ; and even
admitted one to be read wbich was anonymous.
But it will not be improper to observe, that
through this whole correspondence the bishop
of Rochester is not named. And therefore 1
cannot see why they took up our time with
reading papers quite foreign from this case :
espeAfiully, since every body allows there has
been a conspiracj^, wbich is the only fact to be
gathered from this corres|M)ndence.
The next point which was attempted to be
proved, was. That captain Halstead went to
fetch the late duke of Ormond,{ and wis at the
* See it, Tol. 18, p. 045. f Ibi<i-
; See his Case, vel. 16, p. lOOU.
p. 8SS.
» Seek, voir, p. 1.
and oihers^/or a TreasonaMc Cmspiracy,
J Uitltbe world mi^ht see bow juKt ami
im like prober utors ol the plot wen?) tliti not
f lli« tutMictkm of the public, fienutt ut to
Itliekry id ivrmt. on the triiib of whidi de-
uch a chain of con<iequc!nces.
■ iiiyif«lf entirely is^norant of this art :
i 1 shonid be ?ery far from coodemnincf
I on my own conjecture, I should much
»4o it HD the conjectures of othen.
The gr<e«l4$fa certainty human reason knows,
I aMtbematical demon^traiioa ; and were I
fh% to your lurd^hif^t* b-ir^ to be trfed upon
• |ivp<witicin of fir Isaac Newtou*a which he
tfiai oaih should swear to he truet 1 would ap-
|ail to your lordships, whether 1 iihould not ue
vgovtly ci)(id«mnedf unless he pi-oduced hi&
iMmiBtrbUon, that I might have the liberty of
Wvirtng iutu the truth of il, from men of
iVulaltTn?
I cannot thiok any roan will allow e? idence
ll ibis nature to be good; but If iu this case,
nlating^ *o the decyphered letters to Dumvill^
jaor loriUliipK should admit ii, there is no-
llia^ mentioned in them that can affect the
InlMp, neither is be at all named in them, hot
ik») are only brought lo prove the conspiracy
bK«i«raJ.
The examinaiiona of Mr. Neynoe are the
A- B. 17291
[074
•at oointa that are laid b^'fore your lordships ;
^JBii indeed^ 1 must do the ^mli^meu at the
rilbe jttitioe ol sayinff^ that ihey forbore men*
BMf any thing of them when they opened
ftcnatg^.
"Tiey wen? jo sensible that such proofs
not liare the least weight lo nfl'ect the
•pY that thoug^h in the caseof iVlr, Kdly
ll^ were pt^uced ag^ainst him, as Tery roa-
IqmI to uipport that Bill, yet they did not
lUilt proper lo name them against tlie Bt-
ibopl which, I am thoroughly persuade*) is
•mag to what appeared at your bar by the
ration of Mr. Uingley, and the unirerval
\ whteh ev^v persim seemed to have of
ay of Mr. ^ej'OoeV transactions.
^loH«, these exioiii Options were never
llij tlio periou, neither was he ever exa>
I to th«f» apOfl OAtli : so that were they of
ikfid he a penon of credit^ they
'qoI be admitted to affect any person
, in any court ot' justice or equity, 1
m^o, that they co4ild nut be read ic-
\ lo tb« smct rules of Westminster*hall ;
oil all sides they cotdd not :
Y that no credit can be gireo lo
\ APj«ooouDt whatnever*
^arMMl was ctoaeHf confined, and conse-
' in the hands of th« ifovernmeot ; so
I bt was ai that time under the i^-eatestap-
'urh mi^lUf in Momc m^Lsttre^
I ipCAtcin^ truth, with that stn-
ann candour of which every person
bs maiiter, when he ii ejEtminod on
4 aiich nice nature.
Thonfli lb«i# papers were entirely ^iven up
" f4>r lll« Udl Vit tJ.P t>^^r^,\ of
iraaivfltndtbayar'
«li*tg» } and It
la.
.udi-
cant, the whole aocusalion falls to the i^und$
for the whole proof of the Bishop's dictsting 1
Mr. Kelly, depends on Mr* Neynoe-s tiare i
firrustioo.
The whole of what Neynoe says, or is son
poaed to say, t5, Lbiit Mr« Kelly told him h
wrote the Bishop's letters for Uitn : Mr, Kelly
di*nies it, and Mr. Neynoe was so consciouis
that he had been guilty of many crimes, that
he et^t^voured to withdraw from justice, and
the providence of Crod^ it is said, mtercepied
him.
My lords, if yon will consider the improtia-
hiliiies of this evi*lence, although it were upoB
oath, aud signed by him, it cannot be supportinlJ
He tells you, that he was entrusted to draw i
memoriafs to the regent ; yet none of tho
have been produced : and yet it is apparent tl
copies of them mi(rht with ease have been ob-
tained« if he had been as thoroughly pret«sed
to deliver them^ as he was to declare he wrote
them.
These memorials, he says, were wrote by
theorderof Mr. Henry Watson* whom he takers ^
to be the late earl Marishall ; and I amcertaiq
your lordships did not think that fact muttr
when you came to a Resolution, that the bisbo
^ Rochester should not be at lilierty to a^k, i
enquiry was made of the said Neynoe^ or if tu
gave any satisfaction to the lords of the coun«i
cil, touching that important fact of Watson's,
whom be took to be earl Marishall, \ym^ with
him several nights.
it was very well observeil by a learned \^
tleman at the bar, that nobody can believe th
bte ear) Martshai) vvoutd have repos^ an |
a confidence in a person who was enttreh
stranger to him, and of such little note ; and
tlie Jacobite party most be in a low condition
when they make use of such a creaturt to writ#1
papers of that importance.
There it so much improbability in this a
other points, and so much coutradtction la
sevei^l parts of his examinations, that they aj
pear to me, and must to a)) reasonable men^ i
the dictates of fesr, and not agreeable to trulb«l
He mentions, ilist the reverend prelate (roN
such 1 still may call him) had some fuvours j
offered him by the court ; but that cannot hm\
tru€, aud must be added to the rest of these ah* ^
surdities.
But, my lords, what in my opinion clears up
all these matters, and makes it impossible tops
me to give the least credit to this, or any otiter I
part of the charge, are, the several testimonie
of Bingley, 8keenc, and Steward.
I must observe to your lordships, that th«l
t^vo first penooa, Bmgley, and Hkoene, af«l
a*3tually now in separate custodies; and con-
sei}Uf.ntly could have no eommuntcation on«
with another. The third is at hberiy \ but Ins i
testimony IS ao thoroughly vnpptjrtvd by Mr«i
Gordon and Mr. Kynaston, tbul no doubt i
arise as to the veracity ai rt,
These, gentlemen, who are ui the hands
the govrrnmeoiy ar0 under hopes and fenrsfj
and thtrdWe, it is oertaiu. when they iprak a <
9 X
$7sr\
9 GEORGE Z. Proceedingi agoinH Buhof Atterimpf ffti
L hnqruMgt, which perhajM may be ^tta|preeaUle
I Id itioite on whom ll»ey al preseot cbiefly tie*
cod^ it miut be the snirtt of trulb that prevails,
Mr, Biogley was befspe us in the caie of
leity, and wm also examined at the bar of tlie
^Hotik.'! of CoinoioiMi, though not upon oath ;
4 ikouffh be his been wore Mverdy treated^
bt Im your lorilthips, and more atricdy
nfloeil since bi» firsi eicaminauoo, yd he hat
ttsted ID htJi story : and thoogii he was so
J at your bdr, nnd so many queatiooB put to
llimi, yet he uewr varied in any one ciroum
litance, Hut H(meared consifitent ihroug^U the
rhute course of hit behaviour.
I fthull not detain your lordships with re-
sapiLulatinif bi«t ubtilu evidence, for 1 did it
ferv fully on a tbrmer occasion. But your
florc)jihtps will retnembcr, he told you, Neynoe
ribouoiied in money , which Neynoe said, (afler
^' was apprehen<]€d at Deal) an honourable
mon (and on Hm occntiion, I hope, 1 may
lismehim), Mr. VValpole^ gave him : and more
mrticularly, he mt^ntions ^0/. which Neynoe
said he received the night before he went to
Frsncp.
liiupley toll your InrdBhips, that Neynoe
I bad aiisur^d him, he used to meet ihis ho-
ouraMe pt?r»oa in the Sioble-yard, at Chelsea :
ii»d^ my iordu, the errand ou which he was
oinir to France, was, lo discover some secrets
ng to cyphers, which he would have eu-
^ I Bingley to have done for htm ; snd par-
Bcuhirly, 10 get them, if poacible, out of Mr.
^ellV} which, he said, could he obtain, would
?of gfraatadvi: ' im*
That ^ieynof ed to bimi he would
> even with Mi. iv<uv, beJbre be was aware
_ rf' it, or words lo thst efleotr and that Mr.
* Kelly alwflvg snemed averse to any aoquaio-
tanco with Mr. Ney uoe, of tvhom lie entertained
a mrait opinion.
That Neyooc^s father refused him money ;
which makes it highly probable that his poverty
was the oocasioa of hi» villsiny : and that
when he was taken at Deal, be had dect.ired to
him/ Mr, Walpole eipected to lind the pint
about him ; and since Mr. Walpole could not,
be must make one for him.
Neynoe told Bin^lay, that this honourable
t 'A rowird destruction to the bishop of
. bv sayingrt He would pull down the
I' I i< «<i viii^ nanghty prelate j which is Ruffi-
ciem to convince your lord^titps how little re*
w... I ... ,k,t 14, t^ hmj IQ |j,e hearsay evidence
J wretch.
^nd I
n (as
• the same jiurpoKe, wbitih
same tatu*) bail been Isid
Wliii« tiiv partiiirut^nt.
Mr. hkcf^ne, who i<i also in ouilodv, has *le-
p*r%44, that be lay in the same h i
Nf'Yiioe, and bad some ctinvcraatlntis
T li;»t Neyooe butt told him, what he tiad
Slid of the bishop of ltoabiil«r wi
'' And,
That Mr. Walpole had
siderable annuity to turu
given him instructions, befbtv be isascaMia
to the Lords, what questiooa wnobl !• vM
him, and what answtznt he sli«ylil aibtv ud
tbreaiened him wiib Newgale if be mM M
comply.
8keene savs further, that Hcnim wwm
(and I hope the rererend beocb nil, m tmA i
case, petttiit me to refHfat the wm^), brtt^
there were two plots ; one 6f Mr^ WtliiM
n^uioift the protest in|( lords, and Mie tf lilll
bile Mr. VV at pule of money : and tbasmw
to be ttitf only time that ever Mr. firjtm
sverretl any thioer upon oath.
To convince the world, what a crc^liBrf 4b
Neynoe wsk, be tells Ske«ne luvtbcr, ibl
once St lord Towoshend^s offic^e, he had a Ml
inclination to have slabbed the cbaiicellor«1IS
exchequer. Re teHs you, that Neyooe ImI
wrote a paper to declare, that all h« bad M4
lord Orrer y was false.
My lords, the next witness was Mr, 8tew»i|
who was unfortunately in custody, wboo Nef*
Doe was brought to town from Dial. I
Sikeward says, That he slept the seeood ojfll
with Neynoe: that Neynoe had toW MB«
what he had said of the BWhi>p wasfblief ttl
til at Mr, Walpole bad offored him a gTcalmi
of money, if he would swear to what b^fli^
and turn evidence, which he declared haciraii
not do.
Tlmt Mr. Walpole had taken him lAt^lii*
ther room before he was examined, aod ttU
him whatfjueslions he woidd probably b« aMl|
and what answers he should grive.
He says, that Neynoe toldhim alsn^ ihstit
bad hkc to have killed Mr. Wali»vlr, sind 60 Ml
an end to the plot : and that Mr. ^V al(»ole M
^fcn him a paper of directions, which hswil
to answer, in order to be a witness agaJmi lbs
protest in tJT lords.
As a confirmation of his tettimony, SltwA
says, He told this to Mr. Gordon bdbre Mr.
Neynoe was drowned, and to Mr. Kynastocibe>
fore the meetiag^of the parliament.
Mr. Gordon coiiBrms this part of his evklaotfi^
and assures your lordahips, that be had hmi
it ^om Steward before the death of Neyosfi
And Mr. Kyuaston, a ^enttemau of an VI-
doubtetl character, lately a member of psfliB*
ment for Shrewsbury, has assured your lofrf*
ships, that he was acquainted isHli Utowaidl
account of Neynoe liefore the meeting of dfei
parliament : and adds this circumstance, Ibrt
whipii ill thi- Ap{iendix hti shv» those mx qtMS*
tbi he shewed them to 8lieitifd« *^bs
sec vd, and said, Yon se«| %, wbsl
1 told you IK true.
8uch concurring testimooiea IVoin pcfMH
kept so separate, and who are speaking' agliMt
their own private interest, miisi bava Iba
greatest weight, and must at leaai peeveiit tmf
utioDsl and impartial |)ersno frooi fnTtn« "^
least credit to the bare hearsay oC this f
Nevnoe.
if any doubt cotild reiiUkio» as li» Ibc i
mnd others fjor a Treamiahle Conspiracy. A. 0. 1729.
[67H
tieftioiooy, it \b sufiicieDtly coDfirmed
^ tbe persons brought to disproTe it.
^Tlie CKincellor of the Exchequer himself
\ not pretend to deny that Ne};DtHt told these
biogrsi bot oDfy adds other circumstances to
^lTiDce you of Neynoe^s ? illony, and assures
that at the time he was receiving favours
I hioi, be was thoroughly convinced he in-
ed to cheat him^ which was the occaaion of
I beinf appreheuded*
Te owned the traniiactions between them l^e-
iNeynoewent to France, sod particularly
I money mentioned by Biog-ley ; which are
ofs that Neynoe mu&l have disclosed these
aiooe they oouki not coroe from JMr.
I \ and he and Neynoe only were privy
Mr, Walnole has shewn your lordGhipn the
"' draugnt of the questions meutioned by
rd; and wlicQ be denies that part of
noe's dectai-ation relstiu^ to the instruc-
given bim before the esrarai oat ions, he
ns, he was twice alone with him $ once the
night of hts being brought to town, and
second time, when he gave him the paper
'directions, which might be foundation enough
r Neynoe to frame so ootorioos a fslshood.
The witnesses brought by the counsel for the
'II, to the chararter of Mr. Bingley, seem
to couBrm it than mherwise ; and all
\ they nevi'r heard any Ihtfig against liis
lily. They indt^d have said, he bore the
rof a Jacobite; and snttefed for having
hbel : Hut Mr. Ititron Gilbert, who
judge when that pnnishratiit was iu-
liii hinif has told your lordi>hips, thut his
mte hfe was not vilified at his trinl, and that
ilher perjury nor forgery were ever laid ta
door.
Though the punishment he suffered was tbe
" ry, yet it is the crime, and not the punish -
it, that makes the ignominy ; and for this I
Appeal to the learned judges.^
I order to destroy the evidence of Mr.
It, they produced one Fancier, who tells
that ^k^i^ne had revealed many secrets to
ting to the plot } and particularly of a
ctwst, which was collected to carry on
ppoeed designs, and support the Ja-
ites. But I presume every body who heard
two |»erson8 at the bar^ could not but re-
the steadiness with tvhich Mr. Skeene
ted these atseverations, and the confusion
which the other affirmed them.
Mr. Paocierseemedtodrop something which
itirely de&troys any credit that could be given
liim, bv saying, that he had owned to Mr.
oe, that lie was a friend to thisadminis-
tioQ r and yet has sworn » that after such a
slirution, 8keene had still perst^ited in his
ry, and revealed some part of this intellt-
noe to biro. How far thtsis probable, your
Mnos ai<e the best judges,
Jtfr* Fancier goes further, and tells yon, that
«* As to tbis, see Peake*! Law of Bvidtticej
« •! •; j^ Har^.Ot». lit. 6. b.
part of this conversation happened in St,
Jameses Park, in the presence of one I>nfoor.
This Dufour was iu the hands of the govenn
ment ; and ] cannot conceive why ive hafo
never seen bim or bis depositions, when it
would have been so easy to have brought this
corroborating witness Ki Mr. Pancier^a tei-
timony.
I cannot but think, that the not producing
this man^8 evidence, is astroMg cireiimstance lo
convince your lordships he did not ogree m tbo
same story with Mr. Fancier*
They also profluced Skeene^s attainder for
tbe Preston rtbelhon *. But there have bcett
many acts of grace since » so that be is capable
of being an evidence: and there has nothing
appeared to traduce his character as a man of
morals.
In order to shew your lordships, that Neynoe
could not possibly make these confessions to
Mr. 8keene and Mr. Steward* the counsel for
the Bill maintain, that they will prove Meynoe
and the prisoners were not together after' the
tirst night*
This, my lords, would be very materia] ; but
I thiuk it appearsi by the proofs brought to
support this assertion, that ihey frequently
have conversed one with another.
The tirst witness they called, was Mr. Craw«
ibnl the messenger, in whose bouse the pri«
soners were in custody 5 and, my lords, 1 can-
not but say, it seems very odd, they should
bring a man to swear he had done his duty i
He has told your iordships, that lord Tinioa-
hend had given bim orders, that Neyuoe should
be close confined ; and \\\ after that^ it should
appear, that he had negleried such directions,
thei^ js no question, but that ha instantly, and
deservedly, would have been removed out of bit
ennployment.
This messenger, in this situation, tells you,
that after the first night they never conversed^
to the best of his knowletlge : That Mr. 8keeuo
called Neynoe a rogue of an informer ; and
spoke in very hsrtl terms of him ; which I
indeed think it appears the fellow well deserved*
Crawford sayK, that Mr. Neynoe had some
paper, two sheets ot which he found missing.
He likewise swears, that Mr. Steward lay upon
the stairs; and owns, he bad at that time two
servant-maids.
Mrs. Crawford, his mother, swears, that to
the best ot her knowledge, the prisoners were
never together v That she kept the keys of tho
rooms herself, but used to send up the maid,
Hannah Wriifht, with the dinner. — Your lord-
ships will observe, that both this woman and
her son swear to the best of their kuowlcdgO
only, and are far from positive wrtnevses.
ftannah Wright, when she w*ii^ first called,
spoke in the same language with theui, though
she afterwards r*?collect^ herself better.
When the Bishop cime to rejoin, Fraoc!^#
Wood, Thomas Wdo*!, and Mr. Russiil sftte^
rally say, that this Hannah Wright hsd de-
clared to them, ihatshe utaed to let the prisottefi
coBverve together wlieiityer site bad an oppor-
I
I
I
I
I
I
I
6T9J
r* GEORGE L Proceedings againH Bishop AiUfhrn/^
[680
tanHT, whirli was «rb» Mr Crawford and hit
tuQUhtt were oqi of the way ; and tbat she
used t» staod iipoo the stairs and ffit e notice
whm any persoo came* that they miffht retire
inio their seterai rooms. Ard the other maid,
ti hose name is Christian, has deposed, that
Hanaah gave the kejr oif Neynoe's room to
Steward, and aereral times desired Steward to
flo up to him, and that tliey were together an
hour or more. And when Hannah was called
a sooMid time, she owned she was turned
away tor suspicion of having helped Nevnoe i^
his escape ; tliat she has left iiikeene's door
open, who liiv uear Neyooe; and that there
was a large bole in Ne^-noe's door, throog'h
which they might converse.
She said, that Neynoe gave her a paper,
which site was to convey for him ; but that it
was taken out of her bosom, and burnt by one
of the prisoners.
When Mr. Steward said, tbat he sat upon
Neynoe's bed the second night, and lay in the
garret where there was a imrdtion, but a com-
municatiiin between them, Hannah said, she
couki not be positive to that, but believes it true.
Mr. Crawford, when he was called to that
point, according to his nsual custom, denies
It to the best of his knowlec^.
Your lordships will now judge, whether the
greatest credit is to be given to tlie belief of a
BMMenger and his mother, who are swearing
that they did their duty : or to the positive
oaths of Skeene, Steward, Gordon, Kynaston,
Francis Wood, Thomas Wood, Russel and
Christian, confirmed by the confession of
Hannah Wright, when she came to be cross-
tnmincd and oonfronted.
This, my lords, concludes what has ap-
ptwed at the bar, relating to Mr. Nej^noe and
his transactions ; and 1 am pretty certain, every
Mipaitial body must agree with roe, that so far
fcwm giviag the least credit to what he says,
Ihcw have appeared such circumstances in the
naasagioni which are now come to light, that
imM Mtke the greatest caution necessary, be-
IIm we believe any other part of the charge.
\Mr bfdships will take notice, that Mr.
C^wfcidcoofaaeB Mr. Neynoe had the use of
«Mr« Md Iband two sheets missing; and
SMlh Wiight owns she had a paper from
Yi-L"^^ was burnt by one of the prisoners.
Hy^^» Ipds, andoubtedljT was the paper x^
Mi^t»lHd Orfcry, mentioned by Skeeoe in
1^ 4Md^ I aM now coming to the great
^Mh^Hb fiaaUMi remaining to support this
mL. w^ )ii««w*^ examination : for if hn
^^ip » MIW ka believed, which is the
" -■ I Ml ifirii^"*' — that Mr. Kelly
■^ aecirtirj. and used to write
~y, that the Bishop dio-
_i were wrote in Kelly's
_ Its Fnnce under cover
tlie Bishop
'when hflfeafter
Ibypoa-
^g^i^^Svlii^ SNil W^i
terity, it will stand or fall m this fiiei ihaU b9
strongly made appear.
They first read PlunkeU's cypher, and Mr.
Vaaradike attests it to be his baud- writing.
When this piece of evidence was ofiiMta, p«^
p!e were at a loss to know what tliey intended
to make of it, and little thought that ther
phould be drove to make use of Jackson, atano-
ing for the Pretender in that cypher, to ahev
tbat the letter directed to Jackson (one of the
three before mentioned, afiirmed to he dielated
by the bishop of Rochester to Mr. Kelly) wis
to tlie Pretender. I shall take notice of Ihii
extraordinary proceeding when 1 come to OM*
sider those letters : 1 shall only say now, Ikl
were Mr. Plunkett's correspondence to le »
gurded, the plot is of a very deep nature; ftr
he has had the impudence to insiniiata iit
most ridiculous aspersions against the graMt
men amongst us.
Three of his letters were read out of cyphir,
in two of which Mr. Johnson is named, tM il
Mr. Kelly ; but neither Mr. Kelly, nor tbt
bishop of Rochester, are allowed places in Ui
cypher, and consequently were not in aa si-
sociation with him. Johnson is only spskesf
by Plunkett, when he is mentioning dosMslis
news, and in no utlier than might w in swiy
news-letter tbat went by the gensral post
My lords, in order to shew tbat the Ibm
letters sent under cover to M. Gordon le Vht
were Mr. Kelly's liandwritmg, which thtf
very justly thoughhwas necessary to be HBifi
appear before they proved tbat the Bishop wm
concerned in them ; they produced a krtlsrif
the SOtli of August, which a clerk of the psit'
office swears was stopt at the general piit-
offioe.
To convince us this letter is Mr. Kelly's writ"
ing, Hutchins the messen^rer says, to the M
of his knowledge it is Mr. Kelly's hand ; ufk
at the same time owns, he never saw biro wrili
till after Ins commitment, and then he stood hy
him while he wrote two letters, one to wd
Townshend, the other to Mr. Delafaye ; tboN
letters were produced at the bar, and tbeit*
fore every lord in tlie House is as good a ju^
of the similitude as the messenger, who bii
lately been restored into fiivour; on wbstso-
count I cannot tell.
If Mr. Kelly, dtiring his confiueoient, oooB*
terleited and disguised his hand, then fhe mst-
senger's evidence cannot be of any weight}
and if he wrote aa usual, theu every persoo ii
equally capal>le of filming an optnion of id
who sees the three letters.
The next witness is Malone, who aweaiSi hi
has seen him direct letters, but can't tell bov
long since be saw him write, nor how often.
Tbs persons who contradict this evidiie*
are so positive, so clear, and so concurnog *
their testimony, that no doubt can rise npsa it
Mr. Bingley, when he was shewn this IcHtti
swears it is not Uke bis hand- writing.
Mr. Brown, a peruke maker, well vcrfi*
and acquainted witn his wriiing, when ht iMi
•hcwB the letter of tba SOth of Avgmg aid Ai
nd oihersfjbr a TreasoTiahle Conspiracy,
A. D. n^x
by the counsel for the Bill (so
I not know what pa per tt was be-
t«irs, tt 19 ntii his lian*! wriiinfif.
r to DeUtaye wfts produced, lie
WOB his hund-writing : when
r wm siiewHi (I think it w&s the
cles) he Haid« that was more like
|i»g than that of the eoth of
be did not beliete it was wrote
md vvhen they questioned him upon
i> tofd Townshend, he a wore it was
'a hand' writing',
keriu^, who had occasion to know
y*g hand, havitii; lent him some
d ret*?i?ed several notes and letters
iluiia^ that trausactton, does agree
nrowri iu every particular and inost
poorofitance ; which is a clear and
oeff that this letter of the 20th of
m not wrote by Mr. Kelly.
Rerence which tbey tell your lord-
' abterTef between the cut of the
bat of the ^Oth of Aug^nst^ and the
that cue is longer and straiter, the
r and shorter : which is ubvious to
it will look on both, and is a cod-
bdr f eracity,
cutors ot the plot raig'lit bare
etier, and not have been ilrireii to
^ of a messeu^er to support thiit
iioQ of their chorg^e^ It is noto-
■rvh tb(?y have made for erideoce
and as Mr, Kelly was educated
Ihey luigrbt easily have found ere*
\ to that point, if those letters bad
r by him.
ia«e of similitude of hands, when it
le tooet clearly and pofiti?ely proved
trial of colonel Hidney, it has been
a be Cftiel, tliat a man should be con>
mob kind of evidence; and the at-
ihtt ttiilbrtuiiaie f^eotiemaii was re-
that reason*
ay'n trial, his bankers swore, they
Ij^ bills drawn by him in the band-
p were ahewu, and no persoos could
and yet the sentence against
I blemi«h to that reign.* The
bief justice Huh, in the Case of
used U) sdinii it; and the Ion I
^fft OQ FraQcia*a Trial|^ followed
give me leave to say, there is
III U Mr« Kelly's hand, and
\ ^It90i t*isi it t>t m*U Thttrefore,
der MO ei^uitaMe, juiit, atrd i»appy
lit. can never convict a roan, m
t liborlyy on such insufficient coo*
iQcedtlie Ihrei* letters, which,
ite, were wruU* by Kelly,
the Biabofi, wbicb were men*
fore^aoil wbiolt were aworu by
! voL Q, p. 864.
, vol. U, p. i«»t.
»Y0l* 15, p. 1)98*
the clerks of the po9^offioe to bare been sto
going to France,
The Bi:ihop desired to ejcamtnethem relntrti
to these letters bein^ detained, and would fait
have known who took them out of the mailiil
this he thought wns proper for him to demendf'^
since he seeme*! to insinuate, that he questioned
their ei'er having been in the post office. Quf
your lordships would not suffer any enqui nr
to be msde on this heud^ and voted it incoa*
sistent with the pttblic safety, and uouecestii^
for the defence of the prisoner, to perniit i
further questions to be asked iu relatioit to th
important affair.
These honest gt'otlemcn, the clerks of tbt ^
post-office, have deposed further, thai the
papers produced, are true copies of the originals
detained by them ; though, at the same time^
they COD less, they never examioed them alter
tbev had copied them*
*tbey positively swore further, that the ori-
ginals were of the same hand with the tettef
of the ^Oth of Augost, though they alfirm
this barely upon memory, never having marked
any letter in order to know it again : aod one
of them declared u|K>n oath, that he did not be-
lieve there could he such au imitation of Kelly *t
hand ns could deceit e him ; though the whole
House agrees, that bauds may be counterfeited
wo as lo deceive the men that v^rote them.
Tiiey own, they never compared two original
letters between the 3(Hh of April, and S'ltb of
August, though tbey nught have siopt a let-
ter oue post, without prejudice to the govern
ment, in order to be more certain in tlMir i
dence.
Thus, my lords, should this Bill pass, tbia
great man must tall by the depenaauce ihb
fiouse must have on the memory of these
clerks.
Mr. Lewis, who baa long served in the i
cretary** office, tells us, that frequenily lette
and seats used to be counterteited : and, in m*^
more particular manner, by one Brocket, who
excelletl so much in this art, that be has cheftt*
ed many persons, Vkwi has so far deceived tbem,
that ihey liave not known his copy from their j
own originals.
When these letters!, thus attested, came ttf^
be read, they are in cypher; so that it must
again depend on the honesty of a decypherer,
before they can pos.«iibly be made treasonable.
Mr» VVilles declares, they were truly decy-
phered accordin»^ to the bt^sl of his judgment
and skill ; aiiu more particularly, that the
number 1378, which in »uli»tcribed to the third
letter directed to Jackson, stands for the letter
IL But when some lords a^ked him a ques*
tion, which, perhaps hsd he auiwered, might
have proved him to be under a mistake ; he
refune^ to give an answer, either in the afflr-
mulive or negstive, for fear of revealing hta
art ; your lords Kipy thought proper U^ prevent
any further cro:^- examination of this gentle-
man, by a Refcohition.
Mr. \ViIles says, be shewed these letter* de-
cypbered lo my locd Towashcnd, before fat
and others, Jbr a Treoianalle Compiraey* A. 0. 172S*
I to I
t conceire that ftny things can he laid to this
e*8 charg^e.
I it is eridentf that the Bishop did dic-
ftilef^ed, I cannot think any of your
?«can vote him gathy according to the
justice ; for do man \a siife either in hi«
rly or fortune, if he may be dejirived
er, on account of a correspondence in
it do4;s not appear he was concerned*
I your lordships shoutd so far credit the
rious evidence at your har, as to betieve
I and lltioErton stood fnr the bishop of
yet unless it i« plain that it was
I bis privity, it is certainly inopofisibte tliis
I shoalri pass : and if it ihould, it will here-
"« in the power of any two men, one at
and one abroad, to ruin the most inno*
person^ by entering-, without his know^
By into II correspondence of this nature,
Ue being named in treasonable letters be
e, though it does not appear it ^^as ivith
r privity of such persons, 1 will submit to
ar lord's hips, how far men of the greatest
a the present establishment^ are to be af-
[ by Mr. PlunkettS insinuations.
kmaa oug^bt to suffer for the suggestions
'Tier person, unless it appears he has ^yetx
bunaation for them. And, in tliis case,
It not be most extraordinary and most
I to punish this rererend prelatei for a
> whicn there is no proof he erer com-
I mean, the dictating^ of these letters.
f, on the other hand, the nnfortunate cir-
ances of his affairs hare furnished him
\ meaos of shewing', beyond contradiction
t lie could not be concerned in the letters of
20tb of April ; that for a oonsiderabfe time
^eould not see Mr. Kelly; and that there
ver was an intimacy between them : then,
r lords, 1 hope, every man who f^Tes hia vote
f the rejectiot^ this Bill, has the strongest evi-
i of his side to support his opinion ; and
I Dol l»e nfraid or ashamed to own it here,
ftr any where e\f^*
\ This part of the evidence beinif of i^eat con-
Hanence, f must be^ your lordships' attention,
Hkilflt f recapitulate the heads of it, as clearly
^od distinctly as possibly 1 can<
The first witness they called, was Flower, a
iirmsn, who swears, that he carried Kelly
or thrice to the deanery ; but that the
1 never at home, and consequenlly
i faim* His partner swore, he had
I him, with Flower, one of those times,
i next person produced, was a porter, one
who deposed, that he went about
kiiitmaa was twelvemonths, twice, with iue«>-
I from Kelly to ttie HIshoM : the hsl t*f
cb times, h€> ' i'>rUin{i^5^
that the Dishop - ^nve his
iervice to Mr. Johnsoti, aufi thanked him for
koM present.
Mn Kitburne, at whose house Mr, Kelly
Me<nl sa} 5, that, once a servant came from
llie Uisbop, to know how Mr, Johnson did, and
trss aorry be could not have hi3 cooi^iany at
William Woixl, the Bishop's coachman,
says, he opoj stopped in Bury- street; bu4
doea not know for what ; and that the Bishop
sent a servant some where, who presently re-
turned. And,
Lloyd, who keeps the Star and Garter in
Palace-yard, baa told us, that Neynoe once
came to his house, and told him, he staid for
in ingenious e^ntlemun, who was gone to the
bishop of Rochester's houae.
This, my lords, is all the proof they oflered
of this intimacy ; from which they would
infer, that the Bishop dictated these letters,
and is consequently guilty of the crimes laid to
his charge.
If your lordships consider what was pro«
duced on the other side, I am sure you must
agree there is no foundation for this a^ierttoD.
Mrs. Kilburne denies, to the best of her
knowledge, that the Bishop ever came to her
house, or that his coach ever itopi>6d there, or
ever was sent for Kelly.
That Kelly did not go out of town, from the
time he came from France, till he was taken
up, the 19th of May, and never lay out of
her house one nights
This, my lords, was confirmed by her maid
Antm Ellis.
Mrs. Barnes says, she never heard of any
massage from the Bishop lo Kelty, nor ever
had aay conversation with him about tba
Bishop.
William Wood the coachman, nho lived
with the Bishop four years, has declared, thai
the biyhop of Itochester never sent him with
his coach to Bury -street to fetch any person
from thence, that there was no straiit^er at
Bromley for a fortnis|[ht before hi*^ bdy died,
which was the 26th of April ; that nobo^fy
could come in a coach i»r on horseback, but he
tnu^t know it ; that he never saw such a
[>ersnn as Mr. Kelly, till be was shewed him ai
the Tower ; and that the Bishop went ill of
the gout lo Bromley the l*2th of April, and
did not return to London till the 7lh of May.
M alone, Mrs. Barn(>s*s servant, says, \hiit
she never saw the Bishop, or aii^ of his ser-
vants, with Mr. Kelly.
Thomas Grant, who haa been the Bishop^a
servant nine years, has ^^jpclai-ed, tliat the
Bishop went to Bromley the 12th of April very
ill of ilie gout, and that no stranger could
come to him, from the time he ^*ent to Brom-
ley, till after his wife's death ; that one or other
ot the servants always sat up with him ; and
that no person could visit him, but they must
know it; for they were either in the same
room, or the next room to him : and that no
stranger, except Dr, Aldridge and the apothe-
cary, came near him. Grant says, that he
was forced to ^q to town to attend at rlie West*
minster election of scholars on the 3tst of
Aptil, but left Beauchamp there, who cam«
down for that purpose on the 18th.
Beauchamp and Steen, who wei^ the fvro
servants tJiat attended with Grant» swear tht
•aoic thfi%^.
I
f
I
<J87]
9 GEORGE L Proceedings against Bishop Atterburgf [6B8
Susannah Harrey, Sarah Jones, Thomas
Varnden, Elizabeth Higgtnson, and all the
servants agree, that they never heard of any
person by the name of Kelly or Johnson's
being ivith the Bishop. And,
Mrs. English, who took the names of the
Bishop's visitors for many years, does not re-
member, that she ever heard of sach a person
as Kelly, or Johnson, And f doubt not, but
that every lord must allow, that it is not possible
to liave a more clear, a more strong, or legal
proof to a negative than this is.
I must observe to your lordships, that most
of these servants have been in strict custody,
and severely used, particularly Famden, and
yet your lordships see how unanimous they
are in their evidence : and their testimony b so
positive, that 1 cannot conceive any person can
suggest there was the least intimacy between
this reverend prelate and Nr. Kelly ; and much
less, that he could be with him to write the
letters that are dated the 20th of April.
Mr. Reeves did, indeed, so far agree, as to
be of oninion, that they might have been wrote
the nth of April, which was the day Kelly
came from France: but, my lords, Mrs.
Barnes has deposed, he went to bed the minute
he came home, and lay there for a considerable
time ; besides it is improbable that letters wrote
the 11th, should not be sent till the 19th. But
if any further argument was necessary to con-
fute this absurd supposition, the earl of Sun*
derland's death is mentioned in the letter to
Chivers, and that noble lord died the 19lh ; at
which time it hath been proved Mr. Kelly
was not with the Bishop.
The bishop of St. Asaph did at first pe-
remptorily contradict one part of Mr. Grant's
evidence, by saying, lie had received a letter
from the bishop of Rochester, at the time
which Grant has sworn he was so ill of the
gout that he could not write.
His lordship positively affirmed, that he re^
ceived this letter on Saturday the 21st of April
in the morning, and saw Grant in London he-
tween twelve and two : but when it was proved
that Grant did not leave Bromley till the even-
ing of that day, and that another person offi-
ciated for him as butler in the deanery, by
reason of his absence, then the Bishojp seemed
to think himself under a mistake, and allowed
it might have been some time belbre.
His lordship owned, he never received a
letter from the bishop of Rochester before nor
since, and therefore was a stranger to his hand.
I could have wished this reverend prelate
had rerollected himself more fully, before he
bad i^iveii his testimony in a matter of this
great importance to one of his brethren.
There was another witness examine«l, which
was Crof\on the shoe- maker, to prove, that
Talbot (who was said to have received the
three letters directed to Gordon le Fils) was at
that time in London, when he was 8up|iosed to
have been in Boulogne. Crf»Aon swears he
•aw him in towo the 29th of April, and proved
it by his book.
There was another pcnon called, wboie
name was Donner, that deposed, Gordon owned
to him the receiving of this packet ; but an
affidavit was produced from Gordon, in which
he denies it. Donner's evidence is only hear-
say, the other is positive.
My lords, the counsel for the Bill pro-
duced some papers which were taken b the
Bishop's custody when he was apprehended
and endeavour to draw very ill-natured aii
forced constructions from them.
The first was a letter from the dnehcM ^
Ormond, in which she acquamts him, " UmI
she had something to send him, wbioh iht
could not trust to a better band ;" or woidito
that effect. And this they would pretsid H
insinuate, were some treasonable papers.
I appeal to all mankind, whether it ii Mi
very extraordinary to suppose, that the BUif
should be presumed to convey a traitorow ev-
reniondence through that channel. Evoy
body know.H the friendship which was betvoi
the reverend prelate aud that family ; ami il
is not surprizing that this unfortunate h^T
should think him a proper person to wam^
and entrust with her own affairs. Thereftre I
cannot think, that these general cxprssam
can at all affect him.
The next they read, is a paper found, «
pretended to be found at the deanery, tab-
scribed to Dubois, but without date: in tkii
the person who writes it, says, He reoeivsdi
letter by BIr. Johnson, to which he letand
an answer in his hand.
The secret committee, at first, appieheiiM
that this was received by the I^bop ; and tkai
it passed, till upon seizing a letter wrote in Ibt
Tower by his lordship, they found a similitsrfi
in the seals, which immediately enlighteael
them, and then it was presently said to bare
been wrote by the Bishop.
They then wanted to fix this to be ths
Bishop's own hand- writing, and they cmU
find no other way of doing it, but preteodiof
there was a similitude between the E's in dlii
letter, and those which the Bishop geoenVf
used. I believe it is the first time Uiat ever
such an argument was brought to prove thai
the whole letter has been wrote by a penoo:
much less was it ever pretended to be offeic'
to a court of justice against any prisoner wbil-
soever: but I believe, there is no msD ac*
quainted with the Bishop's band, but sees it ii
not wrote by him.
They would also affirm, that when io tbii
letter the Bishop is supposed to say, that b^
returned an answer in Mr. Johnson's baodi H
must be understood to be his hand-wrttiDf:
which, I must confess, does not at all appctf
to be a necessary conclusion ; for he niigtt
deliver his answer into Mr. Johnson's bw
which, 1 think, is more natural to suppose thil
the other.
Your lonlships must judge, how impiobsH*
it is, that the Bishop should keep such a M'
by him, which he wrote himself; or that wbc*
such care ii Ukeoi •• the pramlgti of iki
and othentfor a Treasonable Conspiraci/,
thecnselres say^ for preretitin^ any per-
*» discofering the iniimacy bt-twecn Mr
My and htm^ such a secret iihoyld be trufited
ivrilini^i and eTcn wiUioot u cyj^er* — The
liro seals t? bich ga?e this turn, are Cicero's
jMclSf whicti are rery comiiiOTif and are to
fguiid every where. They are one broke,
other ^hole, which must make it ?ery
fficuU to jad^e of them t and it 19 allowed^
t. At best, it IS but precarious eTidence.
[f Mr. Neynoe speaks truth, ivhrn he said^
Bishop had notice of the storm that threat-
Ifd himt I am certain, that this paper, If it
lid have been aii^tr^tiended ut' confiequencei
lid hftfe been destroyed : but^ I beheve, it
B itnposstlde for him, or any body else, to
»k it ahoiiht meet with such an eii>1anatton.
The next letter they prod need » which they
'lied to think material, was that whitjh was
led on his servant goingf to Wr. Jllcirrice:
Ibiabesays, that the evidence of Piunkett,
' tbope prople, could not affect him j but as
does not mention Mr. Kelly, they would
ift it presumL'd, that thi^ is a proid^ that
elly could have said something of htm.
t,'( think, this mutt appear to be a Tery itl-
itured assertion.
Your lordships will consider, he was then
titinjB^ to his son-in-law ; and therefore no
fat accuracy was necessary.
In another place, he says, that if they im-
icbed him, he should remain iti prisoti for
me time; and this they would decypher to
i an implication of hm f^uilt.^ — Butf in my
opinion, it is the reverse : he seems to
^y^ that if the Commons should he induced
•end up an im|i^uchment against him, he
salislied of his own innocence, and
rdahips' justice, that lie thou«^ht the
eut till hiii trial would be the only
Tortune th;»t could attend him. The ex-
iple of the earl of Oxford was recent in liis
y, and might justly create in htm a fear
uQderp>ing a Iohj^ imprisonment.
[It ia obj^'Cted, that he, in this letter, makes
protestations of Ins innocence : but if you
i1 consider he writes to Mr, Morriee, I be-
e ever}' body will agree, that such declara-
IS were not necessary.
Mr. lioyer's attainder was read ; but it dires
appear, that the Bishop had any corre-
tpoudeoce with him ; therefore I cannot con-
Efve why we were troubled wtth it.
My Icmis, I have now gone through the
kole evidence that is brought to justify this
extraordinary proceeding, and must oraerve
Mie atept that nave been taken to procure all
Ibe poaaible meant to work the destruction of
ffTcal man.
You have seen his very servants confined,
10, it does not appear^ were g^iUy of the
lil glimpse oCtresaon.
ll^wson, a baker of Bromley, who appeared
ijour bar, has been employed to examine the
rsous in the Bishop *8 neigrhboorhood, in order
liiift the least particular that could amount
lire shadow of ft prot^f ; and went f 9 far, at
to otTer Wood the coachman the wa^esthtt
%vere due ta him, if he would have gone the
lengths that were required.
Mr. Biiia:ley told us in the Case of Kellf
(and as it has not been disproved, it is to b#
taken for granted), that a warrant was ^hewn
by the messeng'er, signed by a secretary of
slfite, to carry him to Newgate, which he wat
told was unavoidable, unless he would own the
letter of the 30th of August to be Mr. Kelly *t
hand -writing : hut it appeared ttie next day, t^
he nothing: but in order to leriify him.
Mr. Kelly himself has told your lordshfpt|
(hat Mr. Delafaye offered him hisoviu termt
if he woidd have turned evidence: audtliis wat
done to destroy tlie bi!>hop of Rochestifr ; or^
to speak in the langruftge mentioned at your
bar, ** to pull dqwn the pride of this haughty
prelate."
Your lordships may remember, that Mr.
Wearff objects to the Htshop's servants, l)ecause
two of them had era pi ay men ts, as appears by
his tordslu'p^s own letter : but, uiy lordsj when
they were examined, they acquainted the
House, that it ivas upon the readinfi^ of the
Report, that they recollected the Bishop's ctr-
cnmstances before the death wf his wite. Ami
if every man who has a place under the Bishop,
is not to be esteemed a free a^ent, when be it
upon oalh, I hope it will be allowed, on the
other band, that those who have employ men It
under the governinent, ougfht not to be ad-
mitted ; then al! the %vttnesses that have heeA
broujK'ht to support ttie Bill, from the decy-
pberer to the messensfer, will be discredited^
and the whole prosecuti^tn must fall to the
ground-
My lords, it has been a hardship that htJ
attended the Bishop, that he has beeti forced to
profe a negf alive ; and the difficulty has been
the ttrong-er upon him, that your lordBhij>s
have not permitted Mr. Kelly to be examined^
as was moved by a leanied lord, in my eye;
and if the gentleman had swoni what he* so
solemnly affirmed ai your bar, relating to this
affair, I canH conceive we could have bad the
least debate.
The nMe lords who appeared the most zei-
Ions in this prosecntiun, were those who up*
posed the examination of Mr. Kelly ; whicb^
in my poor opinion, is* a strong ai^umenlj that,
if be had been hrouffht betorc us, he would
have persisted in his declarations of theBishop't
innocence.
The reverend prelate has desired of any lord
in the atlministration, find even the hooourablc
person who appeared at your bar, to declare,
whether any one single person hud cliarged
hira (on their own knowledjje) of being- ipiilty
of any treasonable practice. And it has*.,;-
peared to the contrary : therefore this whole
chari^e is founded npon the slight circum*
stances and improbable innuendoes before- men*
tioned.
Another offjectioii, which has been raised, it»
that Mr. Kelly made resistance, when he was
seized, till he* had burnt tomt of bi& papeft :
2\
I
I
691]
9 GEORGE I. Proceedings against Bishop AtUrhury^
[692
hilt, my lords, 1 flon*t see any reason to lay tliis
to the charpre of the Bishoji.
Kelly is to answer tor his own actions, and
\» unfortunately like to sufler for them : a per-
ftoii of his a^:e might have many letters in his
custody, which he did not care should be seen,
and yet (»f a different nature from a traitorous
correspondence.
After this evidence is considered, I cannot
think your lordships will establish such a pre-
cedent, which hereafter may be employed to
ruin tiie pfreatest amonprst you. And if ever
l;i'reaft(*r, pains and penalties are unjustly in •
fl.cted on any person, posterity will derive the
ori;>iiial of such Bills from the proceeding's of
thi« parliament; and what opinion will be
framed of us, should this be p:ifcsed into a law,
I submit to every impartial person.
It must be left to your lordsdips' considera-
tion, which will be ot most fatal consequence to
tile public, the leaviiiir this precedent (of cou-
deDinin<i^ on such kind of evidence) like a sword
which } our eneniies may take up when they
please ; or the banishing' the bishop of Ro-
chester, in the evening: of his days, who alone
could do, in his sint^le person, no prejudice to
the constitution.* If he were inclined to over-
turn it, as hiff enemies su(>^gest, he is in a better
situation abroad thau at homo, to execute that
desi«<[n, and direct the counsels of the dis-
affected .f The ruin of one nmn will not heal
the wound, that the passing of this Rill seems
to make in the (g^overnment of this kingdom.
It has been said in the debate, that the
Bishop outfht to have made ])rotestation$of his
leal for his niaj&sty and his family: but, 1
think, he took the most ready way of perform-
ioff his duty, when he shewed himself innocent
ot the crinies laid to his charge.
If he had made use of any expressions,
which those \quU blame him for omitting, the
same (>:ood- nature woulil have called it hypo-
crisy; and those who are displeased with his
silence, woubl have accused him of insincerity.
My lordsi, this Dill seems as irregular in the
punishmeuts it inUict», us il is in its ibuadation,
and carries with it an uuuatural d<*^rec of havd-
shiu.
It is felony for his children to correspond
with him : and in this circuuistance, it is dif-
ferent from the only Dill that carries with it the
least resemblance of this ; 1 mean, that for the
banishment of the earl of Clarendon.
The earl had flown from the prosecution, and
retired beyond sea. The charge against him
viere, prmci|)ally, for advising^ a standing
army ; and another article exhibited was,
* This passage, as exhibited here, is but
awkivardly constructed. Of statesmen, who
after impeaching others have been tliemselves
impeached, see vol. 8. p. 127 ; vol. I], pp.
i3^ (33J ; vol. U, p. 1394.
* See Mr. Uttflethorpe'bS|ieec]} in the House
•f Coiumuitf, N«w IVl. ditt. Tol. a, p. tin.
" That he had advised and procured divert of
his majesty's subjects to (»e iinprisoocd against
law, in remote islands, garrisons, and other
places, thereby to prevent liiem of the benefit of
the law, and to proilure preccdetitM for the im-
prisoning any other of his majesty's subjects id
like manner.''
The 7tli article against him wa^, *■ That lie
had, in a short time, trained to himself a greater
estate than can be imagiiii>d to be gained U»-
fully in so short a time : and, contrary to fail
oath, he had procured several grants under tiie
great seal from his mujesty, for himself, and
his relations, of several of his majest3''s \mk^
hereditaments and leases, to the dis^troQt of kr
majesty."
There need not have been any witncnaif
these crimes, for they were apparcBt ; hI
ever3r body knew that he was prime rotniilcr:
yet sir Francis Goodier, upon that debate in tbi
House of Commons, declared the seotimaiii
which I expressed at the beginning, " Tlittbi
was not against proceedinir, but unsatisfied to
do it without witness, it being like swearing id
' verba magistri.' "
Another great man, unon the same queitioD,
and an ancestor to a noble lord near me, wA,
" That if the parliament set aside law in thii
case, we should be happy to see la\rdeclariBg
the power of parliaments."
The punishiiieiit for corresponding with thi
earl was high -treason, and then two pofitift
witnesses were necessary to convict: but, is
this case, one cf»rrupt, terrified, and perjured
]>ersou may take away the life of the most in*
nocent man.
There is another great misfortune which
thi^ Hill brings upon the Bishop, which iS|
that he is incapable of receiving his mijes-
ty's parduu. This, my lords, is an eutrencb-
ment upon the prei-ogative. And what mint
make it the more severe in this case, is, ttitt
his majesty's inclinations to mercy (which trt
the distinguishing characters of his life) vt
stopped by this law, which the unfortunate pre-
late might have hopes of receivius* when be
had merited it, by u dutiful behaviour to the
country that had scut him to wander abroad in
ixili>, and by his futui-e conduct havecontirm*
cd, if pobsible, ttie eudeiice he has given of bit
innocence.
Aly lords, in the case of the earl of Dsnbfi
your lordships have declared, that his banisn-
mcnt should be no precedent, nor drann \^^^
example for the time to come, and have lioen-
tereil it in your Journals.
It has lieen proved, that this reverend prel<^
was dt the time that he was susj)ecte!l to b*
acting in treason, engaged in studies of tbs
most high nature, which is a circumstance tb*^
ought to have some w< ight.
It' this Bill piiss into a law, such evidence i>
estabtibhed, aud &ucli a method of procecdisf
iutn)duced, as must eifectually render all tb^
is dear to us precarious ; and if ever, heraiM
we should sec a wicked administraiioD, i^P'
ported by a corrupt insj'>iiiy in pnriiinnnS^*
end othersyfur a Treasonable Conspiracy. A. D. 1723.
[694
in these times of liberty, will he a
'ecedent to cfive a colour of justice
sof tbose who should be wauton id
'end prelate, who spoke before me,
me casc»- relating to bills of attain-
in my poor opinion, differ very
our present question,
ider of sir Jobu Fenwick was only
c want of a witness who had de-
it him upon oath before the la^rand-
tio was spirited away by the pri-
ds : but at present, 3'our lordships
ly the defect of evidence, by con-
improbable conjecture. There was
in this House the other day, I don't
S who made the greatest figure in
o that Bill, 1 wish we could have
re on this occasion.
!, since that reverend prelate has
! cases, he will permit me to remind
18 been ibimerU said upon acts of
hat such bills, like Sisyphus's stone,
|ntJy rolled back upon those that
ief promoters of them.*
lential argument should restrain us
too forward with them at this time
yr the attainder of the earl of March
ause he had been instrumental in
le attainder of another lord, under
a letter, wliich the rucord says was
Cromwell t is another known in-
is observation : he was the tirst who
violent prucetMling in Henry the
and It is remarkable, that the ad-
re to the ruin of others, proved, not
atal to himself.
►w nfiven }\u\r lordships the reasons
gainst the Bill. I fear I have tireil
ice, and shall tlierdbre conclude
irds of tlie ^rreat man 1 before men-
nean, sir lleneage Finch, in tlie
earl of Clutentton — " We have an
ipon hearsay, and if it is not niaile
dackest scandul heil can invent lies
lit of this debate was, that the
the iiouse; it aCterwards obtained
ii«ut, and uas as iii^rted at pa^e
vmarkable anecdote relating to this
It bis grace, then in opposition to
went to Chelsea" [Walpolc Iive4t at
the day before the last debate on
'• affair, where acting contrition, he
€10^ determined to woik out his
1.632, 633, of vol. 1], and vol. 8, p.
we referred to. 8ec also (Jregg's
14. p. 1371, A. o. 1707-U.
lis Caae in this Collectiuo, vol. 1,
0
pardon at court, by speaking against the Bi*
shop, in order to which he begged some hints.
The minister was deceived, and went through
the whole cause with him, pointing out whera
the strength of the antument lay, and where
it*s weakness. The duke was very tliaukful,
returned to town, passed the night in drinking,
and without going to bed, went to the Hou»a
of Lords, where he spoke for the Bishop, reca*
pitulating in the most masterly manner, and
answering all that had been urged against
him." Horace Walpole^ (k»nl Orford,) ( aU«
logue of Royal and Noble Authors, art. Whar-
ton.
It may be observed that in the debate which
arose out of Atterbury 's Petition for directions
whether to defend himself in the House of
Commons, (see p. 434.) the duke of Wharton
opposed a motion declaratory that the Bishop
ought not to defend himself there, and said
that the Bishop having already applied to the
House of Commons to assign him counsel, it
was preposterous for him to pray the Lords not
to give bira leave to be heard before the Com-
mons, which was the drift of his Petition.
See New Pari. Hist vol. 8, p. 210. This cir-
cumstance might render it more easily credi-
ble, that Wharton was lndis|K)sed towards At-
terbary.
Mr. W^nne, after dispatching the vindica-
tion of his father (see p. 510,) proceeds to de-
fend the duke of Wharton from lord Orford 's
imputation. I will transcribe his own expres-
sions :
'< I was going to close these observations ;
but as the author has thought (it to introduce
the foregoing passage in hisanecilote of an nn-
fortunate duke, 1 am apt to think, he is in that
res|»ect also mistaken, or misinformed. I would
not be understood to defend his levities, or want
of principles, (as the author calls them,) but
happening to know the company his lordship
had wiih him almost every liour of that day
before he spoke in the House of Lords, and to
whom he was pleased to shew his 8|>eech ready
flrawn up, all in his own hand -writing, whom
he pressed to peruse it, and during that con-
versation, his grace altered and supplietl it, as
he thought proper, upon the spot, and I be-
lieve, is the same in substance as that w bich
soon after ap|)eared in print, and, notwithstaml-
ing the author's insinuation, 1 believe I cau
truly add, that he hardly ever passeil a day or
evening more soberly than that, and happy it
would have been, bad be passed more in th«
same manner.
** So that this nas not a sudden start, npoti
conference that day or night, with the ininiater,
under a feigneil contrition to draw hints fp«nic
him, which be did not want. For it is >vol
known, bis trrnce bad, from the begiimuv
to the end of that long proceeihng. coiihUuO
attended, and took notes, amounting at lei^ni t^
quire of paiier, and not only spoke on U;\,^\|-
the Bishop in the run oft tht caua«^ Wv ^
to5] 10 GEORGE t.
signed soreral protests ooncerniagf thoss pro-
owdiog[8 many days befbre. If the minister,
•tier this, was deceived, he was easily deeeived,
and contrary to his known and asual sagacity,
and in a matter tery notorious to most others.
*< This don*t rest merely upon my tassertioD,
(though f was present everv oay, and^berelbre
DO incompetent witness,) but might appeal to
others still aU?e, and to the Jonmals them-
selves, as well as to the printed protests ^iu folio
and in octavo,) where his grace's name is to be
found among other noble lords, on the Sd of
May, 173S, and on the 8d, 7th and 11th of
May. And at last, on the general question,
whether the Bill should pass, (15th of May)
afler he had spoke at large upon the debate, he
not only protested again for some of the reasons
given by the other lords, bnt added four more
of his own. So that there seems to be no room
to doubt but that his lordship was all along as
Trial of Edward Arnold,
[69«
much prepared, ftzed, and determined npoa
this matter, as any one could be. Wbrtber he
was right or wrong in his judgment, I don'l
presume to sajr.
** It is not improbable bnt he might go to tbe
minister at some other tiRie, as he did once er
twice dine uninvited at the Board of Grreen cMi,
that was kept in the neighliourhood during thit
prooeeding, by way offrolic or fan, or as tbe
anthor calls it, in a fit of levity ; but not ly
way of information or instroetion, or to kg
bints, and because he was sufficiently ma*r
of the whole proceeding from his own notn mi
obserrations."
According to bishop Newton (see (be M-
count of bis life, written by himself) Wltf-
ton's father had predicted ofnim that he wsrii
always take wrong courses, would lean kii
politics of Atterbury, and be mined.
465. The Trial of Eidwahd Ahnold, for Felony (in maliciously and
wilfully shooting at, and wounding, the Right Hon. the Lord
Onslow), at the Assizes held at Kingston upon Thames, in
Surrey, March 20, before the Hon, Robert Tracy, esq. oni j
of his Majesty*s Justices of the Court of Common-Pleas:
10 Georce I. A, D. 1724.
Rex r«r. Arnold.
Edward Arnold brought to the bar.
Surry is. JUR' pro Domino Rege sup' 8a-
rrum suum presentant <)tioil Bduardus Arnold
nu)»' de Paroch' Sci Nicbolai Guiklford aliii
Gukleford in Com' Sorr* predict* post primuro
diem Junii Anno Dom' Miltimo aepting^entesi-
mo Ticetimo tertio acilt viceaimo octavo die
Au^riifiii anno Rc^i Domini nri Oeor^i Dei
Oralia Magna Britannic Franc' et Htbemie
Kegfia fidei Dcfenfloris, ^c. decimo vi et armia,
&c. apud Paroch' Sci Nioholai Guildford aliis
Guldetbrd pretlicl' in Com' Surr* pred' in et
sup' preliooorabil' Thomam Dominum Onalovr
Baron' Onslow de Onslow in Com' Salop et de
Clandon in Com' Surrey in pace Dei et dieti
Domini Re^R adtuac et ibidem exiiteu' illice
felonice volontarie malitioae et ez malida sua
precogitat' insult' fecit et adtunc et ibidem Idem
£drus Arnold quoddam Turmentum Augee
* gun' Talent quinq' so'jd' cum pulvere Bnm-
bai'dino Aogue * gunpowder' et plurobei^ Glo-
huiis Ang:ce * leaden shot,' adtunc et ibm' one-
rat' quod quidm' Tormentum ipae idm' £drus
in manibus &ui8 adtunc et ibm' habuit et tenuit
in co.itia ad et ▼ersiia pretat' prelionorabil'
Thomam Dominum Onslow (eodem prehono-
rabil'Tboma Domino Onalow in aim Hagia m
•pod I'ftiticb* Sd NieMai GniMftnl nliu Qnl-
dietbnl nmliei* ia Oa>a^ *>-»*
ploait et exoneravit Angoe * did aboot,' piadt
adtuno et ibm' dans eidm' Thome Domino Oa-
slow in et sup' sinistrum hnmemm ipnav
Thome Domini Onslow unum grave vuhui
latitudiuis Sex Pollicum et profunditat' DaS'
rum Pollicum contra pacem dicti Domini Ba'
gis nunc Coron' et Dignitat' suas. Sec. nee oea
eontra fbrroam Sutut' in hnnioi casu edit* ct
previa'.
Clerk of Arraigns, How say est tbou, Bi'
ward Arnold, art thou Guilty of the ielsaf
whereof thou standest indicted, or Not Guilty f
Prisoner. Not Guilty.
CL efArr. Culprit, How wilt thou be liicdf
Prisoner. By God and my country.
CI. ^Arr. God send thee a good delircraiieei
CL ofArr. You Edward Arnold, the pri-
soner at the bar, hearken to what is said to ys«*
Those good men that are now called, and d»
iiere appear, are those that are to pass betweett
our sovereign lord the king and you, upon yooT
life and death ; if therefore you will clialkef^
tbem, or any of them, 30U must ehalkng*
them as they come to tbe book to be sworii
belbre they are a worn.
Then the Jury were swon.
Cl.ofArr. Count these.
C*f3fep. Art you ail aworo, genttenaii f
jMry, Yen.
CL ^Arr. Mdn a praeiaiiiatfoii.
Ofjf&r. O Yets if any of ytu eta Mltf
Jar sh&oitng at Lord Onslow*
A< a 1724.
[69S
ie \Lin^*9 Jufiiice, the liing's tl-
Motfcitctr (feuemU of any trrasonf
ny, or other miitlemeaoor, com-
llie priBOuer at tbe bar, come forth,
U he hetnl ; tur the iiriiioner at the
inds upon Ins ildiverun^e : and nil
ind hy recotjFnizanre to proseciile
r, come forth and prosecute, or jou
eil v<^ur r(?ro|^nizances,
^drr. EtlfvaH Aftioht, hold fip thy
Botletnen of the Jury, look upon the
^^(1 hearken to his cause; he sUtndfl
,|lec, * ul supra;* upon vvhirh indirt-
\ hath h^en arra)^ne<l» and pleaderi Not
your chftr^re is to euijuire whether he
ly of the felony whereof he stiiQils in-
►r Not GuiKy.
lun^rrford, I Only be^ le«?e la trouble
nlH|]i[) Wy\\\ one i^rord in this btiaiaefis.
I'iliiliip huth l»een ap^died to by petition,
« davit thereto annexed, in respect to
ctfcumstances, that he may have a
htm ti» call Im witnesses only. 1
7 I nay he read.
fWc V. Read the petition and affiilartt.
Bj*To the honourable Robert Tracy,
^Thc humble Petition, &c.**
Rwger/brc/. My lord, all that we desire
lietnay he by liuii» to tell and to assist
^\\\t\^ for his witnesses.
Cheshire. My lord. 1 am commanded
[his uervice, as 1 have the honour to
g'i counsel ; and i apprehend no-
etcd from me of a consent to a
kind. Your lonkhip is of cottusel
ioners, who by law can have none,
nail ean't hare any« This is a dcaigrn
itali th« juNlif^e this man is coming
Ifid to anticipate it. My lord» if any
Kirv in the imture of this man's de-
lir!i behaTiotrr, your )ord&hi|i will
Eliat the officer en Us ^r what eri-
i pfO[ief* Nolhing haih appeared in
t*t conduct, as 1 am informed ' he haih
led 10 his trial ; he hath pleadeif in the
I method as other people do ^ and the
ny Btghl, aeenis as ^ensihle as myself, or
in court : therefore, when nothing
they must have recourse to the
dm affidarit. What is this afli'
affithivit of Itvo brothers, that he
liath been, ^c. which is more to
_ pivaccution iliah any thine eke,
tbong^ht him so, why hath he not been
4f mfid a commii»»ion of lunacy taken
ta no pretence of that. As this
with so horrid a fact, I can-
this* I am sure your lordship
ttew pret«dient. And pardun me,
Kay yonr lordship is of tx>nnsel lor
\ and tjH it doth appear that he is
If lordiht|f will make no oew pre-
akir. My lord, f am hkewiae of
; the king; and I muu needtt say,
I have hati, I never saw
t ofbred. I have baen
iQilif
attending often on tndtrtments at the Old Bai-
ley, ofid else%rhere, and sometimes when mad
peuple came on to trial, and have been i^ally in
liiTit condition that tliL" persons would i%vbcy the
pri!^)tier to be ; hut such an attempt as ibis I
never knew hetbre. Vour lordship and tha
Court will, when a mao pleads Not Guilty, do
right, and enquire af\er this matter : if thera
is any preienre for insanity, it is bisdrfence ;
btit that the ctmnsel for the kin^f should give it
up, and yield that he is ko, cannot lie e^cpected;
lor by agreeing to ihi?( petition we do.
It is very extraordinary io hear counsel
apfttking' tdi they are aciti^ned ; hut as they
have taken that liberty, 1 don't blame them %
every one is to do the best for his client : but I
hope, for precedent sake, and far justice sake,
th»re shall not the least countenance be (i^iveti
to this matter ; I take it we caonut con^tnt to
it. By taw the prisoner cannot have coun-
sel ;• therefore \ ho^ie this petition sbull be re-
jected*
Herj. Cotnyns. 1 shall not trouble your lord-
ship; it is a matter so new and surprising^,
that I need not add to what hath been al^
ready said, but shall submit it to your lord-
ship.
Mr, Marsh* My lord, I bey your lordship
will indulife me oni* word in this matter. The
attempt they make is to have a lunatic as*
siitetl in his trial. With submission, 1 dun'l
know any assistance he is capable of: for if
realty a lunatic, he is insensible, lio as Io re-
ceive no assistance, sup^toMng^ he committed
the fact.
As to calling' his witnesses to prove this in-
sanity, these very brothers, if Aiey ^ttiiid iq
any part of the Court, may e<jualfy call them,
as well as if they had any a.ssistance ufun at-
toniey or solicit ar to stand by him. 1 would
not fling" any imputation on any person ; but if
the man hath a desi^ to act a mad part, as tbe
design will appear, if he be really sensible,
then he is capable of receivings the msinictions
of the agent, if he happens to be out, how to
bfc'have liimnelf mad ; so that no good, but a
very had use may be made of it. As to the
consent, we can't do it. We think as to ihe
subject-matter of the petition, your lordshi|i
canH grant it, from the inconvenienciea that
may attend it.
Sir. J lunger ford. !■
8erj. [Vhttakcr. My lord, we oppose hia
sprakintr.
Mr. Hungerjord, I was Cfoing
Just. Ttftij, It mu^tnot Ite,
Mr. Hungcfford, My lord, I know my duty
so wcM, thai I'lubuiit : but I see your lord»hip
huth more temper and lenity. 1 btjlieve it tj
tnditferent what jiart of the court liiw brttiliera
are in, if his solicitor stand by hitu, I know
no other use to be made uf it than to call hii
witneasoa.
Just. Tracy. I canH do ii ol.
What my brother aayi*, the 1 It
is my dutv to t^vehiin all the an^isutjcc 1 ^aa i
aod that I will do*
I
I
I
699] 10 GEORGE I.
Mr. Hungerford. Let the names be handed
to somebody to call the witncssei .
Sag. Cheshire. We that are counsel for
the king will do nothing that is hard.
8erj. WMtaker, No, 1 never will, while a
tnan'a life is at stake. None of us will do any
thing that is hard.
Just. Tracy. I don*t believe you will.
Mr. Ballard. May it please your lordship,
and you gentlemen of the jury, this is an in-
dictment at the suit of the king, against Ed-
ward Arnold ; and the indictment sets forth,
that Edward Arnold, late of the parish of. Sec.
To this indictment he hath pleaded Not
Guilty ; if we call our witnesses, and prove the
indictment, you will find him Guilty.
Serj. Cheshire. May it please your lordship,
and you gentlemen of the jury, I am in this
case, counsel for the king. The prisoner at
the bar, Edward Arnold, stands indicted upon
an act of parliament of the last session of par-
1 lament ; und, gentlemen, it is for maliciously
and wlilully shooting the lord Onslow, and
wounding him, as he apprehended, and as will
appear from theevidence, mortally. It pleased
God to preserve him ; but notwithstanding that,
the fact by him committed is felony, without
benefit of clergy.*
And, gentlemen, though we need nothing to
justify a law, made necessary from instances
in your own neighbourhood, yet, give me leave
to tell you, it is but reviving the old law of
England ; for by that, if a person did an act to
another, whereby death might ensue, notwith-
standing the party did not die in a year and a
day, it was felony. We have instances of this
80 early as Edward the second, and Edward the
third ; but I own, of later years this hath been
discontinued, and held an offence punishable at
discretion, yet not punished with death, till this
act I have mentioned, which is but only the old
law of Eiigland revived. And if the barbarity
of neo|)le made it necessary, it became the le-
gislature to make it felony, without benefit of
cKrgy.
Gentlemen, the fact this person hath been
guilty of, was committed in this manner. On
the 28th day of August last, within less than
three months after passing the act, as if the fel •
low bad studied, and been f(U)d of U^ng the first
instance of cruelty that should suffi r by this
act, this noble lord, mentioned in the indictment,
and ujion whose life this {lerson had a deliberate
design, had been out with gentlemen a hunting
a lox- chase : upon his returning down a lane in
the king's highway, as will appear by the evi-
dence, one air. Flutter was on my lord's Icfk
band, and Mr. Fawks almost on his right, my
lord in the middle ; Mr. Flutter then observing
the prisoner at the bar coining up with his gun
cock'd, and the muzzle towards him, asked
biin, what was the meaning of his coming in
that manner, with his muzzle of his gun, and
* See Leach's 'Hawkins's Pleas of the
Crown, b. ], c. 55, 8. 1. East's Pleas of the
Crown, c, 8, s. 6.
Trial of Edward Arnold^
[700
his gun cock'd ? The man makes no answer,
goes en a pace or two, turns back, and takes
aim, and shoots at this noble lord. The blast
being so near, it struck him off his horw,
wounded him in a cruel manner : it proved (it
pleased G<k]) not mortal, and that because be
could not buy such shot as he designed. Ny
lord, it must naturally strike horror to tlioie
about him, who had no apprehensions of tbii
kind, to find the noble |»erson thus shot. Yoa
will easily believe, they alighted to liisaimt-
ance, they got him to the bank ; he cry'd, He
villain hath kill'd me; as well he uugbl:
some of the company observing the fellow, W
went on his way thirty or forty |>aces : ikf
overtook him, and he resisted at first, batkif
brought to the noble lord, whom he hid te
wounded, he makes no excuse ; he seenui Is
struggle, according to the account I have in ny
brief; he seemed to be pale and livid, and to
have great rancour, and aimed, with the bh-
ket, to do that that the shot had not done; but
that, you may easily imagine, was prereDtad.
Gentlemen, one would wonder howatbiii|
of this kind could enter into his head ; bat upon
enquiry, this cruel, barbarous man hath inedi*
tated on this in his thought for some time ; aai
now, after facts are done, people are apt ts
make discoveries, and they knew farther thn
they knew before. One would be apt to es-
quire, what could be the occasion of this? Om
would think this noble lord bad abused and ia-
jured this man to the last degree ; so farfmn
that, that this noble lord was unknown to tht
man ; the man did not know biro, but was
forced to seek opportunities to know this DobU
lord, that he might seek this revenge, it ii
not properly revenge, because revenge is a re*
turn to an injury, but here was no injury doot
this man by my lord ; my lord did not know
him, nor, for aught I know, the man did not
know my lord. But how then came this about?
According to the tenor of his confession, it anM
from the most wicked things. This noble luid
is known to you all, he hath always appeared
in the service of his country, an asserlor of tha
liberties thereof, always endeavoured to tup|)Oit
the pretient government, in the House of Han-
over, and is fur the Protestant religion, agaimt
rebels, and for suppressing clubs, and places of
meeting for people's wicked enterprizes ; sod
if that be a fault, I hope it is a fault most of
you are guilty of, and will be guilty of; tbst
you are for asserting the liberties of yourcouo*
try and your religion, and for supporting tbo
crown ; and if this man is to be believed, tbo
people had inspiretl him, brought him to a pitch
qf enthusiasm, 1 don't know what to call it, thit
my lord was an enemy to his country, and bo
thought he should do God and his conoti/
good service, by destroying him: hence iti^
necessary to shew what eviilcnce wc have^
open to you, and tell you what preparatioa
your eye«; to extenuate Ibe criiat|tbi^^
I ac(€<] like a marlman ; he hail a 9te&r}yanfl
late desig^Q, and used &tl proper meabs to
cliu
Sentlemeiii though he acted like a wicked
J, Toid of reason, y"U wifl liave litlle reasuti
he actfd tike a madmiin.
irery man that so depjtrts from reason,
ry nicked mnn may be said lo be a m;id*
but I hope that tihall not fikre(!ti all that
t| a»d free and exempt them from punish-
' lord, ihemorninij this ha|vppncd he went
he house of one Smith, and had n quarter
I pouod of |Jov*der, aocl a pound of ahol ;
ibe person directed I hem to Not S, and
him that shot which was a Ur*^er sort
I used to hare : and it Jieeuis he is a
iman, sia you will hear ; tt was at way si
nets to aim at the head.
ad the powder and the shot; aDd that
I he wag met by one* w ho heArinaf him
his g'un, asked what he had been
^. what he h«d killed, as you wiU hear
I one of the witnesses: says he, I only did
> discharijp ray ffon. Gentlemen, thrs is to
' that the purpose was steady in hiui) and
would meet with no di«appoiatment, but
I his purpose might lake effect. Vou kuow,
I^UQ that hath been char^r^d some time, aud
by, some wet or damp may happen to it
vent its goin^ off; in order \o hinder
first discharges his gun, and then
' airaiii, that he miglit be secure of its
otf. AdiI after he had H^us prepnred
ihe next Ihiner was to be apprised
ray my lord was crone, wliicli way
t went ; he was asked the reason, Are
tgOiOcr a hunting ? He falls out into a rage,
my ford Onslow was an enemy to his
try; and if he could meet him, he
uld ahoot hint, >Vltfiio a iew nvinutes af>er-
Is this noble lord with htii company^ us I
meotiooed, oarne by. The nun hein^
pr** pared, di&chiirgedi his fjun, and exc*
1 hi<» wjfke<l de.-iign. My lord, this is the
of the thioi; ; and this coming^ to his
tr'i ears, he cotdd not but be concerned
u!m niiiurired emioent and sieatotis
:»*i4with such treatment :
: , hath jjiren directions lo
! his own servaniM appear in thn) prosecti-
i to see ihnt ri(flit iM^Vbtoe : and if we make
! lo be the i*iic\^ ttiere is no nted of rhe-
; or flourish of words to deceive you, nor
clirvi? of uny thing to work up your pas-^ions,
' toiiersiuadeyou (odorit^hl hiiween tbekiuj^'
' tthe prisoner; ivhich ts all we detiire,
•j, iVhifaktr. Mav it please your lordship,
ntU'inen ot* the jury, I am eounsel
fur the kin^; ; and ttiough we linre
toimiMir lo snrve the king, yet we desire
\ but accordiut^ to the calm rules of jus-
If the ev id core satisfy you, that this
on, this man, is guilty, then we expect y<5U
;' if it ii not sutficient, nothing said
* IIS should iiinucnce you lo do an irTjury :
rcfore whttlher ib^ man i« gailty, and a
Urd Onslow. ^^^ a. D. 172^. [70*
proof of that is the tuatter which is lo be laid
before you, we wonH iM-e any manner of per-
sua^iion one way or other, but ptainly lay the
fact before you.
Gentlemen, this man is itidtcted upon an aet
of parltament passed the last sessions ; and
this act of parliament every body thinks a ne-
cessary act J and if so, it is a just and good act ;
and if it be just and good, it is tit it should ba
put tn execution when it h tran^jressed. Cii'n-
tleuien, 1 shall lake up liltk* more of your time
than only to slate one or two lact^j, which we
shall farther lay before you»
VVheu the wound was given to this noble
bird, there was some discourse with him
about it ; and among the rest one gentleman,
you will observe, w*ho was in company, and
riding by my lord Ouslow, asked him, how came
it to pass be had not shot him ? iSfr, says he,
you are au innocent man. This we make us«
of for these two purposes : the one to a heir
that be had particular malice against my lord
lluelow ; upon what occasion haih fjeen opened
by my brother, and I shall not repeat it : the
other, to shew that this was done wuh great
deliberation, and done against this uobte lord.
Geotlem^'n, then further, when it comes lo
be eo<[uired of him afterwards, when he seemed
to he eool, ilow eame you to do this? and^
It*s pity he should be guilty of such an act;
he says. Have no cooceni for me ; I must an-
swer J'or it- Gentlemen^ these things shew
that be had no matiner of retnorse^ not the
least. One won hi linwc thought in case of
passion and revenge, when j»eople had vented
their malice, they would come lo repent, and
be concerned ; but instead of that it appears,
by his discourse afleruards, be had not th«
least concern or remorse.
Then as to his preparation for this fact, it
bad all the deliberation in it as could be : he
^ops lo a shop where he used to buy his powder
and shot ; but ihey happen not to provide him
with so large a shot as he cxpt^cted ; he at that
lime asked for the largest shot ; Ihe master of
the bouse was* not within, hui the luistresa
was; says she, Go and fetch No, 3, which
proved not to ba so large ns he would hare had.
Wo, 2 is looked oul for him, and lie buys a
quarter of a pound of powder and a pound of
this shot.
This evidence we shall gire, and add to what
hath been opened already ; anri then we shall
leave it to your ci^uscieoces and yuur judg-
ments, whether we have not sufficiently proved
the charge in tlie indictment ; and if we have,
we shall appeal to your judgment*!, and to your
consciences, what verdict to Lring in.
8erj. Ctmyns. My lord, we shall beg leave tu
call our witnesses.
Mr. Flutter iworn.
Serj. Cheshire, Sir, will you tell my [onl and
the jury — giveao account of what pasfeil whea
this fact was commilted.
Just Truci/, Bid Ihe prisoner come up-
Kvig^i Cvurt*fi VVc duiire ha may.
I
I
I
I
^S] 10 GEORGE I.
(Brought op accordingly nearer to the (!knirt)
Just. Tracy, (To the Prisoner.) As all the
in'itnesses come, if you bate any queation to
ask, put it to Die, and f will ask your question
for you ; 1 will gi? e you all the assistance that
lies in my powerl
Flutter. As we were coming back from
hunting with my lord Onslow we cane into a
narrow lane, a sandy lane near Guildford ; niy
lord Onslow was on my right band, I was eren
with him ; I saw a man coming up towards
us ; this man, the prisoner ; and I saw he had
his gun cocked ; he met us.
Seij. Cheshire. Did you say any thing to
himf
Flutter. When be came to my horse's bead,
bis countenance changed pale ; then 1 asked
bim, why he carried his gun in that manner ?
He made no answer but immediately turned
abort, and shot my lord.
Serj. Cheshire. In what place was it ? What
is the name of the place ?
Flutter. 1 don't know the name of the lane ;
it is near Katherine-bill.
Seij. Cheshire. In what parish is it?
Flutter. St Nicholas's parish.
Serj. Cheshire. What was the eflect of his
shooting ?
Flutter. My lord Onslow fell off his horse
on his face ; my horse startled at the gun
going off; but as soon as I could turn him, and
come up, 1 saw the blood come ; and 1 said.
My lord, I will go to Guildford, and get some
surgeons ; and accordingly I went.
Mr. Marsh. What became of the prisoner ?
Flutter. He walkeil up the sandy way ; but
1 can't tell what became of bira, because 1
was gone fur the surgeon.
Serj. Cheshire. Arnold, would you ask thb
whness any questions ?
Just. Tracy. Put it to me; tell me what
quefttion you would have asked, I will ask it.
Prisoner, I don't know. Ask him yourself,
if you ha? e a mind to it. I don't know. 1
used to |ro tliat way everyday. 1 am sorry for
what is done ; and 1 cannot think how I came
to take that way.
Serj. Cheshire. The devil worked with him,
stood at his right hand, and directed him.
Mr. Parsons sworn.
Serj. Whilaker. Mr. Parsons, pray gire an
account of u hat happened on this SBth of Au-
gust, as you was returning from hunliuj; with
my lord Onslow.
Parsons. We met the prisoner at the bar,
Edward Arnold.
Serj. Whitaker. Was you near my lord ?
Serj. Cheshire. How did you ridt: t
Parsons. 1 was behind Mr. Flutter.
Serj. Cheshire. You were pretty near to-
gether ?
Parnms. Ycty Tety near.
Het}. Cheshire. What did you obaerte?
Paruns. We met this matt comiDg np the
sue, i MW huB frtMQl hispMOt; Im Mok
Trial ofEdxoard Arnold^
[7M
aim, and shot my lord. My lord ftU off fn«
his horse.
Serj. Cheshire. Wliat did you do?
Parsoru, I went to see whether my bird «u
dead : 1 saw he was not dead ; and the pri-
soner made off.
Seij. Cheshire. In what maDoer did tk
prisoner make off ? Did he walk or nm ?
Parsons. He did not run. I rid after hi|i|
and rode him against the bank :— You TiUn,
said 1, you have killed my lord : you willbi
hanged ibr it. You won't hang me to di/f
will you ? says he. No, not to day ; but yoi
will be hanged.
fierj. Cheshire. How waahis coonteoaneef
Parsons. Very pale and confused.
Seg. Cheshire. Did be surrender bimidrift
you, or make any resistance ?
Parsons. HetoM me, he would chaigtigiii:
No, says 1, you shan't : Then I callni out ti
another man to take him, one Green: Wbtt
he came, I said, this villain hath shot my M
Onslow.
Just. Tracy. Did the prisoner Arnold say bi
would charge again ?
Parsons. He said he would charge (
but be could nut, for he bad no time.
Serj. Cheshire. How far was the
got from the place where be shot my lord?
Parsons. About thirty yards.
Serj. Cheshire. What did you do ?
Parsons. 1 brought him back to my bHd.
Serj. Cheshire. What happened then whm
you brought him to my lord ?
Parsons, When 1 l»rought him io sigbl d
my lord, says my lord, You villaiu, yea kavs
killed me.
Herj. Cheshire. What did he aay?
Parsons. lie said nothing.
Serj. CAetAirc. Did he seem to struggle ?
Parsons. He did seem to struggle, to stm0
to come at my lord, as 1 thought.
Just. Tracy * What did you think ?
Parsoru. When he was brought by my M
he struggled, and seemed to strive to come rt
him. Says 1, Mr. Green, take hiip awayift^
he is coming at my lord again: 1 thought sii
Just. Tracy. Had he his gun?
Parsons. His <2fun was taken away from biiB-
Mr. Marsh. You say you rid behind Nr*
Flutter and my lord ; what distance was tbcK
between you ami tiicui?
Parsons. My lord and Mr. Flutter rode a*
breast; I was behind, 1 believe, about two*
three yards.
Mr. Murih. If 1 understand you right, ^
say you saw the prisoner aim at my lord » A
you see kirn aim at my lord Onslow ?
Parsons. 1 see him aim at my lord OMif''
Serj. C(;/Ay IIS. In what manner did Iie8ei0
to level P ToHards his bead, or bow ?
Parsons. I thought it was towards bis bfl^
Serj. Cotnyns. W here did he shool him ?
Parsons. In the leftshouMer.
Serf. Chakire. Prisoner, will yoa iik i>^ ,
witness any ouestion ?
frtfrntr, 1 iJobHIuow wImI toaa/toK^
J
Jhr ihod^ng ai Lord Onslovsk
A,D- 1724.
[706
Eht
» Bf r * JoAfi Ftf2t A'i awciTfi.
ferj. Chethrt, 8ir, wtll yau lell my lord and
the jury, i*^hile you was in coinjiany, ami at*
iMrltug' ray brd Ooalow from hunlint^, what
]iap|»eneJ vrh^o tbis tragical fact Vf%A com*
ITaw/rt. My lordj returning from huntinqr
villi my tonl (Onslow^ connDt;- down this Inoc
this accideot ha[ipifneil, I ei^pied Mr.
luW at some distance tetbn? aiiy of the rest
I stiid to Mr. Parsoiif, h«e is Mr.
[kol4 cuiiiiut^ u[i the lane? 1 will be baaged
hatb not a mind to shuot me. Mr. Arnold
I by my lord \f'jth a stem look upoa hiiu \
I ill Iberoad ; this Mr. Flutter was on the
side nf my lord, and I was m the same
\ with my lord, behind hitii about foar or
yards. He passed my lord Onslow^ and
\ i>p ahnosi over-agaiost tae, rather be*
I me ; I see iiim look slerttty on my lord
aw aii4 OB me; he had liia piece io as
commonly carry them when tbey shoot
p He comes up with his piece ami shnota
rd Onslow in Im slioulder: My If^rd
ped by degi'ees upon thega*ound, 1 got
* my horse, :md tnriied my |ord*« face lioro
f ground, for tear it show Uf be scratched with
p dtjst, which wuft like pounce or fine sand :
\ I turned him aii Noon as I couid^ and drew
to ih«^ baulk : j laid dairo, and my lonl
I down upon me upon my shoulder, f said,
I care of the ?illaiu» seize the villain : he
I killed my lord : I cried out to seize hiiu,
" to secure him, as for tear the villain
Oold turn and shoot attain.
Trmy, Von gay you saw him comiug*
wn tbelane?— Fdft/tJ. Yes, my lord.
Ittsl. Ttacif, You >iiiy you followed my lord
in the same truck?
Y cfl^ my lord, [ did*
Tracy, How far was you from my
bilow i
r<afcks. I believe 1 might be in the same
ck« about four or live )'arcls from him.
lust. Tracy, Then you was after my lord ?
\Fiaek$, Yes.
Ju&t. Tracy, My lord must be between you
I the priiouer j bow came you to taka notice
f him f
tJFdtfikt. My lord, this pri^otier rid away with
horse a week or a fortni<j;ht before. 1
I at my taylor^s and put my horse at the
in the meantime) went in; and when 1
ne to t;ike my horse again, my h^^rse was
8i> 1 run out io a surprize* and seetn^^f
Hty, a mun tbat was by told me, Ned
old bath rid away with your hon^e. I
nii)^ out into the street, cm'dd nee into the
die of the town : where I shw my horse
or four stones ttirow oft', and he wftlking
up the town ; 1 made haste—
Ittsi* Tntty. I o»k you, you *ay you saw
I at a distance, und you wai behind my lord?
fawki, Yes^ 1 waa go, '
lust. Tracy. Then consequently my lord
I between you and the prisoner.
fitwks. Yea, the- way \v« «atu««
Jntt. Trttcy* You say my lord waa betv»een
you and the pr]:Mner ; how could you distin-
gnish the prisoner from uiy loril ?
Fawks. Because be was in the foot- way, and
we were in ihe horse- way.
Just. Tracy, He was m a different track P
Fawh. Ves, my lord ; he conies up th«
foufc^way, and the way we were iu was the
horse -way.
Serj, Cheshire, As you was ridings, could you
perfectly distinguish the man ?
FawHM, Yea, I could.
Serj, Cowyns. Pray, one word. Thus yos|
aay, wbeo he had patsed by lord Oa^tow he
turned back ; what did he do ut that time f
Fawki. Ue gives a look upon my lord ; still
kept on, and gave a look, aud went a little far*
ther; then immediately turoa ronnd, amt
mounts his gun ; be had \m niece as usually
men have when they shoot flymif ; and before
I could speak my lord Onslow ilri>|>|*ed.
Serj. Ctw//yni,* VVbeii he mounted his gun,
did be take aim or level ?
Fawkt. Yes, he made a level as if he would
shoot at bis liead.
8erj. Com^ns. Which was near^j yau or
my lord ?
Fawkt, I, rttb^ ; I waa oi^ber my lord Ihaa
he waa.
Herj, Cheshire. Prisoner, will you ask ihia
wjlne!is any question P
Serj. Com^nn, I desire to ask this witness
one other question. Had you any discourse
with ihe prisoner afterwards ?
Fazvki, After ward s^ Sir, when ?
8erj. Cmiyns. After, when he waa incoitody
for this fact*
Fuufcs. Yes; when I went to him in the
Marsbalsea, I did ask him, why he shot my
lord Onslow, and not me; because when he
bad rid away with my horse, wlieu t met him
afterwards, says I, Sir. Arnold, why did you
do such a thingf as to take my horse aw;iy f
You don't know the consequence of it ; you are
guilty of felony. Be said, I waa a good man i
my lord Onslow was not.
Mr, MarsA. I di-^ ire to ask one question. Yoa
KQy you was behind my lord riilijii; in the same
track, the same way as my lord was io ; was
that when the prisoner passctl by ?
FawkM, Ue was m the fooU[>ath and turned
back.
Mr. Manh, Did you tbeo see him aim his
gnn?
Fawks, 1 did, I can't say 1 saw him till be
was passed ; hut lie had his' gun aa they com*
mtinly carry them when they shoot Hyiug;
and be presently mounted bis gun and fired.
' SoLjor the Fritoncr, We beg leave to knnvr
from the witnesses for the king, whether this
prisoner waa in disguise? — WUneaet, No.
Solicitor, I beg leave to ask them one other
question; whether these pent lemeo that give
evidence for the king, whetber they doi)!c be-
lieve the prisoner to be a 1 una tic ?
Just. Tracy. Will you aak tbis muD ttu|
question?
I
I
I
TOT]
10 GEORGE I.
Trial tfJEdward Arnold^
[TOS
Prisoner. I have nothing to say any more;
I don't know what more questioni to ask.
Just. Tracy. Mr. Fawka, whether did yon
take this manto be a lunatic?
Fawku Most people that li?ed at Guild
Ibrd have known him, that be was always a
surly, morose-temp€r*d man : as to his being'
lunatic, I know nothing of that ; I am not a
judge of that.
Mr. Partons and Mr. Flutter calPd again.
Seij. Cheshire. How long have you known
the man ? — Parsons, Twenty years.
Serj. Cheshire. Do you take him to be a
madman, or no ?
Parsons. No ; I took him for a morose, ill-
natured man.
Serj. Cheshire. What is his behsTionr ?
Parsons. He is a sullen sort of a man, a
idogged fellow.
Serj. Whitaker. How did he use to lire ?
Parsons. 1 don't know ; he had a house.
8erj. Whitaker. How did he life P
Parsons. He used to go a-fishing and a-
•bootinff.
Berj. Whitaker, Did ever any body restrain
bim from the use of a gun, as being a madman ?
Parsons. 1 nerer heard they did.
^ Prisoner. 1 have had my gun ^ off several
limes in my hand ; but never 'till now, had
this accident.
Serj. Cheshire. He never before shot a lord
hi the shouMer. He can ask better auestions
when he holds up his head ; but if his guilt
makes him hold it down, I can't help it.
Serj. Whitaker. Mr. Fawks, since they have
asked about his sanity, we will ask one ques-
tion about what he said when he was in the
Marshabea, relating to this fact. Had you any
discourse with him then P
Fawks. I told you when I spoke to him of
the fact in the Marshalsea, 1 asked him, why
he shot my lord Onslow ; and not me, when 1
had told him of running away with my horse ?
He said, that 1 was a good man, and my lord
Onslow was not.
Mary Smith sworn.
Serj. Ccmyns, Will yon ffo on, and shew the
preparation that was made for this fact ?
Serj. Whitaker. Smith, do you know the
prisoner at the bar P
Smith. Yes, I do know him.
Serj. Whitaker. How long have you known
him ? — Smith. 1 have known him several years.
Serj. Cheshire, Do you remember, that in
August last — and tell us when he came to your
shop P And for what purpose?
Smith, I was ironing ; my daughter was at
one end of the table, my face was next the
door, my door stood open : and Mr. Arnold
eome* in, and said, Mrs. Smith, I want a quar-
ter of a pound of powder, and a pound of tfiot ;
1 told my daughter to serve him ; my ibngh-
ter served him ; and as it is usual to bA what
fhK, my dsuffhter asked hin, what sise P Mr.
Arnold asked, For the biggest yoa haf0{ and
so my daughter took the key, and went to the
drawer where tlie shot was ; Mother, says she,
there is none of the biggest shot in the drawer ;
says I, Serve such sort as there is ; and my
dauffbter served the second siae; and wbca
she had served him, he took up the quarter of a
pound of powder, and the shot, and laid down
five-pence, and said, there is your money.
Sen. Cheshire. When was this P
Smith. The day that my lord Oodow was
shot. I believe it was aMiit an hour ate
that, people came nmning up by my door: I
ask'd my daughter the meaning of tbal
My daughter said. My lord Oiislew is shot,
Serj. Cheshire. Had you sold him shel k*
fore?
Smith. Yes; be vras a pretty good cuslav.
Seij. Cheshire, For how long ?
Smith. I can't tell how many wintera; Ite*
lieve, two or three years.
Serj. Cheshire. Did ;|^ott look npon hi» li
be a madman, and funush bim with pe«d«
and shot?
SmUh. He used to ask for half a povid of
powder, and three pound of shot, and laiddsn
a shilling for it, which was the priee I ssld ik
for.
Seij. Che^ire. Did Tou at any of that
times, for the space of three years you hiM
furnished him, take him to be a madman?
Smith, No.
Serj. Cheshire. Would you have done Ibiiif
yon had looked upon him to be mad P
Smith. No ; I looked upon him aa eeiflUi
as any customer I had.
Seg. Cheshire. All that time?
Smith. Yes ; all that time.
Sen. Cheshire, And the last time P
SmUh. Yes, the last time.
Serj. Corny HI. At the time wbenheeiBt
last, in what manner did he describe the sbitf
Smith. When he came to the door, at iol
he asked for a quarter of a pound of powdirt
and a pound of shot : and, as is usual, 1 sAd
him, what size? And he said, the biggest Htc*
Serj. CofTiynf. Doth he use to buy the b^jg^^
sice? :
Smith. Henever hadanyoftbolnggeBtil* j
before.
Serj. Comyns. He never had any of Ibit M
sort before ; did he ever use to oome for a poeiJ
of shot? You say, be usually cama for tki«*
pounds.
Smith. He usually came for three poondi.
Serj. Comyni. When he paid for it, how tf
he pay for it?
Smith. He paid five-pence in half-penee.
Serj. Comyns, Had he the change re^y ?
Smith. It was ready changed.
Serj. Comyns. Five-pence changed { is ^
the common price?
Smith. Yes ; three-pence the powder, mi
two-pence the shot.
Serj. Comyiu. Is that the price iif the biggi^
sort ?— SmixA. Yes.
Serj. Cosiyfu. But heneferhidMiTfrik^
biggest beforeiP— ^miM. No.
iJ
Vr
fOff]
Jor shoQtlng at L^rd OnsU/w,
A. D. ITSi.
8eij. Comyn§, Be snyn it was rabKlt shot.
8«frj, CAriAtr#« I 6«iiev« it wa^s, because he
tulU f^et no bi^g^r.
JuiL Tracy. (To the prisoner,) Will you
k thit witDt!u any question f (The j>riaooer
no antiwer*)
Mr. Flutter called again,
Setj. Chfthire, 8ir, since you have been here,
tt liatti be«ri detnred you mijrbl be asked, wbe-
Uirr the |irisooer it a madman ? You have
known him some lime before this.
Flatter. I never was in his company.
8eij. Chethire* Bnl you have koovrn him ;
jmi Have known there was such a person.
Flutter, Yes.
toj. Ckethift, Did you ever see, or hear
tliat he was reputed a madman ?
»Fivtier, I never had any conversation wilb
im, but aa otber people have said.
8rrj. Cheshire, Since this accident?
Flutter, Ay I since this acci^lent.
Just IVacy, Tk* you live near him ?
flutter, I Uvc at Guildford, within a quarter
aft mile of him.
ikf}. Cheshire, Did you bear, before tbis
ioM, that he wait reputed a madman ?
flutter. I have heard he would do odd
l^g^ bot 1 never lieard that be was a mad-
~ I know nothing ot'tbat ; 1 never heard it.
Will tarn Smith sworn.
Rerj, Wkitaker, Pray, give an account, whe-
r you see the prisoner at the bar the day
hm accident happened ?
Smith, Am\ please you, my lord
8frj Cheuhire. This is tbeaonof the witness,
iNn. Smith.
Smith. And please you, my lord, I was vralt-
l for my lord Ontlow^s coming, to go a fox>
ling ; it warn between five and six in tbe
aitig: Bocordingly, I staid |iil past six; the
wuQils came, and my lord did not come : I waa
ling up to Katharine- hill.
^ *. Chethirt, Tbe place where this waa
EtA. Yes. I was to i*o tbere to meet my
kef. Ooing along the up(>er Baion-field, I
" "if. Arnold ; says I, Good morrow ; and
, CpOoiI morrow ; this was in the morn-
f^ii o^ctuck.
I Ckuhire^ Had yon any Gonvenatton
imf
Simtk, And pfnae you, my lord, 1 will tell
l|^. 1 met the priaoner, and 1 says to him,
cmI morrow ; Good nmrrow aays lie ; says
J^, U my loni Onslow gone a tox-bunling?
I^tt, Myi I, tbe hounds are come, but my lord
If (iol coiuc. He a«ked me whether my lord
' f I said, be wait not, but the hounds
kind they wtre to mav nt Mr. Kearle'a til)
S»y»i be, What, don*t you go
No, I said, i must ^o to farmer
^o tbere to brip to unload coal
I r I vveut up the bilK
;. Had you any funber dis-
milb hi mi*
Smith, Only these three or four words*
Serj. Cheshire. You bil him tbe lime of I
day, and be a^ked for my lord Onflow ?
Smith, Yea.
Serj. Chtihire. Had he his gun ?
Smtth. No, he had no gun ; be bad only bia
hand* basket upon his arnOi coming to Guild-
ford.
8erj. Cheshire. At that time; you hava
known him some time ?
Smith. Yes ; Ih^ ten years.
Serj. Cheshire, By his behaviour that moro-
iug, or at any other time, did you look on him
to be distrarted ?
Smith, No ; 1 never did. I have been out
a ftsbing with him ; and sometimes he would
talk very well, and somelimes he would not
give me a word*
8erj. Cheshire. Did be bebave himself a
fishing as other people do, that understood th«
art ?
Smith, He was more clumsy at it, and would
have strong tackle.
8erj. Chahire, Some are more artists thaa
others*
Serj, Whitaker, How was be for fowling f
Smith, For fowling, 1 can't say as to that.
Serj. Whitaker, You have know a him carry
bis gun P
Smith, Yes, frequently : I have been out,
and met him with his gun frequently in the
summer time when tbe rabbitji were out.
Serj. Chethire. What, be is a notable marks*
man at tbe head of a rabbit f
Smith. I can't say nothing to that.
Serj. Cheshire, (To the prisoner.) Will you
ask him any question f
Prisoner, 1 do not know what to say to it,
Serj. Cheshire. If you will tell me any quet*
lion, I will ask him for you.
Prisoner, If you please, I donU know what
to ask him.
/oAn 5/ vrl sworn.
Sen. Cheshire, Pray, will you tell my lord
and the jury, whether you saw the prisimer at
the bar that day my lord Onslow was sbnt f
Sturt. Before he shot my lord Onslow, ha
calletf at my house, and asked, if my lord*a
hounds were out a hunting ? I ;oUJ hiui, I did
not know ; with that he stood humming and
talking to himself, swearing and cursing, and
damned my lord Onslow several times ; and
stocnl so for near a quarter of an hoar*
Mr. Marsh* Did you atik bim any reason,
vrhv he did «60p
Sturt, Yes, I did, but ba would give me no
answer, not a word.
Serj. Cheshire. l>o you remember you heard
a gun gu off i*
Stnrt, Not till he sliot my lord Onslow ; nol
before.
Mr. Marsh. Did you ever hear him say any
ltiin«^, by way of threatening ?
SlMrt, Be swore and curaed : says he, God
damn him| if 1 Ma bitu, 1 wilj aboot cuy lord
Oiudow.
711] 10 GEORGE L
Mr. Mmnk. How lonig^ was this before f
Si urt. Abuul a qiianer of ^ d hour.
Ur. Martk. How far waa your boate off
where my li>nl was »hot i
St urt. Niit above two Moncs throw.
. Mr. Marth. How iong have jou koown this
nao ?^Sturi. Fmin a chiM.
Mr. Marsh. Have jou known him carry a
goo.^— ^I«rr Yea, several timca.
Mr, Marsk, At this time, or any tkae be-
fore, did you take him for a roadman ?
Siurt. Heoever talkeiT ranch sense; be
talked to himself: hewouki sil and rave to
himself.
^tiwrner- I never waa guilty of swearinff.
Siurt, He asked me for a mii|r of beer : No,
iHys 1, you have had too much already.
8erj. Cke$hir€. Did you take him to be in
drink?— ^arr. Yes, I did.
Sol. fi/r tkePnwHer. We ilesire that tbb per-
son may be asked, whether he did not believe
the prisoner to be a madman, and void of rea-
son.'
Just. Tracy, What do you say to that «|aes-
tion ? Did you not take him to 'be a distracted
man, a roadman ?
Siurt. 1 did not take hiiq for a sober roao ; I
thou(i:bt he was not right io his senses, he took
to strearinif so much.
8erj. Ckeskire- Did yon take that to proceed
from druokenneas, or from lunacy ?
Siurt. 1 don't know ; he hath sat and swore
to himself several tiroes : be would talk strange
Ihinsfs.
SQlicitnr. Wo desire to know what theae
strange things were ?
Ju«t. Tracy. Do yoo know what those
strange things were.'
. St urt. J have heard him swear ; he would
talk inwardly to himself, that 1 could not dis-
tioguinh.
Just. Tract/. Did you ever know him to do
toy hurt ?—5/ur/. No.
'Soiicitor. We desire to know whether this
man hath not often declared, he thought him
to be a madman ?
Siurt. We did not take him to be in his right
senses: he was very otWu so, a great many of
the neighbours know it.
Ja»t. Tracy. (I'o the prisoner.) Would you
a«k him any question ?
John White sworn.
6erj. Whitaker. Sir, look upon the prisoner,
and tell us, whether }^ou see him that rooming
my lord Onskiw was shot f
White. Y<«. I tli'l.
8erj. Whitaker. Whether you see him with
a gun, and what he said ?
White. 1 was at a honse, which is called
— at the Hope and Anchor, at Katha-
rioe-hill, and while I was drinking a pint of
beer, I heard a gun go off; aome time aftier-
wards, this Edward AmoM comes in, with his
gun in hb hand ; being acquainted whb bin, \
took hold of biro by the oaat^ to look onder i\ and
Mki:dhim,ifbeha«l9bot anbbitf Hpifid,
L7»
did TOB BMO
diacMigero;
TfM of Edward AtaM;-
No: NorabinI? No: What, iiA
nothing? No, it was only to
gun
i^Cfj. Whitaker. What time was this ?
WkUe. UpManls of uioe o'ckick ; near half
an hour, as ni^h as 1 can gufrsa, belore my
lord Oii«l'tw wan shot.
Serj. Whitahr. The niison he gave was, it
was tu diMcharge bis eun ?— ITAiie. Yes.
Nerj. WhUaker. Do yoo kquw any thing
further, as to a new charge t
White. Nu ; he went out at ooe door, and |
at another.
Serj. Cheakire. Did he use to carry rablili
under his coat, concealed? Becauae yro
looked tliere ?
White. J bad a mind to know if be bad M
a rabbit.
Seij. Cheakire. Did he carry a gua fc^
mcHv?
White. Yes. in his youthful days, wbcabii
father was living.
' Serj. CheMhire. Did he sot uae freqnsally
to carrv a gun ?
White. No, not frequently.
Serj. Chethire. When di<l you afe hiai be*
fore with a gun ? Have you aeen him vitbil
a year?
WhUe. 1 ean*t poaiiively answer, whctbw I
have, or no ; I believe 1 have.
Serj. Cheshire. Did you ever Uke hhn Art
madman ?
White. No ; I did not take him lor a md'
roao, or a wise man, nor a fool; be wai
conning enough in his deslinga.
Serj. Cheshire. Whatobsenationa havejrM
ma<leas to that?
White. Wlien I did any work for him. I *»
as much troubled to get my money, he wss lO
near.
Serj. Whitaker, Near? What do yW
White. Without you made a bansaio with -
him, he was a hani man to deal with ; butbt
would pav honestly, ami justly.
Serj. Cheshire. When you said a hard bs»J
gain, 1 8up|Nise, by that you mean, he wtaH
Kay as little as he Cfmld, ami have as moeh it*
e could for his money ?— White. Yes.
Just. Tracy. You talk ot him as a man iM
had dealings, wliak business did he folbw 7
While. No, my lord, it was only for hiiif
parel.
Just. Tracy. Yoo are hia tayUir?
White Yes, mv lord.
Serj. Cheshire. Ha%eyoo heard himnyiiy
thing of mv lord Onslow ?
White. No, nut Intely.
Serj. Cheshire. When did yau ? Yoo ■!•
upon your oath, therefore pray recollect y«*»
•elf.
Seij. Whitaker. How long before thia shecl'
ing at my lord Onflow was it, thai you h«
any discourse wiih him aboot my kt<l Oo4e«f
'White. It was some tame before ; but to m|i
inotly how long, 1 can*t: I happened to ba«
hia company : 1 too)t him %9 be ummiM^
Jut ihooHng Hi Lord Onilo\xf
wnn i« drmk, or oa^ I citi*t tdl. He
?, if t ki»€w my lord Oitsl^iw ? I tolil
ill* a«ked mr^ Wliitt^ort of a mnn
buitt, Uoubilcss, II very ^food min*
9f il my My ^m^ a frvml wumii} f
iyt » ♦«)• «'«»<hJ Mroinan, 1 never
Dtmry. VVhettier bewaniu lii|Uor
•»y ! Sayt he« turning hiiuiielf
Idotli she not cut liis lltront ^
kaktr, Re^ttii ibe wordi ia tlie
NvMitd*
. He sptrkc, fit his «p^ccli is low, and
; alter that he had asked me these
s, he uiad« a hum. Why douH she cut
>iiiyjt#. Did bt gif e Any reasva «r hy
nf
. No, t left him ; iind I i&id, Gad
m. I went away^ and left him.
Whiluker. The iiuirnin^ you sec him«
^^er wti% he in f How dul he appear
It loorniojj he ftl»ol my lord Onshiw P
\h.^ h.'eiiied to lie in a» sciiate n tern*
V liim iu rny life.
r. I de«ire another qiiestioo j
aak iha rcaaon ot' hta dischari^ni^ hia
» What, ahout chari^in^ airuin ? No-
filler |ia«ised : he dmnk Iuh beer, and
Ml miv itmir, ond I &i uuottiert
Whiiukcr, Yon had no laik of a freah
- Nn, f dfHiH remember we had any.
iunh* Yon »ny yon invt iioitt ot him,
lir had aiioi m tHtibit, vdn-ther yon did
»il. beeanite he went after IIjdI Kame^^*
. Hi% tifllier ktpl t^mnnds Hhere were
ri tnv r Jiiiiis, amt lie used to use it then.
Hud yon any diMcourse with
innin^j my lord On**low ?
. I dni, in ^uod-will, call tu ice him in
What paaaetl then f
4 hun how hediilf and heasked
M4ae; and he asked me what pen|de
day^ K 1 Am i^orry lor it, hut the
a|d< of our town ii^ that you
ittd your fneutia are iu great
ym J anil if that Ik; the caae, I ad*
to get etKH) iMHika, aud rrpent ; anil
r * ^!i; did nut deiire thul any budy
> ttrd lor him.
^.^. Dili hi' uik rntionallv ?
HAa at oUu-r t«tne« : we drank a mug
HllfT, and %o we |>arted.
Kn^. Hml yuu any talk about my
Rw ttt (O;:' «lead ?
At any oih#'r time, whilst he
<n tttGuddtordy iq the liooae
1^1 lia«l like In have forgot; I did gn
M him he w»* in the honw of
ud 1 told him, my lord Onflow
] d hv was drady he could
» ninrr.
I awum.
tionorir of acllag in the oominittion of tht
|>eaceP
Altfm, I hare Uieimubltof it, I docittbiiilt
it any lionour.
St^rj, Chnhirf. Pray tell my lard and thm
jury, what you know oflhis matter.
A Urn, BIy lord^ 1 live ut GnilJtbrrl, and
he^rin^ of iliis sad accident 1 \wtt\i down to the
hou^e of correction, and examined him, and 1
found liim in a rery sullen m'>04l, and 1 coul4
get nothin^^ out of him for a long linie^ and ht
could not look roe (li the face: with a greal
deal of difficulty und perauaMon, at last he tw*
pressed him»t;ll ihoB : I don't trouble my 1or4
On»loW| why do you trouble tnef And lie ha4
been pretty much teiKcil aud baited by the |ieii>*
pie, exclaimini^ agaiuat him, nod coming int^
the firiJion to see such a motiater. I thouj^hl
the next dtiy, after he had alept upon it, h#
might he in better temper, so 1 left him (hen*
and went again the next day, but I did not llnd
him so ; lor he run ou with abundance of vehe»
mence agatoil my lortJ Ooslow, and that lit
was tlie antiior of nil the tumuUs, disturbance*^
and confuMonN, and wicked devices, that had
ha|)pened in the country. 1 asked him, what
was thr reaaou of hia animoait^ * and if any
person Itail given 1/mi any occasion to aay an f
lie t^Mid, No, but he nas a very ill man ; atid
re|.»efiied the »anie, that he was the author of all
the Gonlitiioufii, tnmulti, and noinc, and wicked
devices ; that he had over a hundred times, he
was very fond tdihose words, *■ wicketl devirea/
In the courae of his ex.imin&iiori, I took a
great deal of paint several tnues ; 1 put the
tiame (lut^stioii srferal ways, to see if he would
be brought \»* answer, anil he ^vnuld be sjleut.
U' hui siirinised me, he ail of a sndilen Marta
up, and looks me in the face, says he, W here it
the kingf The king, iiaid I ! » hut have yna
to do with the king ^ 8ny<i he. The kui)^ js in
fault, a» well a« my lord Oiinhiw. The king !
Mhal doth the man mean ? Ue anawertHi me
as regularly, and aa last, u« I |Mit the (luestioo.
Hays he, he put my Inid Oiialow ufion doin||f
and inakiug these dintorhanceii in the country^
or he aulfpnt him to do it. ^layii I, Have you
seen the kitt^ ? Yes, aays he, 1 have seen him
once« 8omebi«dy came in and baid, he had
been at London to aee the kinif; says 1, Did
you go to Loudon to 9|>eak to the kintj* c* Yei»
I did go to see if I couM come ui the king, to
sf e if he coul 1 not mend the matter ^ and 9e«
reral times be fttartt-d up, and »ai<l. Where it
the king f Is the km< eome home? And he
said, W hen he came to Lunion, he was gime
abroad i and §a they told htm be waa atiil
abroail,
Svi./or the Priioner, My lonl, we desire to
aak this genthman tiiia ()ue»ti»n ; whether
after this eaamuialion of him, ^hicli he tiHik at
I lie house of correction, he diJ not ilicUre li#
believed him to ht; a madman and out of bit
Metk^eh?
Altcn. 8iime timt after this, 1 met bittitlectt
^try wortliy geuUe^* oioen^ —
Chtthitc* W home sjtiltri ?
4
^
4
flB] 106EOMS.I.
'^ifl^ TbitHlenor Hie primer, EdmH
AraoM. As to the mwtlioB, wlicther I bave
iwl'temeliiaetMiil/llMfced iqpealuBi to be e
&ttri«0r. Whetlmp jmi iid beldMtre, after
jreotook hkeiimiiwittoB, Ihef ymi MiefedBir.
toeM to be a lenetle, ei'e aadoMB r
I rMMlnber. mm 4ajra aller I hid
tweef bie
|to, loMtwiCh tweef bieMera»
MBoeireiiCB ei Tcry ned leputaniNic Tb^
Satw ne fimtyMd told ne wlto tbey wore:
I bmff ibort*i%btod| eenld net ae aoon re-
soiled tbeia,ttd in Ibe a^.toe} and
ibejr lepfCKirtcd to ne, hew nnwrably aftel-
mi tbcjFwere widitbiatad aoeideat} and I
attd. A be tmreyitHveiydeiiloraUe. Tbvy
Mphidt Te be tiire» ny brtlherit mad ; wUbeot
Te be tinre» my toeOMrlt mad ;
beeaoMid biaveiildaot hare done tos
why, am I, that is Ibe best toni you cab gire
toft. BBsbsharbMirisferyeitraracaiititbat
IdM says ^ ^ was,tobes«ie: Whateoald
I haresaidr WeoM yes hare had me toM
the hidies what a rafue they had Ibrthehr
r
SsTkCtoAm. Did yea know Urn bsiore?
SoMUtt. Mylerd, he dolh not answer the
mstieoi he doth net say, whether he did not
deeters, that he bsBered him to be a madman.
JIte. Inererdidt asl remesibber. In my
nphwen, he was very mnM ent ef tile common
way of am, in the whole oonrm of hte life,
Us prsesedingB^ as fbr as leooM gather
' hn own bidianoari and the coarse of bis
wationi btU that I said he was a mad-
SoUcUor, Ifyon please, Sir, one word more:
whether the prisoner, at the time that he was
in the prison, did not detire Mr. Allen to shoot
lum tnroogh the lieadf And whether Mr.
Allen did not declare the seme f
AUen. He said he was willing to die, Why
wonld not my lord Onslow shoot him, or gire
him a gun, and he would shoot himself f I am
wiliioff to die; for I am not willing to bring
ray fhend into trohUe.
Seij. Ckakire. Pray tell the oceailon of bis
sayiv, he would not bring his IHrad Into
tronble.
Aikn. The occasion that drew him into that,
I had a notion, that somebody most set him to
work, the act appeared so unpro? olred, and pre
When 1(
I eiamined'as to that cir*
enmslance, especially when he said, mjy lord
was the author of those tumults and diitarb*
ances, 1 asked him, What disturbances F He
said, At the last eledioD ; and whererer he
went, people still damned and cursed my lord
Onslow. Says I, Did you eter mention any
thing of tbb dengnP He told me, He had
long and deliberately intended to murder my
lordOaatow.
Ben.CkeOirt. Howkmg?
Alien. Erer alnce last horse-
twel^^BMinth; and hebadeommonicatedsoch
bisfaHentMa to hisffiaodsi and they Wd ea-
Ihim'init.
Trial 2f Edward AnuUp
CkuHi^. Did he namomqr
He did name two Mnial
Cktihin. Wedcito the}
Just. 'Jhny. What perssns did b
Ail^, He naiAed them as peraa
bad communicated bis intention of
my h>rd Onsbw ; and they approre
8oikii&r. My hwd, if I am nghlly
tlicse Tcnr perMms he InmI named
fHendsofmT knrd Onshiw. Oor
lunacy ; and if he declared persoc
ftientbof my lord Onslow, it is* an
Ibr as ; and that is the only reasi
deaire Mr. AHen to answer to your <)
AlUa, As soon as ever he nanoM
persons, says I, Tliere are several pei
town oftheaame name; but who w*
Just. Traey. Yon don't say tha
they were hia advisers f
Aiiea. No, not his advisers ; thei
of it, and encooraged him in it; an!
found me aolicitous to fix nvho tho«
were, as I thought it behoved me
would haverecMled lus worda; ss
you think I will bring my friends inl
No; 1 am willing to die; why don'
me P Wh V don't my lord On8k>w kill
don't he (et me have a gun to kill n
Says he, I won't bring my friends in
Serj. Cheshire. After he had name
eons, and you poraued the eoquir
drew in bis woida P
AUen. Yes, after he hsd named I
he would not bnnjf his friends into tr
(After some dispute about namii
naming)
Sen. Cheshire. Then I ask you, i
you'lldedare upoifyoar oath, were
sons that were so named hy the pr
markable friends, aod in the interest
Onalow, or opposed him in his inten
AUen. They very remarkably op(
and were ever undemtood to be bitt<
to my lord Onslow.
Sol. for the Prisoner. My lord, I
know mT this gentleman, whether B
did not desire him to shoot him tfa
brains, or words to that purpose ?
AUen. No, my lord; 1 don't
thoae words: his words I remember,
dueed them into writing. I would I
it by way of confession ; but he wi
bom, that I suppose if 1 had offen
duce pen, ink, and paper, and take
from his mouth, he would not bar
word : but in a few days 1 reduced
writing ; and I do remember very w
he would shoot himself: Why don'
Onslow shoot me P Liet roe have a
I may shoot myself: but I don't
brains to be mentioned.
SoUeHor. We desire, my
whether all the persons naaaed w
enemies to my lord Onslow f ■
' iiMof. Uenaaed hut tw#a»^j
1
fnr ihaoting ai Lord Onihto*
r€. My lord, we ha?e gone
I kiu^*s et idence ; and we reserTC
l^loiy to r«*|ily, il there be auj oc^
>e«ent we rest it Lerc*
Trucy, Prisoner, yaii know what i»
^^u are u}H»n your trial tor your life ;
i»el for Ui«^ knij^ have g(me through
iileoce; litt%e offered all that tbey
kterbl againsjt you ; you hare heard
latb been oftVred against you ; now it
» your turn to make your defence^
r you for yourself ?
wr. With humble submisstODf I don't
bat In iay. May God forgire; if it
itU« I am sorry tor it. I dun*t know
lay more*
Vrucy, What have you said? Repeat
A aaid.
ter. With all submission to your lord-
on*l kno^v what to say. task pardon
If offences and faults,
IWcy* How came you to attempt
ter* I donH know how it happened*
{racy. And what was the cause? It
kthat tluM noble lord ever did you
ry. Call your wiUieases for the
r the Pritoner^ Nathaniel Arnold.
Nathaniel Arnold fiwom.
Vracy, Sir, you are called here on the
r ibe prisoner ; \vhal can you say ?
i. My lord, he is my brother ; 1 have
^iin 1 great many years \ 1 am sorry
M to speak any thin;^ on such an oc-
I know him to be a mrnhnau ; there*
me t shall nhew such things of him,
Court will think him nt}, I hare de-
lay lord Onflow, thst I ha?e no inten-
inreen htm from punishment; but to
If to save him from the gallows. My
rn he was young, my father hath tried
m ftppreniice lo two or three several
'v'i\ nothinp^ ; he came home
I la Mr. Ford, who is a brewer
B^ persuaded my father to let him
£ tie took him, he used him like
f liid biiu with his son ; but he would
I he waa at other places. Home time
I he had a mind to make me a visit at
I knt;w whst an ill-natured fdlow
» my faUier and sisters : 1 would have
i« him to stay with me ; that would
Aflerwards I hail a commis^sion from
vv him 15^. a year, anil send
ill re. 1 writ a letter lo an ac*
P9 there, and had a place provided for
him witli clothes, and ti€-nt him
line back a^^^ain* Nothing we
lUt i^nvrru him, beseemed so hke
|lVhen roy father died, he ld\ him
f^ Hu wouM lay under barns,
caught hini under my own
ning« whifo he nii|cht have
He had o house in the
1 1 but he had never a stogl» or
A-D. \12U [718
a pan, nor noihing at all In it I don't know
wnether he had a chair, but there was no bed.
We cotild not persuade him otf this : wc would
Jet him have money.
Just Tracy, He would live by himself.
N, Arnold, He lived by himself; and he hath
known when quarter-day hath come, becausa
people have dunned him for money ; this
White the taylor, Sturt the alehouse-keeper*
And as soon as I came, and he had notice, he
would dart down the hill to me, where I hate
been surprized by his looks : sometimes I gave
htm good words, sometimes bad ; someiimea
I gave him a little drink, sometimes none, for
fear : he appeared as much like a madman vm
ever any body did.
Serj. Cheshire, You are bis brother, and yoa
would save him from hang-ing ; it is natural^
and I donH discommend you. You are upon
your oath; and Justice must be done. 8ir«
let me ask you, whether yon looked upon
yourself to be a madman in treating him in this
manner? — N.Arnold, No.
Serj. Cheshire, You say this man had hit
memory return very quick every quarter-day f
as soon as that came, he woul«f come to you
for his money : did you ever refuse it him,
because be was mad, and not fit to be en*
trusted with it ?—N Arnold, No, I never did«
Serj, Chtihire, At the several times he wsa
put apprentice, like an untoward boy, he wuuldi
niii away ; did you look oo that as a sign of
maduess ? Then he was put to a brewer, did
the person you treated with, or you, look on
him to be a madman ?
N, Arnold, I did understand that he thought
him disordered in his brain.
Serj. Chethire. As every untowartl boy is ;
when you sent a letter into Yorkshire only,
and no person with him to take care of tiim,
tvould you, if you had thought him distracted,
have sent him alone to provide for himself?
N, Arnold, We did not send him alone, but
we sent him on ship-board ; 1 sent down to A
person to take care of him when he camo
there; 1 did not think him so much a m^id-
man as to be chained*
Serj. ChaMre. W^ould you take it to b«
proper, you that are his brother, to send him
on ship-Ward into a country he had never
been in before, only on a t^ecommendiition of a
letter, if you had thought him su mad a« not
lo be able to provide for, and govern himself?
N Arnold. I sent him to one that was my
customer.
Serj. Cheihire. DiJ you observe in thoM
letters that he was mad ?
N AmM, No, I did not.
8eij. Chuhirc, Then in these several pas*
sages ttiat he was too sharp for you, is that a
sign of a madman ? Are these your sole rea-
sons because he acted like a naughty maiii
tliat lie was a madman ?
Serj. Wkiiakcr, If he was distempered, wli J
did you not Ift him be coutiiied f «
in, Amgld^ 1 dtd not think him to much m
madman as to coniiue him.
tld] 10 GEORGE t
8en. WhUaker. I would ask yoa, on yoar
own knowled|pe| can you give mo accounl of
any thing' that bo hath done, but a| a auHen or
cruel man ?
Mr. Mar$h, Yon don't kiok upon him so
mad as to be chained i-^N. Arnold, No, 1 did
not.
. Mr. JforiA. Did you put hmi noder the
care of any person r
• A. Arnold. N(s I did not ; he lived at large*
• Mr. Monk, Did he ever live with you ?
. H, Arnold, Yes, he diil.
; Mr. A!arth, How did he behave himself
then f— JV. Arnold. Very oddly.
: Mr. AforiA. As how ? .
N. Arnold. As a madman, I thought.
httj. Chnhire. Whether or no did be oie to
t^rry « gunP
JV. Arnold. Yes, oAen in bis father's time.
8erj. Ckahire. He used to use a guu P
N. Arnold. Ho u&ed a gun in my father^s
time.
Just. Traey. And hath he done so nnce f
• 3^. Awnvla. Yes, several times ; and 1 have
seen him with one several times sinoe.
Seij. Ckeihire. Why did not you take it
from him, as he was a madman ?
N> Arnold. He was my brother, and I did not
care to oppress him.
Serj. Cktihire. Now you would have pre-
vented him from doing this mischief, if you
had done so. Did you ever farm any land ?
N. Arnold. I have.
■ tteij. Ckeshire, Did you ever employ him P
N. Arnold. I have employed him in raking
of b&y 0€ barley.
Serj. Cheskire. Did yon find he brought it
together, or scattered it about.
N. Arnold, He brought it together, but in
such a manner, not right as a workman ought
to do.
Seij. Ckeskire. Ay, he was a naughty un-
toward boy from his youth.
William Arnold sworn.
IF. Arnold. The prisoner at the bar is my
brother ; I believe him to be a madman.
' Seij. Ckeikire. Give your reasons.
Just. IVary. What, is lie a lunatic P
W. Arnold. He is not |»erfecl in his senses ;
ho did not know what ho did at some certain
times : 1 cannot say ho was always so.
Serj. Ckeikire, Qo on, and give your rea-
sons.
W. Arnold. In my fatlier'stime I have heard
hhh curse him, and call hiin wicked and
abominable names, \^illiout any provocation :
I have heard him talk to liimseif, somelimiMs
catch at his words, sometimes break out into
passions of cursing and swearing, without any
Erovocation : after this I have observed iiim to
urst out into a fooliith laughter, and grin like
anv madman: if you asked him what he
ttflkeit of, sometimes he would give an answer,
sometimes not. This I have observed several
times ; as to the particular limes, i cannot set
it forth ; but this, as to the general, thai I
Trial of Edward Arnold^ [790
sometimes have dreaded him. BottMtimea he
would be ])reity rational, and act liko other
men.
8erj. Ckeskire. Do you take that lor the sign
of a madman, to do a very wicked thing ?
W. Arnold, Madmen do very wicked things.
8erj. Cknkire, Do you take all lo be mad-
men, that do wicked things P
IV. Arnold, Show do wicked lUoga for thi
sake of profit and gain.
Herj. CkcMkire, Was you one that paid kim
any snare of this alluwauce P
iV. Arnold I am concerned : ny fisihar Ml
asmaH matter to my brother aud mr^ ^f^
him 6/. a quarter ; and my brother camma^
pays him: 1 have asked hioa about ii ■■»>
times ; and he said, the prisoner wouH M .
in score, and then persons would duMi hiak *
Serj. Cke$kire. How do you know Ihit^
W. Arnold. I have heard my brother flf
this.
Serj. CAeiAire. Then yoo know aothiif lit
what your brother told you P
W, Arnold. I know my brother owed amy.
Serj. Ckeskire, The people used to trust m
fierj. Ckeakire. Mr. Nathaniel AriioU,fii^
when you paid him bia quarterago, did ht fin
you a receipt P
N, Arnold. I always writ the icenpt^ai
he signed it.
Seij. Ckeskire. Did you not read it avartf
him, or let him read itP
N. Arnold. Yes, Sir.
Serj. Ckeskire. At quarter-day he wmMW
pretty well in his senses P
N. Arnold. Becanse bo was duned kc
money.
Serj. Ckeskire. Did not he and yoa msli
write and confer by letters P
N. Arnold, Never in my doys, as I koowdl
Just. Tracy, Can ho writer
N. Arnold. Yes, be can write.
Just Tracy, (Asks Mr. William AnoU.>
Did you never write to him P
W, Arnold. 1 don't know P it ia a fiwl
while ago if 1 did.
Serf. Varnell. As to what you were apssk'
ing when he ran a score, did they uao to f<
him in mind of his quarterage P
W. Arnold. Those persons he owed msatf
would dunn him.
Serj. Darnell, And when they dkl d«o
him, did you afiprehend ho knew what ibcf
meant by it P^lf'. Arnold, Yes, he ir?ght
Her'y Darnell. When ho waa told quaittf*
day was at hanil, what would he do ?
If^. Arnold. I can't say, but ha hath i
my brother tor money.
Serj. Darnell. When?
Botk, When he haih wantedi andhsdtfl
money in his pockets.
Serj. Darnell, Did he never toll yon tfaalbv
had debts to pay P '•
N. Arnold. Yes, he hath.
Serj. Darnell. What do you.
you say, ho was sometimes in bia i
sometimes not ; howoftoaworoi
quBii^ i
ifhHMi^
721]
Jbr ihnoHng at Lord Onsh^*
A. !)• 1724-
[78S
»uw:
li^i
K. Arnold. I c«D*t <my it.
Sen n.rrt,<// H"! <Mti never oN«rTC tome
wi t^ cr^tionaJly ?
^. - 1 , 1 Li jcu^:ulyp 1 may hate dooe
myidi,
Mr« Ifi/fiam Armld proceeds.
; Tiie lOtb ©r Juh Usl he came to my house
^nii^n*iNtiTet ; 1 (iffding of him ihere, 1
Mum what btoutflit hitii to town P he said»
' 1 not lell. ^^'\mi business have you in
I ? It U nni » proper ptacc for you ; you
We titji much money to spend : Besides, you
fesy I all iriio hiftd tx>mp&uy. 8a vb he^ 1 conoe
Id tre yoU) 1 think ; what el^e htve 1 to do ?
yiymlie, 1 c«fiU lieeaiy ^ my lord Onslow hath
leWiiehed me ; be plagues tne day and ntcfht ;
1 CMiH eat or drink ; if I eat any ihin^, it
1 tfu , say^ hci as if they pumped
I nut of my body.
. Tracy, How lon^ w> ii tbts?
:ArnM. The lOih ot July last. X then
him, why he was so concerned about
Onslow; doth my lord know you?
p be, I doQ- 1 know that he doth : When
I you ace my lord f Sjiys he^ I don^t know ;
I tbit gTf«i4 whde : Why art* you so disturb*
iylh* \ f- Lniylordr Have yini been shoot-
m Mk manor f No. Snys I, Pray be
i*Vi CIO HI (iisiturb yoursielf ^iih tliese i^ild
Mjoos } pray be eauy. I then g^ave him some
wofdii, and I gave him soorieihini; to eut,
Te him prtMiiise to return home, and
; whtcit it 1 would ^i\t hun m»ney
borne, he would do, an he did pro«
i be would : And that want the lti«it time
i bim before this unhappy accident of my
"" il«iw\,
ierj, Dttrntll. Did he jire ymi any other
URM af hill <M)miii^ to town P
W. Arnold. I doiiH rcmt-mtier he did : After
•iliehr*iMhon, and a very wild look, he tiaid^
tlitn r .** you, i ifiink.
^ :< Give my lord an account,
' iko, whro he uns tafking* wildly
liOit my h>rd Ouslow, did he letl you who
'iim u|Kin thai P
, Arnold. M you please, I have asked him
,....,<;..,>*- \%Qw come yon lo do this
I t^e'tr I ,,iiy boily put you ii|M>n it? No,
iiii.. . ...i^ «orry you have done this vile
D<d my lord Onutow g-tte you any
itkm ? Or any IwHfy set upon yon to do
' fi*>
a he, My hird thi^low h«ah bewitched
always a plague to nte, and was the
tif the whol« country | and several
» ihr fame fiurpose.
' You talk you gave him mo-
1 tiuppose yoii gave him both.
^ruj/ci. 1 ifmve him victuals and drink,
iiry in his pnvkct, pnividcd he re*
botne, which he promised me he would
»C4ca4irr. If youtonked upon him a«
, why would you ijivc him money,
* flabaHcil" wtlb hu promise tbM be would
VOL- \V1.
W* Arnold. I never knew that he attempted
to do any body mischief,
Her}. Chciiire. How did you know hut ha
might do you or himself a mischief? pray
answer the questioti, and be consisteot ; you
have said, you looked U[ion him as a madman^
and that he could not gi\ e any good reasoa
why he was come to London, but said, he la
come to see you, be thinks ; and you gave
him money, and victuatu, and drink, on hie
promistni^ you to return home again } did be
return home?
W. Arnold. I thought he did.
8eri. Chtshirt, Now the great question iff.
Whether he or you are the mailman ?
If. Arnold. \ submit thnt to you. I did oak
hitn where he lodgtrd ; but 1 could not get it
out of him.
Serj. Whiiaker. Did yon rely upon his pro*
toise that he would go home ?
W. Arnold. 1 cao*tsay 1 did entirely depend
upon it.
Mr, Marsh. You tay, the tenth of luljr
your brother came to see you iu London, and
expressed unea^ioess in being plagued by my
lord Onslow ; did he say he vtoutd do any thing
by way of plaguing my lord Onslow ?
W. Arnold. No, he did not.
Mr. Mttnh. Ulr Nathaniel Arnold, did you
see him then ?
A\ Arnold, No, 1 was Tint there.
ftlr. Marsh. Did vou htar liim at at any
other titoe say any tfiing of my lonl Onslow ?
N\ Arnold, I have hrard him say my Urd
Onslow had bewitched him.
Mr. Murvh, Did you hear him expreBsaoy
reaeotmeutf or that he would make any reta-
iiution P
N. Arnold. No, nothing at all of that,
W. Arnold. I did wail on my lord Onslow
when he used to lay to air More Molyoeux'a
lu<lge.
&rj. Chfskirc lie used to be there to de-
stroy liii; game.
W. Amttid. { douH know ; I never see him
there. I did wait on my lord Onslow ; 1 hum-
bly begged hi« lordship's pardon ; but I did
really bftieve hint to be a lunulic.
Just, Tructf, Ifytni apprehpoded hioi lobe
a luualir, and depiiiid of his e»eiisei^ sod under-
standing, you should have taken more care of
him.
AT. Arnold. It was only at some certain
time»; perhaps morp in th«i spring and Hdl
than at other times: t never knew he did
any harm before.
8erj Darn til. Don't you know ol any harm
he did to one of his sisters ?
W. ArmlL lie hath struck her ; I did not
Kee him ; I >< as alirc»ad ; hut «^ hen I r^ime
home, she comphiincd to me that her brotbcr
had struck her,
Si*rj. Darnell What was her name?
W.Arnold. Ell7 ' " ^ nold. I talked lo
him alkout it i he ^^ \\ at it.
Hc5rj DarmclL i).. > ^ i^kt it io be IIm «ff
feet of puskigtt or tuadt»e«»f
«4
f
I
I
783] 10 GEORGE L
W. Arnold, I donU kuow any reason he had
for dointr of it.
Serj. Darnell, Did not you apprehend that
some care ought to be taken of him P
W, Arnold. My father was then lif ing ; so
I had nothing to do with him.
8erj. Darnell. What have vou known of any
thimr he hath done to his father ?
If. Arnold, I have known him abuse him,
and call him names, without any provocation.
And my father, at the request or those that
were about him, about ten years ago, ordered
me to go to the kte lord Onslow, and desire
him to jgrraut a warrant ; for his neifrhbours
bad advised him to send him abroad, m hopes
that oitglit reclaim him : And at the bench of
justices nt Guildford he washy tbem'taken up
aiid listed, as a marine ; he went to the Uallic,
hut did not stay long; the first opportunity
he ran away, and came home again naked and
out of repair.
Serj. Darnell, I think you was talking of
his being sent on ship-board.
• JV. Arnold, That was when I would have
sent him to Yorkshire ; but he would not go.
Seij. WhUaker, Mr. William Arnold, you
tay he was sent abroad by the late lord Onslu w ;
iiave you heard him express any resentment to
luy lord Onslow, by reason of his being sent
abroad ?
W. Arnold. I never did hear him myself,
but 1 inquired of the neighbours, who said,
thai as my late lonl Onslow had sent him for a
soldier people would sav, if you dou*t behave
yourselr well, my lord Onslow shall send you
lor a soldier again ; and that run in his head,
and he never could get it out again.
Mr. Marsh, He came away from his ship
without leave ?
W. Arnold. Yes, 1 believe he did without
any leave.
Serj. Darnell. Was you never told that this
prisoner threatened my lord Onslow ?
N. Arnold, Never, before this accident hap-
pened.
Serj. Darnell, Not by any servant of the
house ?
N. Arnold, I don't know that any body
told me he had threatened the life of my lord
Onslow.
Seij. Darnell What dkl the servants tell
you relating to my lord Onslow ?
N. Arnold. That my lord Onslow had be-
witched him.
Serj. Darnell, Did they tell you of any ra-
solution be had took upon that ?
N, Arnold. No.
Serj. Darnell. Nor of any thmg he wouU
do?
N, Arnold. No, I dont know that they did;
I don't remember it.
Mary Arnold sworn.
My UMid, 1 have seen the prisoDer several
tunes under great disorders, insomuch, that I
took hun for a man oot of his senses at sundiy
I hate becA in Iho fiunity tlafcn
Trial of Edward Arnold,
years ; ^and to the best of my kno*
never heard him speak six sensible i
gether : and afler the death of my i
ieil the house. Before the death of a
I went down every summer. 1 have
in great disorder. One fine day in 1
mer-time, his sister, his own sbter, v
the garden ; they kept a dairy, and
and the milk- pans were out, and he
stick, and she reproved him. Pray d<
says she, vou'il break the milk-pans : fa
it up, and threw it at my sister, and si
with it about the temples ; with that
into a passion of tears, had like to hav
aU-ay ; we got w ater, and recovered I
we were afraid he had prejudiced her <
that she would lose the sight of on
eyes.
'jubt Tracy. What, wilh any hmi
gave her ?
Sirs. Arnold. Yes, my lord, and W€
Mr. Thomas f lo.^ ard, and he came
douH rememlx:i- wiiether it was jusi i
ho came that day and let her Mood
the hurry and surpri:ce, 1 went to I:
reproved him severely, and Ubked him
could do such a wicked thing to his ow
He lauifhcd at me, and I drew back,
he should do me a mischief. Then 1
cUre, that I believed that he \ias, at
madman. When he sat at table, he n
sit like other people ; he would put hi
out, and had strange, surprising, anti
which i never did see in any person ir
heloie. An alter the death of my fa
laid at an old Honiau's house, that usee
in the garden, and when she and I hai
about Edward, the old woman would f
pend on it, Mr. Edward is a madman.
Just. Draci/, it is no matter what ;
you, what is your observation ?
Mrs. Arnold. It was always my opii
4vould do several surprising things.
Just Tracy. What, you are me wif
Nathaniel Arnold ?
Mrs. Arnold. Yes, my lord, I am.
Serj. Cheshire- flow fougago is itt
made these observations?
Mn. Arnold, I have lived eleven yet
iamily : it is about five years since.
Serj. Cheihir§. You knew him befor
Mrs. Arnold. Yes.
Serj. Cheshire, How came yon to ol
then, and not before?
Mrs. Arnold, He was always a very
unaccountable poor creature.
Serj, Cheshire. But you reasoned w
why would you throw the stick at my s
Mrs. Arnold. 1 did.
Serj. C/iexhire, Did you talk to h
madman ? Wby would you use and tal
to a madman ?
Mrs. Arnold. I used to reason with I
Seig. Cheshire, Did you never speak '
that eare should be taken of him, and i
to be put under somebody's care f
Mrs. Arnold, 1 have oilea
Jhr ghmting at Lord Onshw*
BIr Arudfl nbrtut liim : he lired , tci all fttankind,
nw out of the bad grtveii I
f ; about liis ifo sacli a
IS iiir ntnv '1. Thiit this
eskire. Am] \ fithetiP tim^^stosbf
y \-- ;,„u aiiii uKii iime he iiis reportt^J. tuui
ti riy ol tbp fiimilv-
\ till hfar of liiB hehavioiir
^hi, that it w«i9 In ti disonlerfy,
rHoW* 1 hftve heard tnik so.
!«.^ire. If you upprehf^nded it to he
crM not crerv body be amazed^ that no»
»ok cure of iim jwor brother ?
^^fnoid. fl was hanl lo confine « poor
hi» father did oot think dt to do it.
^l^rae 1 «ee tl»i* prisoner, he came to
it was about a moiilb kcfore he
t; and as I wus sitting, he
|t - door, fttid 10 11 ^<?at confu-
liiiij u int ce with me, thai had never
before ; says I, Drm't be frightened
! won*t btut you ; b"* ^"^ ? I'^^J very
HuoU'd extremely v -tat lo
oner, •ndmvii^.. ,. , .,ji»anded
iftys I, \Vill you Imve a dish
poiild have some beer, I or-
I to mix it frith some smatUbeer^ for
dng him wonm. He talkM extremely
my 8 I^ Speak out like a man, if 1 can
j^u, 1 wi(l. He told me he was be-
kM to himself, and t heard him
^^ Plime»T say* l» ^Vbo halh be-
f^SJ? He luld me. The imjm. J asked
fiat he ineikut by imp^ ? He told me,
' in bis room all night, and he
in his bed for tbem, and the
him I and the imjts Htood by
rsome lime» be would have aii-
rfnk, but I \Tf" " * - • fV|ve it him :
Ifbr thliv, tl 1 (T goin^ to
bployingyr ..; good things.
My lord Onslow, why should
By bim? But to the best of my
I, f never beard :*ny lliinsi about my
|w bctbre, or of the pcrsoD he had m
EUanor Arnold sworn.
nefff ! Mieve tliis poor prisoner to
«i for n«ar sfven years, and
hath not been capable of
lJe*isfn, or pluttioif imy thing
ly, but biith lived in ci rambling,
. The '30rb i-t ' ' * ust, he
paribh church ol l»s* iti
.,., ti... ^.-.,.,,1 r f u.. tnHt^ifijaiioo
•md told me so,
I lien apiH'nri'd to
ifuitc out of bi^
I iu\ l<ii il OnvitHV
A. D. im. [726
1 anked him, if the prisoner
ccoitnt how he came tdj
' ? Mr, Alien atiswercil,]
' I tl bim se?era^^
ains. I know' J
III. 1 ij 'I <u>nacteiL but 1 af*
II agony « and
BftW' dav. aftt
lilt' ^1
cr. la
Eiliatr acted ? Mr. A J
n wiili
lit my
6rm it to be otherwise ; 1 have seen him for|
nine hours together, talk uon^enHe ; sometime
curse and swear without Uie least proTocatioo •!
and if your lordship will ^ive me leave, I oaa^
relate several facts, as instances of his being;
distjaeted. My lord> sometimes, when we
h oiit» he hath got the fuel, swept it j
ii|> t^ Bod made it up into a great nre^
OH il be would fire the house. 1 have seeti
him take live coals out of the wood fire, an4 .
throw tbem into his father *s plate: h£ would j
often talk to himself severGil hours : somfftiroeikl
he would be lu the most torme:< >tiiesi *
and t do declare 1 have been in > y^^H
for fear he would do some murdtr,
Serj- Cheshire, If you apjirehended your
brother ia these mel»ncholy circumstanoetp
why did not you take care of him ?
Mrs. Arnold, We applied to the tninister of ]
the parish, who was a very ^ocmI man, Mr,
Woodward, and desired that he would endea-
vour to reclaim him ? he talked to him, but at
last, hededaredy he ought to be put into soioe^*!
mad -house.
8erj. Cheshire, When was Ibis F
Mrs. Arnold. Aboot five years ogfo. 1
S*?rj. Whitaker, Was there any discourse 01,1
applymj^ to a physic iao, 6lc*? You say ai
minister made ust^'of menus to reclaim hmt, I
don't hear of any phyjiicjiin consulteil.
Mrs. Arnald/Ue never had any pby^lciAD/
to my know led t^e.
Her}. WhitfiktT. Hnd lieevcr any nhyMCiao,
or any care taken of him, aa if tits was %
madman!* — Mrii. Arnold, No. '
Just. Trocy. He hath struck you ? ^
Mm. Arnold. No, not me \ It wai another
sister*
Serj. DamdL Did you apprehend from an/
of these circumstancea, that he was like to do^
mischief F ,
Mrs. Arnold, Sometimes I have been afraid,
of it ! he would make a greut tire, and shut
the door, and keep us out.
8erj. Darnell. You have seen him take Kve,
coa]»i, and throtv th^m into his father's plate F
Mrs. Afh, ' ' " T
Si,iy J>*i/
I
ou not afraid he would
Had he not seustt
havu s«'t thf imii**' wii tire f
enough to ifo that ?
Mr^. ArnM, I believe he had doi»e U,
had not lieen prevented.
8eij. l)ar>^^i'^ V^nidld nottbiokhimao
Its that it %^ "V bim.
Mn,Arn ,' uscieoce, think .
so. . ^
Serj. DamelL And yoti did not conAne htm f Jj
Mrs. Arnofd, It was not in my power. -
Mr Mank. How looj^' hate yoa lived •!/
^ord?
727] 10 GEORGE I.
Mr. Manh, You can't but hare obsenrcd
him then fii'ten out of order P
Mn, Arnold. C>Aen so, by fiU.
Mr. Marth. One of ;^our brothers sayg, he
Qfled to be worse in spring and falL Did you
crer send for any uhysiciao ?
Mrs. Arnold. No.
Mr. 3//irsA. If he was so spring^ and fall, a
little bleeding would hafe done him good.
Mrs. Arnold, I don't know but it might.
Mr. Marsh. Did you erer send to your
surgeon to bleed him ?— Mrs. Arnold. No.
Hi^rj. DarnelL Was it the opinion of the
family, that he should be sent abroad for a
soldier?
Mrs. Arnold. It was the opinion of many of
his frittnds ; but that is eleven years ago.
Seij. DamelL But he used to have liis
frantic tricks then ? — ^Mrs. Arnold. Yes.
8erj. DarnelL Whetlier did you look upon
it, that sending him for a soldier would redaim
him, or cure him of his madness?
Mrs. Arnold. Some were of opinion it would.
Seij. Darnell. What* cure a madman ?
Mr. Margh. Pray, how long hath your
father lieendead?
Mrs. Arnold. Fi?e years, last Octol>er,
BIr. Marsh. How long before his death was
this flinging the coals on his plate ?
Mrs. Arnold, I don't know, but I beliere it's
more than seven years ago.
BIr. Manh. Do yon know any thing that
should give him this torn of mind r
Mrs. Arnold. No.
Mr. Martk. Whilst you have ljve«1 at Guild*
ford, hath it not been known and heard, that he
went a sporting with a gun ?
Mrs. Arnold. Yes, frequently.
Mr. Marth, Did you ever caution any body
against letting him have a gun or ammunition ?
Mrs. Arnold. No, 1 never did.
Mr. Marth, Was he under any body's in-
spection, or care? — Min. Arnold. No.
Serj. Whitaker. Did he not kill rabbits, and
sell them ?— Mrs. Arnold. 1 don't know.
Sen. Whitaker. Hath he not taken fish, and
sold them? — Mrs. Arnold, I don't know.
Serj. Whitaker. Did vou ever apprehend any
danger from his luing his gun ?
Mrs,. Arnold. Sometimes we have.
Serj*. Whitaker, How comes it you have not
taken it from him ?
Elizabeth Arnold sworn.
Mrs. Arnold. My lord, I have lived with him
some years, and for more than seven years I
have observed him to be mad at sometimes,
though not so mad then as he hath been since :
he was so very mad sometimes, that I was very
apprehensive of being miscbiefed by him ; he
would have pistols and guns, but 1 have taken
them all away from him. Sometimes he would
let off his gun b the kitchen and give no warn-
ing: a great maay times he would sit and talk
to himself, and swear: Sometimes he would
ulk to inhumau creatoret iu a different manner
from what I have haard any body in Iheir
Trial ofEdvoard Anuldf
do. About a month before my kwdOK-
slow was shot, I observed, aa I oooU by his
eyes tell when his fit was comiog, I ohsMrreA
him to look more wild than ever I see hiss m
my life before. The 20th of last Autpst* hi .
came into the parish church of St. Nichelii,
stood in tbe firont of the ooogrsgalioo. with his
face over his breast, ami bis nair in soch a
dismal manner, that 1 see several hwk at hia ;
and they told me, when I came oat of tha
church, that my brother looked so frighlM,
that they would not meet him for ever so OMMk.
On the 28tli of August last we met Mr. Jus-
tice Allen, and we asked him, if be did ait
think him distracted; he said, He if a grail
deal so, and he appears to be an eaany toil
mankind ; that he would give him no aooHil
why he did this action, Imt desired him sevaA
times to shoot him through the brains. Asli
myself, the relation my sister, Mary AmMr
hath given of it, is true, he had im^ provsci^
tion from me ; so far from that I was aftihltf
him, and 1 said. Don't throw the ttick at nt:
but as soon as my back was turned, be task
up the stick, and threw it at me, and ate-
wards laughed at it.
Mr. Marth. Where did he live, when ysa
was afraid of the danger of his pistols and goosf
Mrs. Arnold, Sir, he lived in my fathoms
house at Katherine-bill, where 1 lived.
Mr. Marth. Then, I find, when you was ia
the family, it seems you were alraid of kit
iruns and pistols ; how long have you lived at
Guildford r
Mrs. Arnold, BTore than three yean. I
have left: off house- keeping five years.
BIr. Marsh. Have you not known him bift
his gun at bis command, and that he used ts
go frequently a shouting?
BIrs. Arnold. 1 did not know it of royfdf,
but I believe be did: He had no fifun of bii
own, but he used to borrow one: When I left
off house- keeping, 1 sold my gun, and wouU
not let him have it.
BIr. Marth. Why should yon take so ni«b
care when you livetl together in the iamilyi
and take no care afterward ?
BIrs. Arnold, I can give no account of that;
but my father hath been advised several tiaws
to put him into a mad -house l>y BIr. Wosd-
ward, the minister of the parish ; and Bfr.
Woodivard advised my father, in mv heannf,
to put him into a mad- house; for he saul w
was mad. and nothing else would do him fCpod.
Mr. Marsh. Do y ' • • «• « ?-l
Mrs. Arnold. No ;
saw him in my life I
When I first heard of this horrid action, evcf|
body said he was mad.
Eleanor Giltings swoni.
mg else would do him ftpoi.
» you know this Mr. Smith '•
o ; I don't know tliat e? er I
before : 1 do not know bifl*
My lord, I have believed him to be a
ever since I knew him, which is almost vm^
years : I was at his father's house with a ai»
of my master's ; 1 see him do a great ■■(
wiki actions ; I have heard him awonr uA
coraoi fling things aboutthe home,
J6r shooting ei Lord Onstou)*
A- D, IIU*
1 1 I Ittte been ofleo lurprizet] at it ;
; h«lii(l nerer done no hnrm* I w^as
^ liriili it. My misLrest hath been Kt
e-iii)l for four yemrs last past, six^
titha at a time,
Vacy, What, at that house f
nf;s. At that bouse, my lord ; atid hatli
to It the hack-door, and sat in the
and leveral tiroes I have found him
^to hisDadf ; I have come in and spoke
Xmnd he hath made no ansirer. Lnst
[tiffot down ; My master^teoQ was sick,
at tor him to go a Bsbtog', to g^et a
i Ash. A day or two after be came in at
[teclidoor into the kitchen, he sftt himself
1 desired he woubi g-o a fisbioq', and
dab for the child : He sat in a con-
er; and %i last he told me the child
enough. 1 set victuals befure him,
[ he did not incline to eat or drink, but he
lb » great burry and confusion, more than
\ htm before : I was amaased at it,
\l — kfed hitn the reason ; he lobl me my
f disturbed bim day and niifbt ; and
ltd sent imps uod devils into bis room,
bad no sleep, and he was with bim
tver he. wevki. 1 have seen bira since
I I atwsys found bim in in'eat disorder,
Dplainioif of my lord On«low*8 be-
lli^ and he had <ient intu his chamber
imps, and be had no rest, and he
[ go a l^sbin^, for my lord Onslow ivas
bWiDr 1 iof|utred at that time whether he
fi<»bintf to roy lord Onslow^s ponds,
Ifcnded his lordship with any tbttj^' he
IP No; he knew nothing', hut that he
rwith him p<*rpeiuiilly. Alwul May he hurt
i trm, by jumping over a little river ; and,
1 nasi tidd, he went to Mr, Thomas Howard.
loiL Tracy. That la notliini^ what you was
^Hmgi, My lord, I oi^ly brin^^ thts as a
■iancr. He went there, ami Mr Tho-
pHownrd applied a ptaister, and rolliil it up«
I'if be sent his man to know
man called at a neiifhbour's
^ It M I rn* lie did not care t«* ir«» tiy him-
I when be came into Ink riHMti, there
I the plaiiier and rod thrown about the
njil you se«5 this?
'O I l»eard of it, I went to
d why he served Mr. How-
nn »u, and woufd not let him ilottp his
fcys he, Mr. HowanI and his nixn are
Uiey only wanted to make issues in
utttl his arm wss well enouffh, and
sliouhl dt» notlunis' to it This I henrd
, Home litile lime after (hnt I under-
it Mr. Waitr's rooks bad oftVnded Inm,
af«« they m^ide m ibe ni^^ht, that he
fvr tb*'m. I have beanl abun-
Piea that I must not repent bf!re i
if^i ..,....,,.„. He came one day
in a disconNfdiite
1 ^ .,i , :, ^., :..^.; In* dill f He toid me
litwticbcd aod tliMurbetf^ and Jttr.
Waiters rooks made such a noise that be cook
notskep, nor be at peace i lay nor nitfht;
told bim he hatl uj^d Mr« Wnite dl : He said
he had no mare business in keep rooks than he ;
and Mr. Waite is a rogue, and noliody loves
him ; and be knew his wife did not love bim.
Thiii be told me, and said they had disturb
bim all night and day ; and wAti then upon tb
story of my lord Onslow a^ain ; 1 thought h* '
had got out of one into another.
Just. Tracy, When was this?
Gittingt, A(\er ftlay, between May an
June, in the middle of Juitp, I beUeve. Af
this was over, that the rooks were done witii
and got out of bis bead, th^n be begins wiifi*^
my lord Onslow a-fretih ; then I often hcurd
that be complained of my lord Onslovr**
plaguing* him day and night.
8erj. Cheshire. Don't tell what yoa hava.
heard fmm otiier lb Iks. r
8erj. WkUulur, Did not you lire with Mr J
Edward Arnold ?
outings, I live now with Mr. Natbaoic
Arnold.
Hefj, Whitaker, Did yow ever hear th«
prisoner threaten my lord Onslow, or bis life? J
Gittingn. Never bis life, nor nothing bke it.
Serj. WkUaher. Did you never tell one of *
these brothers that you have heard him thus
threaten my lord Onslow ?
Gitttngs. Nu, J never did hear bitn Ihrealen
my lord Onslow.
Serj. Whitaktr* Dtd you tell any thing of
the prisoner ?
GUtingM. Yes : I told my master*s brother
that I H MS in a great fright about the prisoner ;
that I believed bim much worse than ever I see
hino ; and much feared he would do himself a
mischief.
Herj, Whituktr, What answer did be maker
Gittin^s, My master's bruther seemed su
prized t
8erj* Whitakcr. Did not be say, Mind yon
nwit business, you have uotbing to do wilb it \
or to that purpose ?
Giitingt. No ; I know nothing of it that hf
sail I ho, I have a great deal more to say, ml
loriL My mistress an<| I coming from churcQ
one day, some time belore be sbol my l<»rd On-*
slow, and coming from cbiirrh, a sboiver of
rain drove my iniAlie«s into ihe bouNe of his
landlady ; I was with lit^r : the landlady C4ime»
ami my mistress u^kei I whire the prisoner was?
She said be was ^vilbtit : M^y mii^treiis told her
tb.it she was very angry wuh biui, and did not
itesire to see him ; she was very angry that
he should go away with Mr. hawks^s horse*
Hi** landlady told my mistress, He is certainly
mad, and it was not' to lie iiuuded what be said
or «lid.
Serj. Chuhirc, What you hare heard (fOM
for nothing.
GiHingi, 1 was to see the prisoner in tht
gaid Ml h^tuthwark th«* 2!kd of last month, be«
nig the fintt time ) tv* r ^Jitv bim since he sha
my lord Onslow : [ tiMtnd him in great diiordtf
tbeD| and I asked him bow he cataeti^ i^%!(W^
*:-♦.
/. '.-auvfiV^,
*..«• r' ^ • ^^'^ flii< «ar tHii. M 4i» t ' iwi 1^
«/a4 M* ««««« •/•> tf*i*^ ^t ffjii w* fl^f Hffn*
•»«v • f.4«A« >l tAT.!^ W fa^ ••v'il MM MflA !lflB
• ^ /.-«•■ -^ t/i# MVP ft •JdftU' , Mif U:i«<lC4Vf C
kiiMft t.«<to* V'irtff «•?'.• •'->««sM»»:<
v^u«ir .rt •.'•t*r. w f r ' J* » •Ml'. «* ■-.«• w«*;cJl:f^
i^.^ > .« •».>( '^ yi 'rf*/. 4.tK v»*'.VWirwW ' Ma
U>'. **^ ^^ >/. '. v*.»^ k $'.^<A.ijr-U^t %:'4^ *iV y V
Ai^* f V.'' / • V ,.«•.'!« '7 4.'.^ « «v.>C ^•^ *<
^«.>^«#«/; '•.« A//:? #«'^) utf> 9„« v/'* , rf <«<^
Mttftf Mttthn %m**th,
M# I*' •'^'■''l ^•r«'<4'l w«4 III iAjr fi'/UM, wfiirii
!«' .|«l' ••I'l wa« f^4/l .'k/S ,^ri.'#M, rn^^l NH
^MHilfl. iVf^iilf «'/«itf| |^i»«f |«irn lliat ri-(^frt ;
I.I «iN// 'ii'l Am»'iI<1 rti'l Arff'rM ira»fri my
Iiiiii«i , itii'l «' < >rf'liif(/t/ I .ilif'l for a '"*'IC ''^
III t I Ami| i«Ii •i.:'i V"II, I li.'-|f il |flllrllf: hoil4«'.
Wliifi I lii*'Mi'J« If* fJ liiiii M if 111^ >»f iH't-r, III' tini
liiiii.ii H ilo-^ii liy IIk- lliit « Im'- li II u ■-^'siimi;;
uml « iifnMi|/, iiii'l Mi^'M*- liiul my loiil OhvI'ivk
■«i|« ill iii-l lliliy hiya I, Nl'i(, Mrlllll MIHlfl'll
ymi 1.1*1 III, mill riiinti my IihiI Oiiii|fivy Hit I* ||
iH|iiiV. riiil.tiiil my I«im1 ulioiilil biHiw ll ; if lin
km M* till t*ii4 III yiiiii liitjy, liii MiiiiM i|ill< kly
i.iimi> mil III ll Miivn I, If yiMl ivill liiivr, Nril,
M iliiiiiiil, v"<i N'l'l 1 tiill K" '" 1"<*I 'riii<ti Wl<
i<«iiii liiiluil «»liiil lliiir til fMi, w tiii'ti |vii« iiIniuI
■il^ III ill iiiii«« ii'i liH'li lliii III ^1 mill iiiiif.> , In i{i)
III iiiv liiiil niiBlii^ir'u, mill (I'll liliii III \\\\n III Iii«
|ii»ll\ lri>iiiitiii|.'lv liii ^'ul mil III lifi rliiiir,
mill iiHili ll liiiilii, mill kt^iiir lii« wiiiilil fiiri \
lli.ii mill liiiii I h II yini iiiillilii;* Inil wIinI In
iiiii< Nil lliiii 4 mill 'i III llmiv ■ - , IMr.
riiilli I'ki iiirtii (lull lii-ltui^i III llir liitiari. ||i*
tiMiiiviii mill I «ilii|i III liiM liiiitil I siutl,
|liiii\. Mill \ttii i;tt iiiiil WHWiK NimI mill I III my
litiil |lii«li>««'.., mill irll iii\ liuil lli.il liii IN III
^»■^l . W\\\ •' riuii Mntinl nuiio III, Ni'Vi-rtil
tuiii.i't !>• lUxik III iii\ ImiM) . mill lliik b.tiiit'
iii.tii («i| I U4i:)mii^ liiMitil^. I r.iitil, ll.:ir^,
\«.i; \,»i» .-..» • \ \'%. X i\ N 1»»' r»iit. vi\N I. NihI
liii.il.i \»\\u or «Mii\-.i^ u ktiii^' Noi !ti\N lie.
|i \K u » » .\ I k'l.', . \»o ui.t^ t-uiy vou 'iJh'k\
tai Mi\ Ui vl Mill 14^ > OIU* 01 OS, !\iul veil J I'S
»,i 111. '••.•ki«%- |if k.» ;tV . •-' V\ . V.1XS I, :(|m(
li4 »», ^.'.i i*si IK* ■'..I V> .» »:i iil\ l'.»;i\o
l¥^h¥4MU«l^
'V« E M
} VI. tL-1 fUTL, Iff iri*
«*WU, ^>Ut ISBft Xtt
StfiJtn HwiruMX f nKLj I dir IB- umm^m
»M Men « ^-CaO^IIDBX ^WV IPL frll
t«r,ik t. ^^zh^jaTm acr. vac «ii> ooBne ^r. inA
^^ tiA»»^y. 9»fciY arr •fiuipnar aiBK If- v fl^
i<«,i M.4 bt e.«i; a^t cac ic inuL If 1 1-^
«Aw Kk It wriB't cak te ■iiwfiiii — I'll i
VI -k U*r4, il it unoe. 1 omk 1 iM« MiVf
6«e;jMA rvvra.
I VMk bim to be a cr«cT art «f i jiik«:«l
t/j b«! in bi« %tiaht^ at lii ^ma. He vnrii flf
b«; y¥ b % u\-Aif ntr^ «(fb tbe Kjv I3f »o^c». ifci
b«; rrcfuM ri'H rtst k dlt^jI : be vs fu l*f>f
III* imm with tiie raj. or be co'jM omSsf h
I lie irioriiiiiK stuufAimtA he huh a*kc^ f te
llif-r I Miiilil rest? I tTjl.J bim, Tenr vHl I
rtkkfil liiiii, liow he rented? Sajs'be. I fli
|ilii;(iii'il Willi tin: hogii aod bolliesl lie loAgd
Ml my lifiiiHir 1.^!itonths.
Jiiiii Dtity. How long agrois it lioee k
IimI^i-iI III yoiir houfte ?
Silt I man, lie lifed there till this aedM
liuji|N iinl.
Nii;). Whitaker. Did Dot yon lend bifflt
({nil !'
Se.'rtman. Not at that time : I did ok tt
Iniil liiiii II ijfiiii in the winter, to shoot spaiTMn^
\r. lull 1 did not lend it biin at this time thit
tllll llil|ll»l*IICll.
Siij. U'futaker, Why did not yoa taketbi
LTiiii .i%«iiy li'oiii him ? This very gun that k
nIioI my lord thislow with, did not yott kd
hull £*
N f trtman, I did not lend it him at that tone:
I tlul May he iiii^ht have the irun to goont
Sor). ^^'/iitaker, \ou i^Te him leave tobife
(hisi*iin; then I ask you, {iou Id yon lend I
mud limn your t;uu ?
SnH'.-% t. I take him to be worse somctiflici
ihau oi!uT« aft in sprtu:; and tall.
S.H^i . W'h iri9 \-e^. Did \ou uke him to be seo-
Ni»»\- .«i ihi^ijinc *
Ssrv , wj t. lie w ai'XY 4c<»tbte in the winter*
i^'.- .'> 1 W iViAvin^. My lord, 1 dcnitbr
Jktiioaai^^LofdOmk^
▲.B.19M*
tIM
lBBi,wheilMr be dy DOlli^ lite
Idogof mf lord OoBloir; thil Wf
•viMfkieiitlMiewiUiliiswiftr Or
card pasted betweeDthifBMUi'siiift
idOoilMrr
t. H« Md, Ify loi4 Omlofr iMd
hamper of wine loto the kKebeo, od
le dwaaai' own aiglit, and wImi bo
iDomiDff, the wine wai drank oqlof
jr, and the empty bottloa were vpoo
'. When 1 have oone homo, it it tm,
ay lord hath boon fkirattltng bm^
W kecpt companv witb your wi^
loute it disturbedi they keep daneiBf
ii that I cannot lett IbamopoM
n door, to show him that it was not
mn was no hamper nor bottlea thore.
UfolBer. Prayygivoaanoooiintwbon
ir gun at finrt.
k Wy I can't do it
kUakit, latkyouy wboioyo«rgQ»
ttimeP
I. ItwasatmyboiHe.
iUaker. What gun had ht when bft
rdOntlowr
k It hath been MportodtbatUwao
How caoM bo by that gon P
u 1 wiH tellyoa bow be might come
ifHtt : I wat at Mr. Waitt% boo-
yi, before this happened | tayo Mr.
yoo oatdi my conies P Saytl, I
10 «an do it better than 1& 8a;vt be,
4ipiMce a conej to any bod/ for
fthem. When i came borne, f bap^
bof n word abont it; my boy woo
i^ Ned, shall yon and I go and
mt Says be, I bare never nguit
on may take my father's guo ; and,
ly. We will go halFes.
(Uaker. Then yen left the gon, as
ifcoitP
1^ I did not lock it up.
tieiker. How came yon to let a gon
I may y at he might come at it, if yoa
li bnn to be a madman P
L In former timea be did oany m
•«n«e of a good family I Itboogbt
thim bare agmi, when 1 tee blm<in
Hgfm. YoQ tay this diaoomve aboni'
■nee to kill oonies, gmye occatkm
Lfear gon P-— iSzc^efiiiaii. Yet, Sir.
tjfUB, Did he hear yen tpeak it, that
i.tVOoU giro tixDenoe, Ace.
lb Net to my knowledge ; bat my
tUp^Mid toM bim the next day.
MMi Pmy, thit ttory you tell at
hgmf ef wine, when was itP<
fpt^ ffetty while before this bap*
■IfHik What do* yoa call a pretty
iAmH mUdt be half n year.
L QMaetbeiieetobefetbo
gl^'te fai end out «e be
;'^5?^^?%lruta'ft
Bastiman. We bad two beyt ; behninlwy»
but we could bolt the door, and luep Urn m0
of the kitetien i I wee eftnid be wenM Are Ib^
Seo* Cheshire. Be m^bt eoMbiandeiil
wlien be would P
Smatmm. We dU Mt trait bim wilb tkly
liberty toj^ into the kitohcn.
^i^DarnelL BUfdntiiHtn men ii year
bouse, that yon wai MfSfuk wofeM fire it P
Smomam, BmmM ttbt cen^ to Ifaet pbee
where the fire was»
Beij.DermU. Yea wpi oftm IKghiMtd JN^
such a ihing &bonM bnppenP
Swtiman, I wio fMiif Id b|m hSmidttt: f
told mv mie, Tblalblklw ia eo mad. tfavt m
can't kfse^ bim miy k«g!tr) he hi it to go ItC
Bedlami .
Seij. Ccm^nh Did jm tmr hSm qpeafc ei^
my lord OtyaowT
Sw^tman, He bi^ 1tecii.«niliiif ionwitiMu
When my boy wfeafene with biSi, be " "
mv boy Jbroi ' • "• -• •
wiiat he woV
wo aid kiU liinssdr. , .
S?rj. Cam^^^. Did you b^ dlkP
Sa^eimen, I rlid not bear lu|i| dny it|,lpl'ji^|
bo J iM mn whtii I came hohM^
8erJ. C^n&n^. Did you ever iMmrMmjifeilt
by way of ibreafeoin^ my )5M Ontlow P
Sict tmatu 8oi ueti iu es he WOqM bnUoji. i|| ^
owl doth ; sumetimes be ivf^otil poy CrOdu^,.
^trj. Com^m. Have^ yo^ ever beiffd 1^'
tUreat^Q idj lord Dostow ?
Smftmn, I have beard bim
nay lord Oiislunr. .
St^rf. €<myFiu Bave yoa
tbreateo bim f .
Smcim^n, One tiaiL abdot a twelvemontb
«go» he said he wonUi ihoot my lord Onriow at
the horse-race, and looked very wUd.
Mr. MuriJi. What boiiMaoeP OniUfenl
horse-nu^ F^SMheoii. 1 took It to be to.
Mt,M(irsL Dklhetajrbewouldibeothiai,
at the next horte-iaceP w be wonki baveaboi:
him at tbc ibriuerbonenrMeP
Swttman, i took no further aotioa of it; foe.
1 look bin) to be Aoraay follow*
Mr. Mar^L But what dul be tay P
S^timan, He tald be wookl akioot nj lor4
Ootlow at the borae-race.
Mr. UariL When wm titit P Before tboi
borBe-race f
^ettmn. f t waa ia Uay was twelvemonlli :
there was ono borae-raoe patted : I aevea.
heard be did motion it.
Mr, MarjA. You tay tbia waa May waoi
iwelf emotitb : bow often batb be bad me nta'
of vour g-un f ince? ■ .i
S^eimtin. I don't know bow often, brcanM
I did oot tnind : benever did no harm.
Mr. Uartk. Hath be bad iteeveral timart
Smtttm^ He badk bad it teveral tunet.
Be^.Whitakar. Had he not the gon whe««
er«r he would f
Stcttmun. No; I uaed to. oarry it ta Wood-
bridge, to thoot apaiTowai
aod ^Tnii
beard btoi
735] 10 GEORGE I.
Mr. Manh. Did not you biiog the gun home
agmiii? — Swetman. Yes.
Sol. far the Fri$oner. My lord, as to the
time of his takioif the gon, to go to shoot Mr.
Waite's cooies, whether it was not the same
moraing that my lord Onslow was shot ?
Just. Tracy, He tells you he was not at
home.
Solicitor, According to his information, whe-
ther it was not at that time?
Just. Tracy. He said he did not lend him his
gun tlien, but he had it then.
Solicitor, Whether the lane, in which this
fact was committed doth not lead to Mr. Waiters
turnip>field, where the conies were?
Swetman. It lays the same way, and my
wife thought he went, because my wife see
him, and had lent him money to buy the shot
to shoot the conies with.
John Dedman sworn.
Just. Tracy, What do yon know of this
man?
Dedman, I know him to be a madman.
Jubt. Tracy. Why?
Dedman. By reason my lord Onslow was
always in his mmd ; he was always troubled
with my lord Onslow; he could ne?er take
no rest, the de?ils and bugs troubled him so.
In the next place, he rented a house, he had
neither ^oods, nor beds, nor chairs^ either to
sit or lie down upon ; he had nothing to lie
down upon. He would come to the house,
and he would beat them all-out of the house : 1
have been called from my work, to make peace
among them.
Just. Tracy. What house? To whom was
this?
Dedman. To his friends, to bis sisters.
Just. Tracy. Uow long ago is this ?
Dedman. About five or six years ago.
Richard Wheatly sworn.
Wheat ly. I have shaved him these two years,
and he hath come into the shop sometimes so
that 1 have been afraid to shave him : some-
times he would come in, and go out again, and
hath spoken never a word.
Just. Tracy. Why have you been afraid ?
Wheatly. Because he hath swore all the
time 1 have been shaving him.
Sol. for the prisoner. " My lord, I desire be
may he asked. Whether he did not use to de-
sire him to cut his throat ?
Wheatly. One time, as I was shaving of him,
he said, Dammee, cut my throat.
Serj. Cheshire. 1 suppose, at that time, yon
had given him a nick ; 1 ask you, whether he
said, Cut my throat ? Or, You will cut my
throat?
Wheatly. He said. Damn you, cut my throat.
8erj. Whitaker. What answer did you
make ? — Wheatly. None : I was afraid.
Serj. Whitaker, Did you take every man
for a madman, that swore when you cut him ?
Tydie sworn.
3>cfis. I haft knowo Bdward Amtdd Ar
THmI of Edward AmoU^ [TS5
lereral years ; and I nerer knew Vat tbit ba
was a crasy sort of a man.
8eg. Whitaker, What do yon mcao by a
crasy man?
ly die^He had several fbolisb eznreHio
~ J 'lc Dim to
distracted man?
Serj. Whitaker, Did yu take him to be a
Tydie. Sir, 1 could not take him to be other*
wise.
Sol. for the Prisoner. My lord, 1 dcmre ha
may be a>iked. Whether he beard him aimm
himself about the bugs, and bullies ? Or, Whe>
tlier he proposed to take his gun, and iboel
himself?
Just. Tracy. Did yoa hear hun talk absal
the hollies?
Tydie. I heard him asy, that the hoUan^
and the plagues phigued him so, that he mm
not take his rest at night.
Solicitor. Whether he desired that he Bflk
take bis gun, and shoot himself?
Tydie. I have seen him several times.
Just Tracy. Did he say ha wookl taka hk
gun, and shoot himself?
Tydie. I canH say that ; I don't know k, 1
never heard it : I have heard him sit, aad nl»
and swear, and damn to himself.
Solicitor. I desire he may be asked, If lii
hath ever heard him say anv thing abaut ai^
transaction between my lora Onaww and Iha
Swetman's wife ?
I^die, 1 have heard him say, thai my hiA
Onslow was one night there, at SwatoBM^
honse, and he drank out a hamper af mi*
there ; and thev had fiddles, and daaoad ; m
he said, one tiientiman played to tham : td
when he came down in the nwmiog, thcra «l>
the empty bottles upon the table.
Thomas PouUer sworn.
Poulter. I ever took tlie man to be aolai
another man ; he was always out of his mbd.
Seij. Whitaker, How long have yoa kasvf
him?
Poulter. Sir, I have known him these aim
years. One time he came in in a paMia
where 1 waa, and ssid he would kill me.
Serj. Whitaker. What was the reason ?
Poulter. I know none at all ; hut it fai«i
over, and he never did me any harm, or any
wrong. About a fortuight before this wai
done, 1 was working in the field, aad be caaM
to me, and looked mighty meiaacboly ; bi
swore and cursed, and be said at laat, Dmb
Tom Onslciw ; and 1 asked, how my kird Oi*
slow had hurt him ? He said, he had bewilflb«
ed him four or five years ago, and he had bid
nothing gone through him never sinoe, aad bi
should never be able to go up May hill. Thia
was about a luruiigbt betbre ibis aoctdant kif"
pened.
Serj. Whitaker. Where do you life f
Poulter. At Oodaimiog.
Serj. Whitaker. Did yon give any of hn ■••
lations notioe of tliis ?
Poulter. A great many people knew af ihiiS
heaaid, ha wishedhecoukiaeehiaalai ' *^
for tkoothtg at Lord Ontfoto.
A. D. 17«*.
lb Uood of him, becanse he bad be-
m, and be would go to the kingy and
f why my lord Ooaloir plagued
Mary Morris sworn.
My lord, I have known bim almost
frears; I alwava thought him mad,
1 actions, as 1 na?e seen him in ; he
come in at his sbter's house, and
mself down, and hath talked to him-
hath swore, and cursed, and talked
igoe, and would look one way and
f talked to himself: he would sit so
getlier, and then he hath got up, and
',Jivhen his sister hath not been at
n the Saturday before he shot ray
nr, he came and asked for some small
mistress was nut at home ; 1 fetch -
me ; he sat himself down, grinned
and had such actions; looked one
other, and without any proYocation
1 swore, and talked of plagues. 1
^htened, 1 called my fellow-serrant
Dm ; I was afraid to stay with him.
Very. Did he shew any marks of
liwrif. Yes, my lord.
Vary. What did hf do, besides
if teeth .'
. He did not say much ; he looked
talked to himself.
•«ey. How did he talk?
He talked to himself.
mey. How ? '
Ob ! Yery wildly ; with hts eyct
e way and t'other.'
T^kitaker. Was he cursing at any
rticular f
Not as I heard; I did not bear
on any b<Mly'g uame.
ike Pritoner. My lord, I desire
sa may be asked, What transaction
I the man, and what directions she
rom the keeper, in the house of cor-
I carried him fictuals etery day,
raa there : he said very little to me,
ed himself much as he used to do.
ol-keeper, Mr. Flutter, and John
d me, that my mistress should not
ietoals with bones), nor they would
i have a knife ; they were afraid he
M sway with himself; they stripped
»ff from the bones, before they gave
M good woman of the house where
UM the boy went with me to see
I be, Joe, how do you do ? Do the
id bellies plague your house as they
'wbcn I was there P And the boy
(it.
S^pAcji Fachin sworn.
•fit the Fri$on€r. My lord, I desire
tmktdf Whether he hath not fouud
I a W^ all night in the air ?
J^ M, I foond him in Loosley-
ilHi»k» WW wbcD I went to work
r7S8
upon ■ ptaoe, where there is none hot havA
timber.
Just. TVacy. When did yon find him tberaP
Faehin. 1 can't rememfaier the time.
Just. Tracy, Was it night or day?
Fackin. ft was in the morning.
Just rrory. Had he been there all night f
Fackin, As far as I know, he had.
Serj. Chetkire, How long ago is thisP
Fackin. About two years' ago.
Serj. Ckeskire. What time was it f
Fackin, It was in the morning abont seven
o'clock : we went to mend the tiling of tb«
lodge ; I can*t tell the time of the year it was.
Serj, Ckeskire. About what work was yott
about ?
Faehin. Mending the tiling of the lodge :
it was the spring of the year.
Seij. Ckeskire, About Lady-day ?
Fackin, It was then about
8eij. Ckeskire, Did yon ask whether he
had been there all night?
Fackin, No ; I dkl not find him at first,
but he popped his head out : when I found that,
I looked op, and heanl a man cry, Don*t med-
dle with my tobacco : I was sur|irised at it
Serj . Cheskire. W ho brought yon here P
Faehin, I was subpeenaed.
Serj. Ckeskire. Who brought yon P
Fackin. Mr. Arnold.
Serj. Ckeskire, Which of them was it P
Fackin. I don't know both ; Mr. Arnold, of
Katherine-HilL
Serj. Ckeskire, Had yoo any promise of
any money, or any thing else, if you could
swear bim a madman ?•— JtsrAia. No, my lord.
Serj. Ckeskire. Were you not told, it
aheuld be worth thirty or forty shillings to you,
if you could prove him a madman ?
Faehin, 1 had nothing promised me.
Seip. Cheshire, I ask you, whether they
said, It should be worth so much to you ?
Fackin, No.
Serj. Cheshire. Did nobody say so t6 you P
Fq^kin. No.
Serj. Wkitaker. Have you not declared that
this Arnold was a rogue, and no madman ?
Fackin. 1 believe he is a lunatic man.
Serj. Wkitaker. I ask you, whether yon
have ever declared that you believed him a
rogue, and no madnun P
Faehin. 1 believe I always took bim to be a
madman. *
Seij. Darnell. Did you never say to any
body, that it was your opinion, that he was not
mad, but a rogue f
Fackin. Sir, I never said any snch thing in ,
my days : No, indeed, I did not.
Seij. Whitaker. Did tou not say so to one
Sentiman ? — Fackin. No.
Serj. Whitaker. Had yon no discourse
about it f-^F^tckin. No, no.
Robert Dandy sworn.
Dandy. My lord, I have known him a
reat many years ; 1 lived near his father's ;
nerer thought him any thing birt a acavf
3B
10 GEORGE I.
Ift&n, sei^Ain in bii senses ; hit father hMh sent
tor me several lime^T to desire tiim ti> be civil ;
for he Hould \m leady t» beat his sisters «nri
his fstber «Kit ol tioort : I told him, if he w(Mj1d
Dot fi« civil f I would send hi in lor a soldier, 1
had hiaiWfore a justice of jieace, to frighten
btm, hut h^ was as bad when he came home
Again.
Just. Traty^ Did you hear him threaten to
lurti his laLht;r and sifiters nut of doors ?
Dandy. 1 did not Ik ear brtti : he abused his
father, aud 1 hud him before a junlice of peace ;
1 was coiislable.
8erj. Cheshire, OiJ you take this to be a car-
fiaj^e to a madiDaii, or to a wicked man, to re-
claim him f
Dandy. I did uot take him to be in his
■ensea,
8erj. Cheshirt* Why did you carry him he*
fore a justice? Wa« he oot a wicfceii rog^vie,
an untoward boy? Was not that the rea-
son why his father sent him iVir a soldier ? Do
you \x§e to send madmen fur soldiers ^
Mary Seeeiman twom.
So! for the Pritmtr. Thii is the wife of
L ^etman.
J ust. Tracy, What ha?e you to say ? What
ia your opinion of the prisoner?
Swetnuin. 1 really think he is a mad man,
and not ui his rip^hl tenses.
Just Tracy, tie lod^^ed at your house T
Sn^iman, He lodged at my house,
Just. Tracy. When? Abuui this time thai
thb accident ha p|>ened ?
Swehnan. Y es, my lord : though when he
came to my house, 1 took him to be a pretty
^cenf^ible man. Af^er a little time, he g^rew Tery
mad ; and one Strndav morning- he gnt up, and
walked out with my son up the Chnpple-bill,
and when he was upon the hill, he said to my
0On, Joe, I won*t come to your house.
8erj. Cht shire. Was you there?
' Stoetman, My son told me so.
Serj. Cheshire. That won*! do,
Swetman. He said he would not come to
my house any more : It rained that night, but
he did come, and went to beii. The next day
lie went a walking-, but I don^t know where :
At uig^ht he came home ; I heard him come
•liome: About niue, I desired him to come
in, and ^o to bed, becaujse my husliand was
not at home ; he said, He come in^ he would"
not come in, I had gotro^es bid in the house ;
mod I said. No, Mr. Arnold, or Edward or T^ieil,
1 can't tell which ; he stcppeil oter the way
with such a fury, and said. He would not come
in to-ni^ht ; 1 thought he should not come in
to frighten me ; 1 lockeit the outward door ; he
had a key, so hid 1, and I bolted the middle
door, that when be j^ot in at the outward door,
he should come no funher. At two o'clock in
the morntng he comes to the door, and sat
there *till i he clock went three, then became
in; 1 finding him there, f|ot up, and opened
the middle door ; he went to beo, said nothing
i» me, mtiiu itifo, biAt k>(ik«4 tmt of Uumour,
Trial of Edward Arnold^
in a wild, staring;* dtstnioled ftmys k Me
while at\er, my husbaad came home; asd w
he sat by tlie fire, be came to biro \ Slcpheti^
says he, you are a pains'taking man, bdt yots
hare a bad woman for your witip, and be made
me out as if 1 wais nan'ghty to my butbaiid;
«iys be, 8he hath such rackettiof s muA mtk
doiogs here ; she hath had men above M»if%
feil them with victuals, and I could not real Ui
them. He said, He came down one mo
and he saw a hamper and bottle* of i
m^ upon the dreaser, as my lord Onslow
1 had drunk out, and he hail been there "
Gfeting^ * and I was in a passion, and (i^
band said, 1 was to blame to take notii ~^
for we took him for a madman, Soi
have desired him lo read a chapter in
when my husband hath been abroad, to
away tiie time, till my husband hatb i
home, whirh he did sensibly ; I desired lis
lo read another, he did it very sensibly. Aae^
ther lime as he was sitting down ow the opimI^
by the 6re-aide, I see him look very wild^ial
1 came to him, and said, Come, tak^ the Bibit,
and read, and put all these abominable, wicke<
distracted thioj^ out of your mind ; be gsfi
me no answer, but took the Bible out of is?
hand, and looked in it« and swore an* I
and said such things as I am sture cool
in the Bible, and he looked very wild and ^^
mad.
^^rj. Cheshire. How long was this brfRt
this accident happeneil ?
Swetman. I canH tell how long, it wtiwill*
in the time he was at my honse.
Solicitor for the Priw'ner, Please 10 ilk t*
about the rug, at her house.
Just. Truey. What do yon say relatiiigfBt
rug?
Swttman. One morning, in a raging ctnrf*
tion, I heard him sweat, that he had pulled nf '
rug to pieces, and had slopped his ears wifl»
it. When he came down stairs, he came nM*
ing, and pulling the stuff out o( his ears, iB^
raving at the l)o]lies and bollemys, and I kos*
not whatf and said, The hollies plagued faioa^
and he thought my lord Onslow plagued hi*^
Solicitor for the Prisoner, My lordi 1 ho^
hly beg the faTour, that she may he asked, ft-
lating to the transaction that morning, whm
thia unhappy accident hap^tened, that ib*
would gtire your lordship an account, if jrol
please to ask her, whether he lay at home thai
night, and what passed between her and ^
son « relating to Mr, Waiters contest* And whe*
tber she did not mention, that Mr Waite w^
give sixpence ftir every coney they
because they eat his turnips ?
Just. Tracy, You would have me to ^
these questions ? Did he lay at horoe that nigii'
Swrlman. My lord, he did not lay at h&tf
that night ; 1 never heard nor see him 1^
about six o'clock *, he took a Ijosket of' inJli%
and went to Guildford, and bought a kiaif;^
the mean time, 1 got up, and he, to the bfstflf
my knowledge, asked me. Whether I had ie<e
or betrd ftny tliiiig of th« fox^Utitmdsl ^ ^
fiit iho'ding at Lord Onstom.
A. D- 17184*
[748
h^o, ikm*! trouble me, 1 hare inmetlunff
minit : That was in the morning', dier
oe trom GuilHfort),
fit the Friwner. Did vou hetr him My
lia^ ftboui Waitt*9 conies ?
iflMPi. Yes; ttkr he came horoe^ he
iDe if 1 had heard or sef*n any thing* of
|^|»oundfi ; and he loaked sadly wild
Hpbreot. He went out of doora, and
^B agnin ; sat down, and got yp
ftnd was very untoward. Mv hltle
ttine in, and asked him, Whellier he
gfi and shoot Mr. Waila^a conies?
iiy boy mid Mr, Aniold ftbould »hoot
and he would bring iheiii to him ; and
niold said, he had no powder nor ehot«
loney to buy any. And my child said,
go with you, and ask my mother. Sa
mold avked me to lend him a shilling' ;
did lend him a shilJing^'s worth of half-
; and my child wanted to go with him to
ford to buy this powder ami shot : I said,
111 Id nol go, but he should ^o to school ;
Ir. Arnold was to go lo Guildford and
I^ID.
Jor the Pritantr, Did he borrow it to
awder and shot f
imam. He borrowed it to buy powder
mt in ihool the oonies, so far as I know.
/or tfu Pri$oiier, Did be give that as a
if
iman* Yes ; my chihl was to go with
aiul tie was oveijoyetl thai he was to go
J uooUhe conies.
Tlien hr went away, and eame
■IIP r — Sweiman, Yea.
iCy, How far do you lire from
iwutn. About half a mile. After he had
iii^r and ediot, 1 see the gun standing in
ifner of the k itch en « At last 1 thought
id iwt a mind to go and shoot the
i lie VIS gone ont of the door ; a man
froman came and desired me to stand at
)m$ Ibtre Wis a horse and a hamper com-
H t used to buy fish of them as they
ly. I dMirrd Mr. Arnold to stand at the
whdr I w«ut up to dre«s. I took it he
fland at tlie diH»r whili^ this horse and
ar went by. To the be»t of ik^ know-
I kc nid lie wouid. I wriu up» After-
Il9 MiBa and said, ^4 re you C'Otumgdown?
^ fl^f but 1 satd« If j^ou want to go, you
p, I Uiotwht hrm a truMy i^teward. t!Mj
Siy, I lookt^i to sre* which way he
went nn the lane towards Mr,
roip*Md< Then I went awsy to
imd, 1 was but just gone^ but I
Ib^mnigvioC Thinks I, thikmsnhnth
oasfthtDg in th€ lane. Whrn I kK>ktd,
ioiile geuUenito, and «oifi«- hoptes, and
» upon tktm. Then I tlinughi he mighi
liiffbiefird the homn, that ihey had
I lEt geollemen ImmifilrnitOy one came
I vki aaiili Dame, bring uch ur; which 1
ikmi 1 SAW a gentleman was shot : he
*mmM ■•(& tdoody. tiocmrbody said,
Hare yon got some good brandy^ or fair vaCir F
I went and fetchett lioth. When 1 came agaifii
1 did not kntiM (hat this was my lord On^^tow.
BerJ, Whiiafar, Had you lieard ban say
any thing that day, or before, threatening my
lord Onslow?
Swttmnm, Yes ; I have heard him say, b*
would kill my lord Onslow.
SoL/or the Pri$omr, Atid nohntly else P
Swctman. He hath said he would kill mei
and be bath threatened to kill Sentimao;
and lie bath threatened to kill my child \ tbr
you are plagued, and I am plagued, aod yott?
child is bewitched, he said.
Mr. Mmrtk, Where did this gnn stand P
Swetinan, It stood sometimes in one pbce,
and Bometicnes in another.
Soi, for the Pri$oner. I beg kave to ex»»
mine a wittiest or two» to oooftrm this witneM*i
evidence.
Eleanor Arnold called.
Ju«t Unory, Did you hear what this witoeM
aaidf
Eleanor Arnold, Yes; she related the i
thing to me.
Just. Prary. How loog ago?
Eleanor Arnold. About a rortoight ago.
Mary Arnold. And she gave mc Ihe i
accoiuit«
Mr. Cope^an(f sworti*
My lord, I was with him in the Marsh alsea.
1 aiiked him, what could induce him to niunter
my lord Onslow ? He made me htile aoswar
at first; but at last he said, My lord Oosdow
ha«l benritched him ; and if he had nny money
in hia pocket, he could mvt siiend it in any
quiet ; my lord Onslow troobleu him, and ruia
in his head I that he was never easy, nor never
quiet. 1 asked him. Whether anybody had
put him upon this actimi ? And he hesitated
pretty much at firsts and afterwiirds he sjiid,
No ; not>ody had put him upon it. 1 went
atlerwarda once more to him m the Marshal-
sea, and L asked him again. Whether any body
had put him upon doing this bartiarous action r
And he said, that my ford Oni»1ow (the ueoplt
had aaid) was the occasion of all the troubles in
the nation ; he suid. That be cnuld not havo
any peace nor quiet in himself in his own
mind j and he wsa in a great deal of ocm fu-
sion. I could not tell what to make of it, that I
could not hut judge be was (>esides himself^
mad I thouffbt.
Mr. JDar ^y sworu*
My ford, by commnnd of my lord Onslow,!
several tiineii called thu man to exuminiitioo.
Ner) Chewhtre. Hy lonl, 1 suhinii it tn yoor
lonJsliip. whether thtu evideoce might in bo
pennitted in thui c&t»e, mm to this nmoN bt'ha-
viaur •lub'vequent lo the tact ; the etide<«cc
anlec»<teiit to the fact m very (iroper ; tml
the stibao«|iieot it is very likely may be coun-
terfeit.
Jyat. Traty. U vitist bo saUiAitled ta iha
1
743]
10 GEORGE I.
Trial ofBdward ArwMf
[744
jury, M it appear! to them, botb before and
after.
Darhy, VLy lord, by commaod from my lord
Ooblow, I calleit ihU prisoner ae? eral times, to
ejcamine bim, to see if I could find tbe true
cauHo wby he did this action. I have been
with bim bv myself, with his friends and his
brothers; but I could never gfet any tolerable
answer. He said, my lord Onslow bad be-
witehed him, and was a trouble to him.
SoL/or the Pritoner. We ba?e —
Just. Tracy. You have bad an indulgence,
the greatest that e? er was gi? en before ; but 1
woukl not stop you.
Solicitor. Aly lord, I humbly submit it
ISerj. Chethire. Will your lordship please to
fsTOur me, by way of reply, to take notice of
aometbinflf P
Just. Tracy, You hinted something, I think
by a question. You had one of the witnesses
a8kf*<f, Whether this roan was in a disguise ?
Do you believe therr is any thing in that ? If
you assure me that Mr. Hungerford tolls yon
there is any thing in that matter, 1 will hear
bim.
Mr. Hunfierford. \ can't toll what to say ; I
Iiave looked o%f*r ibe^ct of parliament ; i have
it in my hand.
Just. Tracy. I ask you, Whether you be-
lieve there is any thing in itP
Mr. UuHgerJord. 1 lielieve there is a great
deal to be said for it. If this man was not in
disguise, he is not within the act of parliament.
As, to the attempt, never certainly was any
thing more barbarous to that honourable per-
i|oii. As to the prisoner, here hath been all the
fiurness human nature can expect. 1 must
aay, that as to the relations, they have had all
fbe kindness and indulgence. Anil as to tbe
matter, tliat is pro|)er to he mentioned \% hen we
kave gone through tbe evidence on botb sides :
1 beg leave to do it very shortly.
Just. Tracy. Two things upon the common
rule of construction : in the re(>etition of the
Vords, * or' doth not shew it to be two clauses.
Mr. Hungerford. Your lordship observes,
Uiat the rule of interpreting all acta of parlia-
ment is, that of the preamble, and that of the
title. I believe of late years in the minutest
clause in an act of parliament there is some-
thing of it hinted at in tbe title itself.* Your
* '* It is said that now" [4 U. 7, a. d. 1488,]
^ first began the custom of prefixing titles to
the statute<i. (Lord Raymond, 77. Hardr. 324.
Instances have however bei'ore this occurred.)
A title is properly no part of an act of parlia-
ment; it not being read thrt'C times as every
other part of a law is, and is only projKMed
when it is to be sent from one bouse of parlia-
ment to the otlier. As arKU*nents are, bow*
ever, frequently drawn tVom the title of a sta-
tute, it is to be wished tJiat there was a little
more attention to the settling of it. For ex-
ample, who would expect to find a moat ma-
terial alteratkm of the statute of Distributkma,
i»ftkff,tb9liU8ofwiiiGbi^ «»AaActiiirthe
niit a tielony wiibinthiitcl
ipposing tbe mibiia la tlwa
le go out to fight witb satn
mth shoot at one analbVi
lordship will ohser?e, the title bare is, " AnAot
of Parliament, &c." My lord, it cant beiaid,
there is nothing of that caae provided for: if
this is a case, tbe fact governs ; tbat this maa
must be in the clause or the act of paiiiameal^
that this person did maliciously shoot at, fe.
It seems the first part of the praaoiblB thM,
and tbe bcdng in disguise, mna Uiroagb tbt
whole: these reasons give me some hope that
1 shall be -n tbe opinion of the Court.
Again, in relation to his majesty's prodaai-
tion, which notifies tbe same offeaccs ss m
enumerated in this act ; I have here this wf
proclamation ; and it dotb not notify it olhsp-
wise, than supposing being in disguise; thtf ii
a clause which governs the rest; and tbefi^
clamation is a rule for tbe act of parliaisl
The act of parliament goes no farther tlusil
Sroclamation, as to several persons in di^pmi^
ec. So in the prockimation there is tbnfS-
pres8ion, Being in disguised habits, and hlidbi
We reason, therefore, that no other psisn ii
supposed to be criminal here. But wbsa«t
puts a case upon the Act that carries <beQ^
most absurdity along with it, as so it will k if
this be allowed, if any pecsoo that wilfaUf f
maliciously shoots at another without bsisfil
disguise, is to commit a tieb
of parliament. Supposing
exercise, two people go out I
and pistol, they both shoot at one
neither is hurt ; yet by this act of j
both of them are ielons.
Just. Tracy. 1 don't think tbat. Wkt*
you think of the next clauae, sending a htfff
without any name subscribed thereto* or, te.
Mr. Hungerford. There is this cirfunMtiM>
attending this noble lord's case, that be isaliijft
and not killed by this fact : and may hsUill
live, to pursue the noble purposes and vieM
the Serjeant bath mentioned. My lord, tbiiil
the only thing 1 have to offer on this ocoaass.
Just. Tracy. Because I knew 1 was tsbliS
this cause come before me, I have had a isfil'
ing of my brethren, to have their opiBisa is
revival and continuance of several acts of jfU'
liament," (1 Jas. 2, ch. 17, § 8). It bsroSMi
indeed imiiossible, when stotutes relate to tu^
ters of a very miscellaneous nature, tbat thi
title can be co- extensive with the views of thi
legislature : it is, therefore, to be wished, M
such acts of parliament were distinct hiws, aai
not thrown together in that very strange sm-
fusion, which hath now obtained tbe naiwtf
a * hodge-podge' act. It must be admiliA
that tbe ancient statutes are much mora tasly
in this respect, than the more modera osv-
some titles to acts are even ridicuhms, as 19ft
7, ch. 6, •' Pewterers Walking;'* 1, find hM-
ever in the statutes of tbat year, piiatsA^
Pynson, tbese words, viz. * in tbe coasf^b
are adiled. Tbe purport of tbia meX ii^tofl^
vent tinkers, who have nooertaiu place of iv
denoe, from interfering with tba traiia ali ^
braaieift and pewtema.'* Baiv. (M» «a^
p.4*9.
f^ ihooting at Lard On$l(m*
A, D. 1724.
• ^« dAastf in tUe act or parliamenl.
*i Hffs of opinion, \t i^ an entire
ii«6)f» Atii) it hatl •*
f!B(i.%i* of bdtig" in t[i
) to the
I wat
>e| but 1
:i ID me
It IS lue apimon
Uiii;£ tu U«ve tuy brut!
Lifu> It woukl \m )'
pitiitiff (urtlinr, a
^ If t» iudeed ; 1 did iatimale it
a.
, ,-; J. I humbly thank your lord-
; the judulgeace you hnve giveu me,
pMwe it.
Vhetkin. My lord, I he^ lenve to tike
'^9 evitJeDce that hath been oifurc^,
^' ce that hath bcco maile un the be-
i-orier; anrj as the e*ttriistl hate
If. u,^^^ [f
lu be I tiieu ed : but aincfi they
^M n^Mtetl it, and tfic matter it tio ^Uin, the
nw fttJiiuh ypoQ the «vi«lenoe; and I
it standii u^mn tlie kiu^^i evideocc,
i he oothincr plainei', thttn that the de-
I IS gutliy of this wilful and mahcious
^tatule under whieh proaecuLious
ire most iretjut^nlly carried on, in
9 Ooo. 1, G. ^'iy (comu^ouly ca)le<J the
.Act), ifthich euaciia, that ''i^ any |>ersoa
tr^rviuv shill uUfuUv and niAhciously yboo(
it toy {lemuii ID any d^^vlhng huu^e or uihrr
ybec; or ahail f(»rcildy reiiciit aiiv fteisoti be*
laftawfiiUy io timtoily of any officer or other
I t ; or li any per^oa or
\ i>r promiae of ihooey or
Mibject to join hiiD
i' tiil aft; e**ry per-
4 i I hereof lawfully cod
' »^ ff 111 Uy of felony, and
^ ... Ueoelit «i clerify." lu
^' of ihi« bHtieti of the Act, it
thtit tli€ ottenoe under couai-
'latiOD 10 llie prteedio^ part
fioioir the dcsorifiltoo of the
' to '* pflTBOOaarmod,
«i blacked or betn^
di*^Mi«it*' Aod Arnold vtaa cun-
ibr ahootmg at lord Uotlow^
liwl aot bia face bbboked nm w«e
diegaked al the tttoe ; Md tkia leae
of by all thr jiid|C€«.** BmI*i PUraa
i;n»ien, chap. 3, § ^. ie% too, Hawk.
Or. kfook If c. ^d, § 4.
I of Frbrn^ r ^?'»s. At a raeetiDg
i|tkt > Ij^v Tr«c;v ptopoaed
I lorit ^..^..:.; ^ cflfliz, which wea-a
•^{miDil tli« d«fv»dM)l, ope Arnold,
: ill httn, wbaiber b^ tlie new Act
by tha mnw u* f>e m diHi^uisCf
I all ihe jedi|ea b«*^Ui not, hit mi id, lor
bcifvii, and il ia nonaMise to
and ami* to mmHom s* lolteri
ahocktiogr^ M it U laid io lb« iodiotniecit. <
tiemen, now J mav aay the fact hath
proved to you lo the j^-oper way. Th<« act* I
the tnanner of ihe act^ ainl the behawioiir aftee j
lite act : he did behove himaelf like a lunutic |
but I muit fiubmit it to you, whether there iipj
aoy ip{H'araoce in his behaviour hke a dia^f
traded man, ao as to have the protectioo urtb«{
law, CknMi !ia| he de^ii^oed this act^d
you have < iiia eoiniii^; to the witoeaftJ
to have tl»L ing^T^-,! khot ; he never iisetl t4( I
call for any but that sort to kill rabbits ; bu%
now he calla for the bi|^(j;i3it aort ; he had a«|
diflerent use for it Ihnn be used to have. Th
preparation is vei-y suitable to the design ; aa |
thai time bis behaviour is as usual ; thai km J
calk lor the powder and sliot, aad pays for it,
in the same proportion «m he uaed to do:
did not appear at that time any vreat diaorioir]
in his behaviour ; as to the fact, they that we
present could tind he wna sullen '^ he wentotMJ
he look aim as well as any body oould ; anik«|
his behaviour afterwards, hU countenauce wa
pale and Wvid, which shews gudi, and thou
of reu»or«e, augferf and reren^, Aa la i
man ^8 case, upon their evidence, they
luJule the point very material, what oond
of UDiler&tandiug^ and sanity of mind thi* i
had at this time. 1 must agree that a
that is a madman, a lunatic at the lime,
cannot in the law be said to be guilty of feloBYwl
W hen I have so far consented a$ this, that Iwl
other side should see it ia all of a piece witkl
the usaire the prisoner bath met with ; but t|
mu^it siibtuit it to ray lord*e direction, whethettl
they have given any proof that the man wa#^
at the time, or before, a disordered, lunati«
man, deprived of his senses by the vi.^iitatieii
of God Almighty. Aitd as to the rule of
jiidi^ing, it is nol, that a man ^icts like a mad-
man, and doth an act that a person in his nifbi
reason oueht not to do: no man that kiUfl]
another mimtardy, acts tike a man in ihe i
of his raaittA : aoimtn ^bat oommita a
wilful aiil, can say that he acta with re
be parts \vith bis reason : but consider wliat ||
law says, that Ihe man that commits such
ad, ia muired by the insti^^ition of the devil |
which is brouglit in there to shew tfie
of the fact. And it the man doth act aa if
ihe devil moved biro, and that no man in bit
aenaea and right mind would fki no, y»tt muat
nut internret it, that every man that actts thus
ii a mauman ; then your hves and forHtoaa
are all at stake, and at the mercy of m
wicked man. E^try wickeil man acta by i
inaltcious wilful will. TlkcnftV»re eanaidiv
Iba evideuoe friren ia of this kind, and ycMl
cannot blame them. I don^t blame thetDf
here are. fiv« oi the rebtions, two hroihera,
two siaertt, and one fuater-in-law ; that Itiev
should come and do all they can to aaee llieir
brother frooa ban^in^ : it will lie a trouh|« la
tbem, and a dtain^aOR. Notwithitafidintr^ now
ihcy siwear that they have alwayM Im^kecl upon
him to bo lunatic^ and depriire<l of hi"* senses |
it it impoesiblis tabahera Ihaiii to ba in etftteil»
HTi 10 GEORGE I.
and to hftTe acted Kke boneik pemmi them-
0el?«; and the like of Swetman ; and, which
hringi I think nine or ten of their witnesses
nndar this consideration, Is it |iossible that
these people believed and thou|^t what they
■ow swear, and they tell yon for the years
they have known of him ; and because they
liare looked upon him as a mad, distracten
person, deprived of the nse of his reason ?
lione of them have done any things to restrain
this man, to prevent him from doings any mis-
chief ; and they tell yoo the reason is, they
feared no ill of the man : the account thev
liave given of him is, that he was an ontoward,
wicked boy ; and as he grew up to be a man,
he still grew more wiclwd ; so that he rather
appears to have been a wicked man, tlian a
madman : consider, therefore, if they are to be
believed. He was designed to be put appren-
tice in London ; but he ran away : they af*
tcrwards put him to a brewer, or mtended it :
did they tell the persons they (rat him to. We
would have you take him, he is mad ? They
would have sent him into Yorkshire ; the boy
would not go : so that he would not settle any
where. Is that the sign of a madman f No,
•f a naughty, roving head ; and if all your
•ons and servants are mad that act thus, upon
my life you will cut off a great part of man-
kind. Consider how they usetl him; they
have complained of him as a wicked man, and
they would put him in terror ; we will make
yoa do so and so ; and they did send him for
a soldier. Have you heard that the man was
discharged out of the king's service, because
he was a madman ? No, he ran away : nobody
but what is satisfied but that the man had ca-
pacity, if he bad had diligtence, but was an
idle, roving man. The provision made by the
fether, and constantly (wid him by the son,
shews him to be in his right mind : be was a
•pendtbrift ; his money would not last ; he
ran a score ; which shews him a bad husband :
but is it possible, that if the father had looked
upon him as a madman, he would not have
directed some care to be taken of him as such ?
Would this brother that pays him SO/, a- year,
and the man remember the return of the
period, as fiist as it comes? Did he with- bold
It, and say. You are not fitted to be trusted ?
Says he, 1 want it ; therefore let me have it.
la it not proper? Why if you must have it,
give me your receipt, here is your moncry.
Would he not reply. You are not fit to be
trusted ; we will see your taylor, and pay him ;
we will see your score, and see you are not
imposed on? This is proper, if a man was void
af reason ; but as soon as the quarter comes,
he comes for his money ; they pay him, and
take his receipt. Therefore consider, gentle-
men, whether their actions don't falsify their
oath: they say, it is a great trouble to have
•nch a brother ; we have offered and eodea*
Toaredtomakeallthesatisfoction wecan: bat
we desire to save his life ; and we cannot do it
by any act but these things which wa tmmr^
m4 oar adkms will covtradld.
Trial of Edward Arnold^
[748
It would not becoooe me lo ran thiooah the
particuUr of every witness % 1 shdl aoiy take
notice, that not one of those, whether rebtnns,
or persons acquainted, that they aver applied
to any person to have some coorsa taken wiiii
him, as a lunatic, or a aiadman. Yoa know
there are methods to be used in apnagfaad
fkll, and summer tirn'o : have yoo found tkat
this person hath ever been let Mood? fiatk
any thing been done towards bis reooveiy? I
dontfind there hath. Consider, geatkM,
that these people tliat have a brother, if they
wouM have it believed that he is thna dspM
of his senses, whether they would have Ml
with him as they have done f
They sent Mr. Woodward the miniilffli
him to reclaim him, lo reform him ; bs U
been abusing his sister, beating her will
stick : the parson comes lo him, admoaiM
him ; tells them afierwards, I havesaid pnfS
things to him ; but be is fitter far a docM
than for me. Did they theauelvcs kim
this, and would they not have takea ihi
hint ? No.
If in case a man that hath led a viekM ifc
been a aullen, morose man, woaM cans bf
himself, and would liveby himself, if tbUMa
would work himself to do an ill aotioa, thil
man is mad, and hath been so for twelve ysMi
though nobody can say he was so before. Hi
looks otherwise to-day than he did yestsnhy;
and very likely he may have been instmcHi
by his solicitor and friends. 1 dont impoli
any thing to any body ; but it is a very cti-
venient art for a vicious person to make ms d.
He was alwajrs left to himsdt^ never eta-
fined, or any commission of lunacy taken sik
The law is now for any justice of pesee l>
have power to confine such a perssa: itii
dangerous for all men ; it would be to have llM
lives of all persons in their power.
It is very remarkable, that this man had thi
use of a gun, roost of them apeak for a gistf
many years last past ; he had it in bia fatber^
time : it seems he was e gpod markamaa; ke
used to shoot rabbits. The witnem ssid hi
bought three pounds of shot at a tioM : be hij
no gun of bis own ; the man had the oiiii
the gun but at the time when the man bio-
self took it with him when ha was gese i
malting. DouH you think these were y^
people to let him do so, if tbey thought bio i
madman ; they would not have trusted tboi
arms for him to have access to, when ibef
were told that morning the man was gooe ti
buy powder and ball, if they ktoked upon hi*
as a frantic man ; sore they ought to reuN**
those instrumental of mischief oat of bisamjt
so that it ahouki not have been in his pi**
to do what be did do. The fact is a queilisB
yoo will take into conaideration.
My lord, we ahall shew first this «i^
exaaiination, notwithstanding ha was bA^
wards sullen ; and as he expresma ilv Wh^
doth my lord send hu fools afler ma?
What is pot down in writing ia whit ^
■hall UybefiNc yoar lordship, aohmriM^
%
J<^ shooting ai Lord Onih%if,
A. 0. 1714.
[730
. own name: notwithitaDdm^ tbev would
f e it that he is entirely deprived of reason,
or lordship will tind some; ieltent writ by
[iBelf, inking itotice of the diilJeuUie9 lie
uoder^ that the people took bis clothes
I him ; it was easier for him to die, rather
ftn Uve in such onhappy circumstances; and
iires lo be broug^hi lo his trial : this was
ring bis cou6uement, and is very proper for
ir consideration; and for these people to
! to swear he is a mad man, and the man
I. look so too^ is very surpriziog'* We will
ptbis matter belbre you, together with a wit-
or two, and shall submit the whole to
ur lord*hip*s direction*
"srj. Whttaker, My lord, I heg one word
' of reply. They have given some ac-
"^ bis behaviour since his confinement.
nen» 1 cannot but take notice of his be-
kariour at the bar, when this man hatli l)ecn
JDoke to, whether he hath not behaved himself
B[ft man of sense would do that had dune an
^pary ? and when he was asked what he had
^■■■Yt whether he did not give a rational and
Hbiiole answer? As 1 lake it, be said he was
^WTV for the til act he had doae.
What can the most rutional man, if he hath
Wn in ail ill act, say, after he bath done it^ but
be is sorry for it? 1 believe every man that
bts done an ill act, and is sorry lor itj is a ra-
^tl man.
Then, my lord, ihey (^ive an account how he
behired himself after this fact ; anil there hath
liothint^ been proved of any remorse, but a sul-
len behai iour. When Mr. Allen was wiifi liim,
biibelmviour wus sullen ; that at^rees with all
iccounts tfial have been given. Then we shall
^•11 one witness, wbr* will gi^eyou an account
HV bti behaviour in the Morshalsca ; which is
HIllNMhietory to two or thitse papers, which we
" iHall jE^ive io evideoce ; What need my lord to
"end liis fools after me, &o, ? For a man to do
^is, sod then to say he is out of his senses t
At to what Mr. Oarby s^iys, that the man
*i8 ilways sullen when he came lo talk with
'■■ni ; if tliis be a proof of hin insanity, it is ra-
**»cr a prciof that he understood himself very
^flli and hud hit senses : there is no reason to
■•y tbal this man was a madman, and the Inw
*ill excuse him from being a criminal. This
•*tll 1 shall troubte your lordship with ; we
^iil call our witnesses, and then submit it to
>otir IfMTilfihip^s direction.
Herj. Comyns. If your lordship please to in-
dotge me a very short word relating to the
OMistruction of litis act of parliament ; there is
110 (bundatioii of any doubt on the construction
lif this id, and the mtent and design of it.
Just. TVoc^. Another thing more material ;
was adjudj^ed ^o in the Kmg's- bench, and
» eolirely given up, thdl there was not the
i«t (b»ubL
2»trj. Corny HI. My lord, therefore the thing
^ be cofiiMtiert'd in ilie eviilence \% wliether it
Is proof tif any offence within the Hords of
i actof |Nirlitiu)i.'iti i* If this unhappy attempt
believe it is hardly to be imagined that any
evidence given here would hate been thought)
ijufficieut ground lo have excuj»ed the persoi'"
guilty from the punishment of the law.
Then in case (as now) he recovers of those
woutids, that creates a sort <tf tenderoess and
compassion, where the conaeqoinioe is not al-^
together so direful ; and that may suppose thi
person to be regarded witli more tendernci
ilmo in another case : but the case is tlie same
in one as in the otiier case ; and therefore ht
that doth the act wilfully and maticioujily,
is guilty within this act of parliament. If \
person have no mind, he can be capable of nd
malicious design : therefore we humbly nub*'^
mit that must be the evidence to excuse ih
person, that he had no malice or design in Ihi
attempt made on this noble lord : but if up
the evidence it appears, that he acted with 4
sign, with deliberation, with sedulity, and «!^
long, fixed, designed malice, and tliere is »•
evitleuce of insanity that cun shew he had ni
malice lo excuse him ; tlieu he is guilty withitf 1
this act.
Serj, DarneiL My lord, I am very unwiJ4
ling" to take up aoy more of your lordship'g
time : 1 apprehend, the insanity of ihe mai
must be reckoned at the time he doth tlte fact}
if he hati) intervals, and kills a man in those in^
tervals, he is as much subject to the law as anj
other man ; therefore taking it all to be true
that the man is sometimes out of his senses, f
m\\ then fall under this consid^raiion^ whetbe
at tlie time that he did this fact, it was not ii
hib intervals ? And if so, he must ^^utfer th
law. My lord, the evidence halh made it ma
nifest, that he was in a capacity of aeliug thi
morning, employed to buy shot, employed I
do a work to get money ; he doth boy sho
distioguishes the sort of shot, a bigger sori
than ordinary. In the mornmg of that dayj
the people thought him capable to be entrust!
with mouey, and to be employed^ &c. sure tho
people that thus employed and entru«^ted him»
looked upon him that day to be in luii riffhl
undersUmding : taking that singly, if at tnal
time he was rt*ally in his senses, be ii subject
10 the law. My lord, it is very odd to hear so
many relations come into court, and confess
themselves guilty of the wickedest practice 5
Ihey say, Ihey apprehended he would set xhm
house on fire, do mischief, and yet suffered
him to go abroad. Some say, they did not fear
him, but they looked upon him as a madman ;
therefure not to secure him, it »$ matter of cen-
sure to all those relations, 10 look upon hitn to
be mad, and yet take no care to confine him,
or to cure him. 1 don't finil one single in-
stance to assist htm with any care for a cure ;
iherelore we hope, on the rt^ presentation of the
relations, this man i« not t;uch a person as to b«
excused from the law, I think it is very much
to be weighed in the breast of the jnrVt whe-
ther this man is not a warning to ever v wicked
cauiion to relations, that they
)»erson, find
should have regard to such a person. It iiil
went 80 far as the noble lord bad died j I j very lOrry account to be ipven, when a ueac
I
751} lOGEOBGE I.
ftlfttioo is •Oder then cireanutMieet, to n.y. It
it our reUtwa luUb doae it, prmj doa'i eeoricC
hin, thuttiph we have let him go ehroed in the
world, though we koew be was out of kk eesKs :
tkie Mrikee deep in their own GOD«iact, whnt-
«f er he the event of this trial. But I think
tbere it sufficient proof, that this man shouM
he hrooght in in the faoie manner aa every
body elae », that is in his senses.
Hr. Monk, This trial hath heU too kn^ for
HM to aiM any thing to take up more of yoor
lordship's time ; I only beg leave to take no-
tk^y that 1 think it m very eztnordinary in
these relations, that thev should not take care,
when they apprehended him to be mad, to se-
cure him : I don't apprehend that he was at a
distance from any or them ; but as to two of
Ike sisieis, that lived u the town where thm
nan erery day came, in the neighbourhood of
GnikUbrd, they say, they lived there three
years, and give several instances of his insa-
nity : it don't appear they ever sent any person
to Dim to let him blood, or to give bim any ad-
vice or physic ; that doth not only make them
blame- worthy, but, I apprehend, makes the evi-
dence they have given of his insanity incredible,
as coming from them, because it is hardly credi-
ble be siKNild be so, and they not take that care
of bun asthey ought. They own thatthey knew
he used to gu out a shooting, and had desperate
weapons ; they never svnt any bmly that went
after him. 8omc of the witnesses go to repre*
sent him as incapable of any sensible actHW,
fiir a great many years, and therefore he is set
at tlie bar in a figure different from the rest of
mankind : but even here, when they talk oi the
postaire of his carrying his gun, he says upoo^
that, he hath often had hi:* gun go off in his
hand, but never had the accident wfore. This
man they are setting to the jury as a man of
pity, oH compassion, capable of compassion.
Another time he said, his shot was rabbit shot.
The behaviour of him, notwitliKlamling he is
set, and put in that form, will not have that
influence ii|h>o, but that if you are satisfied lie
hath done the fact, you will find him guilty.
8eri. Cheshire. 1 beg your lordship's leave
to call a witni'ss or two : "there is one remark-
able passage your lordship will hear ffom the
witnrss : this was designeil a*! a recoi^nition of
this fiict, with respect to my lord Onslow, when
it was finished, they had thrown the ink upon
it, instead of the sand ; says be. It is an ugly
accident, it must be writ over acfain, you had
better stay till it be writ over again. I only
uffeml it as h paper signed with these circum-
stances, to shew bis behaviour.
Barwell Sntiih sworn.
Seij. Chtshirt. Did you see him sign that
paperf — AvilA. Yea, 1 see him sign it.
tti'ij. Chethire, Who writ itP
Smith, I writ it.
Herj. Ckitkirt. I'll ask you, dkl be dictate to
you, aayou writ it?
Sinith I tMk U fiw» biftiBMitky as aenriy
wIcouhL
Trklo/Edmmrd Arnold^
Scq.CAfliAirs. Whs* is the import e
SmUk, It is a sute of the case of
had done to my kird Oaskiw, and how
todgU.
Sen. Cheshire. Yoa took it fairly
Smith. I did ; it was read to him tv
he read it afterwards.
Seij. Cheshire. Did he sign it ?
Smiih. Yes.
Seij. Cheshire. Yoa observe some ii
upon it?
Smith. AiW be had aigoed it, J we
some sand upon it, and m mistake, I
the ink, and turned it up instead of tlie
8eij. Cheshire. What did he say ?
SmiiL A» s<»on as I had done it.
Why, you have btoited it so that it o
read, it mua be writ over ^pun : No, f
believe not, if you think it will sign
then saiil. Fray do all you can in you
use your endeavour trith ray lord On;
have 'his tetters taken off, tor they »<
grievous to liim. There was one of th<
in the room, and I desired him to tak>
it was his own voluntary deed.
Serj Cheshire. Look upon those pa|i
Smith. He writ that letttr, and I g
my lord Onslow : I sat by him, and
write.
Seij. Cheshire. Look U|>on that olbci
Smith. I did not see liim «%rite Lhi».
Serj. Cheshire. You take it lu be hi
writiug i*
Smith. Yes, I take it to be his hand-
(The blotted Paper reail.)
Clerk reads. <'£diiard Aruold, uov
Alar^balsea," &c.
Just. Tracy, Did he put his name tu
si If?
Smith. Yes, he did, he desired lie m
was read over to liim, aiul he said 1 m
it ; Yes, if you will, but do not siiju it,
is any thing io it that is not vVj^Ui.
The Letter produced, dated January S.
Smith. This 1 see him write; h
himself, without my saviiiif one word t<
Clerk reads. *» To the reverend
Onslow,** (fee.
Clerk reads the other Letter. «< My
to your honour is, that you would send
word, which way," &e.
Mr. Coe sworn.
Serj. Chethire. Sir, will you give i
and the jury an account, whether you v
him while lie was a prisouer at any timt
his confinement? And what passed I
you? What discourse.'* and how you
bended hiin to he by his behaviour ? V
he had the use of his undersiaiiding, fbi
under such a load of guilt ?
Coe. 1 went, the ilay he eommil
fact, to see him, at the house of ooncc
bad been up to see iny lord Onakiw^aM
iroHtoaieliiflEu
fm iko<4ing at Lord Onshw*
What time WHS it?
t«fi or el«v«o o'doi'k: then,
l^tiile iU>uble, and did not speak
Dt the next day, and he was
Fnto 1 rtK>m ; be seexnp<l under a ci}n-
Ml not lunatic ; ttnder a liorror of fjftiilt,
~ nays I, What could Induce
lis fact? 8ays he, My lord Onslow
, tke occasion of all the plagues
I hi the couulry : Who told you su ?
people say so, the very boys in the
out of my lord Onslow. I asked
" ns several tunes, but it was very
I ^t thint^ out of him ; he spake
ttf| and you ask several times, he-
answer, and when he did
raa always rational, lie would
lord Onsloiv, and that he was the
' all our plagDCs and troubles, and
^vit devices. Says I, Are you not
ifiVr death? Hays he, It is better
ito liv« ttiiserably, f went to see
Kt da y : I asked him, Did you m-
Imy lord Onslow ? He hwd a dream-
Japeakin^; Ves, to be sure. I itaid,
J vou intend to hit my lord? Says
ft I shoot at a rabbiti 1 always aim at
hire. Did he desire you to say any
lord?
rent ailerwanls to see him, when
be lVlar>thals«*a; he was very ill ; I
Nil, and the man in the bar brou|(ht
I asked him if heciiuld drink some
says he, *rhe white-wine here is
■ my stomach ; then I called for
k, and 1)0 had it. I aiiked him how he
jte held down hia head, and aaid« In a
tin. I suid to his keeper, I believed
jlie, he should have some care taken
» keener said, It waa cummoo. The
kd, These irons are very heavy and
L and aai down in a chair, very ilL
I me to apeak to my lord, and* tell
was ironed, and they used him. 1
U> my bird, a«id afU-rwanla came to
lain, which was on the 29th of Oe*
I mayor's day : I remember the
1 nee my lord mayor, and the
mug to \Vt'sUnin«terVv water. I
, It is a hnrd case, that a man
family should siiAer so^ you
dare all that you know ; it is an
hate a iiiau extempare ; if you
dy thai set you upoti this, you
wlio it is ; but have a care you
the innticeQt; hut he never did
'It', but he told me, 1 have
iH ill tltjt paper IB true: 1
me the irut?:, hut he !Mud at
>o»low will come licrt hinj«elf,
Fbttu send oo more of his fools
iirt. Have yott any i>eaaon to be-
pf waotcd the use of hia ui»der<
I wtsttt to ichod Mriih liloi ; w^
were in the same class together : he was a
strange, sulleo boy, such a boy J never saw the
like of him before, which made me, when I Mi
school, that I never spoke to him siticr, tilt
about two years ag^o ; and as I was gftinft up
the hill, 1 see him have a perch by the tail; l
asked bim, what he would have for it, he asked
a shilttDfir for it ; I told htm, I would give him
sixpence, and a pint of ale : No, says he, it m
honestly worth a Bliilling, and a shilling I will
have.
8erj, Cheihirt. How long ago ia this?
Coc, Christinas was two years.
8erj. Cheshire* Yott formed a notion of him
from a school- boy, that he was a majicioua,
surly fellow I
Coe. 1 did i I really thought, such a temper
as he act oat with, must produce such a Dian
as he appears to be*
Just. Ttaey. He did behave himself last
night, when he pleaded, calmly, and as mucU
in his senses as any body.
Centlemen of the Jurv^ this Edward Arnolda
this unhappy person, is Indicted for a great of-
ience : the law, on which the inilictment i^
grounded, is an act of parliament that passed
the last session of parliament, and is entitled,
* An Act,- ScQ. which is confortnaUle to the an-
cient law of this kini^dom, but that law hath
been discontiuued ; if any nian did assault ono»
tiler, ilmugh death did not eusue, it was made
felony, by the ancient law of the kmgdoui;
but tlie law is since altered, and it waa uot sOp
till this act of parliament was made. This is
to show vou, that thouj^h it is a new law, it is
just, and he that hath [8u in former edition^
not if ihe reason of law : all laws are of equal
force, till repealed, have the same power, but
when they are repealed they are no further to
be considered. There canU be a more horrid
and wicked thing intended in the design of it^
than tnaliciously to si i not a man*
To prove t!ii!» indictment, they have called &
great many wituesscH: the first witness they
call is Mr Flutter. This happened to be dona
on the '^Oth of Augnst last, in the parish of St.
Nicholas, near Katharine-hill, as he was cocn«
iug from hunting with my lord Onslow. Whea
they came into a narrow lane, near Katharine*
hill, lie ^aw this man comtug toward?* them, to
meet them, with his gun in his hand, and b«
observed his gun was* cotiked, and he said be
looked Ml Mii him, and his countenance was
chaogt 0 ^v4 he looked pale, like a man thai
had soi; e great conceru upon him ; he ob*
scrvetl and asked him the reason of his carry*
iog hi9 gun in that manner i but he m;ide no
au%wt r, went on cursing as Ikj went, and when
he passed them» he iiiimciliately turned short,
nhot my lord Onslow, knocked him off hti
. horse, and he Irll from his horse upou his lao<f,
11ii«i isMhe description he giv»^ ot the fact.
He h then aitkefl, Whether t*ver the prisoner
was reputed a madman, oi dt^^tracted, or luna-
tic ? For you arv to undersUnd^ that that it th«
mam pvint in this ease^ and what tbt prlfoosr
3 0
I
I
I
an
_ he
■ liii
■ loi
■_ Irt
755] 10 GEORGE L
bath forhis defence : &iid the vi itfiefts sftyi^ Tie ne*
rer heard of \m beini^ maif, or hh ^ ' iMrt«!
to be mail, or uttt of htn senses^ n< lin^f
he hves at nijililloitl, mid this ijiiiimn lives
verv iieai- hmi. At the name tiD>e he sny«,
thii'i he knew very little of bioi ; so that what
he says, as to that, is not of great weigfht. I
told the prisoner* as atiy witness came to be
exafuitjed, il be moM have them asked any
queatioD^, 1 would ask thenn for him : iostead
of asking the i^ituess a question, he said, He
passed thttl wray every day, and he was sorry
for ^«hat hils done.
Mr, Pamonsis the next witness : beaaya he
was very Ofar my lord Onabw when thia ac-
cident happened. He gives you ranch the
aame account aa the other witness did^ only
adds, that he ptesented his piece, took dtn,
and shot at my lord tlniilow : The event of the
iliooljng, he describes in the same maoner as
the other witness doth ; so upon that^ the man
wem on* and he Mlowed him ; the witness fol-
lowed him, and told him, be had killed my
lord Onslow, and he wouhl he hangefl for h ;
What, says he, t shall not he hang^to day,
and he would have charged again ; with what
intent you ai^ to judge of u|»ori Ihe circum-
stances of the case. The pri^imer wan brought
b^ck to mv lord, and on si^rUt of him, my
Inrd said, '('ou Txltaio, you have killed me:
The witness thoui^hi he* had a design to fall
on my bid Outflow again » that is tincertain ;
his mm was taken from him, but he appre*
henoed something of that kind, and that he
intendrd some further mischief against my
lord Onslow. He suid^ When be shut, he aim-
ed at my lord'* bead, but the wound was only
in hifi shoulder : And the priiioner being asked,
if he had any questions to ask this witness,
aaid, Be did nut know what to say. This
gentlemnn saySf he never took the jirtsoner to
be a madman, hut a sullen, morose fellow, and
he used to go a sbootingi and a fishing.
Another witness is Mr. Fawks ; he soys, he
was tvith my lord Onslow, and saw the pri*
toner coming up, and he told Mr. Farsons, that
he believed be had some design agoinfit him ;
for, not long before » he liad taken a^way his
horse, in ibe manner he describes. It is not
matenal to run through alt the pariicnlars, and
he did not know, but he had a design upon
hirn ; he looked very stem, and after he liad
pa^ed my lord, be immediately to mcd r*jnnd,
and shot, as you have beard. He was a5«ked, how
he could see at that distance, when he wns be-
hind r.iy lord, m the same track F so that my
lord tnust be between him and the prisoner-
He said, my lord and he were in the horse-
track, and the prisoner was in the fool way,
■^hich WAS a liifTerent tnii!k. This witness is
ked, Whether betook him for a madman, or
a Innaticf Clentlemen, be says likeivjse the
same us the other witness, that he alt^ys wag
h ^luly, a morose fellow, and did nnt care to
talk, but he did not take him to be a madman ;
The prisoner thm said, He had often had his
^u go off* iu bis hand, hot never had f ucfa an
TrUl of Edward Amotdp
accident before. When thii witaaas asked i
prisoner* Why be did not i
he had talked to him al
with his horse, rather than my hird <
be said, You are an innocent rnaa
The nen witness is one Mia. SetHUl c
po«d»iad
shot ; and when her daughter eanae aad aMI
him what size shot he would bare. Iia sal^
The bi.:^gest they had ; but the daagmr enai
and told her they had none of that ia At
drawer : then she bid her give tba <
No. 2, which she did, and he paid lier fbr h.
This witness tells yoa^ be baa been a rm
good customer ; and that the shiH be anrfj
bad was another sort ; and he never asked 1^
or had t this big sort before. That shewf,gia»
tlemen, and from whence tliey would tnfcr, aol
it is lit for you to consider, whether he badavl
some more than ordinary design^ greater tba
what was usual whea he went to Jtill rablib|
which is a thing much relied upon in theoaoiK
of this trial. When he ia asked if be will ok
this witness any question? He says he
several times bought shot of her ; and ibel
asked whether she took him ^ a madn
She says she ahvays lo<ik him tol>e as i
by bis dealmgs witb her upon the accoont (
what he bought, as any body; and thst f
never had any of the brggest ibol before :
tells you he paid for it as he used to do. Ai
this prisoner on this occasion owns, that bt
had olten bought of her powder and ahotffi*
quently.
The next witness ts William Nmilb: 111
says be met the prisoner, and the priso«er
asiked him if my lord Oosiow went a fo:i linilt«
iug. This witness was aakcd wiiettter It
looked upon htm to be detracted? He silA
No, be never did. Sometimes he went ouli
fishing with him ; somelifnes he wiuild fi(L
very well, and sometirueb not give him a i
that he was n moi-vSe sullen man : Hesajsl
was a great iisher, but his tackle was strMf;
a coarse gnming sort of tackle ; ha wic
DO great artist at it ; and that he oftea sImH
rabbits.
The next witness is John i^nrt : he says It
saw the prisoner the same day, and he. asked
him if my lord Onslow ^s bounds wrre aiil •
bunting? He told him he did not kiiaw ]
fell a cursing and a damning my lord (
and said, If he saw him he would slid
This was about two stones throw fr4
place where this accident happened. He i
he hath several tiuies seen bioi a
with a gun, very often. lie was asked wb^
tber be took him to be a madman T He wiidke
never talked much sense, and be would fta
rail, and curse, and swear to himself: Then Af
prisoner said himself be never swone; tk0
prisoner observed it unon that occasioOf tbatki
never swore ; and toe witness savs tbat he
look him that morning to be in Urink ; sn<^
when he was asked, Whether be t<Kik hini w
be distracted f He sstidi be dtd otA take bhn to
for ikooHng at Lord Onslow,
sober, be was not ri^bt in hlii senses, he
"would talk and swear so much tc^ bimself.
Tbe next witness is John White: he says
t saw the prisorter thai day * he says heheard
I t^uD g^ (iff, aod he caciie aflerwarda itito a
pblic houae where be was» and the witness asked
I prisoner if he had shot a rahbit? HeloUJ him
» bad shot ocitbing^, it v^as «u!y to discharge his
ao : from whence they make an ()t)sei'?aiion
the kiug^, VVhy should he discharge bis
tin, unless it was that be might be more sure
fita fi^oiii^ off when be chargred it again<, fur
LniiKOl be wet and damp hy I5 in^ by ? That
lews his retison and bis judg-meot, if be did
it &hews it was not the effect of sudden
; and distraction, hut a premeditated thing,
dwigo and artifice, and that be tiaij
^ of his Bensea and his reason : if that
ilie cause of his dischar&rlng his gun,
ong'h no reason is given for it; and what
OQ could it be ? for they do not offer any
rcttsonf unless it was to secure it, that the gun
' i>utd 1^0 (iff; for it having remained charged
»ine time before, it may be moist, and so
dd not go off : whether he discharged it for
, f muKit leave ibat to you ; be only
1 he liad discharged it. This witness says^
i was at that time in a very serine temfier, !
I he never took bim to be mad or distracted : !
cunning in alJ bis dealings with him.
This witness was a tailor, and bad dealings witli
him as a tailor for some t^me ; he said be paid
him very honestly aod well, hut he was always
F«ry bard: He says when he was once with
the prisoner before this accident, and the
Driaoner asked bim what sort of a man my
lord Oosbw was, attd what my laily On&luw
Biras ; the witness gave tbem both a good cha -
klCtcTi and speaking of my lady that she was a
Bpiod woman; says the prisoner. Why donU
Hie cut my lord Onslow*s tliroat ? He says
VEa ased to shoot rabbits : and afterwards he
went to see bim when be was in the house of
correction, and he asked him what the peopie
nud ; and he said the vogue of the people al
Guildford was, that be would be hanged ; aod
bii friends werti much grieved aod concerned
for bim : the prisoner said he desired nobody
abould be concerned for him. This witness
once told him my lord was dead ; says he. If
lua is dead, I can' t help it
Gentlemen, the next witness ia Mr. Allen ;
mnd he tells you, ibat soon after this» fact was
done, the sarn<i day he ivent to bim to the
htume of correction, and examined him ; anil
tbftt be found him in a very sulleu mood, and
Iwiooakd get no thing out of him a long time;
•I kksl with some persuasiou he expressed bim*
adf lbu« : 1 dooH trouble my lord Onslow,
pray douH IrouhUj me. He went again tbe
Bexiday, aod then he asked bim several ques-
Hwift ; but be ran 00 with veheaM»ea against
my lord Onslow, as the author of all tbe
ittamlts, dittturbancea, and confusions, and
wicked iievicea that bad happened in tbe coun-
try. This witoeaa being s«ked, wbetlier be
JuAr d«i:iare(l thai be wu mmk atW thi» catwni-
A. D.
He aaid in answer to that, that he
met with the prisoner's two sisters, who aMke^l
him of this matter, tbcy asked bim if be did
not believe their brother was mad ? He said, it
was the best thing they could say for him, to
say that he was mad ; he said the prisoner
henaved bimself very o^ldly, but positively be
never dec In red that he was mad ; he told him
be was willing to die, and why did' they not
kill him? That talking to bim further ol this
matter he asked him if he had any long deli*
berate intention to kill my lord Onslow, and if
he had commuoicated bis design to any per-
sons, or any persons had encouraged him in
it ? He named two persotis, but tbtsy were not
named by the witness, becauj^e it might turn to
ilieir prejudice one way or other ; but it wat
asked, whether nr no tbe^ were my k»rd On-
slow's friends or bis enemies ? He said, on his
then further eodeavouriag to tiiul Oiit tbe
botton) of the matter, on ihe prisoii«rr^s declar-
ing that such persons bad set bim on work »
the prisoner then intending to 8ink back. Mid,
bo would not bring his friends into tr«iahlt«
These are tbe discourt^es of a prudent mRD, m
oaan that hath the full use of his understanding 1
no man talks in a more reasonable way than
this. I told you tlie two persons were not
named on debate; it was determined the wit*
ness should not name who those tvio persona
were, hut should declare wlieiber they were
enemies or friends to my lord Onslow ; he da*
clared ihey^ were my lord Onslt>w'i Kiiier ene-
mies. This witnei»s gave yuu a loti^ accuunt
of this matter; he said he ba«l redut^e^l it into
writing ; which wa^ the reasim tlmt he so welt
rememl>ered it ; and that made him !iu very
partifular.
Upon this the counsel for tl^ king stopped,
and lett the matter here. Then the prisoner
beiug asked what be b»d to say fur himself, he
was a goml while he tore he spoke ; hut what
he said was to this purpose ; if be was guilty
of any fault, he was sorry for it ; but be did
not know what to say. 1 bis is the eubstance
of what he said.
Then, gentlemen, they have been indulged
with all the favour as can be ; and to dn right
to this prosecuti^in, and tbe t ono-^el for the
king, because there bath been an affidavit ^wom,
that he is not perfect in \m senses, they Grave
liberty to anotlier person to call tbe witoeasev,
and put what que^itioiui they pleased ; they
have had all the Ikvour and iudulgence ima-
ginable ; tlierefore it is tit t<» lie taken notice
of. tor the honour ot this pr«isectitioti, that
etery thing bath appeared tiiir to the country,
anil they may judge of it.
They have produced a ifreat many witnesses :
the Arst is Nathaniel Arnold ; be speaks it
po!iitively, and says he know«i him Ui be a
madman ; his fattier bad tri<^l to put bim ap-
prentice lu sever aJ places, but he would not
stay t Otice Ut: came to see the witness at
London, byt he would not stay ; then h« sent
him a ship-board, in order b go mto Vork^
sbire ^ hut be would notjiUj; aAef wards be
I
I
I
759]
10 GEORGE I.
Trial ofEdaard Arnold,
tn»
looked upon bim as an anaccountaUeniaii ; and
his father dyion^ he left a reasonable sobeisteoGe
to keep him from starriog, SO^ a year ; and
that was paid him qnarterly by this witness:
Sometimes be was so distracted ibat he woold
lay out all night open hay-ricks, thongh be
niif^bt hare oome home and Jaid on a good
bed; that the prisoner lives by himself, but
bath no manner of con? euienoe about him :
this man expresses it in general, that he belieres
' him to be a madman, and always acted like a
iiiadman ; though he says he was not so much
a madman as to be chained and tied up : be
says be ner er had a letter from him ; but he
could write, and he wouM press him often for
money as quarter-day came.
The next witness is another brother, William
Arnold: he says his brother was always dis-
tracted, and not in his senses, though not 'al-
ways in so sad a condition as at other times ;
he would curse and swear rery frec|uently : In
his^ father's time be would curse bim, and call
Lim wicked and abominable names, and then
burst out into a lauffhter.
He says his fatherleft him twenty pounds a
year ; be was always ready for bis quarterage,
ibr be would run a score, and the people would
dunn him. He says, the 10th of July the
prisoner came to bis house in London, and
told him be could ne?er be easy, for my lord
Onslow had bewitched him ; and he looked
wilder than he used to look ; and be gave him
money to go home.
And in his father's time he wodd abuse bis
ftUber ; who, at the request and advice of bis
neighbours, applied to the late lord Onslow,
who bad bim sent for a marine to the Baltic ;
but he did not stay, but came home again:
And when be misbenaved himself, people would
tell him, my lord Onslow would send bim again
for a soldier. The witness is asked, if be did
not hear that he ever threatened the life of my
lord Onslow, or say any thing he would do ;
lie tells you be doth not know or remember
he did.
Another witness is Mary Arnold the wife of
Nathaniel Arnold: she says, she bath seen
him often in great disorders, and bath seen
him distracted ; she hath known him several
years, and never heard him speak six words of
ifense together. He struck bis sister so dan-
l^erously with a stick be threw at her, that she
feared she would have lost the sight of one of
her eyes ; she reproved bim, and be laughed
at her for it : and at table he did not sit or feed
himself as other people did: she never heard
be hurt any body. About a month before this
accident happened to my lord Onstow, the pri-
soner came to her bouse in a great confusion,
and told her he was bewitched by my lord
Onslow ; and be said the imps danced in his
Toom, and he could not lie in bis bed for them ;
and that the devil did tempt bim, and the imps
stood by his bedside! that to the best of her
knowledge she never heard him say any thing
•boat my hml Ghalow before, or or the design
The next witness is Eiettwr AmoM, bis
sister: she says, the prisoner hath beea de-
tracted for more than seven yean ag^ and ia
all that time was not capable of fbrmuigaay
design: she says, that the 90th of last An-
gust he came to the parisb-chnreh, nod be-
haved himself in such a manner that tky
all talked of him as if he wasadistraefeedpcfso^
and she contradicto what Mr. Allen aslid, sai
doth say that Mr. Allen tdd her, after tba«-
amination, which Mr. Allen hath mentioned 4i
you, that he was a distracted person at tM
time, and that was his opinion ; that be wmM
Ibr hours together Ulk nonsense, end eutmmi
swear, and he wouU give no reason IsrI:
she said he woold sometimes make a grsslls
in the pariour when no person hath bein tfei^
as if he would fire the house; she hath kiHI
bim throw burning coals on bis fiitber^ ||bll
when he was alive, and be would fall often k0
sodden fits of laughter : sometiiDea she •■
afraid he would do mischief to himself; jftii
care is taken of him.
Another sister tells you, she thoogbt Urn
distracted and mad, though not so much aitf
late: and gives you several instanees: 81s
says bis swearing and cursing to bimsslf,«i
his sud«len fits of laughter, and his tMigt^
inhuman creatures, was in a different miMiff
from what other people did ; she noentioBslht
same thing about his going to the chnrcb, ■!
the opinion and observation the people msJsoi
his behaviour, that they couM not miaginehrt
he was mad. This sister says, that Mr.iDa
did tell her he was distracted and mad ; aadie
owns she was the person that was struck by Ail
man ; and she says she never gave bioi ssf
provocation for dumg it.
Another witness is Gittings : she telb JM
she always took him for a lunatic, and tbiife
nine years past: he says as the othsr ill-
nesses say, that he would tslk to himself, »^
swear and < • -•-
sneaks as
time, and i
very much , , - -
complained, that he was plagued by my M
Onslow and his im|is : And in* May last beW
hurt his arms, and she went to one Mr. Howvs,
who was a sorgson, who applied h plaiilerli
his arm ; but the next mornmg, when tosM
came to dress it, he had thrown the plaWlerisI
tbings about the ronm, and said to the vi^
that he would make issues in his arm. Tb9
he comphuned that Mi . Waite's rooks diitdiW
him ; then after lie had ceased to talk of IM%
he soon began again to talk of my lord 0^
slew's plaguing him day and night: Mie«y>
she saw the prisoner m gaol the iSd of' Wt
month in tbe Marshalsea, and that he wsfil
great disorder ; and then she asked him hsv
he came to do such a wicked thing? Aadtfc^
he gave her little or no answer that sbeciv"
make any thine of; and abe naked him if ig
body bad aet him to doit, ami whefjedB^
told her it
V twe litOt biyi^ «M
Mb*l
Jqt shooting at Lord Otu^. A, D. 172i- [T68
mnd mi l«st he said, Damti Tom Ooslow, and
safd he i ad bewitched jjJDi, and he would go to
I lie kiri^« ami knoiY the reasuD why my lord
Oofitoiv troublecJ him so.
The oexi is Mary Morris: she say a she al-
ways thoug'ht hirn to be mad by his mad ac-
tions ; she say a he would curse aod swear ;
and that the Saturday before he shot my ford
Onslow he came to ibeir house, and talked aO|
and looked so wildly, that she was frig^htene<1 :
when he was in prison she carried him ? ictimlt,
and the gaoler bid her bring no bones, nor
knife, for they were afraid he would do himself
a mischief; then he asked a boy thai was with
her, whether they were pUgued with the hol-
lies and bugs, as formerly ?
The next is Stephen rachin : he says thej
found him in Loosley lodge, lying only upon
the wood, in a morning, about two years since,
in the spring of the year, about teveti oVloek in
the rnorniiig.
The tiext witness is Robert Dandy ; and ht
says htr al^vays thought him a crazy man, sef-
dom in his senses ; he says he bath tbreatetied
to beat his father.
The next is Mary Swetman, the wife of
Swetman, where he lodged, as bath been
obserfed, for a matter of fifleen months, and
at that time» she says, she thought him a mad*
man, not iu his right senses. Oncelbey could
not prevail upon him to come into the bouse^
because he had said, there were ro|^Qes hid,
and he did lie out that night. She gifca ^OQ
the same story, about the hamper of wioe ;
and that the prisoner talked to her husband,
that thd^re was too great familiarity between
her and my lord Onslow. Hometimea be
would pretf nd to read in the Bible : Once be
read in the Bible two or three chapters ?ery
well. Another time, being worse, she gate
him the Bible, and asked him to read ; he pre-
tendeil to read, but rejieated most strangv^
stuff as ever was in the world : he then talked
of my lord Onslow V plaguing him. She telfi
you, that he did not lie at home that night be-
fore this accident happened, but was hoin^
soon in the morning; and be went out, and
came back :igaJD, and then the boy told him,
tboi Mr. Wiiite wanted to have his rahbils
killrd, ami the boy juid he was to go halves,
aud tbe mother did tend hini a shilling to hiky
powder and shot for that purpose. Now rt
feema, the place where I^lr. Waiters conies
are, i» near the place where this accident han-
pened, so that they would have yoit think^
that this nowder and shot, which he tMOgbt,
was to kill these rabbits, aud thst he was go-
ing Ifaat way in order to it. You will re-
tnember what was proved to you about the shot,
that it was not the usual shot that he bought,
but a bigger son. He went up llie lane,
the witnetA tells you, towards the place where
Waiters conies were : soon after that, she
beard a gun go oflf, and she thought he had
been killing some of the rabbits ; bat aoon
afUr, she saw several horses, and nobody tipon
them, and aoine gmitleineiij and they came and
•bout ef ereo years old ; ajid she says he
ir ibere were great plagues in the world,
Vtn would be great mourning and hmen-
. These are instances she gives of his
• nest witness is Mary Martin ; and she
tbii aba heard iiim declare that my lord
w was in his belly ; aod f think she says
i|ipatnted a time to go to my lord Onslow,
I was the next morning i and that he
d his breast and cursed and swore, and
dy lord Onslow was in his bosom, and he
nejHier eat, nor drink, nor sleep, nor be
for him.
I neat witness, Swetman, tells you that
jsoiier was a crazy fellow, and not always
aenses; that he lodged at his house
I moDihs before this accident happened,
«re could speak more particularly as to
! wilpeas tdls yon that he used to lend
ta gun, but he did not lend it him at this
but he owns that the pHsmier had the
hough without his leave ; be liays he was
illy worse in spring and fall ; he tells you
m prisoner told him, that my lord Onslow
flught a hamper of wine one night to his
, and that next morning he found all the
I fxnpty ; and be said that my lord On-
kid (jeen there revelling, and making so
a noise that he could not be ai rest for
Tbia was half a year before this accident
nad. He ^ays that he had the gun to go
boot Mr. WJite's conies, for which he
> have sixpence a-piece ; and »he lane
my iiird Onslow was shot, leads to tbe
fiehl li'here Wr Waife's conies were;
is made some use of in the course of tbii
lie aays he hatli beard him say fnr-
he would shoot my lord Onslow at the
race*
> oaxt witness is John Dedmao, who says
RHsoner is a madman ; gives an ac-
lift compliintog of m^ lord Onslow ;
ad a house, but he fiad no beds or
in it ; he says, about five or six years
at bis sisters and maids, and he hath
I to go and make fteace amon^; them.
I is one Richard Wheatly;
I his barber ; he says be hath
_ r»er these two yeara^ and some-
le WHS afratd to shave him, he would b«
Bg all the tjine ; and once he said to the
t, Damn you, cut my throat,
next IS John Tydic : he sayi* he is a very
mnof a telluw ; he is asked what he
f a crazy nort of a fellow ; he sav« he
I fiwliiti expressions ; he hath heard
I boUerovs and the plsgues plagued
"^cottfd not rest : He heard him
1 10 the hamper of wme at Swet-
I wdl not reiinat it.
ftrxt witness. Thomas Poulter, anys, be
I took him 10 he out of las mind ; once
Metieil id kill him, about a fortnight be-
H ftceideui happened to him, in a Held
li« WW wotiilngy swearing and cunittg ;
f6S] 10 GEORGE I.
msked her ibr some water and brandy, to re-
lieve my lord Oaslow under hit miatbrtiioe ;
and then she came to hear, that the gun that
went off, instead of killing rabbits, went off
aifainst my lord Onslow. She says, she hath
heard him say, he would kill roy lord Onslow :
the says, he hath sonietimee threatened to kill
ber, but yet did not do her nay harm. They
think this evidence so very nalerial, that they
have produced two witnessM, that Sell you,
that they heard this Mary Swetman eay the
very same things to them, as she hath now
given in evidence.
The next is Mr. Copeland: he says, he was
wiUi the prisoner in^tbe Marshalsea, and then
he asked him. What mduced him to do so hor-
rid a fact? He said. My lord On&Iow had
bewitched him : he askeil him, If any body had
put him upon it f At first he hcsitaied, but
afterwards he said, Nobody. He was very cox^
fused, and bethought him mad.
The next is Mr. Darby ; he said, he often
examined him, could get no answer from him,
but said, My lord Onslow had bewitched him,
and was a trouble to him. This is the evi-
dence on behalf of tbe prisoner, to show that
the prisoner is mad, and what he did, as such,
is no crime ; and therefore no great weight
ought to be laid upon it.
But by way of reply, they have read papers
under his own hand. Mr. Barwell Smith, he
was with him, and he bath proved them to be
bis haoML One paper is the state of his case,
and tbe witness wnt it; but he took it from his
own mouth, which b the same as if be had
writ it himself, and the prisoner signed it. It
happened to be blotted ; this is mentioned to
■how his sense, and that he was a man of dis-
tinction ; says he. You have blotted it, it can't
be read, it must be writ over again : the wit-
nesH told him. No, it would do ; Well, if it be so,
1 will be satisfied ; and he desired the witness
to pray my lord Onslow, that his irons might
be taken off, for they were very grievous to
bim. The next paper is (here are three) a let-
ter writ with bis own hand ; and here is ano-
ther letter writ with his own hand : both sides
agree, that the jury might have tbe papers to
peruse. lu this paper, he says, He was excited
to this by and the^ resentment he ex-
pressed to my lonl Onslow, proceeded from
several persons persuading him, that my lord
Onslow was the occasion of all his troubles,
and several persons came here, and took the
advantoue of it, and told him, that he was the
occasion of all his troubles : this he g^ves you
aa the occasion of his great resentnnent against
my lord Onslow : this is as rational aa account
as any mortal man can give. Then there is
this letter, there he writes to my lord Onslow ;
it is directed, To the reverend lord Onslow ;
but in the letter it is, Please your honour to
take into your consideration, Ace and the other
letter b much to the same purpose : these yon
will have along with yoo.
Thea rou have Mr Coe, and be went to him
tbe day Ute iact waacaanMt|e<I|MMl atthattiiae
s
Triai f^f Edward Arnold^
[764
he would say nothing to him : the neHday be
went again, and then ho. said. My kwd Oadiw
was the occasion of all hb troubm. Hie tbini
dav he went, and asked him, If be intended to
kin my lord Onslow? and be said, Te^ Is be
sure ? Where dkl you intend to bit biia ? Ssji
be. When I shoot at a rabbit, 1 always aim at bii
head. He Went to him again, wboi be wis b
the Marshalsea ; and he was very iU ; and be
asked for some while- wine f9r bim, bat ht
said, The white- wine was too sharp ibr bb ill-
mach : and then he called for somesackt vbicb
he had; and he held do\vn his ' ~
seemed in a bad condition : that he pn
to know who set him on work ; and he «iiV
my lord will come here himself, let bim; M
let him not send any more of hb foob ll*
me. Thb gwtlemau says, he was bia Mbdp
fellow : he was just of tbe same nature tbca; I
i^ggf^» dogged, humountome fellow, bni^
carwl to talk or speak to any body ; he bint
the same now, though he hath had no coafv*
sation with him since ; but abont two wi
ago, he saw him, and he had a fish in hb eiai
to sell, and he asked to buy it, and oflered Ua
sixpence for it ; No, says be, it b honestly mvA
a snilling, and a shilling 1 will have. Tbiftii
mentioned, to shew that be was a man voy
sensible, made a very sensible answer: ■»
man could make a properer answer thao tbi
man did.
Thb b the evidence on both sides. Mow 1
have laid it before yon ; and yoo roust GOBsite
of it : and the shootingf my lord Oaslow,«kiik
is tbe fact for which this prisoner is indicted, ii
proved beyond all manner of coiitradictisii
out whether this shooting was maficions, thit
depends upon the sanity of the man. Tbiths |
shot, and that wilfully [b proved] : hot whs*
ther maliciously, that Is the thing : that b tbP
question ; whether this man hath the me^f
his reason and sense ? If he was under the nir ,
tation of God, and could not distinguish bi- ;
tween good and evil, and did not know wbst ht |
did, though he committed the greatest oficM
yet he could not be guilty of any offence sgMB^
any law whatsoever ; for guilt arises firoo tht
mind, and the wicked will and intention ot' thi ,
man. If a man be deprived of hb rea80D,ii" j
consequently of hb intention, he caniwtbe ]
guilty ; ana if that be tbe case, though be M
actually killed my k)rd Onslow, he is exempt
from punishment : punishment b intended ^
example, and to deter other person! fr0|*
wicked designs ; but tbe punishment of aBM""
roan, a person that hatli no desi^, can biv*
no example. This is on one side. Go ^
other side, we must be very cautious ; >t isii|
every frantic and idle humour of a man, ^
will exempt him from justice, and tbe piu^
ment of the law. When a man b guiuy v '
great offence, it must be very plain and ddft
before a man b allowed aucn an exenipn** t
therefore it is not every kind of frantic bi*
j mour or something unaccountable ia a itf>7
■ actions, that
I maaaaia
It pointi him oat to be
to ha exempted fraia
andiaorf'
Jkir thooHng at Lord Ondanvt
A.D. 1*724.
[766
be ft man that is totally deprived of his
\admg and memory, and doth not
hat be is doing, no more than an infant,
rute,or a wild beast, such a one is ne?er
!0C of punishment ; therefore I must
to your consideration, whether the con-
iiis man was in, as it is represented to
me side, or the other, doth shew a man,
i¥f what he was doinsf, and was able to
ish whether he was doinff good or eril,
erstood what he did : and it is lo be ob-
tber admit he was a lunatic, and not
. A man that is an ideot, that is born
r reeovers, hut a lunatic may, and hath
fals ; and they admit he was a lunatic,
t to consider what he was at this day,
* commiued this fact. There you have
many circumstances about the buying
der and the shot; bis t^oing backwara
ward : and if yuu believe he was sensi-
bad the use of his reason, and under-
bat be did, then be is not within the ex-
IS of the law, but is as subject to punish -
s any other person.* Gentlemen, I
vre it to you.
hat kinds and degrees of privation or
ion of understanding shoald exempt a
om liability to legal puoisbment are
N of some nicety. They were oonii-
a the case of lord Ferrers, a. d. 17(K).
particular the very able speech of Mr.
md were admirably investi^ted and
•d by tlie present lord Enkme, in bis
oTHadfield, a. d. 1800. See, too, the
' Bellintrham at the Old Bailey in this
month of May, 1819. It is very well
that a man afflicted by a high decree of
NW, Day of privation, of understanding,
t be capable of assiyciating, and may ao-
■ftieiate, in his mind, the ideas of of-
id puiiishmciM. so that this association
ive a powerful influence upon his con-
Fhus in the places, where such pitiable
9 received, for the purposes of cure or
ody, severities arc exercised upon
Then the Jury withdrew to consider of their
ferdicty and in a short time returned again.
CL if iht Arr. Gentlemen, answer to your
Faremam. Here. And so the rest.
CLcftkedrr. GenUeiBen,are you all agreed
en TOur Terdict P— %7ttry. Yce.
CI. if ike Arr, Who shall say for you ?
Jury. Our Foreman.
CI. of tkt Arr, Edward Arnold, hold up thr
nd. (Which he did.) Look upon the |)n-
sooer, How say von. Is Edward Arnold Guilty
of the felony whereof he stands indicted, or
NotGiulty^— JWsian. Guilty.
CI. if the Arr. What goods or chft(tels,huidf
or tenements P
Foreman. None, to oar kaowledge.
CI. of the Arr. Then bcarktn to year fw-
dict, as the Court hath recorded it. Yeu say
Edward Arnold is Gnilly of the Meny whereof
he stands indicted ; and that be had not any
goods gr chattels, landa or teneoients at thie
time of the felony committed, nor at any time
ainoe, to your knowledge ; and ao yeo aay aU.
Whereupon, he received sentence of death ;
but at the intercession of the right honourabU
the lord Onslow, his execution was respited :
and he oontinaed a prisoner in the new gaol,
South wark, upwards of thirty years, and warn
died.
them in the way of punishment, and are fbnod
to operate (not oiuformi v, nor indeed constantly i
neither does the dread of punishment operate
uniformly or constantly upon that part of man*
kind, which is suffered to be at large) in pre*
venting a repetition of offence by the sufierav,
and the commission of offence by others, who
have been witnesses of those sufferings. There
are in the case of the Attorney General v. FSm-
ther some good observations of lord Thurlow
on the operation of mental derangement to
incapacitate a party from domg acts binding on
himself and others.
lla •-.-■■.
76TJ
iO GEORGE I.
Trial of the EaH ofMtucUffiddt
466* The Trial of Thomas Earl of Macclesfield,* Lord High
cellor of Great Britain, before the House of Lords, for Hij
Crimes and Misdemeanors in the Execution of hisOflScef
10 George L a. d, 1725-
Tbb FtEST Day, — May 6*
About eleven of tbe clock, the Lords being
pea ted in their Bouse, the Managers for the
Bouse of Coram 0U8 being in the conTenieDcie*
made for them at their lordships* bar, Thomas
earl of Macclesfield, having a atool jdacetl for
, tiim within the bar, and his counsel, viz. I^Ir.
Serjeant Probyn,f Doctor Sayer, Mr. Lin-
5ard, cominoti serjeant of the city of Loniloo,
Ir. Bobifis, and iMr. Strange 4 atan ding near
' bim at tbe bar, the serjeant at at'ins made pro-
I ckmation as follows :
Serj, at Arms, Oye« ! Our sovereign lord
ithe king strictly charges and commands all
'f foanner of persons to keep silence^ upon pain
I Iftf im prison tneot*
Then the Serjeant at arms again made pro-
' cltmation as follows :
Scfj, at Artns. Oyez ! Wherea* a charge of
[ Bt^h Crimes and Miidemeanors has been ex-
! Iiibited by the tlou&e of Commons in the name
of Ihemselves, and of alt the Commons of Great
I Britain, against Thomas carl of Macclestietd ;
' alt persons concerned are to take notice, that
I )ie now stands upon his trial, and they may
[<»>me tbrth in or4er to make good the said
^Gilarge.
♦ Lord Maccletfield had in IflO succeeded
r]Boll at Chief Justice of the Queen's- heuch,
rfroro which he was removed to the office of
r Lord Chancellor in 1718. He was one of the
[managers in the Trial of 8acheverell, as to
vhich, see vol. 15, p. 1* Swift in his virulent
party pamphlet, *♦ The Public Spirit of the
7 higs/* Sec, imputed to lord Macclesfield, upon
I what foundation 1 know not, and probably
r6wift care4 not, that he had often drunk the
r abdicated king** health npon his knees. At\er
FSwiFl*sown conduct it required his shameless-
fmess to apply a charge of pnlitlcal tergiversation
* tn the reflection that *^ transition is natural aod
frequent."
As to statesmen who» having been active in
the impeachment of others, were themselves af-
terwards impeache«i, sc« a Nol« at the end of
^Gregg*ii Case, voL U, pp, 1894, 1395, 1396,
rand the duke of Wharton's speech in Atler-
liurv^s Case, p. 6Q1, of this volume*
For other proceedings relative to this Case
^hich were had in parliament, see the Eighth
Volume of the New Parliamentary History.
t In 1796 a Justice of H. R. ; in 1740 Chief
Baron of Exchequer.
; In 1736 ^hcitor General; in 1750 Mister
«?I
Tlien the clerk^assistant, by direction of tho
Lord Chief Justice King, Speaker of th* ' ■
of Lords, read the Articles of I mpenchn-i
earl of Macclesfield^s Answer, and the K^plia'
tion of the House of Commons, as folloifst ,
ARTICLES
ExKrilTED BV THE KnIGHTS, CiT|
AND BURGES$£S IN PARLtAMEKT
SEMBt£D> IN THE HAMS OF TttEl^
SELVES, AND OF ALL THE COMMOKS Of
Great Britaik, acaidst Tuomii j
£arl of Macclesfield in Maij^
TENANCE OP THEIR iMIPEACIilfiyT
AGAINST HIM FOE HlCH CkIMEI AllV
Misdemeanour,
Whereas the office of Ijord Chancellor o^
Great Britain is an office of the highest Sf*
nity and trust, upon the impartial and vmrn-
nipt execiition whereof the honour of lln
crown, and the welfare of the subjects of lliii
king«iom greatly depend : And whereas ThooNl
earl of Macclesfield, in or about tlie monlk sf
May, in the year of our Lord 1718, by the
great grace and favour of his most tMOtMt
mayesty, was constituted and a|HMiinted hoti
Chancellor of Great Britain, and did thereoptt
take the usual oath for the due ejteeation of nifc
high office ; whereby he did swear well tU
truly to serve onr sovereign lord the king, ifii
his people, {lonr and rich, aAer the laws sad
usages of this realm, and such other ottb
as liave been accustomed ; and the said Eiri
continued in this great office until abiit
the month of Jaonary, in the year of •or
Lrfird, 1724, and in right thereof was entrmccd
with the nomination and admission to the of-
fices of Masters of the Court of CbanocvT,
which Masters of the said Court are o^ofrtV
great trust sworn to serve the kin ff and bts peo-
ple, and associated to the Lord Cliaucellor for
his assistance in the due admini«trttioo iff'
execution of justice in the said Court: 9ti
whereas his majestv, upon the said Earrshtiar
appointed to the o£ce of Lord Chancelhir,di4,
of his grace and bounty, bestow upon thciAid
Earl the sum of 14,000/. or some other grKi
sum, and did likewise grant uuto George Pu>
ker, esq. now commonly caUe*l lord IVrta
eldefit son and heir apparent of tbe said £jiri,i
yearly pension of 1,200/. payable out of I*
majesty's receipt of the Exchequer, dnringtbe
joint lives of his majesty and the said J^
Parker, determinable upfin hiit majeaty^t nsak*
ing a ^nt to the said lord Parker, io w»«»*
•ioa of the office of one of the tellers of m m*
\
^ High Cnmes and Mudemmmn,
A.D. 1725.
im
fH Exehfqiier,fdr ilie lerni of hi^ natural
, mhkh office being of the yearly valtie of
l^c i/r upwards, has lM?cn since granted
I fn*festy tinlf) lUe saitl bfj Parker for
e, who III or nboni ihv nionlb oK Ji»Jy, in
! ymrof our LorrI 1719, was tinly adnitlted
" ihemanje; anH the saif!
i»f his coniinuifig^ Lord
vM' ,.i t^niain^ iti»l ooi only enjoy
I KalitrVf fee*, anii pioHts Monj^iof^f to
e, of a very fprt^ai annual Tulne, hut o!so
rtiiu^ t(T rrc^ivp un annual pvnsion of
wUwU \m n>i»jf^sty in nr ahnut Ihe
of Juni?, in lite ytar of our LonI 1716»
ante*! lo hini and his a^t^iifDa, during ht^
l^eMy'tt Itff? ; und <hd likowist? rcct^ivf* from
► cfown a fiirthrr nnnnifl allowance of 4,(XKJ/-
tithiT Bflvufltui^ps: yet the said
nai earl of 'VI.HC.If^Hrltl, not heing- sa*
1 witJi this tttrt.'r and ample revenue, nor
[tJinj^ ifie olfhijrtUon of his oath* or the
Flii^ iiiph and ini > NcCj htit enter-
' wicki^d aod c' _;ii!i and ?ie»va,
and pMcnie iM niiiixn excestite and
irhtn and profit, by divt^r^i unju$l
fUtnrr practirt^ and methods herein
rofiortt'it, M'hd^t tie continued in the said
Lord Cbuit<:p|lor» did tlleijally, cor*
tid cxtorsivcly take and receir*? to his
vatc u*jc the folloMrin^f, or aome other
Isoinsof tuouey.^
ARTJCLfi 1,
at ItlchanI Gwlfrey, esq. bating^ coti*
with %\T TlMinui« CJf^ry, one of the
i9 of the Coirri td' fhanraiy* for the
and uurrendtT of his office, f at
r of tt.OOOL or aome other crreit sum
tho. 'T- ' ' M --tes-
l hi' - of
FBritain, im- .^m. .... ai..M.->P.u. .>t the
Richard Goflfi i-y into the office of one of
»lrr» ot* ill** Courl of Clirtncery» did,
nrof ho "iKee of L<ntl Ctiau*:etlor» iUe-
Fcorrnptly, uod tfxtotsiiely insiU npon,
receive of and from the auid Richard
; tbr iiunt of tJIO/. or »otne otb^r sum of
J for the admitting^ him int^ such office
atter of the Court of Chaticery, and in
linrot that theiaid Richard Godfrey ahouhl
exercise and enjoy the same, which B»id
[^oi>cenrm(f the sale of Offices, see Pari.
'* for enahling
L-'.Hi..,^ ^ Gr**iii S^al» to
^Dtnccof l>ml C'ltancedor or Lord
fttui 1 "VVilli.iiii 111 I >liry, c. Q\f) a
the sale of the
, but it was re-
), iHarch g5, 1689.
ih _p in Ambrose Phil -
il« oil t' t lord Cowper, hy
lliat he — t ChHoceUor who
llhrN*'** hinh the cniiii-
lel bad till b(& to that high
office tnnches
and e:tecfition
Ihe -
Lonh: .
the sujd wRk'jd and comt|
suiince of some other bar .
US the adininistratio
I .1 ilic said Court ; an^
LIS earl of Macclestit'Idt beinjf
r\ in pursiiant^e and execution of
I, or in pur-
sceQHiniof
the same infamous and rot una naiufe, did ad*_j
mit and ii^e:ir the said Richard Godfrey mt
the oHice of one of (he Ma«i(ers of Ihe aaid
Cf^urt of Chancery, upon the surrender of ihe
said fiir Thomas Gery, in breach and t iolatioJk
of his oaih as Lord Chancellor, and of the ^preal
trii![it in him reposed, contrary lo the duly of
his office, and aj^aioi^t the e^ood add wholesome
laws and statutes of this realm.
AirricLE IL
That the office of one of the I^I asters of tha
said Court of Chsncfry beconiine^ racaot by
the deiith of 8amuel Brownini^, esq. one of the
late Masters of ibe baid Court; the said
Thomas carl of Macclesfield, whilst he con-
Itttued Lord Chancellor of Great Britain, and
before the ad mi ^^si on of James Lig^htbtjiun, esq,
into the «aid office of one of the Masters of ilie
Court of Chancery, did, by colour of his oftice
of Lord Chancellor, illegally, corruptly, and
eittor&iTely insist upon, lake and receire af and
from the said James Lii^htbouu the sum of
6,000/* or some other ^reai sum of money, in
consideration of, and for the adiniiiinnf hito
into such office, ami to the iittent tliai the said
James Ligbtboun should hare, exercite and
enjoy the same, which said office touches and
concerns the »dministration and execution of
justice in the .<raid Court ; and the said Thomas
earl of Macclesfield, bein^ I^ord Chanrellor, m
pura;uance and execution of the s^iid wicked »nd
corrupt bargraio, or in pursuance of someolhef
bamTn or agreement of the same infamotli
and corrupt nature, did admit ttnd swear ihf
said James Lighiboun into the odice of one of
the Mast-ers ot the saiti Court of Cliancery, in
breach and violation of hi;! oalli as l^ord Chan*
celior, and of the great trust in him reposed,
contrary to the duty of his office, and a;;Hitist
the goo<l and wholesome lawii aud staiuUs of
this realm.
Article in.
That John Borref, esq. havinf^ contracted
with John Meller, <sq. one of I be Ulasters of the
Court of Chancery, tor the purchase and sur^
render of his said odice, at the price of 9,0C>U/,»
or some other frre;il vntn of inoney ; the Msiil
Thoman earl
tinned Lord (
bf^fore tl.p .*'].
into iht:
Court ol
fice of Lord
And eittotsirti
uf and from ihit
L57!i/
adM,
ihc
'"' 'r»jfit.dd, wliiUt he con*
of Gr»^t Britain, and
: the said John Borref*
ne of the Matters of tho
, (tfd, by colour «>f Inn of-
1, illejapilly, forrupily^
upon, lake ai^d receive
id John Borrel tt » ^■M\<\ of
or *<\wf^ f»fher "vm of uionrir, fur th«
o of a Masrer of
and to the intent
771J
10 GEORGE I.
TruU of the Earl of MacelesfleUf
[Tit
cise and enjoy the fame, which laid office
touches and concerns the adminifttration and
execution of juKiice in the said Court; and the
said Tliomas earl of Macclesfield, beings Lord
Chancellor, in pursuance and execution of the
iaid wicketl ami corrupt barg^n, or iu pur-
suance of some other har^in or agreement of
the same iafaoious and corrupt nature, did ad-
mit and swear the said John Borret into the
office of one of the Masters of the said Court
of Chancery, upon tho surrender of the said
John Meller, in breach and violation of his
oath as JiOrd Chancellor, and of the great trust
in him reposed, coutrary to the duty of his of-
flce, and against the g;ood and whohiOiDe laws
and statutes of this redlm.
Article IV.
That Edward Conway, esq. having contract-
ed with John Orlcbar, esq. one of the late
Masters of the Court of Chancery, for the
purchase and surrender of his said office, at the
pnoe of CODO/., or some other great sum of
money, the said Thomas earl of Macclesfield,
ti'hilst be continued Lord Chancellor of Great
Britain, and before the admission of the said
Edward Conway into the office of one of the
Masters of the Court of Chancery, did, by co-
lour of his office of Lord Chancellor, illegally,
corruptly, and extorsirely insist upon, take, and
receive of and i'rom the said Edward Conway,
the sum of 1,500/., or some other sum of mo-
ney, for the admitting of him into such office
of a Master of the said Court of Chancery,
and to themtent that the said Edward Conway
should have, exercise, and enjoy the same,
tvhich said office touches and concerns the ad-
ministration and execution of justice in the
faid Court ; and the said Thomas earl of Alac-
clesficld,. being Lord Chancellor, in pursuance
and execution of the said wicked and corrupt
bargain, or in pursuance of some other bargam
or agreement of the same infamous and cor-
rupt nature, did admit and swear the said Ed-
ward Conway into the office of one of the
Masters of tho said Court of Chanrery, upon
the surrender of the said John Orlebar, in
breach and violation of his oath as Lord Chan-
rvllor and of tho great trust in him reposed,
fontrary to the dnty of hin office, and a^raiust
the good and nholesouie laws and statutea of
this realm.
Article V.
That William Kynaston, esq. having con-
tracted with William Rogers, esq. one of the
Blaviers of the Court of Chancery, for the
purchase and surrender of his said office, at the
price of 6,000/., or some other great sum of
I'Kmcy, the said Thomas earl of Macclesfield,
whilst be continut>tl L'ird Chancellor of Great j
Britain, :ind b(;t'ore the admission of the said >
U ifliam (vynaslnn into the office of one of the |
Mastrrs of the Court of Chancery, did, by co- |
lour of his office of Lord Chancellor, illegally, i
corruptly, and extorsively iusibt upon, t.ik*c, |
mud reccire of aad from the aaiu WiUian
kynaston, the sum of 1,575/. or lonie other
sum of money, ibr the admitting him into iudi
office of a >lasler of the said Court of Chan*
eery, and to the intent that the aaid WiUiaa
Kynaston should have, exerciae, andoyoy tht
same, which said office toucbet and coiwaiif
the administration and execution of justice in
the said Court; and the aaid Tbomat ctriaf
Macclesfield, being Lord Chancellor, im pur-
suance and execution of the aaid wicked and
corrupt bargain, or in pursuance of some olbcr
bargain or agreement of the same infamoM
and corrupt nature, did admit and swear ths
said William Kynaston into the office of onstf
the Masters of the said Court of Cbaooaji
upon the surrender of the said William Rom
in breach and violation of his oath as U
Chancellor, and of the great trust in him w
posed, contrary to the duty of his office, shI
against the good and wboJsome laws tad ili*
tutes of thb reaUn.
Article VI.
That Thomas Bennet, esq. having cootnd-
ed with John Hiccocks, esq. one of theMailert
of the Court of Chancery, for the purchase isi
surrender of his said office, at the price of
7,500/. or some other great sum of monev, the
said Thomas earl of Macclesfield, wbiw Iw
continued Lord Chancellor of Great Britain,8i4
before the admission of the said Thomu Ben*
net into the office of one of the Masters of tht
said Court of Chancery, did, by colour of Ui
office of Lord Chancellor, illegally, Gorro|illy»
and extorsively insist upon, take and receirerf'
and from the said Thomas Bennet, the snm tf
1,575/. or some other sum of money, for tht
admitting him into such office of a Muter tf
the said Court of Chancery, and to the intesl
that the said Thomas Bennet should hafe,exa'
cise and ei\joy the same, which said offioi
touches and concerns the administration sdA
execution of justice in the said Court ; and ths
said Thomas earl of Macclesfield, being hod
Chancellor, in pursuance and execution of thi
said wicked and corrupt bargain, or iu puna-
ance of some other bai*gain or agreement of the
same infamous and corrupt nature, did adisil
and swear the said Thomas Bennet into the of-
fice of one of the Masters of the said Court of
Chancery, upon the surrender of the said Jobs
Hiccocks, in breach and violation of his ostb,
as Lord Chancellor, and of the great trust in bits
reposed, contrary to tlie duty of his office, loA
agdiiittt the gooif and wholesome laws and itt-
tutesof this realm.
Article VI L
That the office of one of the Masters of tbf
said C'ourt of Chancery, becommg vacant hj
the death of William Fellows, esq. one of tbi
late.^Ia^ters of thesaid Court, the said ThoiM*
earl of Macclesfield, whilst he continued Lorti
Chancellor of Great Britain, and before the vk'
mission of Francis Elde, esq. into the sakl offioi
of one of the Masters of the Court of Cbaa-
eery, did, by colour of his office of Lord Chil*-
Jhf High Crimes and Misdemeanors,
A. D. 1725.
[774
tlJor, illegalty, corruptly nnd exlomirely insist
oo^ Uke and receive rit anil iVoni ilie sairl
Frtocis Eldpj llie aum of 5,250/ or some other
^reat sain of money, in consideration ofaod for
llie admiUmi^ hira into such office of a IVIauier
of the said Court of ChancrrVt and to ibe rti-
ient that the said Francis Elde should have^
^cierciue and enjoy the satne, which said office
cbes ami concerns the adirifnistratiort and
fectition of justice io the said Court ; and the
till Thomas earl of Macclesfield, imng Lord
Chancellor, id pursuance and execution of the
id wicked and corrupt bargain, or in pursu-
pce of some other bargain or agreement of the
ilnfainous and corrupt nature, did admit
r the said Francis Elde into the office
r of the IVfasters of the said Court of Chau-
in breach and violation of his oath as
I^Cbancellor, aod of the great trust id him
^ tf, contrary to the duty of his office, und
t tbegooifand wholesome Jaws and sta-
loftbbrealm.
Article VI 11,
That the office of one of the Musters of the
ttid Court of Chancery becomiJij^ vacant by
the death of John Borret, esq. one of the lale
Hutera of the said Court, who dtfd insolvent,
matly indebted to the suitors of the said Court,
the said Thomas earl of Macc1e«Belil, whilst he
continued Lard Chancellor of Oreai Britam,
trtthout securinjET a just satisfuctioD to the said
iuitors^ for tbeirdebts, and before the admission
of Mark Thurstoui esq. into the said office of
ooe of the Masters of the Court of Chancery,
did, by colour of his office of Lord Chancellor^
Mlegpally, corruptly and extorsively insist unoo,
lake and reeeive, of and from the said Mark
Thursloni the surii of 5,250/. or some other
mat sura of money, in consideration of and for
tbe admittini^ him into such office of a Master
of the said Court of Chancery « and to the iu*
tmcki that the said Mark Thurston should have,
cuerd^e and enjoy the same, which said office
touches and concerns the ailminislratiou and
exectition of justice in the said Court ; and the
said Thomas earl of Macclesfield, lieing Lord
Cbaocellor, in pursuance and execution of the
said viicked and corrupt barpiin, or in pui-sU'
0Dce of some other liarf(ain or aqrreeraenl of the
; infamous and corrupt nature, did admit
arthe said Mark Thursloji into theof-
Pone of the Masters of the said Court of
ancery, iu breach and violation of his otitb
(Lord Chancellor, and of the great trust in
bim reposed, contrary to the duty of bis office,
_iad against ihe good and wholesome laws and
[ii«« of this realm.
Article IX.
That whereas Tiiomas Bennet, esq. in or
about the month of Au^^ust, in the lOtli year
of bis majesty ^s reig^n, was po«se8^ of an of-^
flee in the Court of Chancery, called the Office
of Clerk of the Custodies, for the term of bis
life, by Tirtue of bis majesty U letters patents
mder the great seal of Gr^t Britain » which
office is AD office of trust in the said CoUrt^ in
the ifift and di<]H)«;al of the cro4%n by ifrant
undtr the g-reat seal, and conctrns the writio'jf
and making commissions lo enquire of ideots
anil lunatics, and (he process thereupon, antt
letters patents for the costOHfy of the Iwjdies of
ideots and lunatics, and the keeping, entering^
and transcribing^ orders, repoiis and ticcuuntu
made ami declared touching ideots and luna-
tics, and their estates in the said Court of
Chancery; and the said Thomas Bennet hav<
in g' agreed with Hugh Hamersley, esq. to re-^
sign the said office, in order to obtain his ma-*
jesty's royal grant of the saiil office to the said
El ugh Hamersley I the said Thomas earl of
Macclesfield, bein^ I lien Lord Chancellor of
Great Britain, did refuse to permit or accept of
such resi ^'-nation, until the said Thomas Ben-
net had ajrreed to pay unto the said Thomas
earl of Macdestietd, or unto his use, 105/. or
some other sura of money, as a consideration
for the same, and by colour of his office of Lord
Chancellor, did illegally, corruptly and extor-
sively insist upon, take and- receive, of and
from the said Thomas lieunet, the said J 05/. or
scmie other sum for and in consideration of tho
permitting and accepting such surrender of tha
said office, in order to and for the obtaining and
procuring a new grant of the said office to tha
said Hugli Hamersley ; and in [lursuance there*
of, the said Thomas earl of Macclesfield, then
being I*ord Chancellor, and one of the lords
justices of this kingdom, during his majesty *<
absence, did accept, or cause to be duly ac-
cepted, the reiiignation of the said Thomas BeiH-
net of the said office, and by his interest and re-'
commendation didoblain and procure his ma-
jesty's royal warrant for preparing and passing
nia majesty's grant of the said office, under the
great seal U> the said Hugh Hamersley for the
term of his life,* which grant afterwards, in or
about the month of September, in the 10th year
of his majesty's reign, did accordingly pa*Ts the
great seal, then in the custody of the said Earl,
for which all the usual and accustomed fees
were paid, over and besides the said 105/* in
great deceit of the crown, in breach and viola-
tion of his oath as lj*iril Chancellor, ami of tho
several great trusts then in him reposeil, con-
trary to the duty of his office, and agiiinst the
good and wholesome laws and statute! of thii
realxD.
Abticlr X.
Tbatthe said Thomas earl of Macclesfield
whilst he continued Lord Chancellor of Great
Britain, did illegally and corruptly ordain,
name and make divers other officers and mi-
n inters of his majesty « for gift anil brocage, and
did likewise illegally and corruptly sell diver*
other officeif, toucbmg and concerning ihc ad*
ministration and execution of justice in tha
Court of Chancery, to several persons, for di-
vers great sums of money, which the said Earl
* See the case of lUx v, Samuel Vaugbtn,
4 Bfirr. Si94.
I
775]
10 GEORGE I.
Trial qfthe Earl ofMaeelesfieUp
[T76
did receiTe from Um laid penons fo# their re-
f pectire admisMODS into such offices, and be-
fore they were admitted tfaereunto, and id order
that the said persoos should have, exercise and
ciyoy the same, in graft breaeh of the trust in
bim reposed, and of his oath as Lord Chancel-
lor, contrary to the duty of his office, and
against the Uwm and statutes of this reaho.
Article Xf.
That the said Thomas earl ef Haedesfidd,
whilst he continued in the office of Lord Chan-
cellor of Great Britain, in order to adtanceand
increase the illegal and corrupt gain arisinip !»
himself from the sale and disuosal of the offices
of Masters of the Court of Ctiancery , in viola-
tion of the great trust reposed in him lor the
care and protection of the suitors of the said
Court, who«e money and pffects were, by orders
of the said Court, lodged in the hands of the
Masters of the said Court of Chancery, did ad-
mit several persons to ih«f saiil offices of Mas>
ten of the said Court of Chancery, who, at the
time of such their adiniasions, were of small
substance and ability, very unfit to be trusted
with the great sums of money and other effects
of the huitors of the said Court, lodgeil in their
haniU by the orders of the said Coim ; and did
publicly, in open court, when be sat there as
Lord Chancellor, falsely repr«>seni the said per-
sons, so by him admitted to the offices of Mas-
ters of the said Court of Chancery, aa persons
of g^reat fortunes, and in every re8|iect quali-
fied for the trust reposed in them, to the mani-
fest deceit and injury of the suitors of the said
Court.
Article XIL
That whilst the said Thomas earl of Mac-
clesfield executed the said office of Lord Chan-
cellor, an unjust and fraudulent method waa
practiseil in the Court of Chancery upon tlie sale
of the offices of Masters of the said Court, and
upon the admissions of new Mssters, that the
prices or sums of money agreed to be paid for
the purchase of the said'offices, and for the ad-
missions thereinto, were satisfied and paid out
of the monies and effects of the suitors of the
Court depusitnl iu the hands of the respective
Masters, surrendvrinijf their offices, or dying,
either by way of retainer of the purchase
money iu the hands of the Master resigning, or
of replacing the money disbursed for such pur-
chase or admission hy the succeeding Master,
out of the money aud effects of the suitors com-
ing into his hands; by which practice the
price and value given upon the sale of the said
offices, aud admissions thereinto, durinif the time
aforesaid, were greatly advanced, and several
pemons of smsll sbil'ily and sul)staoce were
encouraged to contract tor the said offices, upon
a prospect of the easy method of paying for
the purchase of the wme, hy means whereof
great deficiencies have incurred in tiie offices
of several Masters of the said Court, admitteil
by the said Thomas earl of Macclesfield, which
they Lave not been able to answer and ibaI^
good ; and although the said praetiee was m-
torious and public, and the said Earl was well
informed thereof, and fully acquainted there-
with, yet the said Thomas earl of MaedasMd,
in order to increase his own unjust and roiinyt
profit in the selling the said offices, and the
admissions thereto (whir.h in conseqasnce sf
this evil practice was raised and reoetved by
him out of the effects of the sailors, lor whom
be was entrusted) did not at any time, wfailit
he continued in liis office of Lord dMnceioi^
use or take any measures to rdbm the mil
abuse, or to prevent tbp same, either by ca«»
ing proper aohed^iles to be ulmn of the noasy
and eflfects of the suitors delivered orer all
tranaferred, or by appointing any person, iaUl
behalf, to inspect or supervise the transfav
dehveriea thereof. Or m anv other manavi
hot on the contrary, the aaid Thomas eail il
Macclesfield, unjustly, corruptly, and <
to the duty of his said office of Lord ChanosHff
(to whom the superintendency of the said Mai*
ters, and of their accounts did appertain) did
suffer the said fraudulent practice to proceed
and be exercise<l without any controul orebctk,
whereby greaA embeszlements hsve been msdi
of the suitors' money and efiects, to their gimt
loss, in the offices of several of the MastMSsT
the said Court, who have not been able tasa-
swer and pay their res|»ective balances ovisf
upon their accounts, in breaeh of the trast ie<
|MMed in bim for the preservation of the eMsM
and effects of the suitors, to the dishonour asd
discredit of the said Court, and to the great ia-
jury and defrauding of the said suitors, in a
court of equity, establbhed for their relief aad
protection.
Article XIII.
That Fleetwoo<l Dormer, esq. one of ikm
Masters of the Court of Chancery, having en-
bezzled great part of the mon'«*y and efiecH
belonging to the suitors of the said Court, widi
which he was entrusteil by the said Court, aad
disposed of the same for his own private advai-
tage, by means where^if there became, and stiH
continues a great deficiency in that office, t»
the amount of 25,000/., or some other gvasi
sum ; and the said Fleetwood Dormer, baviag
absconded, uiid for some time absented bimseUv
application was made to the said earl of Mac-
clesfield, then Lfinl Chancellor of Great Bri«
Uiu, to secure the person of the said Fleetwood
Dormer, and to take proper methods for com*
polling the said Fleetwood Doraner to make
satisfaction to the suitors for the money and
etfecu which he had sd embezzled, yet the said
Earl, from an a|»preiien«iion that a public dia^
covery of the said defiiriency might lessen the
unjust gain lie proposed to make to himself, by
selling aud disposing of the said offices of
Masters of the said Court, ne.:lected andde^
dined cither to secure the penum of the sai^
Fleetwood Dormer, and his esUte and cftol%
or to make a pro|)er enquiry into the said deft-
oiency : but, on the contrary, the aaid JS«I|
whilst hn oontinned Lord Cbnnodlor of ~
for High Crimes and Misdemeanors.
A. D. 1725,
C778
Britaiti, did endeavour, by nmny mdirect prac-
, ii» conceal from the suitors of the Court
» true state and comJiiion of the said office^
lirdl tvith respect to the effects of tbc ««id
■tiirood Dormer, us to the debt due from
lt»e suitors of the Court ; and upon mo-
1 made io tlie said Court of Chancery (al\ef
said Earl knew that the Mid Fleetnotn!
' h>id &o Absconded) on behalf of ftome of
» syflors of the Court, to have tjieir tflects
wftrred from the said Fleetwood Dormer to
other MH'iter, for the better securing
eol", the said carl of Macclesllchlj (in order
etude the suitors of the aaid Court loto a
that thdr effects were safe, and thereby
CTeut a public ciiquir)') then sitlinjr as Lord
ineeMor in open court, did say, That the
pAitica nretl not be io baste; and did at
! same time fafsely and deceitfully declare,
"that the said Fleetwood Dormer was ouly gfone
take tlie air iu the country, and tlmt he
iikt return id a titUe time, and alt would be
, or to ihateHecl.
Aeticle XIV.
Iiftt the said Fleetwood Dormer, liaTing^ to*
miiM'action oH' the suitors of the%aid
ttrl, assisfned to Henry Bdvrards^ esq, fwho
'!<! him iu bis office of Master ot the
I Court uf Chancery) a debt of 2t,046/, 4r.,
^me other great sum, due fmra William
D, a banker, to the said Fleetwood Dor-
r, Io the itrient that the money re c fifed on
'"" Itberefif should be apptird and disposed
p said Court of Chancery should order
eet, the saiil Thomas earl of Maccles-
h\t nbilst he conimupd LonI Chimcellor of
It Hrituin, for the unlawful purposes tifore.
d, H ithom rcifard to the intt- rest of the said
«, by colour of bis offict- , did in an unwar-
de, clandestine, and iinasual manner, au-
direct, and establish a precarious and
J CQmpo*iition with the said William Wil-
, ujKm the terms of the said W Hliam Wil.
I's payin* |Jie sum of 1,463/. ^«. l;^.. and
igninif 10,000/., part of a debt of 22,0<>0/.
bd., prt>tenfle<l Io be dite to the saiil Wil-
Wilsou from Edwanl Poulter, or to ihat
Ct, in discharge of the aaid debt ; and to iliat
d, upon the rtport of Jolm Hictocks, esq.
one of tbc Masters of the aaid Court,
bout any attendance onlert'd or hnd there -
n, and withuut notice lo ihe said suitors, did,
ft privite ordi r not modo in open court, onlpr
isabJ Hen^y E<lwards»to accept of the said
Uposiiioit, iu full ilischart^e uf the said debt,
*aid Edward Poulter was a person in-
nt, and has since absconded for dpbt, and
or but a very small part of the said
lOOU/* has been, or is ever likely to be re -
Abticli XV.
rhftt the aaid Thomas earl of Macclesfield,
St be continue*! l>ord Chancellor of Great
ilaii*, to carry on his corrupt and unjust pnr-
f And to cmicdfti the delicrency that was rn
the office of the said Fleetwood l>nrmef,did, in
or about the month of February, in the year uf
our Lord 1750, order the sereral Masleis of
the said Cmut of Chancery to briug- in their ac-
counts of the cash, effects, and securities in
their bands belong-injj to the suitors of tbft
Cuurt, not nith a desiirn of examining their ac-
counts, or securing the estate and effects of th^
suitors, but wilh an intent to terrify the said
Masters, and thereby obligee them to contri*
bute K-reat sums of money towards axjswerin|f
the demands tliat should from lime to lime b6
made upon the said ofiice ; for which puit>os6
he the said Earl drd at several limes represent,
or cause to be represented to the said 1\] asters^
that if they refused so to do, the money and
effects of the suitors would be taken out of their
hands, amJ the said Masters deprived of making
any profit of the same;* by which practices
the saiil Earl, beinif then lAitd Chancellor of
Great Britain, by colour of his authority, did
pe!n*itade and induce nine of the Muj»ters'of the
said Court of Cbaucery, to yny 500/, eiich for
the piJr(>ose« aforesnid.'aei'eval of h bom paid
the same out of the money or eftects* of the
suitors in their bands ; but after such pay-
metits, the said Thomas earl of Micdestieid
did not oblige the said Masfers to deliver in
ihetr accounts in pursuance uf such bis said
order*
AaTtcLE XV r*
That Elizabeth Chlttv, widow, hatingr ob-
tained an order of the tourt of Chancery* on
w about the 17tli day uf ]\larcb, in the lOtli
year of his present mojesty^s reij^^n, made by
the said Thomaa earl of^Macclesfidil, then
Lord Chancellor whereby Henry EvI wards,
esq* one of thti Masters of the sa'id t)ouri of
Chancery, who succeeded Fleetwood Dormer,
esq. in the said oHice, was orderi^d to pay liec
the sum of a,O0O/. part of the sum of 10*000/.
ur other great tsum of inont'y, ft>rmerl} paid
into the hand^ of the said Fleetwmirl Durmer,
as a Master of the said Coufl, and by the said
order mentioned to be then in the hunds of the
Kiii«1 Hi^nry Eil wards; aud the i-aiil Htiury
Ed wHrds fMrnipIainin^ to the said Ear), thai
the mukins^ unlers upon him to pay money
which had been received by tlie said FI«*Llwood
Diirmpr, was a vpry jfreat burdship upon bim
Ihe Muid Henry Edwards, in re;^ard he bad not
any muney or effecU in hi^ It^uds to answer
SMt'h deuiundu ; ibe siiid pari of Macclrsfield,
beiikg^ then Ijort) Chancellor, in furthi^r prose-
* As to tbi? pracrice by public officers of
mn kin*? interest of money, of which the ctJS»
tody Is eulrusttrd to them, a« sucli officers, see
the" statutes 22 Geo. S, c. 81, 23 Geo. 3, c. 50,
aud the debates which took place dnnu^ their
pro^ifi'css through tlie Houses of Parliament,
the Case %}i L'ird Melfille, a. d. 1800, aud the
debate in the House of Commonn on Juni!
19tli, 18 IS. 8ee. ioo, some debates which oc-
cui retl in that House concerning the buaine
ofMi'Ssrs* Powell and Hcmbndge^ a. o. 1785.
779J
10 GEOllGE I.
Tritd qflhe Earl ofMacdegfidd,
[7S0
cutioD of his unjast and corrupt purpoies, did,
by colour of his authority, endeavour to pre-
Tail with the Masters of the said Court of
Chancery, to raise the said sum of 1,000/. out
of their effects, by rcprescotiuf^ to them, that
a discovery of the de6oiency in the said office
mij^ht occasion a parliamentary or public en -
quiry into the nature aud condition of their
offices, aud hazani the forieiture of the same,
by reason of their having bought the said
offices, contrary to. law, which the said Earl
then declared would affect him, but themselves
much more, or to that effect ; bvt the said
Masters refusing to raise the said sum of
1,000/. the said earl of Macclesfield did order
his secretary, Peter Cottingham, esq. to pay
the said 1,000/. ; who in pursoance of the said
Earl's directions, in or about the month of
JulVf 1724, did pay the same to Ascan Chris-
topher Lochman, for the use of the said Eli-
Kaoeth Chitty ; and the said earl of Maccles-
field, upon application made to him by the
said Ascan Christopher Lochman for payment
of tiie said money, did acquaint him, that he,
the said Earl, had given directions to his secre-
tary for payment of that sum; but at the
same time dechired to the said Ascan Christo-
pher Lochman, that he, the said Earl, believed
this would be the last |)ayment she was like to
receive cut of the said money paid into the
hands of the said Fleetwood Dormer, for the
residue thereof was in gi-cat danger of beiug
lost, by reason of the deficiency in the effects
of tho said Fleetwood Dormer, or to that effect.
Notwithstanding all which proceedings, m
this and severalother Articles mentioned, upon
a motion made in the Court of Chancery be-
fore the said Thomas earl of Macclesfield, then
Lord Chancellor, on or about the 5th day of
December last, in a cause there depending
between Jane Harper, ])laintiff, and Thomas
Case, and others, defendants, relating to the
sums of 260/. or some other sum, deposited in
the hands of the said Fle«etwood Dormer, be-
fore his absconding, and which was then ap-
prehended in great danger of being lost, the
said Thomas earl of Macclesfield, then sitting
in court as Lonl Chancellor, did publicly,
falsely, and deceitfully declare, that he had
beard there was a deficiency in the office of
the said Fleetwood Dormer, but that he, the
said Earl, knew nothing of it, only as public
news, or to that effect; and thereupon did
order, that the said Henry Edivards should
examine in what manner the said 260/. was
deposited with the said Fleetwood Dormer,
and whether there was likely to-be a loss of
any money deposited with the said Fleetwood
Dormer.
Abticle XV I r.
That notwithstanding the said earl of Mac-
clesfield well knew that there was a very great
deficiency and loss by the failure of the said
Fleetwood Dormer, and tliat the said Henry
Edwards, his racceasofi bid not tuflkimt m
his hands to pay the whole money doe to tiw
suitors of the C^ourt, that had been reca? ed
by the said Fleetwood Dormer on their ae-
<x>unt ; yet the said earl of Macclesfield, bciag
Lord Chancellor, in order to carry on his lo-
just designs of concealing the said defidency,
and to prevent any public enquiry thai might
arise from the just complaints of the suitors of
the said Court, did, from time to time, in ma-
il ii'est and wilful violation of the trust reposnl
m him, make ord^ on the said Henry Eil-
wards for payment of the money belongiiig to
several particular suitors, which bM MCi
lodged in the hands of the said FketwsJ
Dormer; in obedience to which ordera asiml
sums were paid, without regwd to, orcMi-
deration of, the proportion which the lai if
the suitors were intitled to out of the rfbdi
of the said Fleetwood Dormer, whereby Hvy
of the said suitors lost the benefit of their yi^
poitionable share, to which in justice they em
entitled.
Article XVIII.
That the said Thomas evl of MaecMdd,
notwithstanding that he very well knew, mk
was informed that the Masters of the aid
Court did, or that it was in their power, fnoi
time to time, and at their pleasure to diipM
of and emplo^r the money and effects heloof-.
ing to the suitors of the said Court, wbin
were entrusted with them respectively ; ind
more particularly, that the deficiency apfcv^
ing in the office of Fleetwood Dorner, m^
one of the Masters of the Court of CbaMTfi
was chiefly occasioned by his, the said Fleil-
wood Dormer's having taken upon Umttf
unduly to dispose of and employ the XBMtf
and effects belonging to the suitors of the mI '
Court, which were entrusted in his hands; aii
notwithstanding that, soon after the aud FMf
wood Dormer became insolvent, it was repR-
sented and proposed to the said Thomw smI j
of Macclesfield, then Lord Chancellor of Oral
Britain, in order to prevent for the futore ss/
losses that might happen to the suitors of tM
said Court, Uiat the several effects and M"
curities belonging to the suitors sbouM hi
placed out in sucn manner, as that the povtf
of disposing, employing, or in any na&atf ,
trading with the same, might be totally taktiV
away from the said Masters, for the effeetiflC.
of which just design, a particular method w4.
laid before the said Earl ; and it was also fs^t,
ther proposed, that the said Masters sboidk
give some reasonable security to answer Ihi^
balance of such cash ss should, from tioie ^
time, be in their hands ; and notwithstsodni^
the said Earl was credibly informed, thst tf^
sufficiency of some other of the said MsMK
was very much suspected, yet the said Thiv;
mas earl of Macclesfield, whilst he was \i^
Chancellor of Great Britain, contrary to b^Ji
duty of his office, and thereby pi^ponBfJJj
make unlawful gain to himself by the ^kf^
and sale of the offices of Masters of the «
Court of Chancery ; and in order to ieii
peraoDi to give him, the nkl Barl, • gni^}
:;n»fftf ana
urmednors.
i or rewnrd for tbt^ir betng; atluiittef) to tlie
, (ltd not require at detnand any security
tocYer to be i^iven hy any ot the sqiiI
Masters, upou their being ailmitlecl t^ their
Qliic€S, or at auy other time; anil the said Earl
with the same corrupt view and intention, and
Ici kee|> up the price of the said offices, totally
Se^lected to enquire into the accountt of the
, fud Makers, and did fraudulently, ut)justJy,
iod in breach of the trust reposed in bimi per-
nt and encournge the Masters of the said
VOft, to employ and traffic with larg^e sums
' luaiiey belonging: to the suitors of the said
l^auTty and to make interest thereof for their
I»wt4 unjust gain and jirofit; and the said Earl,
Her such proposal made to him, as aforesaid,
rmtaoy other lime> during hia continuance
t tbesaid office, did not take any care that the
KToctji of the said suitors should be placed out
iiuch manner, as to prevent the Master:^
tratficiojf therewith, or that the said
laslers should giwe such security us was pro-
by means wliertjof jfrcai delicieticiesy
fbe amount of many thousand pouad^^
ftte been, throti^ft such default of the said
'art, occasioned m the offices of several other
f.lhe Hiisters, to the great loss and injury of
B iOJtori of the said Court*
Article XIX,
That whereas his most sacred majesty, out
this latherly gooduess to his people, did^ in
rabooi the mouth of Not ember last, direct
loiquiry to be made into the accounts of the
tiers of the said €f>urt of Chancery, to the
nt that proper methods mturht be taken for
be security of the suitors of the said Court;
said Thomas earl of Macclesfield, being
Lord Chancellor of Great Britain, and
of his miyesty*s most honourable prify
ucil, in order to obstruct the same, and to
Ivetcnt a parliamentary enquiry into the state
^DiJ cQoditioo of the ofbces of the said Masters,
h of the sereral great trusts reposed in
gire advice and encouragement to
» Masters to assist and supply each other
itb money and effects^ and did represent to
•aid Masters, that it would bo for their
oaour and service, to appear able and suffix
at» and that, if they mide a bold stand now,
might prevent a parliamentary eaquiry, or
tbal eB'ect* and did persuade several of
to mnke false representations of their
astances to his majesty, by adding a sub>
^eritition to their respective accounts delivered
to the said Earl, to be laid before his majesty,
~ f the effect following, (vh ) That they were
bie to answer the tuoocy and securities tn their
ands, and were willing to pay the same to
t%iich persons as were entitled thereunto ; al*
" nugh the said Earl knew, or bad good reason
believe, that several of the Masters were
tk^n able to answer the balance of their
nor are they yet able to satisfy or
ke good the same; and when the said
ers were aftervrarcls recjuircd to produce
Ijip cmmU aad cOeists of Llieir suiton in tiietr
hands, some of the said Masters, according to
sucb advice and encouragement given by the
said Earl, did supply others of them with cash
and effects, to make a false shew and appear*
ance of their ability and readiness to answer
the balsDce of their accounts.
Article XX.
That the said Thomas earl of Maeclesiieldtt
whilst be continued in the office of Lord Chan-
cellor of Great Britain, in breach of the trust
reposed iu lilm, atid contrary to the duty of
his office^ ^td, at several times, borrow and
receive of some of the Masters of the said
Court, several great sums of the money be-
loBgiog to the suitors of the said Court, de-
posited in the bauds of such Masters, ami did
make use thereof for his own private service
and advantage, so long as he had occasbn for
the same.
Article XX f.
That the said Thomas earl of ]\racclesfield,
whilst he continued Lord Chancellor of Great
Britain, did in an U legal and arbitrary man tier,
ej[tend the power and authority of Lord Chan-
cellor, and of the Court of Chancery, beyond
their lawful and just bounds, and did arbitrarily
and illegally assume to himself, as Lord Cbaiw
celior, and by colour of office, tin unjust and
unlimited povver of dispeusiug with, suspending
and controuling thestBtutCBof this realm, made
fur the security and preservation of the estates
and propertiesof the subjects of this kingdom,
to the great opprcsnitm of the suitors of the said
Court, in subversion of the laws and statutes of
this realm, in manifest breach and violation of
the rights and liberties of his majesty's good
subjects, and of his own most solemn oath, as
Lord Chancellor of Great Britain ; and more
especially t when Francis Tyson, et-q. deceased,
being seized, and possessed of a real estate of
the value of 3,000/. per annum, or some other . I
{Treat annual value, did, by his last will and
testament in writing, duty executed, in or about
the month of October, 1717» give and devis«
atl his said real estate to the child his wife was
at that time enselnt with (if sucb child should
be a sod) for his life without impeachment of
waste, with remainders to the first, and other
son*$ofthe said infant in tail male, and did like-
wise, by such will, expressly uomioate and ap-
point his said testa tor^s wife, Rachel Tyson, to
be the guardian of atl his children during their
respective minorities, if she should so long
continue a widow ; and tbesaid Francis Tyson
soon after died, leaving one daughter, and the
saiil Kachel, his widow, with child, alter whose
decree the said Kachel was dehi?ejt;d of such
child, being a son, afterwards named Fi-ancis
John Tyson, in whose right, by virtue of the
said will and of the statute made in the l£th
year of the reign of king Charles the second,
entituled, " An Act for the taking away the court
of wards and liveries, and tenures in capite, and
by knights service, and purveyance, and for
seltbng a revenue w\iQm Vsiw \x^i^«»X^ \\!k \\^^ i
783j
thereof;
10 GEORGE L
Trial of the Earl of Macckyiddt
ttieteor; ' the SAid Rachel Tfsoii did l&^Tully k of MaoclesfieM, wheo siliiwiii ibe Oiuit
take iota her care aod cujitody her sjiid infiitit I^rd Ch^incellor, liiff not omf pefsbt b
•OD, and th& t.*^tate $o de vised to him, or was his apfioiniment ot ttie * ■ - - ^
ivilling^, and eiulttavuured so lo do, aud to un
dertake the mananrement of his aairl lands
ftnd tenements for his beat advantage, and de-
meaned herself iheretu^ without any mi^h^^
baviour ; yet the saiil ThaniHK earl of Macclc-t-
fiakd, being'then Lorri Chaucellor of Great Bri-
tain, nmler colour of his olfice and authority »
did, hy gevfnil orders uiOife by him in the
^ mouihs of Jaiuiary and Fel>ruary, in the 5th
'> year of his nmjesty^s rei^o, or iii one of them,
[nIvgaUy nod arbitrarily, and in direct cnntra-
Ventionof ilie staittbe made in that hehalf, re-
l* move and eicclude the said Rachel Tyson, the
firuardian of I he «sjd infant, and also John
Nicholas, esq. (a person of" good 5ubstatjce and
mbiltty, rtomi noted by the said Rachel Tyson,
to be receiver of the rents and profits of the
said infant's estate, and approved by Robert
Holford, es4|. oae of the Masters ot the said
Court, and tbr that purpose, who had ffifeo
sufficient security for the due execution ot his
aald truKt) from the management end rect^iver*
ilitp of the said inlarit\s estate ; and did, by
■ucli orders, ouduly and injuriously tioitiinate
aud appoint RoW'i-t L>uyley, esq. a creature and
confidant of hh oivn, and a person atto;rt;ther
unlit and i]n4)iinliliod for so great a trust, t<» be
receiver of the reiita and profits of the said
infant's estiite, and to have a salary ior the
sunie, with a power lo (et such part of the said
estate, as waa or should become uotenanteiJ,
with (he apprribation of the said Robert Hoi-
ford, altbou|ib liie said Rachel Tyson did ex
pressly object unto, and oppose such appvint-
ment of the said Kt»bert Doylevt and did insist
to liav e the benefit and exercise of her right id
that res|iect, as the (guardian appuiotetl and en-
trusteii by her late husband ^ atid the said
Robert Do}'' ley, aHer he was so admitted into
the said receivership, did tor several years re-
ceive the rents aud profits of the said infant's
estate, to the uuiunnt of alnjut 10,000/. or other
great sum, and tn his hie- time did eitifiezde
and convert to his own uf»e great (iiart thereof;
and in or about the mnnth of November, 1732,
died in^lveiit and indebted to the 9a)d infant
and his estate, in the siini of 2,(K)0/. or other
great sum, u|>on the balance of his account, no
part whereof hath hitherto been satisfied or paid ;
and the said Thomas earl of Maccleaitc Id, in
faftlier abuse of bis power, and in conteoipt of
IIm laws and statutes of this realm, when upon
dehaie of the tuatter in (be said Court of Chan*
€ery» before the said £art, bein^ then Lcird
Chancellor, in the ntonth of January or Fe-
bruary, in the 5ib year of his majesty^s reiflfn,
or in one of thctn, it was insisted upon in be-
half of the sauJ Rachel Tyson, hy her counsel^
of great ability and eiperi#rnce in the said
Court, that such th« proceedings of the said
£arl, as Lord Chancellur, were a reviving the
power of the Court of Wards, and were not sup-
fiartGd w warrinted^ hy any prec42di'ut in the
Coiitt •/ Ghaoocry^ ha ib^ aaid Thomag earl
p(«ointment of the said IvAb^rt DoUiy,
but dul aNo arbitr:irilVf aiwl io dcfhisrr of the
said goo4i and benrftrial statute, t»\
in open Court, tltat tlieu he ivt>ui«i
cedoot in that itmta nee, or i»e the aiud i
claretl and ex[M'esscd him^teif to ihat
which aciiuus, pr«>ceeihngH, atid dedarattjoj
of the said Karl, have heeu and wefaontott]^
very injurious aod prejudicial to the riifW lai
interest of ttte said Rochd Tysot), as ^aHki,
and to the {^reat damage and loaa of th^ iofaV
Francis John Tyson, aod a uotorioua
uf properly, but were also a dang^roaa
of dlegal and arbitrary po»'er, lo the
tioQ of the laws and constitution of this
in manifest breach of his oatli as L#ord
ceilor, aud in j^reat abuse of his authonry-
And the said Knights, Citizens, aiiil
8:ess«s, by Protestation, saving to theaiiaM
the liberty of exhibuing, at any liiue he/rallir,
any further Articles, or other Acctiaatiaii •
Impeachment ai;aipst tlie said ThoiDaaiiilit
Macclt^tiefd, aud alsio of replying lahk ia*
swers which he sbaU make uolo tba atid Ar-
ticles, or any of them^ and of oflfenag pr«tf »
all and every the aforesaid Artidea^ aod laiA
and every other Articles, Iinpeachtneol|Or Ac*
cusation, uhich ihaU he exhibited by tbent, ii
the ciise shaft, acoordmg to the course of pir-
liament, require, do pray that the aaid ThvmB
earl of Maccteslield may be put to answer tit
said Crimea and MrsdemeanonH atid lliatiMli
proceeding exatninations, trials, and jnd^
ments, miiy be Ihereupoo had and
are agreeable to kw aod justke.
3
Thk Answer ov Thomas EA&t or
Macclesfield, to the AETieLE^Sl'
HlBiTED BY THE KkIGHTS, ClTlll3P»
AXD BuitCESSES IN PARLIAMENT A^
SEMBLBD, IN THE NaME OF TlttM*
SELVES, AND OF ALL TH ^
OF Great Britain, in Ma -ci
OF their Impeachment AOAiyir
HIM, FOR High Cuimbj and Mi»5^"
MEANORS, SUPPOSED TO HAVE 9^X9
BY HIM COMMITTED.
The said £tr1, safing to himself all .
tage of exception to the said Artksle^ wU^
not being prejudiced by any worda oriitnlrf
form tu tlus his Answer, and ajao tafiiif **
himself all benefit aud ailraotage of tbtAti
for the king's most gracious, General, aod frBf
pardon hereinafter raeiiiiooea, and aM rilfal*
and pririlegcfi belonging to him aa one m ttf
peers of this realm, tor atiswrr to tlieaaid
oles saith, That he, hartng for sereral
executed tbeotfice of Chief Justice in the
of Kinj^V bench, his majeisty, of hin
grace and farour was pleased, the lOlh
of March, 1715, to advance the said bV ^
the dii^nitj of a peer af tbia realmi and tntlv^
afi»*»
idiHi*
1
^/&f High Crimes and Misdemeanors* A. D, 1725. [7S0
1 1i«mQ of Alacd^fieltl ; iimI, iq regard to i laid £&r1| aod {he same waa received by bii
cir<Gitiiijitot>c«3i at tbut iim«, was further aecot^liitgty ; and the nM Eait doiti like^^i
l» for tli« brut^r KUppon ofUi»t boDrmr, wltb tUe^feaiest (^raiituik', (iu»p lliiii uti^iut tli
i to tl)'- ■■' '-' u J the peiisirm of l^'iQOL \ Mtkme time, bis said «on bciug tbeu of a ji»"o|j<
( atinani, rlf% turutioned, payabk ' a^e, atid dfsirous to ^^o abruud, in iruvel, b
>!• f\m:r ; and bis ma* ^ iivnje^ly wasplcai^td tu gr;iiil (<i ibi' said Georgi
-ed to declare bis Purker the )'t^arJy pervsiou (^t* t^^OQ/ pn^ubf
^ 1 be taid Kurl^s only out ot'tbe receipt <dtitei'l.\idif(iuer, dtiriiiyf tbi
oqyfi* 4*jirker, tor Ins life, au office of joint b?e» of bis m»»jfsiy and th*? said Cieorj
dde prrt^it, wht'n a proper opnortuniiy I Pnrker, del eriuin able upon bi^t ninjestjf
** - tlmt in ibe bt-tfinidftjr of May, in | gmrtting to bim» tbe fcaid Georjje Parker,
M oir<ri
&r 1718. lie the said ElltI, vvaii, by ins
r«l^'i^ grettt j^race and favour, appointed
CiiMlictfllor of Great Britain^ mid vras
|ielbre bis ronjcsity io cotincil tJie four-
"ly of that month* whtfii the toUowiri|^
: tbe usual oat b of Lord CbaticeUor»
Bioifilered to bitti, yIz.
fiwcar, that y«5a sliall well ant!
tTe our sovercigT) hrd tlie king', aiid
i|40ple« in tbe o6iceof ChnnceUor of Great
ntaiu ; aud yott rliall do li^ht to aH rnaoner
0|i*'- ' ■ , . i' I ' ' ' ' ■ ntiJ
be ^U'!!J;, ''urii Ill's rriiii]i.ii \im sluan liiill
• tad keep ; and you shall not know lior Kufler
ri or di^titrjiioff of the king* or that tbe
of the crouii be decrtated by any
f as fill forth as you may kit, and tf
ly not I ell it, you sbaH make it clearly
pr^Sfity koov^n to the king, Hitli your
rice and cuunstd ; und that yaa &ball
purchase the king^s profit m all that
id I whteb you sball do to llie beat
;Il and kuo^ledgii.
* As* God sball help you/
ad liie said Rarl at itie same time took tlie
t ofallej^rinfiteaod !>uj)K'macv, but no oath
I^Sc^ besiti /, ihut above Sft forth ; and the
t fc- 1 nit, that, dmiogr his coiiliiiu-
iffice of Jxird Chancellor, be
) enjoy the Uj^ual ivalary, ives^ and profits be^
; to such office, which, he says, are of
eh Wm annual valne than they are generally
l^h«Mieiri>«) esteemed to be; and that bis
r waa pleased to grant him tbe sabiry or
i of 4»000/. per annum, in tbe Articles
f1;*v-r - -Tirh time ua be should con-
i\m \ ellor; but lliesnme issio
btiM*i ,.,., ocular HI tbe case of the
p^t (as tbe said ArtielcM woubl insinuate),
U oo otjjtrr than v^bat hath been for
intly i^ranied to and en-
^Hon* in tbe said office ;
I Mid Eaii tlodi likewise admit, that lits
did of bis royal grace and bounty,
ftarrant for puymeut uf tbe sum of
. mentioned in tbe M»id Ai'licU>s, to tlw;
r), out of the rici^ipt of tbe Exclieiper,
JH^OOOl, was the cooBtant usual allow-
klh« crown lo tlie Lord (Jbauccllor
tt for Ittii towards the czpences
la the laid ofTicc ; and tbe rest-
4 14»0U<J/, orar and atjovc the
mm Mttd daducttuns upon payment there*
FJttaitiajcaty*! royal lounttl^irnct to tli«
XVJ
possession or reversion, tbe office of one of ili
tellers of the Exchequer, fur lile, and his com^
in^ into tbe actual possession thereof, au '
which the said Earl bkewii^e admits bnii l^eil
since granted to his said son, and that be cauifl
iutu the actual possession thereof in or about
Julv, 1719, whereby tbe said yearly peusiou
is determined ; and tbe said Earl saitb, that
during bis continuance in the said office of
Lord Chancellor, or at any other time^ he nerer
once had a design, or view, or wish to raise to
himself any exorbitant gain or profit, much less
used, or ever iboujTbt of using any m^just or
opprefcfiire methods to extort or obtain any sum
nbatsoever, as in tbe said Articles issuggested,
but sucb views ami practices are inconsistent
with the whole tenor of bisltfe and actions ; and
in case it shull be thought proper for the said
Earl lo lay before your lordships an account of
his estate and fortune, and of tbe cooaiderable
sums of money be has distributed for the relief
and support of others, it will appear that be la
not such a designing, avaricious, and oppres-
sive man, as in tbe said Articles be is repre-
sented ; and tbe said Earl bumbly hopes, that
bo shall be allowed, in this bis Answer, to dis
tinguish between acts tbemselfes, and the ia4
fisrence^ drawn from them by the said Articles |
and tliat, whenever he admits any fact, be maji
not be understood to admit Uiat sucb fact was
by him done or committed upon sucb rootivesp
and with such designs, or in sucb manner, as
is suggested in tbe said Articles ; and with Uiis
reservation be answeretb, as follawelb : By way
of general Answer to such of tbe said ArttcleSg
as relate to tbe making any preseot by persons
admitted to the office of !Vlasters in Chancery ;
tbe said Earl doth say, that the same bas been
long used and poetised in the time of bis prede-
ceasora in the said office, and that such pre-
sents have been reckoned amongst tbe ancient
and known perquisites of the great seal, and
the making and accepting thereof has been no-
torious to all tbe world, and never before looked
upon to be cnminal, or complained of as sucb i
and tbe said Eurl humbly hopc^, that the gif«^
ing or receiving ot^ a present on sucb f»orasti>i
is not mmioal in itself, or by tbe common lat«
of this realm, and that tberfi is not any act (
{mrliiimcnt whatsoever, by \t bich the Siime j
made criminal, r Smcn
or judgment^ w . pro
sedition; and tm . ...^jf
obliged bumbly to !
ships, not only in bi
dic4itiou of tb« honour of so many great andl
SE
787]
10 GEORGE L
Trial of the Earl qf MacdesfteU,
Keel lent men, who have beeti hit preJpcei-
or« in the said ofBcCt and have all along done
ianie, for which the said Karl h nuw com-
plained ni\ and of others having' been Liords
Chief Justices of the liing:'s-hencli and Cotn-
mon PleaSf Masters of the liolfs and other
Judc^eSf ** ho have likewise received prfscnts in
money, upon (he admission of the aercral and
respective officers under them, in «e?eral courts
of justice I and who, the said Earl ia assurett,
never apprehended themselves to heguillyof
any crime a^inst any the good and whole-
loroe lawi or statutes of this realm.
K ke. To the First, Second » Third, Foartli,
Fifth, Sixth, and Hcveoth Articles, the said
Earl further salt h, Thai ton<r ht fore the '2%ih
of Jnly, 1721, he did admit and swear Richard
Godfrey, James Lighlbouu, John Borret, and
Edward Conway, esc|uircs, into the offices of
Masters of the C*nirt of Chancery* and every
one of them did freely and volunuirily, and *)f
tltE-irowrn aceoni, as former I\ I asters had dottp
to the predecessors of the said Karl^ send lo *he
taid Earl a present upon occasion of their re -
apeciive admitlaftccs uhicli the said Earl ar-
Cepled ; and that afVer the said 24th of July,
17*21, he did admit and sviear William Ky-
nuKton, Thomas Ben net, and Fiancis Elde
into the officts of Masters of the Court of
Chan^cery; and saith, that every of the said
persijns last named, did freely and voluntarily,
and of their ovrn accord, in hKe manner, ^nd n
present to the said Earl upon occasion of tfieir
respective admiltauces ; but saith, That, it
being pretendtHl hy the said Kynaston and
Bennet, that they were by such presents dis*
abled trom aoNw cringe so much of the money
due from thtm to the suitors of the Court, he
the said Earl did aft er wards, and before the
ito^ieachment, di liver the present so sent him
hy the said William Kynaston, being 1,575^ ;
•ud also the present so sent him by the said
Thomas Bennet, heiufy the like sum of 1,675/*
into the Court of Chancery, in open Cotirt, to
be ap|dfed for the bent^fVt of the suitors, ae the
Court should direct, and that the said Earl re-
tained of the present so sent him by the said
Francis Elde« no more than the sum of 1,85^/*
Viir To the Eighth Article the said Earl
further saith, that in July last the otlice of one
of the Masters of the said Court became vacant
by the death of John Borret, esq* who died in-
testate, hut whether solvent or not, he cannot
aay ; but upon notice of bis death, the said Earl
did at first desire Richard Godfrey , esq. one of the
Masters of the said Court, who had been very
wellacrtuainlerl with the said Mr. Oorret, and hia
«ifairs, and aftervFards the said Air* Godfrey
•nd John Bennet, tjsq., another of the Masters
of the sM Court, to enquire into his eifects,
aod to take what care they could about the
■ame ; who,iiner some enquiry, informed the
■aid Earl, that they believed tliere would be tio
detieietkcy ; and secured a considerable part of
the eflecw of the said Mr. Borrct» and entered
a proper caveat in the Prero^tire Court, to
prevcut adtiiinibUaUoa hem^ granted to any
{lersons who might embezzle tlie aaid
estate ; and allerwnrds, at the re^
■aid Earl, proceeiled so f*ir, as to •
teoce in ttie said IVen^Lf^i^tive Cotnt,
mlnistr&tion to be grnnted lor the bene'
suitors of ihe Court, to them, ihe
Bennet and Mr. Godfrey, ^hich was a^
wards, upon Iherr wavinj; thereof, graoi«d
Mr. Paxton, as the said Earl belierea ; ^tilt'
said Earl thought it proper and oectfasir^ j
admit another Master ia his place, to cam* I
the business of the Court, and to be entitled]
demand the elTects of the suitors from the i
presentattve of the said Mr. B«*rret, wrheni ^
should be appointed ; and therefore, about (6f
5th day of August lost, did admit and svrm
Murk Thurston, esq. into the said office, vacitf
hy the tleath of tlie said Borrel, and the «id
Eart admits the said Mark Thui^ton dl f
that occasion freely and vohmtiirtly, anu
own aceord, stud a present, whtveof ^^uwu
an<l no more, were retnined,
IX* In answer to the Ninth Article Uiestl
Ear) saith. That he believes Thomma BtWClt
esq, in this Article named, was possessed of lli
ut]i4*e of Clerk of the Custodies, in the Artidc
dcscnbed| and that such office la tu the ^ft
and disposal of the crown, by grant tUMcr
the ^eat seal ; hut denies that be did at lay
time insist upon the sum of 105/. or any otbcf
sum of money, to permit or accept of Iheresigw
nation of the saidlhomas Bennet, or did refiiM
to permit or accept thereof until lhesai»l Thoitiat
BeDnet bad agreed to pay the same, or any il
sum on that account ; but saith, that altliOMgit.
the said office be usually granted by the croirO|
yet it has ahvuys hccn looked upon to be tin
right of the IjOtxI Chancellors, or Lord Keepiw,
to recommend to tliit^ and other ot!ici-s under
the ^reat seal, and to approve nod allow of
the deputies, to e^cecute the same ; and, upoB
such recommendations and appro? inir of de-
puties, have accepted presents, and I
the same as their rii^ht; and In
that there hafebeeo ttvo of such ofu i
in his timet one of which appear i a
to be a case wherein the party huiJ >ud: uJ
great hardship, the said Earl pait&etl the >:un«
without any present whatsoever, th«ni;^li li*
*dfit:€ be of conMderahk' value j Ihe ntln r «ui
the cuse of Mr, Uamersley, iu the Am^U
mentioned, in which the saiii Earl owns he^
accept a present.
X. ]ri Answer to the Tf nth Article lUc i
Earl saith, The same is conceived in luchi
neral terms, that it is ui»t to he r\^»eetedl
should give any particular ansvier tlirfirti
however, he saith, Thut during Ihe whole lii
of his bt'ing Ixird ChnDceUorj he reier
took any money, present or graiuity whali
ever, for or upon account of the oumint^^^aiakin
or ad mi III ng any officer whatsoever, oiher tfa
before particularly named, except in the cu
sitor's office, where he owns he |jas itooe, i
was done by all his predereaors hrlorf hini*
X[. In Answer to the Clevtttih Ariichf I
said Earl saith, That the same uot cootiiAU^
V
5UJ for Nigh Crimes and Misdemeattars,
llT fnrfi^nUr chanrp, he npj»rtlnx»<l« himnelf
1 lo ^ive any fiartii*ubr uijivterthrre*
i^vevt-f, ill t^rnrrrtl, iii>f« K>y,Ttiot hf!
^ VI lUtl mhnit ai»y person into tlie otfire of a
3l€r *^C llie Ciiuri of f liJinct'iv, ImiI who
prf ' M* ri> In? ill" fillll^tancH und ahi-
trusieil In sucli office, or, upon
i-umy, tc'ry weJl recoinmcfidH (i*
|i«iirb; mill, wiattievt'r thcrt li.*ive be^ii
iM,.i.t, - i|(»'H4n<J EaH liancoiiHtaiitly
10 hiiii ihni he ibouglil
, - lUe ortire, and most top
niiitf 111 ihf 1 ouri, unit the afiviint;)||^e of
'ors; nnd bfh€v*'» ilmi Ue tuny, ujton
sions* Uave declareci, Ui.it h«* ilioui^lil
1 IwnJy of Mii^t«r< us yotnl, wiib leipect
iilmv r«iiit#«^ ami AtiiliTy for ili^clmrj^e
bli]C«, and llieir ir(te4>^ritv, n^i harl [te^u
iV lime b^f<}ke, nr to thnt tittci ; antl utiat
^ikiiHfty to tUal [tur|jiiM;, Lie ibc»uglit to be
ftv trur,
I XlK To tbe TVclfih Artick the surd Earl
ijtliai ii' lb ere ^ns any sorb practice as is
Bw) in ibe Ariiclci nf payi(t|f for ibe
iA^ iIm' Mastpfs out of ib« lootjey &n<l
/ to the suitors of tbe Court,
, i^^noraot of it ; but admits, tbul
li<i ui'f, nor iJul any of bii prtnlecessor^,
rrr be bratd or beli^***?!, g^ive iiny par-
f dtrpctiuns for scbedules to l»e inmlr of
oey and efl'eeli of tbe «uitora of I be
I to bi» ib^bvprifil ©vtT io ibe aiteceediof^^
but beKevi'Sf tbat in virtue of tbe
I order uf transfer made of course UfK>fi
druitiance, Kucb scbediifes wpre tnadu
V M anient and ll»eir predeces-
• MitAtivraof tbeir predecessors ;
■ftiM^rptencrs^ to tbe Articles al*
i>)bmcd from aticb practice, or tbe
; audi acbedule, h bicb be doea not
Vtnir, he iosists tbat the same coutd not reoder
irnniuial.
|XUI. In Anitwer to the Tbirieenth Article
f mid Earl tiailb, 1'bal a(\«T Cbristmas, to
^jrcar 17 to, he vnii in formed, ibnt the Mid
iood Doniier bad ivitbilrawit bim&elf to
, where be (btMi wuh^ and tbereupon
E«rl UBe<| ilt the jiroperent methods
• securtn(( bi^ euects, and oarliLU-
Mr* ilicrocks and Mr, liogrers,
tfci-o senior Miittors of tbe Court, to
^k# ao rnfjtiiry into b** alldirn aod accounts,
t to cotiSidiT w bat would tje moa proper to
lUid tbe said Eart believes, tftat tbe
lltvo llttitfih itk ^MO-huance id tbe directions
111 ! «earcb ttie cbaiiil>ers of
'oriner, in LincobiViuiit
whmi books, ncetjiints, or effects couU)
ijbt toti wttb, but fitufid tio account wliat>
iser any efTifCts of raliie, and did put a
_" * Ir^fksferrin;^ of tbe slock, tben in tbe
^•f thif sakl Fleetwood Dormer, in any of
IpiiiMio ci>tnpanii's: and the said Fleet w'o<id
<i J^cffioo f -'t out of reach, and
Ml 4' iijliy unknown, ex*
ralddf, M Imlu l iiiid uot tio dispoited of
bis €Oflcurr«xice, a propoflfti wfta aoiiie
A. D. 1725-
t7!X)
lifiie after made to the said Earl, tbat tbe said
PleetwiH)d Dormer nii<(bi ba%ea promise of bis
liberty froni file saiil Ear!, and opiMi thai con-
ibii'm be would come over, and u^oi^jrn all his
etliMTts, and a»}«it in ij;^ Uing: tb*^m in, »nd
^eUtoiit II ' Kiij his accooniti ; hoiI t*ie
said £u> ! ) oUier wny op^ti to sfiHt any
tliing^for iiM > luu*, and boiut; ti.alc lo believe
that if any ileficiency ^iliouUi bupp«'n, yUv «:ime
would be tnnde up by ilKM»ilu*r M.ijijiis, ibd
a^ree, tbat in ca»e tbesitid FUm IwolhI Df^rntrr
would come over, and mukv^ a full disr^mTv of
all bin etfects, and assign the <inmr* for (be Ut-
neflt of tbe >iUitore», be, llie sidd Earl, v^ould
allow bini Itis tilH-rty on tbatcomtituin^ and itol
otbernt!^ ; and tbe said Earl was soon after in-
formed, that tbe said FleetwtH»d Dormer sub-
miitcd 1*1 tbose terms, and woubl r try ^oon
come over, and discover and deliver rip bis cf-
fevU; aiul tbe said Earl did not doubt, but the
wbole debt upon tbe said Fltttw«»od Dormer
would be paiiL And (he SimmI Earl ^a'tth, Tbat
be does not remember ttiat any application was
ever made to him, by tlie said 31aslers of Ibe
said Court, for any assistance of tbe Court,
toucbiug' the person or effects of the sf»id Fleet-
wood Dormer, but wbat be tfrintfd, so far as
be tbongbt it tende^l to tbe benefit of the
suitors^ and believes that no application was
ever made to him by the htiitors, or ativ of
tbeto« or any otber to secure the person of tbe
said Fleelwtwd Dormer, or for compelling him
to make sal isfiM't ion to tbe suitors; and tbe said
EaH Koitb, tbat he never eodeavoure<l to con-
cent tb« true stale and condition of tbe sajrl
office from tbe suitors of tbe Court, n»r did
any of ibem apply, till very latefy> to the said
Earl to look into tlie same ; and furlher saith»
tbat be remembers nothings of his ever usioff
any such rxpre^iston, a^ in charged in the said
iVticle, at any lime before or after he kiieW
that tbe said Fleetwoixl Dormer absconded.
XIV. To tbe Fourteentb Article tbe Earl
aaitb, Tbat flenry Edwards, es<i, in tbisArticlk
mentioned, succeeiWd to the office of Mr. Dor-
mer, about tbe 18th day of May, 1791 ; but, by
reason of Ibe disorder the said offic?e was thea
under, and tbe (^reai danger of a loss therein, tb*
Eur I Imd given up und c|uitted all ibe advsnUitfe
wbicli mt^bl accrue to him upon the dispoaal
tbereof>nil fell it enliiely to tlie other MsKtersio
raise what money Ibev could tbcieby, wbicb was
Agreed to be all applied towards loakiofj good
any deticieiicy or toss wbich ini|fhi bappen to
tbe (iiitors of the Court concerned in that
office ; and thereii(Hiti the sum of 5,000/. wa#
raised, by the disposal of the said otiice to Mr.
Edwards, ami was apphe*! «ccordiu);ly ; and
the said Earl bebevt^s the debt from U ilham
Wilson, in this Article mentioned, wasassigjned
by tlie aaid Mr. Dormer to the »a»<* Mr* Ed- ^
wards in trust, and to the intent, that he should ^
pay, apply* nud dispose of the H«ud debt, ^►r
such i>art thereof, as Khould he, from titn«
to tinie^ by hmi got in, and receivt^d of atid
from the aaid William Wilson, iu ttuch ii^^ucf
M the Court ftli9uld ordev and diY«cX^%t V* ^
791]
10 GEORGE I.
Triai of the Earl of Macclexfield,
[792
eflTect : aAer which said asngnment' to made,
the Karl belieTes that the said Mr. Edwards
used prent endeayoors to ohtain payment and
satisfactiun of the said debt from Air. Wilson ;
but fiodinsi^ all his endeavours fruitless, and that
the said Wilson had long before stopt payment,
and was in no condition of payinqf^ his credi-
tors the whole of their debts, but that he was
williogr, and had offered to come to a composi-
tion, and to pay them in proportion the utmost
he was able ; the said Air. Edwards thereupon,
about the 30tli <lay of June, in the year of our
Lord 17S9, preferred his petition to the said
Earl, as LonI Chancellor, settings forth in sub*
ctance the state of the case, as before- mention-
ed, and praying that it might be referred to one
of the blasters of the Court, to see if such com-
position, so proposed by the said William Wil-
son, were for the benefit of tlie persons enti-
tled to receive the same ; and tne same was
accordingly, bv order of the said Earl, referred
to Mr. Hiccocks, the then senior Master of the
Court, to enquire iuto, and make his report
therein ; and about the 26th day of July, tneu
next following, the said Mr. Hiccocks made his
report, that the said William Wilson had, under
his hand in writing, proposed to assigii over to
the said Air. Edwards, as a coroix>sition for,
and in full discharge of, the sum of 34,046/. 4i.
therein mentioneuto be due and owing from
him to the said Mr. Edwards, as assignee of
the said Air. Dormer, the sum of 10,000/. part
of a larsre sum due to the said William Wilson,
from Edward Poulter of Hackney, gentleman,
in this Article mentioned, and to pay the said
Mr. Kdwards in 8|»ecie, the sum of 1 ,463/. 2s.
Id. over and above the sum of 560/. then al-
ready paid to the said Air. Dormer, in part of
the said composition ; and that upon considera-
tion had of the circumstances ef the said Wil-
liam Wilson, and the said several matters, he
was of opinion, that the accepting the said com-
position would be for the benefit of the person
or persons entitled to receive the same ; upon
which said report the said Mr. Edwards, about
the 3rd of August then next, preferred another
petition to the said Eari, with the said report
annexed, and thereby expressly prayed the said
Earl to order him, the said Air. Edwanls, to ac-
cept of the said composition, whereupon the said
Eail, in a proper and usual manner, ordered
the same as prayed ; and the said Earl
aaith. That he was informed, and believes, that
the said composition was made and agreed to,
upon a consultation of all or most of the Alasters
uf the said Court, who, the said Earl did believe,
would use their best endeavours to get as much
as they could ; and the said Earl saith, he hath
heard, and believes it to be true, that liesides
the 1,463/. 2ff. 1(/. theu paid down, there hath
beeo since got in by Air. Edwards, on account
of the said debt from Edward Poulter, the sum of
1,000/. 4ir thereabouu ; and that at the time of
the said assignment, the said debt, claimed by
Wilson from Poulter, was a just debt ; and
jodgmeot sit law has been since obuined for
18,000/., pan thereof; and dM nid PoaUer
was looked upon to be a substantial pertoo,
though, to avoid payment of llie said WUmid's
debt, which arose on account ol' their dealings ia
South-Sea stock, and subscriptiona in the year
1720, the said Poulter not only broogbt his
Bill in Chancery, but, after the same was dis-
missed, and that he was taken io cseeatioa
at Wilson's suit at common law, be feand
means to make his escapfs out of the custody of
the marshal ot the Court of King's- bench, and
to get over to France or Holland, where hs
still continues, as the Earl is informed ; but bt
is likewise informed, that, after the said eecapt,
a commission of bankruptcy was takeu wm
against him by the said Wilson, upon wUck
some effects were recovered, and likewistn
action at law brought, and a verdict and jndv-
ment for 18,000/. and upwards obtained by tte
said William Wilson ai^inst the marshal, m
account of the said escape ; and saitb, he halh
likewise been informed, that the said Edwsri
Poulter and the marshal have each of them s^
fered considerable sums of money ' by way sf
composition for the said debt ; but the ssid
Wilson, from a persuasion of the abilities of tks
said Edward Poulter to pay the whole, dklit
first refuse any composition with the said Psat
ter, and since hath been afraid to make any ona*
position, either with Poulter or the maisbil ;
and what may be the consequence thereof, with
regard to the suitors of the Court, or what far-
ther sums of money may be recovered apos
account of the said debt, towards makiaf^tlmi
satisfaction, the Eari saith, he cannot with uy
certainty take iipoii him to answer.
XV. To the FilWnth Article the Earl saitb,
That about the month of February , in theyearsf
our Lord 1730, he gave orders to his secrelarj
to write to tlie several Masters of the Court «
Chancery, to bring in their account* uf the
cash, effects, and securities in their hands, be-
longing to the suitors of the Court, and belief*
he did so ; but denies that the same was doos
with any unjust uumose, or with any tbfHigbt
to terrify the said Alasters to make any contri-
bution, towards satisfying the demands upon
the said office of Fleetwood Dormer, but be*
lieves what they did contribute, they paid (tetif
and voluntarily, and out of their own mooey*
and therein, as the said Earl helieies, did os
more than follow a precedent of the l<ke natorr,
on the failure of Dr. Eddisbury , formerly a Uss*
ter of the said Court ; and the said Earl ssi^
that his real and whole intention iu calling v^
the said accounts, was to inlorni himself, in lb*
best manner lie was able, of the state and ooo-
dition of the several offices, and thereby to ks
the better able to make proper regulations csO"
corning the same ; anil therefore, though tb«
said Article seems to insinuate, as if the calM
for the said accounts was dropped, as soon i*
the Alasters were prevailed on to eontribute, tbt
said Earl saith, that altt^rwards, and ^i^^
any regard thereto, he still continued to c*U
for tlie said Masters' accounts ; and not Andiif
them brought in, as be expected, he did, ab^
the beffiamuflr of Not emiwr fbilowiiigt ctf^
JifT High Crimes and Mtsdeme&non.
Alitr t«tter to be «fci»t lo lhcm» requiiini;
I t<i lin»9 if) their accui)iit& : «tii), liv Uiih
I letlcrH Sfful to tbeiu on liiAloccajnoUf Ue tli*
rnethoii ia which he woiiltl
v« t ina<ie up; biJl the auid
cr»«i^ liiu-oTniih couiiiiceil how ilidicult
Mftf^ork it would be, and whot ob-
it wowlii gife to tb«2 businessB of tlie
burt, uud ibuat Istst it coultl nut be liepeuded
lUi iiiv certainty, Has (brcefl lo laj
bb and to content himsftt' wiih
-i»me road ubich his predece&-
doa« I *nd Uuittbly begs leave to ob*
_ bat whftt bu b^-en hiVeW done, wiUi re-
i tffr the ftcociunls of the «aid Muslerfi, |iUiQ>
Kvm th« iumipertble difiicutties of such an
- kiiig.
TotheSinteeDib AHiele lUe Emi faith,
kt* belieres that, ou or aU)iit the 17th of
iri:b, 1/23* aiicb order wn;* madi.% as in the
/Irttdie m iiieiilionfd, for Henry Edwards,
► lopty Elizakiih Chilly 1,OUOL pari ofthe
ifj broufirbt lic'tore Mt\ Dormpf, htit doe*
reitieinber that the said Heniy Edwurd:^
uriv oiH.nUint tliereof to the said Eaii,
pl> Edwardii. not having* then
' r IVIr. Uorin^r's in bis hand<$»
I iMiyineut thcretd ; and thai in July io\-
*>Qf > ^^^* LrH-brnunf in ttie Articles n»tned|
frf biinaeM tr» the said Eurl acveral timea,
jJ-JB a %m'y eameM manner* to ht Ip ibc said
^itly'trt tbie said l,CM}0/,, allegini^ that
1 Mr. Locbman^ wns to marry her,
[ h« had rnaile a e>rjm posit ion with his
K, npon wkiich 1,000/. wan tu be paid
J rUhtX time, which he then nienlioDed ;
Ibal he, the s«id Mr. I<ochman, was
^ biirv th« Ha id 1,000/, tor that purpose j
i Ibal, if he liud it nol by the lime, the com*
woutd be «oid, amf he shouUl tie utterly
and at ku>;[Ui ihu said Ear), bein;;
linuyi'd by tii<? pressini^ importunities ot
Mr. LtK^hntan, and hy compassion lor
f gnmi distrei^ m which he then appear-
t did promin^* to Mipply htm with Ihc
Hi, ont of bis own pocilet ; and accord-
cted Mr. C<niin|riiarnf Ihen his secre*
pay it, Ukinj? from ihe »aid Mrs.
jient tif the benefit of the said
> the same was done accord-^
|tiiui iiiui. upon Mr. Lnch man's pressing
" rr ium tiir llie Si4id Mrs, ChiUy» for
'^■'^ ^^idEnrl mit^ht tell liim, that
iviis nil thnt he must expect
. ^ ul ; and the naid Iviil does not
h« had any dmcourite with the
to pcrsiiade them to pay the
> Mr* Lochman.
rtt)«' tiiit branch of tlie said Artiele,
I K Thai the fact Wiis, thai otie
in the eantie in the Article
Mifti thr bf^t ftiirebaaer
i\ llarpetr at tlie pfice
^ the t9th of llecember,
ilie aaoio lime ordered,
wruin;;>« fir liinjfin|r to such estai9|
\ dirhtartHl to his couusui, mud that tti€
teoanti should iiltont to him* on bit hrhkgmg
htB purclidMe money before Mr, Dormer, then
one of tile MasUnB, and the said money harinc^
been Iwourrlu before the said Al aster the 24ifi
of Dcceiiil^er^ 1717, and itie tenants haftngf
ailomed to Jackman ; hut the com es aoces not
heio^ Uien executed* thou^^h long brtbre ap-
|rm*f>*l ?* •"'»non was mm\& in the f-ourt of
t b:ii ri^ the said Earl, on the 5ih day
of i).,^.^..^ - 1 i^i, that all parties might exe*
cute the conveyances^ and the ^QOL be paid to
the plain ti£r. towards :i at isf action of a demikod
she bad oul of the estate of the said Harper ;
and thoi»e that were to have the reaidnum ^f
the said T. Harper's estate, insisted, that they
were always lesidy to join in the coo? eyanccs,
if the purchase money were applied lo dis'*
chan^ the rest of the estate, that they were
apprebenUve of a flehciency ^i Mr. Dormer's
estate, and therefore neither they nor the plain*
tiff ought to he sutTerers by such deficiencyi
the delay havmgf been occasioned hy the pur*
chaser, and not hy the plaiutitf, and therefore
jicrupled executing the deeds, unless upon pny-
ment of the m^mey to the plaiotUf, and dis-
charjpng the re^t of the etitate titerefrom ; and
tbL» u^lng the titst time that any queslion re«
latini^ to Mr. Dormer's deficiency had beea
laid before ihe Court, by any of tbenuitors.tbe
said Earl look notice of its beittff »o, and be«
lie-res he uiiiiht express himself to this effccli
That he had indeed heard of the iaid Dormer*i
deticiency^ but thut it had never yet come ju-
dic»4illy before him. upon complaint of any of
the suitors of the f'onrt ; and further declared^
that if there iliould be any deficiency in hta
otfice, sereral circnm^^iances had concurred
thereto, as Wikim llie lianker's htoppin^ pay-
ment^ g^r^ally ludebteJ to hun, Ponlter^s going
away in Wilson's debt 18,000/. and upwards,
alter a verdict and judgment at law, and Foulter
in actual execution tor it ; and that, as he had
heard, Wilson had then lately brought an ac*
tion of escape against the marshal, and reco*
▼ered a verdict against him for the like sum ;
and how all these matters would at last come
out, Ihe said Eitrl said he did not know. Or he
expressed hiuiselfto that ellect, and no other;
and thereupon ordered, that it should be rc»
ierred to Mr. Edwards, to exikmine whether
the s.iid 260/. wat deposited with Mr* Dormer
for the heuetil of any parlirular person, and
whom, and what wa^ the occasion of the delay,
that the said conveyuivces were not executed^
and the said "200/. purchase money, paid out
before the year 17 '20 ; and whether there was
likely to lie a biss off any money deposited with
the said Mr. Dormer, and that upm the Mas*
ter*s re^Mirt such further order should be inutle,
as ghould be ju«>t ; and Ihe said Earl hopt:s the
said order was very jtroper and necessary, and
takes the liberty of repreaenttog to your lord-
ships, that this WM fther the accounta of Ibe
Masters had been laid by the siid Earl before the
lords of the council, and b^id Wen lor wime time
under the cousider.itit)n of thejudgea and othcrft|
appointed by his majesty lo tiiS[ieGt Ibe Mine.
I
T95]
10 GEORGE r.
Trial of the Earl of Maedeffield,
[796
XVI r. To the Serenteeuth Article the Earl
titith, That be oerer endeavoured to conceal
the deticiency occasioned by Mr. Dormer's
foilure, but as the said Earl was under a full
uersuaston, tliiit the sanae would all in due time
oe made good, and as Mr. Dormer's effects
were oomiiigf in by degrrces, and no application
was made to him by any of the persons xon-
cemed, to put a stop to, or any restraint upon,
the payments, he did not think it incumbent
upon him, er officio^ to make a declaration of
an aTerage. And the said Earl sailh, that he
does not know that any order was made by
him for Mr. Edwards to pay any money that
had been l<^ge<| ivith Mr. Dormer, except the
order aforementioned, in the case of Chitty, but
believes several orders have been made by the
Court for that pur|iose, and that the said Mr.
Edwards, under a fivm persuasion that the
whole deficiency would be m^ule i^cmmI, paid out
the whole sums so ordered, so far as the money
then in his hands would cxteud.
XVIII. To the Eighteenth Article the said
£arl saith, he never knew how the Masters
l&ept or disposed of the money and effects be
lonjgriug to the suitors of the Court ; and as he
believes, that after Dr. Eddishury's failure, the
then Lord Chancellor, so he knows that alter
Mr. Dormer's misfortune, the Earl thought of
several methods to prevent any inconvenience
iipoo the like accident for the future ; hut they
had both the same misfortune, not to bring any
of them to such perfection, as to venture to put
them in practice.
That several proposals were made to him by
the persons he consulted upon that occasion,
but none that he believes, it will be held crimi-
nal not to have then established ; some things
were proposed that he thought impracticable,
some insufficient, some inconsistent with that
complete regulation he hoped to make; the
objects he proposed to himself, were to provide
for whatever deficiency might happen in the
office, late Mr. Dormer's, to secure the suitors
from any future loss, and to make se\'eral re-
gulations relating to the offices of the Masters,
and he thought these would be best done toge-
ther, nor had he perfected the scheme of any
one of them to his own satisfaction ; he remem-
bers no proposal that he thought would take it
totally out of the power of the Masters, to dis-
pose of the se^unties or effects, or effectually
secure the cash. The said Earl admits, that
he did not demand any security to be given by
any of the said Masters at the time of their ad-
mittance, because it had not been done hy his
predecessors, who were much wiser men than
himself, nor was he so much as asked by any
of ihe parties intcrriited so to do ; as to what
the said Earl did with relation to the accounts
of the said Masters, he hath already set forth,
and saith, that he gave no iieruiis&ion nor en-
couragement to the Masters of the Court, to
employ or traffic with tlie suitors* money for
their own gain or profit ; he owns, that with
respect to the aeourities in the hands of tlie
lowers, be uadeoo geueral order, and thiuki
it the less material, because, notwithstanding
what is alleged in the clofe of this Article, he
believes all the present Masters did, in De-
cember last, produce all the securities in their
hands, and thtf Court of Chancery hath since
secured the same for the benefit of the snitors.
XIX. To the Nineteenth Article the said
Earl saith. That upon great considcratioo of
Mr. Dormer's deficiency, and of the dan^
there might be of furth<^ inconveniences, with
relation to the money and effects in the baadi
of the Masters, and of several disputes and dif*
ferences that had arisen in the Court of Cbaa-
cery, and of some applications of the said Mas-
ters, for establishing them in their just rigfcl^
and of some practices of the Masters, wUek
the said Earl thought ought to be reforuMd;
he was convinced, that the same was a workrf
too great consequence for him singly to attm|t|
and being highly sensible of his mustsacredma*
jesty 's paternal goodness to his people, dki pfe>
sume humbly to beseech his majesMr, as the
fountain of justice, to depute some of his most
honourable privy council, to take the mattan
aforesaid into consideration, in order to the es-
tablishing such regulations, as might tend to
the honour of that high Court, and to the ad-
vantage of his majesty's subjects being suitors
there : which request, his majesty, out of hit
wonteil gomlness, was pleased to receive very
graciously, and uametl several lords, and etbcr
honourable persons of his privy council, to be
a coininitfee, to take the same into considera-
tion ; and pursuant to his majesty 'it commaad,
the said committee met, and liegan with the
accounts of the said Masters, wherein the stid
Earl begs leave to appeal to such of your lord*
ships, who attended in that committee, wbetber
he did nut contribute, to the utmost of bif
power, to have every thing done which tbenid
committee thought exftedient: and the M
Earl sailh, that he made all such orders li
were by them judged requisite, and so presirf
the execution thereof, that not only the ac-
counts of all the Masters then in being wera
brought in, but all the securities in all their
hands, and the cash of most uf them were te-
lually lodged in the Bank of England, sad
thei-etbre the said Earl is greatly surprised, to
find himself chargeil with obstructing tlie tak-
ing those accounts, which he had thus desired
might be taken, and contributed to the lakitf
of them with all his power. And the said £sn
saith, that he never thought uf preventing i
parliamentary enquiry, any otherwise, than by
making it unnecessary, and procuring to the
suitors a full redress of all their grievances, sad
rectifjr'ing whatever he found amiss, and tbit
he looked upon to be his duty, and begs leafe '
to say it here once for all, in answer to all the*
scveral insinuations of that kind contained ia •
the Articles.
And the said Earl further saith. That while
the said accounts were taking, every one el
the said Masters declared, over and over, thil
they had efiects sufficient to answer their whilt
accounts, and the luid Earl firmly ^ *' '
fitf High Crimes and Mi&demtmmrs* A, D. 17U* [798
WBtA
Liriih I
lii» tAmc tn tw true, and ns a]l of them« tbut
bf« «mvr {^hirli he believes were alJ^ or at Iroit
lU but iMr. Kynnslon) had lold the Kaid Earl|
II104 (^r - nhle to iinsncr their acrouitis;
tnd V hroti^ht ihejr aecuntils to the
■.„, ,, .A., iiim tu by before tlie faid com-
I, BIr. Uollbid bad vt^role under his a c-
fottie decUrMliou to that etfect, and fioiiie
^of tbcuif as he remembers hiid made
if iomc othiT €X|>ression», which he
uKKil^ht not so )jro(»er ; and suiiir, ha he fie-
, bad wrote noili'mif (but he cannot div
I the pcij^oiis) and the siiid £arl tliink-
rhei) th#? *iaid accounL* came to be
I lUce of council hy htm, il
I I the »iati>e ihmi; shoatd
Hi nj Li>e commhlee, wbk'b had betn
titin iing'ly* he advUcd thetn all to
\ aaaie words under tbeir accounts, and
I theut, in g^reat sincerity and frien(Uhi|»,
^tt a t'mie \vhen so many men's mouths
>op€n B^'^j.Jn^t th(fm as insoltcnt, it would
>r ihf ir luiik'iur and interest to inuke it an-
were able and KuliHctent, as lie
1 liom to he, but never thought o^^
• contrivance to have ihem dcceittully appear,
ttr term ivbat they really ^ere not: and he
m tbey did tJien witlidraw to make the
mteri^itron, nr at leait so many of them »hose
I were then ri^ady ; and soon after de-
tViera in the said EarU i^ho carried
bim to the (Tonunittee of council,
he WAS then going, vrithout tookiiit;
WJXk ; but upon rcadin^^ them ut the
i was ob«erved that ttiey had not all
same word^, havtni; varied rnnm-
idj, but what any of the subscriptions
i%arft, fiecatitiot take upon him to set forth.
Itbc said Uarl further saith, That a sub-
r'^«f»i order beini;^ made by the said Earl,
\ Masters to nro^luce their securities,
' r:i«b, before tno perftuns appointed to
Libeir accounts, tbcy made ^reut com-
I that nn many hundred thousand pounds
rcfpjired at so bhort a warniii^f and
af ihcm »«ying« that though tbey had
I suthcirntf and could raise the %vhole ^if
^^ bad a hi lie timet debited the said Ewrl to
Tlier time ii»r tlint , -, but
nth, ill at he rei ii to
md rai-ic it .i...ti< i^. lately,
;>tce they had ed'ecl* tu
: ji^ht (itid IrtLniU lo lur-
iry ; and biliev*^ be did say, that
Ktr oivu brethren tnijj^Iit perhaps t>e
let Ihrru have money till thejr could
an^'il^rr way,
t ihtm did supply others uitb
(*riwrlur>r, only to make a fnilse
, and rea-
^iCcount*(,
ii kint""^ iiuMiiui^ or »i, i\\n\ is sure
lihc leait eocounigi:ment Irom bim
T^lbe Twentieth ArtlcJe the naid Earl
f^Thal tl nwer rntcreii into \\i% thoughts.
^Miy
any of the money belonging to the tnilnrt of
the Court for his own private adfnntrt;je; but
lielieves* tliat in OeCemlier 17V0, havinif oeea*'
sion for the Bum of 1^600/. and nKkiitLT his ?»e-
cretarvi Mr, 4JotUnj;fham, wbclhir Uv could
lend iiiiu the Biuue, he saiil he could nor, hut
would pr*»cure it f>r Inm ; and accordiufjfly
borrowed tlic same from Tilr. Godlrcyt one of
the Masters of the said Court, and the said
Earl gave his own note for payment thereof
to the said Mr< Godfrey^ and in February foU
lowinyr repaid 1,000/. part of the «4id princi-
pal f*uiii ; but in the same month of Pt^bruary,
1720, ujwn a fresh occasion, borrowed agam
part of the said 1^000/. ao paid t>ack, and m
note or notes were given for the (ray men t
thereof; and some time af^er the Earl ordered
the whole money burrowed of the said Mr.
(todfrey fo be paid, with all the interest duft
tor the same ; and the said Godfrey receiv eil
the priucipnl, but would not be pre railed uport
lo lake the interest, or any part thereof; and
the SHtd Earl saith, that alLtbe said money
was repaid withiD the compasa of a year a tier
it was norrowed \ and the said Earf declares,
that be never received or borrowed any aum#
of money whatsoever of any of the Master*
of the said Court, except as above set forth.
XXK To the one- and -twentieth Article the
said Earl saiih, That upon the strictest review
of his own behaviour, during the time he bad
the honour of serving bis moat sacred maje«tjr
in the office of Ix>rd Cbaucellor, he is not
conscious to himself that he ever did, in any
illegal or arbitrary manner, extend his power,
or the power of the Court, beyond thdr lawful
and just bouuds, or that he did arbitrardy or
illegally assume to himself, as Lr)rd Chdo-
cellor, or by colour of his office, any unjusf
and unlimited power of dispensing with, sus-
pending, or controuling tbeiawa or Ktatntes of
this realm, or that he any ways oppres^eil the
suitors of the Court, or waa gudtv of any
breach or violation of the righti or hberties of
the subject, or of his own oath, as l^nA Chan*
eetlor ; and with regard to the particular cotu«
phiint againiit him in this Artictt*, the said
Earl saitb, Thnl Ituchel Tyson, in the Artick
namcd^ as the Esirl is informed, cauvetl a UUl
to lie exhibite<1 in the Court of CUai^cery, in
the nunir of her son and daughter, in the said
Article likewi&e mentioned, by their f)rochi<t^
amtft n<j;iiiusi herself^ and the >*aid John TviiOD
and others, to have the truvts in the will of her
late husbanil duly performed ; and the same
was brought to hearing at Ibe Itytk the 7th
diiy of July, 1718, and by ibe dcrrrr tlien
made, it was amongst other th'tir 1^
upon the prayer Us the Raid Earl d
and believefk) of the counsel employed by the
said Rachel Tyson, thai a receiver sUoufd be
afipointed of tbe r^'nt^ and pridiia of the reui
eiftat^, who was to ha vo a sidury allowed him,
and power to let and sit the *aid esintet as there
shouhl be occasion, with the approbation of
the M:i*ter, to whom the caus^.' was rci>:rf ed 1
uae of, nor did be ever make uie of | and Ui« said Etrl aaith^ ibat in cE«»cutu»tt a#
»99]
10 OEOKGE I.
Trial of the Earl ofMaccIeffieU,
[800
that part of the decree, which directed a re-
ceiver to be appointed, the Master haTiDK cer-
tified, that he had appointed John Nicholas,
es<|. to he the recei?er of the rents and profits
of the said estate, the said John Tyson, thiuk-
Itkg himself aggrieved thereby, did, in the
usual course of proceedinffs in the said Court,
cause exceptions to he filed against the same,
and unon the arguing thereof before the said
Earl, liy coun»eT of both sides, affidavits were
read, to shew that the said John Nicholas was
an improper person ; that the said testator had
declared in bis life- time, that the said John
Nicholas by name should not have any thing
to do with the management of his estate ; and
that a considerable part thereof consisted in old
booses and water- wurks : and the said Earl,
upon a *full hraring of both parties, was of
opinioo, that the said John Nicliolas ought not
to be appointed the receiver; and upon the
proposalof the said John Tyson, then in Court,
ordered Robert Do v ley, esq. to be receiver, he
ffiving security to be approved of by the said
Master ; which order was made, as he believes,
on the 15th of January, in the year 1718 ; and
affirmed upou the re- arguing the said excep-
tions on the 6th of March, in the year 1718;
since which time the parties interested have
never thought fit to complain thereof to your
lordships by appeal, in order to have it reversed,
as mistaken or unjust, though now the making
thereof is complained of as a crime ; and the
said Earl is not ashamed to own, that he was
Tery well acquainted with the said Robert
Do V ley for some years before the said order,
and believed him to he a person of great honour
and integrity, application and exactness, and
believes there are several persons of distinction
to whom he had the honour to be known, who
had the same opinion of him ; but the said
Earl did not appoint him receiver because of
his own respect for him, but because he was
named by the said John Tyson, who was
uncle of the said infant, and executor of his
father*s will in trust tor him, and by the same
will appointed his guardian in case of his
mother's death or marriage, and to whom the
said testator had devised the said estate, in
case of the death of the said infant without
issue male, and whose interest it therefore was
to take care of the infant's interest in that par-
ticular; and the said John Tyson and sir Cesar
Child (whose daughter the said John Tyson
bad married) had such confidence in him, the
said Robert Ddyley, that upon the 18th day
of March, 1718, they entered into a recog-
nizance, together with |iiro, in the penalty of
7,000/. for the said Robert Doyley's duly ac-
counting for, and paying the money he should
receive out of the said infant's estate ; and the
said Earl saith, that no complaint was ever
made to the said Earl a^inst the said Robert
Doyley to the time of his death ; but he owns
that be hath heard, that upon the Master's
stating the accounts since Christmas last, thera
does appear due from the said Robert Doyley
ib»ttt two tbuusaud and fife or six hoirareil
pounds ; but believes there is not auy fear or
doubt but that the same is very well secarsd by
the said recognizance.
And the said Earl saith, Tliat hm decs nst
remember the particular expressions used by
the counsel or himself, u|ion arguing or re-
arguing ttie said exceptions, hut be cannot be-
lieve that any counsel, of great ability aud ex-
perience in tne saiii Courts woukl hare tbouf bt
what the said Earl did extraordinary, mscfa
less would have used such an expression ts ths
said Earl at in the Articles, which is an iode*
cent censure of his proceedings; and bire
bein^ a decree in this ease, approved of by ail
parties, that a receiver should be appointed If
receive the rents and profits of the bfNlk
estate, the said Earl is at a loss to uudentesi,
how the fixing on the person to he the recam,
upon good security, to account for and piy
the same for the infant's use, is reviving tke
Court of Wards, whose business it was to tike
the rents and profits of the infant's estate for
the king's use, without accounting for any if
them to the infant, but barely proyidiog s
maintenance for him, at the discretion, pc^
haps, of some grantee of the custody.
Thus the said Earl iias laid his case bdbit
your lordships, and dotb further, for answer ts
all the said Articles, say. That he isDOtjfidqr
of all or any of tiie matters contained u die
said Articles, or any of them, in manner asd
form as they are therein charged against bin 9
and the said Earl doth further insist upon tbt
benefit of his majesty's most gracious and ge-
neral free pardon, {rranted to all his sobJM^
(not therein excepted), in and by an act of pi^
liament for that purpose made in the 7th jcif
of his majesty's reign, iu bar o^ and in bis ile*
fence a^^ainst the said impeachment, sod the
said Articles exhibited in maintenance tberea(
and all and every the proceedings thereopoif
so far as the same extend to any neglecl,
ofience, or misdemeanor, or supposed neglecti
oflTence, or misdemeanor, or any other set,
matter, or thin^, suffered, done, or comroittedf
or omitted bv nim the said Earl, before th*
24th day of July, in the year 17 «1, and dotb
humbly insist, tliat no evidence ought to be
given against him for or concerning any of tlMj
matters or things aforesaid, in and by the w
Act pardoned, or any of them ; and dotb artff
that he is not within any of the exception* i"
tlie said Act contained. MAccLESftoA
The Commons Replication to thb Ah-
swER OF Thomas Eahl of MACCLif*
FIELD.
The Commons have considered the Ansfftf
of Thomas earl of Macclesfielil, to the Artieltf
exhibited against him by the knights, citiiM
and burgesses in parliament assembled, *'Am'
serve, that the said Earl hath indosirissaf
avoided jfiving a direct and particular Assfftf
to several matters positively and certaialyv^
laged against htm in the said Article!^ wim'
Ml J^ ^'S^* Crinteg and MisdemeMnors,
kibe nature of the tacts Uiemselves, must
itrily lie in his own Kuowledge, and liath
ttctnpl^d to ilis'^uibe nod cover the real crimes
* 1 to hb cljiti'^i?, by immaterial and evasive
OS ot invU of & diU'erent nature ; aniJ
bjT parts of the mfmi Answer are contra-
' '1 wiiii each other,
imlyour lordships*
iii.*u jwv.^i..tri.. . y^, die Connnons bt^in;^
\ to maintain the truth and justice of their
lAion, am nilhD^ to ehler iuto the due
ittioii thei'oof : atid do nvcr their Charge
fh Crimes and ^Ti&demeauors against
icaid Thomiwearl otMacclcfifiuld to be true,
1 that the said Ear) is ^ilty in such man-
as be Bt:ind8 inifieached ; and that the
anions will be ready to |iro»e their Charpe
ftiitjit him, at i%uch convenieut time as shall
Appointed for that purpose.
» C. J. King, GeDllemen of the House of
Tnay proceed as jou please,
M 'u M^ lord&, the Commons
eni. iMihntj in parhament assembted, hcire
t mf their indispensable duly to his sacrej ma-
Dd yLu9\ far the security of the estates
ties ot their fellow subjects, exhibited
» of Hi^rh Crimes and Misdemeanours
'the earl of Macclestield^ late Lord
Itor of lireat Britain^ complaining' of
rfajsgerous and corrupt practice s^ msny
aod brinouB oAifnce-s committed
ktbt good and vpholesoroe taws and sta-
fthta realm.
^ first am) principal accusation of the
ns IS, That thf Karl at the bar, ^vhilst
Kioued in the ofTice of Chancellor, did
f and corruptly ui^ist upon, and lake of
ons, sevcT^l g-reat and e\^orbitaat
Boney, in order to, and before their
itilu their ofQcex of Masters in
try ; and th»t tho«c ofBct's eoncern the
ation of ju*ilice in thai Court.
my lords, h a rhuii^e of the deepest
ac crinu- alleged strikes at the very root
/sell; it is the essence and
)y, that justice sbnnld be ad«
\ with deamesa and impartiality, that
lie may sit easy under tne wings and
on of the laws, and their propertica be
from unjust ioTaaions. In the pro-
^ the Chargtp, your lordships will ob-
' at almost ail the other crimes and
of which this noble person
, are lubaervicni to this chief de-
together vast and immense
Pipoaey, and that they have a tentlency
riheirrice of these offices; whethrr
f ba acts of unjust oppression ; of wilful
il or of partial and unequal iKlminislra-
atioe ; whether they be acts of open
iff dtiiv. or ofuf'fTf't aiifl iiri\aie in*
the ftamvi qui? cr, difH in the same
eiauo, and directed tu the same mark.
fer til set Oiii is Uif ckareii ligbt, 1
iJkVI.
most gp on and obsene, Thattlif
charge in the oext place, that insiii i -
sons were found out Jind pitched Uirt>n Ui be ;t*l-
mitted Masters of the Court ; men of small
substance and ability, no ways lit to be entrust-^
ed with the great sums of money and ellects
lodged in thtir rt^speclive hands.
My lords, the natural qualities and endow-
ments requisite to recommend men to so great
a trust, onght to hare been hone*ty and pro-
bity ; the acquired onfrs, those of knowledge
and experience; without a due mixture of
these, it was very hazardous to admit any into
trust: but no doubt credit and competency of
fortune were ingredients perfectly necessary ;.
because whate^ er loss or misfortune might at-
tend the manngcment of a Mastic so accom^
plished, in the ordering the auitora' money,
here might be some provision coming out of hie
estate to make reparation. Your lordshipa
will, no question^ at the first fiew, Ihiok it
carries an odd appearance, when this unfor*
tun ate Earl had resolred within himself, at all
hazards, to raise exorbitant and immense trea-
sures out of the sale and disposal of the Mas-
ters* places, bow it should answer bis corrupt
desi|^nis to admit into them persons of small
substance, and some of almost desperate for-
tunes, utterly unable to lay down the fast
prir-eei those ofEces were sold for at public auc-
tion : but^ m^ lords, the rastness of the prtoa
was no objection or discaurogement to a person
already undone, provided he might be made
easy m the manner of payntent, and run no
hazards. Men ot^ substance mi^ht very well
be afraid to jt resent, z& his lordship ^s phrase is,
a whole estate at once for an uncertain ani
precarious prospect, either of success in the
office, or of life or health to enjoy it ; so that
the fittest engines and instruments to efiect Iba
noble lord^s purposes, were men of small and
sheltered circumstances. And therefore the
Com m Otis go on and charge, that there was a
fraud uleot ant) unwarrantable method made
use of in paying for the Musters* offices out of
the very money belonging to the innocent
suitors of the Court ; that this practice was no-
torious and public, and the person at the bar
well acquainted therefrith. Your tordshipr
now observe, that the greatest difficulty of
all to an indigent person, vi*. the payment of
the money, was, by ihts dangerous aud un»
justifiable contrivance, totally removed, and
when a uiau was neither to ue out of pocket
himself, nor thrown iuto any fears and ap*
prehensions of being questioned for misap*
idyiug the suitors' money, is it at all to
he wondered at, that the price of these of-
fices should swell to that bignes9, n» tonfi^
to be the topic of conversation in tho world
about us, aud at last t»ecome the subj«>etofa
national enquiry ? This scandiilouH mt^tltod of
payment is of the most mati^^naut kind, and m
suitor is, coutmry to the taw of nature, made
the instrument of bis own destruction ; hie
substance, which ought to be hLS aiipi»ort and
relief, is Itir&ed ta bit oppre^itni, or if pat i quIj
$ F
I
«»]
10 GEOllGE I.
Trial qfihe Earl ofMacdfsfiMf
[80«
be taken from him, it is in order to arm ano*
ther to dispossess him of the rest. I'be great
person, whose dut^ it is to protect his property,
IS the promoter orliis loss, and is the more un-
pardonable in it, as he turns that loss to his
own advantase. If it be a thing universally
condemned, for a person in the Earl'slate high
station, to borrow a suitor's money without his
Jcnowledge, notwithstanding he offers-a mode-
rate interest for it, because it is encouraging
the Masters, by his own example, to lend out
■urns with as much justice to otiier people, how
infinitely g^reater is this offence P If it be a
erime to put men's properties to hazard, how
nueh blacker is it to take them to one's self,
and incorporate the widow's mite with one's
own heap ! But, my lords, when such prodigfi.
ous sums were extorted from the Masters, could
it be any mystery how they were to re-imburse
themseff es ? For although they paid no money
•f their own, yet they made themselves ac-
countable for what they used of the suitors :
was it not an obvious consideration, that if they
dared pay for their employments with part of
the trust-money, they meant to traffic and game
with the remainder too P They came in Ijlasters
upon such terms, for no other purpose but to
pillage and fleece those under their care. What
must be the natural and unavoidable conse-
quence of lodging in their hands such uncon-
troulable and licentious power over their cash,
but that the first ill run would crush them at
once, and pave the way lo great deficiencies ?
But lest the prospect of so calamitous a case
ahould deter the most greedy from contracting
for a Master's place on terms the most inviting,
you will see, in the series of tliis affair, what
■hifls, what artifices were employed, to hide
•uch a miserable scene from the eyes of the
worU. For the Commons, in the next place,
charge, that Fleetwood Dormer, esq. having
emb«sz1ed great part of the effects belonging
to the suitors of the Court, died iudebte<l to
them in divers sums of money, amounting in
tlie whole to 25,000/. and upwards; that the
Boble lord at the bar has not made any proper
enquiry into Dormer's deficiency, taking no
care about his effects, but has endeavoured to
Jiide and conceal, from the suitors, the state
and condition of the office, and that this con-
cealment was, lest a public tliscovery of the
deficiency might lessen the unjust gains he
proposed to himself from the sale of the Mas-
ter's places. Your lordships observe here, that
one accusation is, a great and manifest neglect
in the execution and discharcre of his duty; a
wilful and deliberate neglect ; not arising from
the infirmity of human nature, but growing out
of the corruption of it ; mili^^ted by no one
shadow of excuse, but aggravated by the at-
tendance of inaoy foreseen ill consequences.
if an office abused in the most fatal manner, on
the brink and precipice of utter destruction^
was not a proper object of his immeiiiate in*
■pection, no wonder the most orosperous offices
did not deserve hit care ; what Master, w!)0
WM an eye- witnen of thm, wonM bo under that
decent and necessary awe of the preiiding per-
son, and keep himself within the just boondi
and limits of his office ? This, my lords, ii m*
deed a wilful neglect : but if you look on it is
another light, in order to conceal the dcfia«
ency,'that the value of the Masters* places
noight not be run down, it will appear, in its
worst colours, an artifice to support anil carry
on a fraud, a contempt of duty for the sske of
corruption. The series of the accusation wiH
evidently shew that the Earl's heart was set
upon this concealment : for we shall now fisd
him beginning to display his utmost ingenoity;
here was an accident, which, unless great cart
were taken, would entirely frustrate and Ust
up his designs ; were Dormer's defideoey di-
vulged abroad, and the whole body of ii
suitors (who had sure a right, even fron» 0M»
passion, to be taken care o¥} made aoqaaialel
with the ruinous condition of his office, who
would answer that the government itself bb^
not have been alarmed, and a public inspectws
made four years ago into- the other Masters' is-
counts too ? The ^dread of a public examioaliea
now overbalanced all other considerations; asi
as some of the suitors (whose intelligenee mi
sagacity were better than the rest) were deilj
pressing and soliciting for their due, the offioe-
money embezzled, no care taken to seeaie
Dormer's effects, all supplies and demasdi M
Wilson cut off by the wretched and imwairiBi-
able composition made for the suitors widuMt
their consent or knowledge: these distiisHi
and difiiculties pressing and surroundiog thii
unfortunate Earl, it was necessary some DCSr
sures should be immediately concerted to peep
and support this tottering office ; and therobrtf
my lords, you will now find him arming hiBH
self with the weapons of authority and ascoa-
troulable power, and playing the tyrant uadtf
the specious pretence and colour of duty. Fo^
tlie Commons go on and charge, that the ptf-
son at the bar, during the time ho was iM^
Chancellor, made an order for the Mastcis I*
bring in their respective accounts of the ciih
and securities in their bauds ; (a very prep'
inspection, no doubt, had it been well destgaed)
but your lordships will observe the charge i^
that this was done to terrify and induce Ibe
Masters to contribute money towards Dormer^
deficiency ; to conceal the true state of the d^
ficiency from the knowledge of the worU : ■>*
they further allege, that iu pursuance of tv*
intimidating order, money was contributed ^
that purpose, part of which we shall prove t»
lie paid since the Act of Grace on the lldi ef
August, 1721, and that those accounts vf* {
not insisted upon after that. My lords, 1^
proposal met with its deserved oppositioo fteA
the Masters ; however, the apprebeniioo ei
losing the c;ish and ellects prevailed it M
the point was carried, and the sum accordiDSl]r
contributed. AVhen your lonkhi|M have ei^
just now seen that tliere was a very visihleiiv i
designed neglea iu forbearing to enquire vt^
Dormer's ef^cts, and to go to the bsttesir
bis deficiency ;. is it to be iaaagined, thi< A*
fir Htgk Crimes and Misdemeanors,
A. D, 1725*
fbif Ike itatc of lii^ir nccoiuiH cnuM be
It 6f ri^biici* timl liiity ? No mnn can
»; Wort' iljey ever »jsis»cil upoo Blti?r
cnbifibutjori ? His lonlBtii(} knows ihey
irrre ; if lUe reJil 4hr&i;(ii fiun to search
IftOiiiiff lliem, it wns as proper a. time ta
W ll»c J till of AujTiiEt Its before ; noboily
tbey nere in a bettrr contUiiun, tb«
bill tbe fiiinie IVee power o( their cash.,
periofi Rt th€ bar had as tJtep a sense
*i»v «'>^'' '>>^r rlay, sure^ as before, if
' >oriiicr jBfave occnsiun tu
, ;u'Ji) into the gen* nil cooiJi-
it ofiices, how catiMi it about ttie
r carrM into practice, till his
y, out ol compMiiofl) ami paternAl c^ood-
to his opi>fe8»cd people, tr^^e directions
^"It endf rije deficiency of Dormer coti*
M\t and yet tbi! Earl impeached has
rcguiations in the offices, examinetl no
during the ninu lie rero«incd in that
; nor set up any ligbtSjor land-mark?,
\hY the preisrut deficient ]\fu;»ierii iiiii^bt
cfenred the rock* on \vbich they have
No, tjiy lofrls, this was only a pretence
eiTregulaliog' ; a dinsimuliv - '^^ 'ny, for the
concealment of [lo J mN, Be-
le proposal that ilm .U.: ...^ .liould cou-
to the patching up a dt ticiency in ano-
l<iffice, it unjust in itsetf, and faul in its
ioe» Can any liiinif be more repu^-
justice than to oblige one (ter^ou to re-
let of anotlier, incurred uitbout his
Orltutt? Or nliere is the advan-
to the offices in sjt'neral, allowing' il to be
U Ilornjer's dclintticy be supplied out
otiiceif, will not tliote otiices miss lliuse
and he as much irnporerished in the
i1, Mi Dormer^s is meniled in particular?
Jy, my lords, there needs no reasoning
ibb, t1 ''' - " speaks tii*elf* The Com-
Uki' i !i alu^rnatire in this Arti-
^Otafi«'red u. t,,. .,.siers cither to consent to
eonLnhutioii, or tu he itnntediatcly Gripped of
ushaui^ iilrris L sri ifi:ii i^.ujti n:i V in^*" down
> (jotirtned
I I -•» he pays
anil riioeivii Ins iea*te of knavery and
y ; his hooks may be kppt as close from
I'Unti as lUc honks of tbe Sybils, they cori-
ilikc the ilc^uny of mankind, and he may
R With atitbority to prey upon the proper-
of Ui« fatheilest) and i^iilow; and no doubt
Maiiter ar^ue^ upon as i^ood ifrounils as
Ili9 Doblo £rirl ; and (Hiochides, that if, for Uie
airamag^e r> f ' i s t tchemoa* the im pcac hed
kfi thinks > i';iioiuibi0 to ejitort money
liifn Ui..,^...i; to tbe «iiilonf, which is
W 19 bti faeatured, tt m&yt ^^th parity of jug.
u ikseent for liini to take itic same liberty
m casb loo, for tbe service of hi§ own.
Commons dotesi tlie corrupt practices
iml expect CK'cmpl^u'y justice on tbe
dor nt \\w bar,
loi l»^ t^'lie<l io a ifcniTal manncc
tlie m>i>< , . ^d artiltcis used in the
I hL i}Qrm9t*a Ueiidvocy, aod^ no
doubt, it must create an universal ostDtushmcnl
in yonrlordiiliips, ho*v it could ever enter into
ilie inmost recesses of hi» Ihuugltts, that so
^reat a caI aunty as this could |M»ssildy be for
ever hiil in darkness ; that so torn aud ghastly
a wound could ever heal of itself ; or rather,
ibal it should not by long tiegleot become quite
iocurable.
Your hrdships ivltl observe in tbe ensuing
charge, That Mn, Ivliz4heth CbittVy an unfor-
tunate widow, having obtamed an order iVoni
the Earl at the bar, by virtue of which Mr*
Edwards, Dormer's successor, was to pay her
1,000/. part of a much larger sum deposited iit
tbe hands of Mr. Dormer, and Edwards re«
fusing to pay tbe same, not having ^ultjcient in
his bands, out of Dormer's eifeots, t^ unswer
the said drmand, the impeached lord did
a^^aiu make use of the same artiliccii, and stra-
t age u>8 to compel the several M sisters to con-
tribute this further mm of 1,000/. to is top the
complaiuts, and stiHc the rourmnrings of Mrs.
Chitty ; and did abo intimidate tbem, by re-
presi'uting, that if the deficiency were kaowu,
a parliainentnry enquiry would prohahty eu^ue»
and the Maslcjs be deprived ot their otficc*, hav-
ing bought them contrary to law : ibi^ not taking
efleci, the Commons charge, That in order to
accomplish bis wicked and corrupt purposes, be
did himself pay tbe 1,000/. into Lockmau^e
bandf, for the use of Mrs. Chitty, saying, tliii
was the last motiey she was ever likely to re*
ceive, by reason of a dcticieiicy in IX^rmer' s oi^
fice. My lords, you sec tn're is a isecc^ud M~
tempt, a fresh endeavour to conceal the deii-
ciency by the aid and a (>si stance of tUe i»ame
mea^iures oiade u^e of before, but backed by
the terrors of* national lUHpection* The cimti-
nuntiou of these arts is no small f#resnmption,
(Uat the end tlesigne<l was unju*t m the Kurr*
ownjudgm^t. His coodemuation, in thiii in-
stance, uriscii find springs out of bis own argu-
ineots and conduct. If a public discovery of
thii« ileliciency would lay the tbundution of a
public and natiounl exiimi nation ; whiit s»fer»
what more ex^icilitnt measures could be con-
certed ami iaki'U, thau immediately to satisfy
Mrs. Chitty 's deaiandK 9 by the refusal oif
which, this pnldio diuicovery, so much, aud 99
justly apprehended, might come out T And
what stronger inducement could be lay tKffora
the Masters, why the bnnlcn of this payment
should fall uponihem, tiiau by shewing in Iiomt
fatal a manner that national exam mation would
ulfect themselves ? lie represents* to tliem
tbcir bavin;; ^i- ' ' ■' '' h (aud many
of them of hn fiance of the
imw, and thai a .. -., ...... i.. .i. u-ucero loavoid
tlie pit, in which they were likely to be swal*
lowed up. My lords, 1 lake this to be a plain
coutes!^ion of his critne : our accusatiott is^
that Ibc sale of these offices is repujrnaot t<»
law and justice; here is his own raauifest ac-
knowlcdgmtnl that it is wj, hut aggravated and
heightened by this tlagitiou» circumstance,
that whdst be' is reminding the Masters of thai
gudi wbicb be hiukScU ibftred, bedraw» uitf*
i
I
I
I
I
807]
10 GEORGE L
Trial of the Earl of Macdesfiddt
[808
gument from that very gaiH, why they
should assist him io a fresh offence ; and since
they had alrctidy offended ai^nst the laws of
the land, if they woald avoid punishment, the
best way of doings it, was hy a new transgres-
sion. You have Iiis own word for it, that he
knowin^y exceeded the statutable limits pre-
Fcribod by the wisdom of our ancestors, for the
safeguard and protection of the rights and pro-
perties of the British nation. If the buyer is
criminal, how can the seller be innocent f And
yet hi<( lordship, it seems, knows of no statute
iiow io being, on which judgment can be prayed
in this prosecution. It is this wilful and deli-
berate transgression of the laws that has opened
that fouutain of iniquity which has drowned
mod ]aid waste the fortuues of our fellow sub-
jects.
In stating the Charge thus far, it is evident,
that neither a wilful neglect of d^ity has been
wanting, nor a thorough contempt of justice ;
DO pains spared, no artifices unemployed to
plunge the deficiency in Dormer's office in the
ileepest obscurity. You have found him forcing
and wresting a contribution from the Masters ;
not such a one, my lords, as would equally an*
swer all demands on the office, but as a bare
sufficiency to satisfy the importunities of per-
sons for the present, and thereby lull others mto
a destructive and fatal security ; to make a false
shew and appearance of ability in this office,
nrhich the Masters were afterwards directed to
<1o in theirs. Your lordships shall soon find
him acting another part, and disheartening
Lockman from engaging any further in the
iparriage with Mrs. Chitty, (for the solicita-
tions of a weak woman to have her just due
night be easier dealt with) assuring him,
that the deficiency was such as must infallibly
root out all future hopes and expectations on
her account ; and yet the close of this Article
sets forth. That so lately as the 5th of Decem-
ber Jast, this Earl sitting then in open Court,
did, in a cause depending before him, protest
ani< affirm. That, for his part he knew nothing
of Dormer's deficiency, but as public news.
My tords, if truth and sincerity are not to be
found in the seat of judgment, where must we
look for them P Where shall we place our con-
fidence, if there is no dependence on the affir-
mation of a judge? Where shall we seek ex-
amples worthy our imitation, if the uprightest
places afford them not? But to pass over
this unpleasing scene, your lordships will be
pleased to take notice, that the unfortunate
])erson at your bar, in hopes still to cover the
deficiency, made divers orders on Mr. Edwards
for the (lischarging and paying the eutire and
full dues to some of the suitors, whilst others
were put off with an inconsiderable share. Is
there any thing more noble io the mind of man,
than a "^desire of distributing equal justice ?
Without equality justice is destroy^, and sa-
c iiiced to the passions and infirmities of men ;
and yet your lordships will find there is no vir-
tue so loVely, no principle so amiable, but must
be abandooed and prostituted to tlia carry log oa
this wretched scheme. Such is ever the mi-
serable fate of those who dij^ their hands is
corruption ; they engage originally in one vice*
only, but are forced to adopt and cherish aouiD-
ber of others to keep that one a secrK from the
woHd. For it becomes, at last, necessary ta
do injustice for the sake of security ; people's ne-
cessities, though they hiay be alike, yet are their
passions quite different, and a necessitoiis and
starving suitor of a broken and worn-out spiril
might be turned away from his lordships pre«
sence with a tenth part of his right, whilst osa
of a more obstinate make, and a bolder consti-
tution, would insist upou, and wrangle fortbs'
whole. This difference of tempers might fiM»>
litate, possibly, such unjust dealings for a timt;
but could this partial preference of one pevMs-
to another, in manifest contempt and violatM
of the rules of equality, be any otherwise si
service to this noble lord, or make any amends
for diminishing reputation, but by sti
the mouths and cries of the soliciting i
with such proportions as would go
with them, prevent the contagion from bveal^
ing out, and disappoint the application if
a public remedy ? You see plainly the mi-
senible consequences tlie sale of the Maslsis*
places has been attended with; the fraudnlsat
method of payment ; the unjust and nnoon-
trouled abuses of the Masters ; the great neg-
lect of Dormer's deficiency ; the unjustifiable
concealment of it ; the stretches of art and ia«
justice in the manner of doing it i it is one con*
tinned series and succession of male-adminif*
tration, calculated for the advancing the profit
and ffidn of the person at your mir. Your,
lordships would, no doubt, wonder else, why
so great a trust as upwards of a million of
money should be reposed in the Masters, with-
out some reasonable security on their part, er
some proper restraint laid upon them tor their
due and fair discharge of it, especially, since
Dormer had broke, and brought upon the suf-
ferers so fatal a misfortune : and this it is, my
lords, that raises the resentment and amaae-
ment of the Commons, who farther cbarsc^
that, notwithstanding the Karl well knew that
Dormer's deficiency was chiefly occasioned by
the liberty he assumed to himself of trafficking
and gaming with the suitors' effects, and that
the other Masters did, or :ul it in their power
so to dispose of, or othei w misemploy the
money and securities in tl - hands ; and, not-
withstanding a reasonabi and proper schema
was laid before him, wherel y the like roislbr-
tune might be prevented for the future, yet the
Earl never required any security, or laid any
restraints on the Masters, but laiX them to the
wide and boundless liberty of abuling ibcir
trust as avarice and ambition suggested occa-
sions. I will not enter into the consideratiea
how far it may have been the practice not to
require security ; 1 take it for granted, if i
has been formerly demanded, it was b
the presiding persons were vigilantly eze
the duty of their offices, and by tveqaent ia^
•pections into Iho Mastefs' r ^'^
JiiT High Crimes and Misdemianors*
from the exercise of unwarrBntablc
But tvere that otherwise, lati prece-
, itiv lords, will not justify omission* ; no,
BOr «stcnuat« ill em ; thou-jh I belie re not any
isMlUftee cad b€ producedf not so much as the
ippetrance of any, where it was so loflispeu-
miy and absolutely nece^ary as in thit case;
r va4 no need or use of any example to re-
I of it; common prudence tenches us
sity of providing against disorders or
the lime to eome, whitih our past
him QOGe brought upon ouradres or
it is the only atonement a n»an can
\ fo€ hi!i former Vaults ; and if the person
' &r had had at heart the leant intention
J the breaches mode in the justice of
irt «<rhene be governed, here was the
tunate opportunity of doing it : for
hips shall find the rery ?^Iasicrs
a, iQ a manner, importuning and so-
iim to tie up their hands by stich pro-
c^uiliibic rB&trictions, as woiiM put the
Bg foHnneif of thtir fellow- subjects on
at eatahlish merit. Had the noble lord
I ihii proposal (which will come more
^ within the province of aaolher gerUle-
fiwpen to your lord >ihips), the unhappy
lies in the* present blasters' offices had
unatefy prevented, the clamours of the
out u% had heeu stopt, and the nation
Hd not neci'ssjty demand it? The de-
t havoc couimittt^d since shews it did.
I oM the national voice cull aloud far it ?
B pfotectiiion of this day is su6icient tesii-
VVftK it not \m duty? Hure 1 am, it
1 have been his ha[ipine!i%5. And shall not
i roto of widows and orpltans plead for pu-
^iBeat and reparation ? The Commons rely
I your hardships* justice that ih«\\ nhiilL
my lords, there is a charge lieliind,
ntains ttiattrr worthy your ohserva-
^ta forth. That his most Kscred ma-
t of ' ' *' ' "idfiess 10 his peo-
f liavinjs d ry to be made into
UDtB <Pi i.ic 'viu>i*^iTtiiiCh*ioeery, in the
N'tven)ber lavt, the Burl impeached
^iiadrtce snd lutthority, persuade and
lo make false re[treaenlaiiims of
i^ounU and circumstances to his ma-
ul Ui assist one another witli
Pii to make a fabe nhew and ap*
i ot their ability, that a pHrliamentnry
tity tnifiht be prevented; and did oblige
I to declare in writing, at tlie toot of their
that tljey %vere able and willing to
llauce, altliough the Curt well knew
wure nut. Your lordships.
yu,
I anil ^
■iH^t ta di^
•t^» wht
la «tt and i
she holdnrsxuf
«te the gra-
>i majesty, to
^ that redress
and loyally,
] aimed in hiii
V :ii (he very
ur hi(n-
luf l^at tfi^tuiitioii torjiutice which
A. D. 1725. [810
the nation expected at their hands. Thedn
and ap[)rehcn«ion of par I ia men tury justice ia ifl
strong presumption ot his gudt. Why, m^l
lords, should pubHc enquiries terrify and dis«l
may an innocent person ? National ait] uittalsj
are eleroal monumeivty of renown \ tiiey ar#|
more glorious and la^stiug than pillars of marhla
ortriumpiial arches ; ttiey reuiain upon recon
lo iill posterity, never to he defaced by the lua
lice or teeth of time. Bui, my lords, as ther«1
are monuments of praise, so there are columnpl
of infamy, there are national condemnations!
well as national acquittak; and the noble lord J
must now take his fate in the judgment of yotitl
lordships, which he so much dreaded. It is aa]
evidence of a man^s crime, if he tlies for it ;
betrays a self* conviction in the party accused^]
in that he darea not abide a legal trial ; it isamMi
ther circumstance against a man, to be fuundj
tampering with a witness, and carries with [
some presumption ol' his guilt ; because no ia^
nocent persoa wants the aid anil assiataace of |
false evidence. Youv lotdshipa have seen bin
as it were, flying ffom his trial, and you will
now find him tumperiog and intriguing willil
the Masters in the most dangerous and artful |
uianner ; and that the iMafttf^r^ are evidenoeJ
and close ones too, will fully appear at your
bar. You shall find hitu colouiing uofl ^loss-
mg over the Masters' accounts, with touches
and strokes of his own, hoping to shelter hii_
own male-administration, by ptittin<f the viii^or'
of iiite^irity on theirii ; this is the glorious exit
he makes; thus he fint4»hc9 his impurttul antl
just Tidmini$lrtilion.
illy lonis, the evidence to snppoii this Charge^
wWi lie opened to you by the Icarnetl genlltmun
to wiiom the particular proofs aii? ai»<)i;tnt-d j I
shall not, therefore, take up your time in enf.
tertng u|>on thai which exceeds my pf^vioce al
i only beg leave to hope for your further in^J
dutgebce, while I make a general obaervatio
or two on the nature of the Charge.
The groundwork and basis of this noble pef^i
son*s crimes is corruption a thinir in privatir]
life tbe most deteMed, atid in public persons "^
the tuost malignant ifitluence lo the state. ItJ
deprives the crov* o id that wild strength and]
grandeur, ihatMhiiung lustre and beauif , whicb
a just execution of the laws reflects upon it ; it
disarms the people td' that security and salety
which iialurally flows upon them trom an iu»«i
partial ntu\ uuinterruplml adm in t miration ot juaaj
tice. The cofinequeoce of which will ever
the crown will lo»ie that proper revereoce i
veneration from the people which are its due ;
and the subject h, revtk'Mi and uneasy for want
of justice, wdl lay hold on the first omiortunity^
of throwing ofl* iUlegianoe itaeif. it brtngs
national rcjironch upon us ; anil, by sowing tha
seeds of discontent at home, exposes us to the
iucumions tuid depredations ot our enermca:
but. my lords, when it pruttrtK itveif under the
shadow of justice, and puis on tlie smiles of
innoifnce, it in hi;;li linte to rise up in defence
nf our violsted Uwii;, ami sit a public mark of
iofamy upon it. To what parposo are judge*
811]
10 GEORGE I.
Trial of the Earl o/Macde^ddt
[81i
and roiDisien restrained, by the provision of
acts of parliament, from sefiing' oIKces undt>r
tbeir protection and care, if men sball hide
themseWes under example in bar of the laws P
Will example plead for him ? Surely, my lords,
there are none such : or if there were, what
would that be but to defend crimes by their
own blackness and mali^ity ? As if a distem-
per wer« not to admit of any remedy, because
It is f^eneral and conUgious. fiot supposing,
for argfument's sake, there have been great
persons, his predecessors, who have ventured
ii|ion small presents and gifts on such oocasiuns,
does it follow, with any colour or pretence of
reasoning, because those have been confined
within the bounds of moderation, therefore the
extortion of exorbitant sums, to connive at out-
rageous measures and oppressions, exceeding
almost the fears of the oppressed themselves,
fcliould take shelter under the poor pretence of
precedent and example? Alas! my lords, I
am afraid example only operates according to
men's appetites and passions; else whence
comes it about, lliat example should have all
the l>eauty of an angel in tliis instance, and all
the deformity and horror of a fiend in another P
His gpvat predecessor * made no attempts to
conceal a deficient office in his time. No, my
lords, he had no corrupt purposes to feed. The
same noble person never ordered some suitors
their entire demands, and left others groaning
and starving under the pressure of an unequal
distribution; he did the direct contrary. Happy
had it been for this unfortunate person, happy
for the widows and fatherless, had he copied
afler the example of his renowned predecessors,
in their wise and upright distribution of justice,
as well as flown to their eminent names for
iHMtection, in the illegal practices wherewith
le is charged ! To what a low ebb is the virtue
and reputation of this uation reduced, if impu-
iiiiy shall justity offences ; if bribery shall re-
ceive a patronage from great examples, and
the basest actions be adorned with the same
lustre and honour, that are only due to the
most virtuous ? Hut, my lords, the Commons
have found him bargaining and bartering an of-
(ire,f in the gift of the crown, for the poor and
sordid advantage of an hundred guineas. This
is an instance wherein the very person of the
king is insultctl in the most flagrant manner ;
it is a prostitution of the regal honour and dig-
nity, by one who had the trust reposed in him,
as one of the joint guardians of the realm dur-
ing his master's absence : as if, too, there was
DO access to the throne for grace and favour,
no tasting the refreshing streams of that foun-
tain of goodness which rises in his majesty's
breast, for the universal comfort of a dutiful
and happy people, but by the assistance of the
most aliaodoned measures. Can your lordships
any longer wonder the people's properties were
employed to ill purposes, when his majesty's
prerogative is trafficked with and sold ? Could
* LordCowper<
t CMioftb0<
it be expected a poor suitor's right tboeld re<
main secure under his protection, as Chancel-
lor, when the king's were precarwut in the
hands of his own trustee P And yet, my lords,
how often, and how glorionsly has this nalioii
vindicated and asserted its own honour, in th
ruin it has poured on the heads of corropl
judges and ministers ! It was the km and iw<
feiture of all the landr and estate ef sir WilKiB
Thorpe, justice of the Ktng's4»eiieh, who wm
sentenced for bribery in the reign of Edw- S.
Nay, the sentence extended even to lowof fifc
itself, though that part has beeo thongfat Mt
sufliciently warranted, and should hafecpM
in imprisonment only. Every one knowi At
vengeance hurled on the earl of MiddlMB
which is to be found in the rolls of parlisMrti
This unfortunate earl, having delayed j^in
to the farmers of the customs, in a roattrn*
ferred to him by king James 1, and baring pi-
loted his hands with exorbitant bribes, «■!■§•
tenced in parliament to lose all his offices «U
he held in the kingdom ; to be for yveriDCip»
ble of any office, place, or employment in thf
state ; to be imprisoned in the Tower of Li^
don during the king's pleasare ; to be iwi
50,000/. never to sit in pariiameot any i
nor to come within the verge of the \anifi
court The case of my lord Bacon is MtMr
instance of the virtue and integrity of yowH-
cestors, in the abhorrence they ahewcd, ssd
the punishment they inflicted on that gitit
man's crimes.
My lords, if the offences committed bylhi
Earl, and those of the great persons just no*
tioned were compared, and the eonsc«|aeBea
naturally flowing from them, it would be fiws^
how much greater guilt is comprehended iatke
Charge of this day. I will not spend yoor lord-
ships' time, in enlarging on a distioctioa k-
twecn bribeiT in an office, and bribery brt*-
lour of an office ; between bribery in a jiAdri
way, on account of judgment in causes, ni
briberv in the disposal of offices, that oosen
the administration of justice ; but only obserii^
that the sale of the Masters' places, aocon^
nied with the circumstances i have already c»
plained, is attended with more miscbievoosiW
oppressive consequences to the subject, tbaii
judge's accepting a bribe in causes depea^
before him. By means of the latter a peiMS ii
put to an extraordinary ex pence indeed toeoBi
at his right ; or if he is deprived of it by a cv
nipt determination, yet still there is anotberir
source ; and his happiness is, that he may if"
peal to pariiament for redren. But the cotfi'
quenoe of the other case is, he ean eome alii
right at all ; his money is embezzled and Ml
tl^ Master runs away, the ChanoeDor is ia iMT
secret, and there is no remedy left. ■ Is it fl^
excuse to say, that the Master is liable ts *|^
swer for his own frauds, and not the impeiA*
ed lord ? 1 beg only to put the fbHowing ctflf
If a keeper, who has andertaken tb« can tf*
management of a mid man, wilfallj wtj/t/^
his doty, sees the disorJeied persoB fMf J^
doniKMerpUddocs aoi iat«rpq«|| iiMi i^
»W}
Jur High dimes and Misdiynednors.
A, D, rifs:
[SI4
keeper res|>oiisible ? Sorely, my k*ri(Sj by the
law of reason he ougljt. But v^hntif the no-
ble lord did not ibreseeihe roiscbiet*^ nod yet be
the oc<^xi$ji)i) ol it, from the exercii^e of an un-
Iftwful act ; there is oo queBtiOQ but he would
rjia answerable. A person ititenda to rub I he
l*% forest^ and shootiojy at a deer, kills the
er, is not be guiUy of nnirdcr ? No doubt
becau.se though he did not intend mur-
, yet the act he was about, wan an unlawfui
But, my lonJs, the person at your bar has
\ this excuse ; he foresaw the consequcuce,
1 [iXA intention waa bad.
I' hen the Commons consider the h»gli sta*
in nbich thi» nobte lord was [daccd^ the
^ ly signal marks of his majesty's favour and
pniliccnce bt>towed upon him ; the notorious
ch and ?ioiation of his oath, and of the se-
1 ^eal trusts re [*osed in him \ when they
^e I bund him pnistituting aud abusiog^ the
thorily and dignity of the crown, traraplitig
bo the laws and statutes of the realm, de-
ibying and confounilini? the pro(*erlies and
Dl s of d i V e rs of h is m aj es ty ^» s u hj ec is ; tlie
timoiis could Dot ait still, atid see Ihi^? £>^rtat
er triumph ii^ the iuxury of unpunished
aes, without ustu^ their best and must ef-
Hual endeavours to briug" him to punishment,
1 to make him an example of the jusiice of
\ [weseot age, a waroiug and a terror t^ times
Be.
Kf Cicmeni TTear^, (Solicitor General) My
I have hkewise received the commands
Ftbc Comumns, to lay before yrmr lordships
i evidence, in maiotenaiice of the Charge of
B^k Crimes and Miademeanon against Tbo-
learl ol Alacele&Geld.
he nature f»f the Chanre consists,
lln dlej^ally and corruptly selling and dispos-
K of offices, which concern ihe at jminist ration
l|iistice ; in usin^ and pructisiintj^ many inili-
land unjusiitiahle methods for the keepiog
^tbe price of <>u€h offices, iu order to advance
Iowa unjnst^in.
My lords, the honour of every (fovernment,
1 tlie bappinei^s of every nation, depend upoo
hing more than a strict impartial adnimis-
'oi\ of justice; and the justice of every
t depends not only upon the npriihtiiess of
ijudi^e that pronounces the decree, hut like*
ujion the honesty and uu corruptness of
iksfter officers, who are assistant* to him^
i iipoD ^ hose reports aud represeutatiotis hi^
ers are founded.
vr%B dtmhtless from a just sense of this,
\ the legUUture, in the fith year of Edward
\ order lo prevent such a corru|it baj terio^
affices, which waa before that i^atute,
[ law, wisely provided, that where any
which concerned the adniinistration of
, not excepted in that statute, was pro-
rd tor money, the office sbouUl becotne void,
I the parties concerncnl in the corrupt bar-
nyn dif<nMed from holding it,
j^J'he Court of Chancery, in which the Earl
Hbtdedf Oiust b% tdlowed, with regard to the
number and great value of suits instituted ther*^ j
to be by far the most eoDsiderable couit of jut 4 i
tice within this king-dom. ^
The Mastei-s of Chancery are (next to tltftf
person that has the custody of the great
aud the Ma^^terof the HoHs) the great officen
of thdt Court.
They are, by commission tmder ihc gresC
seat, associated with the judges in beariiki'
causes, and claim a ricjht to interpose their < ^
oionsin the mak mg of orders and decrees utidoC J
that commission. 1 1
They are entrusted by the Court to state m^\
report matters of fact, upon the trulhand fuir«
ness of which reports the justice of the decreq
of the Court must depeniL They are sworn t '
advise the Chancellor himself.
Aud of late years they have been cntruste^j
with the eflfects and estates of the suilorsof tli« J
Court, to an immense and incredible !»urD,
My lords, ^reat part of the Charge agains
the Earl consists iu scttin^r up those places; till
sale, iu usiug unwarrantable methods to encou*|
rage pure I lasers, and increase the price.
It is matter of great surprize, to find in hii
lordship's Answer an insinuation, that it is no
illegal, or against any statute, to sell those (
ficcs.
Surely, my lords, there are no places thafl
concern the administration of justice, more Irr *
proper to he sold from the uature of them,
the selling of ivhicli is more evidently agains
the statute of Edward 6, than the Masters
Chancery, unless it be judges themselves*
But it must be owned, the expressions mad
use of by his lordship, are conceive^l in sue
doubtful terms, that it is difficult to know whe-
ther he intends to represeut the lawfulness of
selling those places for a price, or only of
taking a present whicli the party gives freely,
voiimtarilv, and of bis own accord, and wbiclii^
his lordsGip says his predecessors used ta
take.
There possibly may be a difference betwe
a present and a price j if there is, it is the lati
his lordship is charged with taking ; a pric«
fixed by his lordship, insisted upon, ha^;;)e
for, and with iinwilliugoesa [vnid by the pur
chaser.
But, my lords, even this may be sahl
he nothing more than an otfence against tlii
statute of Edward 6, whi'cb, as it creates thi
offence, so it prescribes the punishment.
Where the person admitted to the
is In all respects equal to the great trui^t repose
in biro;
Where the price ^iven bears a proportion i
the lawful gain arising from such office, tbei
may be some pretence lo say, it is only an of
fence against that statute.
But if persons are admitted to an office, hi
which they are entrusted^with near 100,000
and give as much, or more,fnr that office^ tba
their whole substance amounts to ;
If the price they give is greater than ea|^
possibly be given, by one who would be con-J
ftU]
lOOEOBOEL
Trial tf^ EarltfMmtnftU,
HMft priee k piid ibr •«( of the ndiMy «r the
mBU«n of the Court; tf; to make Om dBeem
mnoidi for giTing mta octrafigoot prieef,
IhoMn eoonircd iit» indulgod, cacoorafed to
Inno witli tiM nioBCj ond eftoli of tbe luHon
<»f tho Court, Mgod fnthUiam ftr aofeeno-
tody ooly ;
' 'AMfaaooMtiiiiifir ■ovethtiibMrijanof.
fence ■giiul tlw ilaliite of Edward 0.
Tis tdliiir a lieenoo to aboae and dafimod
tlie anitoiB oAIm Coortt and inaldng the auiton
IhenMrivee paj the price of thai licence.
' It k Ifaii the Coinnlona have cbamd the
<aricf Maeeieaaeld withaL Andthb rarelj
ad aganiat ieme law or staftnteui
*1R
(ylorda, tiieiDooBaeqoenceeoftiiia prae-
Ilea am f «7 ohfioiie ; the leaatof theas ka
Mayof jnancet-ftnoithellaalnrs otinjriliiftB
and iMcoiCi to eontmoe that money m their
iMnda, whidi th^ are allowed to make a gain
fey, and whidi, probably, when called Ibr, may
fen leeked np by aeme naiaidotte eontnct
But the moetlatal conaeqnence », what can-
not be mentioned or thonrtt of, withottt leeEng
itbm graatart compaaaion ror the unhappy people
noncJwuid hi il, the Ion which the auitora of
the Court are likely to anatain by it. The
fcadard -waa all theirf; but diegam belonged
toothera*
My lorda, whale? or ezenaai might be amde
Ibrbua lordahip, from the greni earie^ of bu-
oinem hia high office en|ri^ him in, which
might |irefent hia attendmff to Ihoae tiiingB;
^mt happened in hit tordriupli thue,
; to awaken the
When Dormer withdrew fiwm hia office, the
MaHara themadfea were alarmed at it
When it appeared hb misfbrtnoes were
brought upon him vkj trafficfcmg with the
money of the Court, and lending tl to gold-
•mitha at 10/. per cent, they expreamd a con-
nem Ibr the auitora of the Court
And to prerent the like miachief for the fn-
tare, a propoaal waa made to hie hMrdahip by
one of them, thai the Maatera migbt gireaome
aacarlty for the nuNiey in their handa; thai
the eflmcta might be put in the name of more
than one Haaier, to prerenl their beiDg traf-
■cked with* ^
Thiamiglil hare prerented the miachief for
ihe future, at leant in aome degree.
- But who then wonid ha?e giTon 6,000^ for
Hiepnrehaae of hTacaot placer Who would
haregircn 1,500 gubeaa to procure anad-
For Iheie reaaona the Conmiooa charge,
the propoaal waa not Haiened to, waa net put hi
nirecution.
- My lorda, another accusation againal tiie,
Vorl conaiata in hia amusing the amtoni of the'
(Pourt,withaftlaerMMreaeniation of the"
iera* anhalanoe, by OMariiig from the
IhM *^ were amn of aa good
have been a great honour, had all *
really deser? ed it
But itaurdy refleda diabononr, I
time when scarce wny one peraan,
il,.oould ^re credit to it
WhenU waalheauliiect ofcomn
cation, that one-third of the Maaten
as much, some of them more, for ih
of their piacea, aud lo procure theit
than they were wOrIb in the world
of their purchase. Ai)d the person,
sake the oompliment waa amde, lea
il of any ; harutf but hvlely been a
a coudUp, nominally diachai^ged bjr i
hia brother into hia place, aid havii^
large arrear, aoon after he got thi
the auitora into hb handa, out of thai
But there waa then aBlIaater*a
cant.
Hia lordahip ia finrther charged
deai^onring to conceal the deficienc
mer'a office;
With making a trifling, precaric
aitwn, for a large debt aasigned for
of the anitor, in a rerv unwarrantabl
With makinff ordm for the pi
money out of &al deficient office, ^
gardio the other aoitors, who were
a proportion of what waa left.
Hia hnrdahip aeenia to intimate, thi
thought there wooM be any defidei
office, but ia under a full persuasi
would be made good.
How that ia conaiatent with h
1,500 gniDcaa from the danger of a
in that office, t aball submit lo your
but aurely the manner in which -Doi
drew was a stroog symptom of a
when the Masters entrusted to secure
found little more than the debt frora
answer a balaDce of near 40,000/.
WbQi that fund was reduced to i
a composition made for half that s«
beggar, who baa aioce eacaped out o
abioonds for debt
From whence those foil assurai
ariae, we most wait to hear from his
That his lordship did endeavour
this deficiency, ne«ds no other proo
not doiog any onead in public relali
Had Mr. I>ormer's person been
sacred, by that extraoroinary pron
cnrit^, mentioned in bis lordship's il
he might hare been examined upon
lories to discloae his efiects.
The suitors might hare had some *
have used their diligenoe in disco
estate, and prerenting any conceahn
Nothing of this doue, but on Itie
upon an application by one of the
hare his monev transferred to anolii
from an apprehension of loas, after D
abaented himself from the oflhMkiA
formed ftwn the bench, llwt bfe
the Master only go«n«o«
diaMlJIbnwnLT. ,.
•17} J^ Hig^ Crimea and Misdemeanors.
his lordihip
A.D. 1725.
[818
wilh the tn^^^ privacy belwe«i
«lid the Masters.
OnJ^r* were made for the payment of money
^ul orthatoffiee» a« if it had been clear from
dll suspicions of lo&iS, contrnry to th^t rtile uf
cqciality, which is a futnlaiiieiital principle of a
^ourt of equity, that where »e?ersl persoti^
bftve demuntis out of a fund like to prove de-
fici^nli they must bate in pro|K>rtioti.
Aad altht«U!^h, uhere that fuod ts in the
[ids of private persons to l>e paid hy thrnn, it
be iDteNIg^ible to talk of judicial koovr^
e, nod mi€J-officiiy declaratioii of au avc-
where the fund is in the bands of the
ourt, the payment m to be made by the Court,
the loss sustained ivliile tlie Cotirt was pos-
of that fund.
ry knowtedofe of such loss is judicial^ and
>oiirt ought iu jusLicei by what means so*
the knowledge of that to^s comes before
Court, to direct ihe payment in proportion
here js but one Article more that I shall
; particular notice of, whereby his Lonlsbiii is
— J ^rjtlj endeurouriog to di&appotut his
j'B gracious intent of having' the ac-
[ita'fif the Masters, and ihe state of their office
lired into.
\ lordship, to put a stop to such enquiry,
aided several i>f the blasters to make a'
ppearsDce of substance, and a sheiv of
I to pay over the mooey and effects of
ors of the Court iu their hands.
[This was not only a breach of his duty m
lliilicetlor, but a great violation of tltat high
Mt reposed in htm as be was a privy- conn >
r; and if his lordship did at the same
in eouneil seem to promote every step
I ihere, that is a very great aggravation of
_i crime.
Much, my lords, is the tiature of the Charge
Tich the Commons have exhibited against
eearl ot Macclesfidd ; which they are able
I otake good by plain and clear proof.
* William Strickland. My lords, the gentle*
V ho have spoke before me, having fully
fd to your lordships the general charge
nst the earl r»f Macclesfield, it is my pro-
e, and that of the gentlemau who is to speak
' me, to open the evidence we shall produce
i good the several facts contained in the
iif Sixth, Seventh, Eighth, and Ntnih Arli-
but as llie Ninth differs very much in its
Ktimstanoes from the other four, 1 shall say
r to Ihat Article, but leave that to the gen-
I to whom Ihe opeuing of these Articles
is likewise atloited.
My loriU, we shall shew you, that notuitb*
Hand in If the many great and beneficial favour^!
btsl'iwed upon thin Earl hy the bountiful
hAod of his majesty ; and all those honours
^oHerred upon himi>elf and his famiJy i the
dignity of hi» high offioc, mind the great trust
re|>€ksed in him, have been prostituted, in onler
lo satiate a bo undlifss appetite f«r unlawful gjio.
VOL. XV J.
This I shall now particularly procerd to
shew, by mentioning to your lordships, iu ili^,
first place, the several grauL^ which tlie Earl,.
in hia Answer, hasowne<i to have received;
and, afterv.ards, by o|)ening ihe evidence the
Cfiiiiiunns \*ill produce, to mak? gc»ml their
chartfe coulamed in the Fifth, Sixth, Sevt-tilb,
^ud Eighth Articles abuve-mentioui.d, *»hich re-
late to the illegal and corrupt admisicion at four^
Masters in Chancery.
The $rst beneficial grant the Barf, in hii^^
Answer, ouns to have received from hi^ iiia«,
jesty, liefore the honour of peerage was tt»n-
terred upon btm, wa^^ 1,200/. a y^ar granted la
him and his assigns, durin^ (be life of hi8 ma-
jesty, in or about June 1716; in the next
place, that in the year 1718 he was create d
Lord High Chancellor of Great DiUain ; and
that at the same time, his majesty, niu of his
royal bounty, did lieslow upon him 14,W0/.
and likewise granted to his eldest son, now
lord Parker, an annual pension of 1,200/, pay-
able during the joint lives of his majeiity and
the said lord Parker, but determinable when-
ever he should he put into possession of one of
the oiices of a Teller in the Exchequer for iite,
and nhjch o^ce he has since obtained ; and
over and abfive all these great and beneticial
grants, the usual salarv of 1,500/- a year out of
the Hanaper office ; the other great profits and
legal penjuiaites of bis high office, the Earl
owns to base had an allowance of 4,000/. a year.
As these were all marks of the greatest ho-
nour, esteem, and confidence from his great
and muuiUcentbenefactor; so surely they ought
to have produced m him all suitable returns of
gratitude, by a jast and impartial execution of
the trust reposed iu bim» to the honour of his
majesty, and the good and welfare of bis sub-
jects.
Bui, my lords, the thirst of gain was predo-
minant ; and in pursuance of that, he did, in a
manner hig-hly derogatory to the dignity of tbs
office be tlieo bore, illegafly, corruptly and ejt-
torsively, by himself and servants, treat and ha
ler for the sale of offices of Masters in Cha
eery, which offices concern the administnitioa^
of justice ; and, in the same manner, did takft
very great sums of money fur Uieir admissions
into the said offices.
I must take notice that bis lordship, in hts
Answer, does not deny to have taken all tb«
several sums laid to his charge by the Com-
mons, on the admibsiou of the Masters, men*
tioned in the Articles of Impeachment, to the
respective offices ; but alleges that he look*
them as presents only, freely and voluntarily
given, and such as had been usual on such oc«
t'aai«in». But, my lords, we shall shew yuU|
that the sums of money taken by him were
taken iu the manner alfeged in the Articles;
and, by Uie evidence i shatl now open, your
lordships will see bow very fUfferent this mat-
ter will appear from thai wbicb the Eail Mould
insinuate m his Answer ; I shall begin by
opening the evidence to the Fifth Article, whrcii
relates to th« ilUgml ftDd Mrrupt admiiiioA tif
4
Slff]
lOGEORGfil.
Trial of ike Earl ofMacdexfiMf
isa
Bf r. William Kyoagton to the office of t Mu-
ter ID Chancery, in Aorart, 1791. We will
•hew you, that before Mr. Kynatton was ad-
mitted to be a Master, be was advised by Mr.
Rogers (with whom he had theo contracted
for the sale of his office for 6,000/.) that the
{jord Chancellor would expect 6 or 700/. for
his admission; anon this he applied to my
Lord's secreury, Mr. Cottinffham, (who ap-
pears to have been the Inrolcer nn all these
oecasions) and desired to be recommended to
the Chancellor for that office, and told Mr.
Cottingham, that if it was necessary, he could
obtain my lord Bradford's recommendatiun ;
the secretary only answered, That another
Master had given 1,500 guineas on the same
occasion; Mr. Kynaston then offered 1,000/.
Cottingham replied, He could mention notliing
less to the Lord Chancellor than 1,500/. ; but
being afterwards asked by the person who was
to pay the money, what sum would be insisted
on; answerei). It must be 1,500 guineas; no-
thing, it seems, was to be abated » for this (Mr.
Cottingham told Mr. Kynaston) was one or the
best offices ; being the fullest of money and
aecurities— Money and Securities, my lords,
the property of the suitors of the Court ; and
how fatal the Masters making use of such mo-
ney for their own profits has been, in order to
reimburse themselves for the very great sums
paid for their offices, is now too severely felt by
noinlM'rs of helpless orphans and irfjured sui-
tors. Mr. Kynaston, however, seeing no pos-
sibility of admission without paying the whole
snm of 1,500 guineas, complieil at last, sent the
guineas to Mr. Cottingham, who afterwards paid
them to the Chanoellor ; and the next day Mr.
Kynaston was admitted and sworn a Master.
J come now to open to your lonlslii|>s. the
evidi-nce which we shall pro'diice to make f;oo<l
the Sixth Article, which relates to the illegal
and corrupt admission of Mr. Thomas Beuiiet
to the «»ffire of a Master in Chancery.
Mr. Thomas Bennet, about May, 1723, bar-
gained with Mr. Hiccocks, then a MastfT in
Chancery, for the sale of 1 1 is office, at the price of
7,500/. The next thing to l)e done, was to ap-
ply to Mr. Cottingham, which he did, fUsirinnr
Xooe recommended to my Lord Chancellor for
that office ; Mr. C'ottingbam did rr cnmmcnl
him, and told him, that the l/m\ Chan^elior
had no olijcciion to him, that he knew liis fi-
ther, and should be glad to oblige him ; the
compliment, however, ended with a pniposltion
of a present, as he called ii,and said, he indeed
would name no sum, but that his brother, then
a Master in Chancery, and Mr. Godfrey, wo::ld
easily chalk out a method for him. Air. Ben-
net, my lords, afler consul tinqf these gentle-
men, olffered 1,000 guineas ; Mr. Cottingham
shook his head, and said, he did not care to go
to the Chancellor with an offer of that sum,
that more had been given, and he hoped Mr.
Bennet would not lower the price. Mr. Ben-
net gave some reasons why he hoped lord
Macclesfield would accept the 1,000 guineas,
abd laid be lUd Dd care to giTe more ; Mr.
I Cottinffham again told him, he did not cue to
go with that message ; upon which Mr. Ben^
net asked him what had been given by other
Masters ; Cottingham tok) him 1,500 gnineai.
However, Mr. Bennet again desired he wooM
go to the Chancellor, and said that if the tain
he had offered would not do, he would give
1,500/. ; Cottingliam desired to be escnsed
from j^oing on that message, and said my
lord did not love haggling ; and that if Mr.
Bennet woald ^ve no more, he mig^t lose tlie
office, for that if the Chancellor shonid refiM
that sum, he would not go with any other oIRr,
Upon this, my lords, Mr. Bennet, at last, en*
sented to give the 1,500 guineas ; and this nil
appear to nave been what the lord Macclesitf
calls Mr. Thomas Bennet's free gifL Thegnhiit
were paid to Mr. Cottinpfbain, who paid thenli
the Chancellor, for which Mr. Bennet wui^
mitted into his office, which appears to boi
cost him 9,075/. and that very sum, npoothe
making up of his accounts, appeared to hare bed
wanting in bis office, for the making up of Ul
balance due to the suitors of the Court I nuot
take notice to your lordships, that tbe M
Macclesfield, in his Answer, alleges, that (In
said Kynaston and Bennet pretending tbcj
were disabled from answering to the suitonif
the court, so much money as he had taken ftoB
them at their respective admissions, tbe tuL
Earl did, before the Impeachment, pay into
the Court of Chancery, for the use of the sntoa
of that Coni*t, the two several rams reoehcd
by him fmm Mr Kynaston and Mr. BcoMt;
but, my birds, that we shall shew to be agrM
mistake in the Answer, for we shall prove tbt
said sums were not repaid by him till after iIm
Impeachment, and after they 4iad, by affidtril,
charij^ed the payment (»f thesp sums as one CSBK
(»f the deficiency in their offices.
I come next to shew the manner in whidi
Mr. Francis E!de was admitted to his office «f
a Master in Chancery, which happened in F^
bruary, 1723, U|)on tlic death of Mr. Fel!o«i;
we shall shew y<»ur lordshifis. that Mr. EUi
nnplicd personally to the Chancellor, whotioU
liiio he would treat with him in a diffeicnl
mannf^r tV im anv man living ; in two or ilnci
days af'ror this "he applied again to tbe EiH
for the f>^^(', and tiien did mention a sum ^
4 or .'i,OiiO/ p\v lord told him, Mr. Hide and I
must irn imke ivira-ains. So, my lonls, Mr.
Eldu aftei' tiii^ went to Mr. Cottingham, u^
told l)i).> '-i' \y.^ intention to :^ve the ChancfH*
r>,orO/. .^Tr. CnMin<;hain adviseil him to makl
it ftnin^vss. Ai'd, in pursuance of thi« adviofi
Mr. C!d.' did, on or aiuuit the 1st of Febraiff
1723, carrj' to tlie said lord Mar^slesflelil^
lion.so3,G00 «;:Mini->as and C,100/. in liank-DOtC^
iiiniilcd r.p ii) f<;!tir!i h/isUrt, which he sent 01
to my lod l»y ^i.. roU'mrb.im, who left it witl
hi:: lori?.l:i^i, l:'>';i:^ht doivri word all was wcll|
and wiiljitj a u.\y < r tw'.» atW Mr. £lde w*
sworn into his ol!i:o.
1 would ohscrve upon this, that a pmtflli
which might have been innocently made,aadlfc
innocently received, had needed bo sneh i '' ''
Jor High Cfimts and Mistkmemwrs*
^heiraii r> \) ■ 1 by ibearjpre-
pBof " !<i the f oice ot iUe
* f^^ ' lat in tamo tig manner
-iei!» u* C.lmocery ; and there-
, my lords, privacy was now
to be Ihouglii »» necessary f U»ai the
^mtary birogelf. tlivu^b cToncerned iq the
n, WAS kepi i^aioraafc ol' ihe cooUnls
kel.
f? ntxi to open the eriJeuce we will
10 prove the illef^nl and corrupt ad-
I af Mr, Murk Tfuirsion to be n Muster
ficcry» a.fi it h hid in ibe a»b Arlide.
cdetl Mr. Borret about tbe Mh of
I last piAt : and, my toids« nutw tttHtand'
Ihe earl of Alacclesficld alttfirea in
fver, that he was informed by Mr. God-
Mr. John Ben net, that there wwh like
bo defiriency in that office, we m\\ shew
'rdslnps, that More Mr. ThuriJtijn'ii ad
I thei-e s'VHi a ureal uonlu^ion in it ; and
lordship must have foig^ot himself,
! says he ever was ac<^uaiuied hy tlifwe
ft lent, that there was like t(k be no deli-
r ID that tiffice.
Hi, m V lordh, ihe Commune will produce
, tfiat^ nntH«thsi3indin^ f^ * - r -^
t alrcsidy siistAined by Un
^«i(' ('Kni,,.. r V Ji ,.,*, rl.e ^It ..; ,r,.c.. ,-:,», I ,,
L'eSt the great etin-
t' {id itj ^vhich there is
aicy of more than i(),000/. yd, iti ihe
knlawful piin^uit of ifuin, hi^ did admit
' rk Tiiunnton ui the utfice of a Master
Dcery for the sum of 5,000 guineaa.
} manner of ii wan thuit, my lords,
ThursioQ, upon Mr, Burret'i deiith,
UI Mr. ( t uliuiU that oflice,
price n^ i bnwixt them wait
ultieafli . iient lord Mac-
Iwaa ic<i fned to agree
Jjut afv— uj>i>n a report's bein^
.thiif -le^fidd dejiigiied to give
< r , Mr. Thnraton (well ad-
* d to l«dy Macclesfield,
atfuts used to persuade;
I in his favour, produced
^ HI hank-notea, which had
reti ellect ; my lady wrote^ and Mr.
ifi two or tlkree dayu wan ad m tiled to
t will make this reoaark upoD this
ion ; thai the taking iurh an extra-
it mum nf iTioitey for an office^ in which
1^ 0 a gr«At d»'ficiency, wa»
light bUfnfle«»9 even by
:, iniLt it tooki as if this way
.ij be found out, in hide this
---^ the secretary, who had
i : and, to tAc all cause
||b|btf^.u>. ' ^''^n, b« was ordered to
^^^blo 1 froia Mr. Tliun^ton
^Hpcoufii V x-Li ^lon ; which he oh-
^Efr4 an rctigiouaJy llial I think he scrupled
mko bta uwti tecs.
IWofc I €0i>da4t, py i^tdnt 1 inu«t i^e
I
notice of tQ etprewion iti the EarPs Answer to
the two last articles f have mentioned.
That, of the money he received from Mf ,
Eide, he retained no more than l.HM, and, qf
that received fri»m Mr. Thurston, no it¥»re than
2,O00/. By this), I presume, the world is to l>e-
lieve, the Earl made an immediate restitution of
the remainder of the money : bm, my lords, we
wilt shew you> that no money was retiimed to
31 r. £ldeidl November last, a timelhat he stood
in need of it to shew aud produce his baluvtce;
nor to Mr. Thurston, till October last, at which
time it was evident nn '- i ■• -• - .^.. . i -. .^^t
to Ihe infamous praci le
suitors^ money; m . — ^ ^ ^^ ,,,..,. ..;.ue
would puttho^etwu MHSteiHoutof a posstbdit^
of reimbursing' themselves the great sums so
lately paid for their orticei.
My lords, the fle]cl ihiu^ we t>haU prove will
be, that in ail these transactions Mr. Cotting-
hiim has actel by my lord MacclesficUrs im-
methiite directions ; and when we have proved
thnt, atid the several facts I have |iow opened
to )our lordshi^is, I doubt not hut you will be
of opinion, tliiit we have folly nmt\e out llie alle-
gallon* in the Fi lib, Si 3clh» Seventh, and Ei^^hth,
Articles, in their utmost extent ; and thut th^ saiU
' 'f has* taken the several sums liiid to hii
I Ufe, illejfally. corruptly, and extorsively, i^
... ^^iU and viobition of his oath as Lord Chan •
ceJlor,and of tbr ^reat trust in hun reposfd^ con*
tniry to the duty of his otfic<t« and ii:fam)it xUm
good and wlioleaome statutes of this reiitm.
Mr. Doddington, I^Jy lor(k, I am com-
manded by the Ctufimuus to j^st&t the t^entle*
roan who spoke bHbre m«, in niskuig tfood
the Fifth, Sixth, Seventh, Eiirhth, and Nuith
Articles against the earl of Macdt^^tield, wbieb
relate to his luking money for *t|fiet^.
The Cotnmon»»1ook upon tius part of their
Charge as a necesj»ary foundation of the whole,
because from thiii insMtiute denire of gain have
spnuig all the evils and nii9maaagetuen|a
charged upon the Earl ui the re«i of the Ar*
tides.
I'he Charge against the Earl in four of these
Articles is in short this, that he took <«evenil
great sums for the adminsiou of seterid per-
sons into the otHce of IVl*iaiers in ChunccTy;
and that he took th^-tn illegally, exiorsively,
corruptly, in bnsah and violation of hia oath
ai Lord Chancellor, and of th« trust in bim
reposed.
t^I V lonk, these facts have been so clearly
stated to your l^trdsships* nud the exior^ivt- and
corrupt manner in which they wirt* c(uuriiitu*d,
iu breach of his oalh a*i Lf«)rd Chan<-ellor, no
strongly iuforcetl by the grnileman who spoke
More me, thnt I 4iall not trouble your ba4*
ahipa upon tho^e heads.
As to the illt*giiliiy of «iuch pracitcrs ; that
has l»ef0 laid before your b»rd».hips by tl*e
learue^l genileimin who i»p**netl the genernJ
Charge ; and, i ib» o«it ilinibt, wdl l»e furlt»er
ex plained by oiUer gentle men to your h»rd-
•kp«* ntiMaction; but wlisii Iht Earl m
I
I
flSS]
10 GEORGE L
Trial of the Earl oJMtude^M^
I]B8I
pleaifed to say, in his general answer to all
these Articles, *< That he ho|ie8 receivinij^ pre-
sents on such occasions is not criminal in itself,
or by the cominoa law ot* this realm, and that
there is not apy act of parliament by which tlie
same is made criminal.'* Though I have not
had the happiness to have been bred to the
protessioo, I must beg leave to remind him of
the statutes of Richard 2, and Eilward G. as
to the statute law : and by all that 1 have ever
heard, or can learn, tlie whole tenor and mean-
ing of the common law does disapprove and
condemn such practices, (though possibly it
has not been an adjudged case). And the
•tatutes 1 have mentioned are one proof of
such meaning of the law, to me, at least, who
have always looked upon them to be com-
ments and declarations, made from time to
time to explain and enforce such construction.
Putting up offices of justice to auction, my
lords, is repugnant to the dictates of plain
reason, and consequently to the whole sense
and spirit of the common law of this realm,
whicn is founded upon reason ; and in this re-
pugnance to the intent and meaning of the
law of the land, lies this offence (in my poor
judgment) as to the illegality of it.
We hope therefore, milords, (when we have
given our evidence) that it will fully appear to
your Uirdships, from what we have opened,
that the oarl of Macclesfield has taken the
sums charged upon him ; and that he has taken
them as they are charged in the Articles, ez-
torsively, corruptly, illegally, in breach and
violation of his oatli as Lord Chancellor, and
of the trust in him reposed.
I am now come to the Ninth Article, which I
am commanded to open to your lordships ; and,
indeed, it is a most extrannliiiary instance of
human frailty : the earl of Macclesfield here
is not charged with taking money of a person
ivho received an office from him, but of one
who quitted an office ; not for an admission,
but for a resignation.
I believe this is the first instance, my lords,
where any person, on the other side of this bar,
was ever accused of forgetting his own dignity,
the dignity of the august body he belong to,
and the honour of his sovereign, whose coun-
sellor he was, and nhose rnj^ul authority was,
at that time, lodged in his* hands, for 105/.
This is so amaxing, that did 1 not know there
was full evidence to the most minute parts of
this Charge, I myself should not believe it ;
and 1 am sure your lordships' hereditary
greatness of mind' mnst make it so incon-
ceivable to you. that I shall need all your pa-
tience and indulfifence in what it is my duty to
state to your lorJships, till you hear the evi-
dence we shall produce.
Tiie caFe, my lonis, is this : Mr. Thomas
Beunel, one of the Masters mentioned in the
Mxth Article, soon afW his admision, wasile^
ainius lo part wiib hts«lfioe of Clsrk of the
Ciisloilifv(wlue|i as IB the ji^ift of the crown)
lo Mr. Hamcraley ; but bemg unwilling io dk>
MJ thing, without ny lord Maookifidd'i aj^
probation, he appliei) to Mr. CoUiaffhaB, \ea
secretary, toobtam it npon this oecasioa. Mr.
Cottingbaui promised to acquaint bis hxdshif
with this request. In a few days Mr. Col»
tingham told Mr. Beunet, that he bad so-
quainted my lord with his design, bat ssid, a
present was expecteil of him ; and naked bin,
what he would give? pTour lordships will ob-
serve, that this was thei: constHiit ntcthod, in
driving all these bargains ; for they were ess*
scious that they were doing what waa illeg*!-)
Mr. Bennet replied, tlmt he did not apptcMai
that any thing was due to my lord on ihh
accouni ; for that he succeeded bis brottir,
Mr. John Bennet, and neither himself, uorftii
brother, made lord Cowper any present: mk
further added, that he hoped my lord atrii
not insist upon any thing, on so trifling M
occasion, since he had so lately paid bin w
considerable a sum. But still Cottingbam m*
sisied that a present was required. Upon whidi
Mr. Bennet, seeing himself so hard drives,
said he would give my lord 106/« In a ft*
days Cottingham told him, that my lord ac-
cepted the 105/. but that he was to look nDsn
it as a particular favour, that he acceples ii
small a sum ; and that if he would bring tkf
money to him, Cottingham, he need tanss
farther trouble, for my lord wonkl apply to ihs
king for leave to resign. Accordingly, on the
28th of July, 1793, Mr. Bennet csnM •
Bank-note of 105/. to Cottingham; aodl,ii
about three weeks time, ^onr lordships w9
be pleased to remember that his majeitj wil
then abroad) Cottingham told him, that tkl
sign manual was come over, and chid bia ir
not taking out the patent; the consequenesrf
which was, Mr. Bennet did take it oat, asi
when it came to the great seal, no considoi-
tion was had of what ne had given before, hit
it cost him about 64/. for the seal.
We shall call Mr. John Bennet to inftM
your lordships, that when he resigned to kh
brother, he asked the lord Cowper if any thii(
was due to his lordship, who told bin nolhivf
was due.
This, my lords, is the naked state sf A*
case, and 1 shall make no remarks open it; 1
think nothing can be added to illustrate it, bs-
cause I am confident there never was any Uhi^
like it.
But I think, out of duty to the Connotf,
and justice to the earl of Macclcsadd, I ta
obliged to take notice of what he alleges in hit
own defence against this Charge.
His lordship is pleased to say, " That tbovgb
this office of Clerk of the Custodies hasbiti
usually granted by the crown ; yet it has bees
always looked U|ion as the right of the liOfdi
Chancellors, or tLe Lords Keepers, to recoa*
mend to that, and other offices under the gmt
seal, and approve of .the deputy lo execnH
the same; and upon aoch recoaunendatioM^
and approving of deputies, have aooeptcd art'
sents, and looked apoo the mbm as Mf
^^
■heiM not Inr* tAnifMin «r hit I
I
ftjfT High Crimes and MUdemeamors*
A- D. 1725-
ibb |MUt ©f hii ffefi^nrc In ibe plural numWr,
"1 fiMlM^Aunnif 10 ititller hinwelf und«^ ihc
M pmcUcen f>r titf nri?4iec4*«iors, if lie
nfineri it lo tliin Article; but in Iiik |^
pswer to nil the Articlt^ we tuvr 0|>eued
flonlnhiiYS, be SIIJ9, ** Thtit he linfldocie
liiin ln» predecessors, grrat doil able
ife doiii> lH*fare him, and therefiire
i that it shtill uot be imputeil ^ « fault to
And tndir«d this reaaooiog^ runs ihrou|^b
nr»«t hi« whole delence.
Jfiy lords, wecmdd shew, thil he has done
^ than any of his pfeileccsaon ; hut your
ships very well know, ihut m not now in
Rtioti 1 nm sun?, how ^rcal or able soever
Han may h^ th«l commits a faalt, your lord-
|p« will alwayji lie grwai enough, and able
bo^i lu punish him lor it, when he comes
^ttu. And I am suqmzed the Earl
Buld suppose, that you will connive at a
i prftciire in him,* (if this be one) because
^re not condemned it in othera, who were
lied to answer it before you, if any
^|[ui1ty of it. 1 hope your lord^hijis
1 00 it as a new way of reason in^j, first
k? of by the earl of Macclesfield, to
_ bin own fauttj! by the faults of another^
* erttnuiite the daoj^er and msli^'niry of a
emper hy the extent and inveteracy of rt.
Sy the rest of this argument of hit, your
^^Idabtps plumly see, that he liinifelf thinks
Ibe acceptance of any (jratuity for advis-
th# kiuir, as a c<»unKeltor, to (p-ani this
tmd been highly criminal, for he was,
[that limei one of tbe lorils juHticea, and
[this whole Chari^e a minis»ter of stale ;
not say thitt he obtaineil leave for
net to reniijo, and a new |p>!tnt of the
I a tiivour from the crof^n ; no, that he
I admit wuuU have been hi^^hly hlarae-
Bt b« itys, that as Lord Chancellor, he
__ '^ht or^recooimeodin^ to this olBce ;
hbi- whole conduct unhappily explains,
I he looked upon a right of hestowinir or re-
wnruJiujf to be a right of selUnif ; so that
^ Hii owu ari^ument, bethinks hiinsclf jiuti-
Mte in doing that ah the chief otiieer and
iinnbutor of justice, which be seems fo own
tiOold be highly unjustifiable m a minister or
tirfautoftbe cruwn.
I shall take notice of but one part more of
kii feneial Answer to the Articles, which we
iMa apened to your lonUhif^M, and that is
Jiiapi 06 *^yh ** That iluring his continuance
n Ibr lakl office ot Lord Chancellor^ or at any
•Iker tioi«, be nevtr ixice bad a design or view,
iftrwtsb to nii«e tn tnmself any ex«»rhitant gain
^profit, jjji 10 the whole tenour oi'
I hf« and n the truth of his aaser-
■^ my lonYSf h an loitance how little the
" men iiiiinted with thrmselvcs,
n* arc liahh^ tij mistake,
I taik oT liieirowi) I i; man v of
lliaoiouiioist, in money > :\v r l>een
1 to your lordshtpt ; oiore wui i>€ opened ;
t antdy, toy lords, jroQ BOH h% of opinion,
that thii inordinate longing af^er gaioj^ tli ^
impotence of mind where money was cooaj
cerned. is a constitutional weakness in tlti
earl of Maccle»6eld, which ha« given a ttnc* '
tare to every thing that passed through his
bands : your lordsiiips have seen hini taking
great sums, accepting small ones, taking
5,000/. accepting lO^A taking for oftices in hit
own gift, for omces in the gift of the erown,
taking for admiaaions, taking fbf resignations ;
in this, indeed, be has ahewn an imparttaliKy
tliaty 00 every other account, were nighly io
be wished in a judge.
My lordst I would not trouble your lorj-
abips again aAer our evidence is examined, and
therefore h^g leave to say, that the Com mom
look upon tbe<*e practice* so nearly to coiicera
the welfare of the people they represent, that,
notwithstanding the great part they bear in the
constitution of this realm, they hate thought
it ifidispenMably necessary to Appear themaeh eg^
and demand justice of your lordships ; and we
do it with the more pleasure, because we are
assured, that when the Cummons are prose-
cutors, and your lordtihi|>s judges, the rueanetl
sul^tject will have justice, and the greatest wiQ
not find favour.
And, roy lords, considering that the carl of
Macclesfield IB to be judged hy the most unjust
asaembly in the world, of which he is himadf
a member ; it is hut a suspicious syinpUim of
bis confidence in his own nuegrity, when he
lays liold of any subterfuge to avoid your judg-
ment, or endeavours to secure himaelt against
any part of iu by nny plea but that of hia tD>
noceui*e, and the justice of his cause.
Sir Thomas Pcne,flhf bis Majesty's Seiyeaa
My lordii, he lore the Maiiagerii lay before you
lordships any evidence u^mn the particular Af
tides, there are »ome thin|£>, we appreliend
necessary to be be nikeo notice of in the |nli
duction to the Articles, whirh are not sufllici- '
ently adrnilteil by the lord M uct^lej^tield, in bti
Answer, and wherein we apprehend it will be
necessary to {five your Imdaihipa »ome satis*
factioQ ; and that in relating to hii; immediate
duty as Ltjrd Cb^inceHor, and the ohlt^iition he
is under ot an oaib, which is admi<iibtered to
his hirdsliip, and is estahlmhed by act nt par*
liaroeul. My lorda, we think it proper to lav
thta belore your lordships, because the noble
lortl has forgot it, not only in his Answer^ but
in hi*i ciiudoct, The oath ]& established by the
statute of the l^th of Uioh. 3, which enacu.
That the Chancellor, he. shall not name or
make any officer, or ttiinister of the king, fur
any g:ift, or brocage, but make all such oncers
and miniftter^^ of the be«it and nio^t lawlul men.
My lords, f lieg leave to shew, that this oalh
is estallikhed hy act of parliament, ami after*
wards shew your lordships, that it has been ad*
ministered to, aorl taken by the ooble bii
within Ibe bar. It is the statute of the 1^ of
Hich. 12, chap. !}« which eiyoina ibis oath to be
taken by his lordship.
Blf, LttfrycAe. My lords, we atq tioi^itS&&is^^
*87]
10 GEORGE I.
Trial.cJiLe Earl ofMaccitifidd,
to trouble Toar lordshipt with more than is ne-
ces^aiT, or to go aboat to prOTe those ibmgs
that are admitted by the Earl*s Answer, but
where they are not futly admitled in such a
miDtier as* tbey are charged, and wiili all that
adraDta^ that we think we can make of them,
we TDiui hcg leare to tronble yonr lordships
wlih the proof of tbem. My'lords, itisad-
mine.l by the Answer, that there was an oath
of office taken ; and it is likewise set forth in
the Answer what that oath was; hot the An-
swer goes no farther, and doth not admK any
thing as to another oath founded on the statute
of the 12tb Rich. 9, which hath frequently been
taken by the noble lord ; we think it therefore
necessary to hare the statute of Rich. 2, first
read, and the oath that is there prescribed, and
to shew you that the noble lord within the bar
did take that oath sereral times.
Then the clerk read the statute of 18 Rich.
S, chap. 2, riz.
" Item, It is accorded that the chancellor,
treasnrer, keeper of the priry-seal, stewani of
the king's house, the king's cnamberlaio, clerk
of the rolls, the justices of the one bench and
of the other, baruns of the exchetjuer, aud all
other that sbsll be called to onlam, name, or
make justices of peace, sheriffs, esclieators,
customers, comptrollers, or any other officer or
minister of the kin|^, shall be firmly sworn, that
they sfaal: not ordain, name, or make justices
of peace, sheriff, escheator, customer, comp-
troller, nor other officer, nor minister of tlie
lung, for any gift or brocage, farour or affec-
tion ; nor that none which pursueth by him,
or by other, pririly or Ofienly to be m any
manner of office, shall be put in the same uffice,
or in auy other, but that they make all such
officers and ministers of the best and most law-
ful men, and sufficient to their estimation and
knowleilge."
8erj. Fenedlif. We beg leave that Mr. Eyre
may be produced and sworn, in order to prove
the administration of this oath, and to prove the
noble lord's taking it several times.
Mr. Thomoi E^re sworn.
Serj. Pengelly. My lords, we desire that Mr.
E>'re may be asked, Whether he is an officer
of the Exchequer, and what that book in his
hand is?
Eyre. My lords, this book I have had in my
custody ever since I have been in the office. I
hate been there forty years. This is the book
in which the statute of 12 Rich. 2, is entered ;
and before the privy council name the sheriffs,
this statute is read over to them, and then the
privv counselors are all sworn.
Mr. Lk ivy eke. My lords, we desire the oath
mav be read.
Jtyre. There is no oath in the book, it ia only
the statute.
B. of Ifac. Will your lonlships be pleated
that be oiaj mmk aloud. Uc saya there it bo
wth IB the book.
^lae. Tlio^Bteiii^BBdfiiio^ipjtie
read the book i« presented to the privy eon
ioTs, and they are sworn.
Serj.Pme//v. My lord?, we desire he
be asked. Whether he was present at any
when the eari of MacclesAeM has Uke
oath to perform this sutute in the Cue
Exchequer ?— JEyre. Yes. sereral times.
E. of Muc. I beg leave to ask this qui
in the first place. Is there auy oath there L
book?
Eyre. No, nothing but the statute of J
ard2.
E. of 3fsr. Nothing bu! the statu
Rich. 2. ! What is it you read, or do ai
time, when you say tlie privy counselkn
sworn ? ' '
Eyre. As soon as this statute is reaj
Bible is presented to the privy counsel Ion
they kiss the book.
£. of Mac. Is there any one word si
them, or by them ?
Eyre. No ; the statute is read over, aa>
priry counsellors kiss the book.
Se^. Pengelly. My lords, we desire be
read it.
£. of Mac. My lords, I desire that he
read the ver)' words in the book, as be i
them in the Exchequer.
[3Ir. Eyre reads the sUtute.]
" Anno xii RicharJi Secundi.
** Item, Accorde est et asKientez* qo
Chancellor et Treasurer Gardein du Priry
Seoescall' de Hosteil le Roy, Cbamberleyi
Roy, Clerke du RJls. Justices de luoe tiu
de lautre. Barons de le Exchequer et touU
tres, que Serrouot Appelles Dordoigner w
on fair Justices de la Peace, Viscounts
cheators, Customers Compimllcrs, on As
autre Officer du Roy, ou Ministre. seroit iii
meot Jurez, et Seremcntez, quiU ne Onlc
noient ne faceut J ustices de la Peas, Viscc
Esclieators, Cust'imers Comptrollers, ue
autre Officer ne 31inistre du Roy, pur
manner Don* ne BnK"age favor n* a§ec
ni^ue nnll que |iar sui jtar luy ou par aub
priv' ou en A pert Des:re en Ascune ma
Office, soit mijs en uicsiiie V Office, ou eo
cuoe autr', unque que ils lacient toutz
Officers et Ministers de le pluis Bon et Lo
et les pluis sufficientz a lour essient et
Conscience.'*
E. of Mac. Those, you say, are the
words you read at that time wlien the sbi
are nominated in the Court of Exchequer?
Eyre. Yes.
E. of Mac. I suppose you read in that
manner? — £yrf. \es.
£. of Mac. Do you say auy one syl
more? — Eyre. No.
E. of Mac. In the next place, I desif
may tell vour lordships what it is that the d
does at this time ?
Eyre. He carries the book to all the |
counsellors, and they kiss it.
B. of Aloe. 2>Qii he Mt any it to
judgvtMf
Jhr High Cfimes and Miidemeamn*
A. H. 1*725-
[83(J
, 9ttry one present Icisie^ the book.
Does be tay atiy tbing io ttiem ?
Ton nay he dnf**
bi ? — Evrf, No^ not !
' any
I car-
foWi of the privy council f
Y<-F, my IcirtJi, it has.
My loi-Js, it seems to he ft
ji" this h swearing' at ali-
ke llie quest ton I «iealre may he nsked
iie«n, i^, u Imt h^iok it is they ki«s?
- Bible.
_ he may he asked,
tniH ri ifu not ipocu taken to b*^ twear*
m to do ^f'hat is commanded by this
prolyl* My tords^ we hejj leave to ob-
k »♦ *.,....*;,.,. ^Ve apprehend the wii-
'^ivc evidence as to ihe
. ;,„L 1 ,„_ uis reasouji iind eoostruc-
fuct,
TMtj^yrhc. My lords, ! beg leave then
• that I hope they won't object
no thiR is not tne manner of
f the lordSf upon the uomioatloo of
in thf Conrt of Exchequer?
My lords, we hurubly beg
. thariju^'stion : we apprehend^
Aiih tlic former,
your lordships
I iTi<i allthat is done
: is produced. He
j.> ii*»: uct of parliament is
lie book ; nothing h asked of
w-i i I i'"j answerc-d : n ml yet the
|B i to ask, whether this iu
« A;^ The witne»t hatt given his
I 9 tvill determiQe whether
My lords, 1 desire he may
T t Ill's l;i*j*<tnf:f the Dihle upou
My doue at i^e
-,•>• ...
^Us ^uuii as cvLr the act is read
^Hvy counifdlors kiSK the Uible,
^B it tnay be
Wk' <ie nr an*
||jr»li«'Uii^ rciurr iiuj Ktss ine bi)ok 111
Doer? — Et/rc, No^ they do not.
'^'^ ''v. My lonlii, we ■hull rest this
f. My lords, T wonid be qflad
ini|j[ht bo askeil the witneiM;
ks Roy entry or nu isiiMdiiilutn
1 10 the Court of r, «f
'»v thf* pnvy-c*.n« ik this
s ihere is iitii,
'TTjit ihii mfiftor to y*>nr
\t an nalh
I hits been
N not
will
gi nr I <tr pnj uuincxii, ivc iciivcto
' toietit.
Serj. Pengelly. We thall leave this evidence
to your lordKhips, n»*l submit it to your detef-
ininution, whetl»er this nohle Earl can excaflf
hJinsflf froni this oblig^jUion to this act of par-
hatnent, iis an oath ? It is yery probable, by
his future coiuUict, he mii^lu he of opiniim, that
there was no obti;4^iition ut' uny act or oath upon
him : but upon the evidence given, we shall
tiuhfuit this tact : and shall next proceed lo calt
some witnesses to give au account of the nature
of the offices of ihe Masters in Chancery, who
nre admitted by the noble lord within the bar;
We aXmW produce the Oftth which is adminis-
tered lo every Master in Chancery upon his ad-
miaiion : then we<batlsbew the commissions
from Edw, the Oth*s lime» and so from iin»e to
time, lo this day ; wherein the MastciH in
Chancery are joined with my lords the jtidges
to hear and determine causes in the absttice of
my Lord Cliancellor ; (0 punish conteutptk. to
execute and administer a jurisdiction in that
Court. The particular oath very little varieg
(rotn the oath administered to the Lord Chan-
cellor, which, in his lordshipV Answer, is set
out at large. However, we shall now beg
leave to produce the oath : and to that purpose,
we desire Mr. Pynisent, the deputy -clerk of the
crown in Chancery, mav be examined, and be
will produce the oath before your lordahips.
Mr. Pyment a wore «
Serj. Pengetly, Sir, will you produce, before
the I^rds, the oath administered to the Mas-
ters in Chancery, upon their admission to their
offices ?
Com. S€rj. My lords, we hope he shall give
an uceount, whether he hath seen the oatU
taken, and hath administered it?
P^nscnt, Yes, ray lords, I have seen the
oath taken, and have administered it myself.
[Reads the Oath.]
Sacru^m Ma^utrorum Cancellark*
* Ye shall swear tliat well and trulie ye* sbalt
( serve the kinge our soverei|^D lord, and his
* peopte, in the office of one ot the Maisters of
t his Chaunccrye, lo the wbiche ye be est 1 ted :
* ye shall not assent, ne procure the dishery-
i taunce, ne perpetual daoiage of the kinge, to
< your power ; ne fcaude, ye j*hall doe or cause
* to he made tirongfuUye to anyc of his people^
* ne in any tiuuge that touchtthe the seale :
t and J.i^vi-.ti' ' ve shall connsail the thinges
* that t< iiti kinge, when ye shall he
« thereuiiL ::.,:,. i -if. Aiul the couii>iHylt that
* ye shall tfeve touching hiin, yt««hall not dis-
* close. And yf ye know anyr l hinge of the
^ tli%h'^rytaurice or damage of the kinge, or
* frail de to l*c tnade upon anye I hinge that
« toucbethe thr keeping of the sealc : ye shall
* put yonr lawJull imwcr it to redresse and
( amende ; and yf that ye caniMit do, ye
' shall ddvyte iheChauncclWi or Loidc- Keeper
* of Ihesente, or other whiihe rnny that amonde^
* lo your power. As (itwl you hclpe, aod by
« the content of this boke/
Serj. Pcngedy, My lordifp there will be dv-
831]
10 GEORGE L
Trial of the Earl ofMaccUrfieU^
tBSi
Rctiofifl git en to laj a eopy of thb Mtb, at we]]
■1 copies of other reoordi, opoo yoor lonbhips'
table.
The next evidence we shall produce, are com-
aissions begioDinff in the time of Edward 6, to
this time, granted to Masters, appoiniing them
to hear caines, te. The 6 rat commission we
•hall produce, is dated the 9th of October, the
4th or Edward 6. My lords, we desire that
BIr. Paxton may be sworn, who has copies of
these commissious, and has examined them
with the records.
3Ir. Ralph Paxton sworn.
Sen. FemgtUy. My lords, we desire that he
may be askai, whether the cofiies in his hand
are true copies, and where they were exm-
mineil ?
L. C. J. King. Are they true copies, and
where did you examine thum ?
Faxion. 3Iy lords, they are troe copies.
1 examioed tl>em in several places. I must
look upon each of them, and then 1 shall tell
your lordships where 1 examined them. I ex-
aooined some at the Rolls, some at the Petty-
baff-ofiice, and !fome at the Report-office.
L. C.J. King. Did you examine them all
there ?—Paj-/ofi. I did.
Seij. Ptngellu Are they true copies f
Parlon. I believe they are, 1 took a great
deal of care and pains in examining of them.
Seij. PengcUjf. My lords, we desire that
these copies may be read.
Mr. Strange. Are they upon stamps ?
Parlon. Yes, Sir, with a double sixpenny
•tamp.
Serj. Pengtlly. My lords, it seems they are
stampt ; biiice they make an objection of' that
nature, we desire tliey may be read.
[CUrk reads.]
<< Sexta pars Pat' de Anno Ragni Regis Edri
Sexti quarto.
<* Rex &c Dilcis et fidelibus Coosiliariis
Snis Rbto Southwell Mi!iti Custodi ac 31as^ro
Rotulorum Cancel lar' nre Wiilo Portman Mi-
liti uni Justir' nrorum ad Plita coram \ob* te-
nend* assign' Jacobo Hales Militi uni Justic'
nrorum de Banco Rico Reade Militi et Jobi
Tregonwell Aro Magris Canceller' nre predce
Ac Dilcis SibiJohi OlyverClico Willo Cooke
Aro Johi Croke Aro et Anihooio Bellassis Clico
llagris ejusdcni Cancellar' ore Saitm. Quia
Predilcus et fidelisConsiliarius nr' Ricns Riche
Miles Dus Riche Cancellar' nr' Aa^irt' aden
Corporis invalitiidine ad presens labornt qd ad
ea que in Cur' Cancetlar* nre in causis et ma-
teriis int' diversos ligeos et Subditos nros ibi-
dem pendent' tractand' audiend' discuciend' et
terminand' Sint et fieri debeant ad presens pro
tempore non Sufiiciat Considerantes igitur ipm
ad Saltm cicius p<»sse restitui Si ab arduis ne-
gociis nris et detminacoe causarum in Cur'
Cancellar' nre penden' ad tempus alistineat Et
Volentes nichikminus interim in ejusdem
Cancellarii nri absencia omibns et Singulis li-
feis at anbditis nris quiboicamq; iBitiat tQai
in Cor* CanceHar* nre predoepi
plenam ct oelerem Justiciam exhiberi Ac delT-
delitatihus et proridis ctrcumspecooiboa vris ple-
nina Confidentea Aasignavimua Voa oeto Sepiem
Sex quinq; qnatuor et tres vrm quomm voa
prefat' Robte Wille Porteman Jacobe Hals
Johea Oiy ver et Johes Croke ana' esse Volnraua
Ac tenore presenciu' Damns Vob' octo Septem
sex quinq; qnatuor et tribas vrm quorum ali-
3aem vrm Vos prefat' Robte Wille Poiteaaa
acobe Hale, Johes Olyrer et Johes Crooke
unu* esse Volumus plenam potestatem ct aoe»
toritalem audiend' et examinand' qgasciiinqg
materias canaas et peticoes coram Nob* inCao-
oellar' nra int' qooacnmq; ligeoa etSubditasvof
tunc pendent' et impustmm ibidem exhftoif
et penden' et easdem matias caosaa et pdioMS
juxta Sanaa discrecoes vras finalit' timnaaf Ct
debit' execuoi demandand' partcsq; innsi^
Sive causis vel peticoibos illia noitas et £bso-
ficatas ac testes et alios quosconq; qaosYob'
fore videbitor evocand' qnociens exjiediR vide-
ritia coram Vob' octo Septem Sex qoiu^ qos-
tuor vel tribus vrm quorum aliqneni vma vos
prefate Robte Wille Portman Jacobe flikf
Johes Oly ver et Johes Croke una* eaw To*
Jumus evocand' ac ipoa et eonim queaak de-
bite examinari compellend' diesq; prodoctsrioi
imponcnd' et assignand' prooeasusq; ouascuBq;
in ea parte neceasarios ooncedeoa' ct fieri
faciend' contemptus etiam quoscumq; ibiito
comiss' Sive perpetrator debite castigaad* d
puniend' ceta<{; omia et Singula faciend' ctci-
eqncnd' que circa premis&a necesaaria faenit
Sen qoomodolit oportuna Et ideo Vob' Mid-
damus qd circa premissa diligent' intendatii le
ea fac* et exequamioi cum elfcu Maodsmo
etiam tenore presenciu' oinibus etSingiflisOffi-
ciariis ct Ministris nris Cur' nre predce qd Vok'
octo Se|)tem Sex quinq; quatnor et tribus vnn
quorum aliqnem vrm Vos prefate Robte Wille
Porteman Jacobe Johes Oliver et Johes Croke
Semper unu' esse Volumus in execueoe pif
missurum diligent' intendaiit prout deoet Va*
lumus etiam et per presentes Concediroos qa^^
omia et Singula judicia Sive finalia deocti
per Vos octo Septem Sex quinq; (|uatuor fd
tres vrm quorum aliquem vrm \o8 prefirie
Robte Wille Porteman Jacobe Johes Oly ver ct
Johes Crooke unn' esse Volumus Semper bam
causis Sive materijs reddend' Sive fiend' Sint
et esse debeant tanti et consimilis valoris eff*
cus efficacie roboris et virtutis ac si per Cti-
cellariu' nrm AngP et Cur' Cancellar' pretke
reildit' Sive reddend' foreot Proviso Semper ^
omia et Singula hujusmodi judicia Sive fiaal*
Decreta per Vos octo Septem Sex quinq; OtM-
tuor vel tres vrm quoniiu aliquem vnn Vol
prefate Robte With; Porteman Jaoobe Jobd
Oly ver at Johes Croke unu* e«se Voluoim
virtute presenciu' reddend' Sive fiend' BU-
nibus vris octo Septem Sex quinq; qui-
tuor vel tres vrm quorum aliquem vrm Vol
prelate Robte Wille Porteman Jacobe Johtf
Oly ver et Johrs Croke unu' esse Voloinai
Subscribantur et coosignentur et Superiada
eadem judicia Sirt dccrata pre&i* CucaUM*
"•1
•1
Jhr High Crimes and Misdemeanors*
A. D, 1725*
[S»
\ present etitur fi lifrH^ntur ut iiJem dmceUar'
■r' anl<'i(ttArii irroiiiltiunr » udem 8imilU' itmhu
\tu ctm^i)(fiet In ri»ju<i rei teslim^miu' bi»s Lra«
I rien lecmui» J^a(em«>$ u*.qi uUiuiii' diein
rcinlir' profur' limit' duraiur^ JSi oou iQlrim
alits lltiis nrufi Pai^'niifs huic ConusHioni
sferi ilccrrv (primus 1\ R. apad Westni*
ifie OcIoIh'
Wr ipni' il#'^^ptn Conconlai* cum Recordo
i Exatiimai' |»f r me W«. Uookr/'
Serj. Tengcty. We liave several others of
be same iisityrrf*, wbkh^ve h:ive proved, and
' all not tr(i(d)te 30m lord«Ui|i$ lo read ihem.
k'e hIi«H beg leave to lay ihem on your lord*
iirpsi* iiilile, VVp shntl now desire to*read some
c^ininissiohs ; s'»ine g^rapled when the
ble U>rd ntthin the kar tmd l1»e cuuludy of
bf seiih hiTTiseltV
Jafi ii^MociUsftetd. Ifyonr lordships pleiue,
► diite of ill At may he read.
[Clerk rtflds.]
** i»etinciii« Dei Gra' Mi^e DritiiotiiEc
ci IJihniae Hex fidei defeoR<ir -Sec,
prvdilecto et fidtdi Consiliano »m JoAefilm
1 Mir Matfio Roiiorum Cur' fJauc' iircoc
Bis* el fidclihiw tiris IjHleton P<»wy8 Mir
liisiiciiir* iironir?! ad plita corstni tiohis le-
nd' assign* Jo hi li led cow AMI' t«ti' Jiistictar*
itfi de Fiutu'O Hohto Trney Ai' al' Justi-
if iirrtrimi de Bmicn Robta' Price Ar' iin'
»Secij. nti .\t%\v\ Sftilih Ar' aP Biiioti^
8ccy* nn Hobtn Uiirmer Ar* tin' Justiciar' urn*
rtini de llHOcn {£ubt«) Ejrt' Mil* iiti' Juilidar'
fcruriini ad pliln comm nnlirs teivend' Jissicrn*
fPohi Prali Mil' «!* Jnsiii-ijir' nn^nim ad \%\\U\
eoroin iiirbia teneiici* a?«sj«tr Ji>coho Mnuiiia;;ii
llliT uti* Ituron' 8ecij i»ri J obi Furtcscue A bind
Id' un* Jiaroii' Hcrij nri Tbotne Gery Wil'
^%\\i^ llrtjjetw.ltdii Hiectjcks* U'iKn Felbms Ja
§Jdlev Johi Orlehar Fieelwood lioriner
•ucli Br<»Htiii)tr Robto Hoifoiii Henrico
and ei Jidit Hennet Arts fiiillin Quia |)re-
I* et fidel* t'onsiliar' nostr' Tlmtnas Dums
■ Cancelhir* nosir' iiiuij^ne BnUnnie mis
liiiis negotiis ex Matidato nro continue ai.
Dtk!n« in emiltn ndeo versotur quod continue
lle^deire non potenteji que in Causiii et ma-
rrib inter diversosi hgeo^ et subilitos nros
iliou in Ciir' nm Cancellar* penderf
' trartamP audiend^ esrpediead* di^cu-
ud' et tffimlnand' sint et neri debeot N<ni
emiasa i'un^tderantes toteoiesq; eibus et
^int^tilis ligeis nrit ac allis f]uasciittq; ma*
terittt Ruas in eadm* Cur* Caocellar' prose-
J yen' ufe proseeutur' (deimrn et celerEm
imicium exhiberi trim in abi^eutia quam in
pmeDtia preiltct' CanctUtr' ho^rr' M%^t\*
britanu* mc de 6delaaie et |irovidis circuni-
cpeciobus Tris in hac parte pluiiiu' contl-
deote asbig'navimns V(»s ac tenure preniinin
Damufl Tob* etaliquihnt trdm^ vel pfnr^ vrm
CiuDium pretat' Josephnm JekvH LiUletim
Vovtyi Job em Blem^oe RohtumYracy Roh-
lum Prrre Jobem Smith Roblum borm*r
Rnbtnin KyreJuhem Prat Jai'obnm IVlouMlagu
ct Joheni l^oitescue Ataod ttoum flsse rolumiiti
VOL. X\ I.
io abieDlia diet* Caticellar* nostr* M(ign« Bri-
tannia plen' prefat' et auetat' audiend^ et exi-
(nrtiamr quascunque mater ias Causae et peti-
liones coram nobi* in dca Cancellar* nm inter
quoscuDqne Ugeos et subditos aut alios qno«-
cuuque nunc penden' aul Im|K>!*ter' ibni exbi-
bend' et penden^ material Causae et pelictinf 4
Juxta Sanaa di*icrelioues fras vel trium «rm Uno*
rum prefat' Jo&epbum Jekyll liltletan Powya
Johem Bleow**e Robtum Tracy Robin m
Price Joh cm Smith Rohtum Dormer Robtum
Eyre Jniiem Pratt Jacobuin Mou»ita)^u ri Jo-
hem Fortescue Aland unnm esse volnmus fiua-
liier terminand' el debit* exeeulion* deuiand-
and' Partesq; in materii^ caiiKis seu petit to nib isn
illia nominal' et sii^niliciit' rie Tester et alios
ffuoscunq; quos vnbis vel iribua rrni (ut pied'
e«Jt) fore videhitnr erocand' quOltts expedire
▼ideritiH coram vobis vel trihus vrm (itt pred*
eat) evocand* Ac ipsoa et eorum quern h bet de-
hiie exnnnitiiri dse^q; produciiores im(mncnd'
el assig-nand * pr«c<»*»supq; quoscnnq; in ea parte
uece«sar* roncedend'ac tierif^cieud' Conlem|i-
tuN etiam quoscnnq; comisj*' sive \\y ' ^le-
hite rft^tigand' el puuicnd' ceterut^; -la
faciend' et exetpiend' que circa prt m,* a nteen-
sar^ tnerini lien qnumotlulibct o|iportnn:i £t idea
fohisinanilaniM» qtl circa pretuis^^a chbgeiit' ifi*
tendatix et eu tat' exequamiol cutn elTiu Man-
damus etiam lenore ptefiutim Ol^ciar' et IVli*
tiistr* Cur' ore Cane' pved* qd vobii* vd trihua
vrm (ut pred' est) in execnc' premiscorum dih-
i^cnler m ten dunt prout decet Volumua etium ao
per prenteacoficedimusquod oia et singula in-
dicia sive fniiVlia decreta ac Ordine^ per vos aut
trtjs vruin ut pned* est super hum' causis aire
materijf ac pelicioibmi 11 1 prefer! ur redd end'
sive lieud' sint et esse delieant tanU et consilis
valor' efl'ect' efiicabtie rolmris et virtute Ac ai
per pried' Can cellar' nosti' Mtitruai Biilut)ni«
et Cur* Canc«IUr' nre pned* rfiblif sive red-
dend' lorcnt Proviso tamen quod nia et aingttlft
indicia sive finalia decretn per vos fel treari m
ui pried' est virmte preutium niodo et forma ut
priEdicitur reddend' sire fiend' Manibus *ri»
vel trill m I'rm Quorum prefat' Joftephnm Je-
kyll Jitileton Powya Jtdjem Blencmvc R^ibtum
1*racy Robttim Price Jobem Hmitii Itobinm
Dormer Robtum Eyre Johein Pr;itt Jiiooburn
Mountagu et Johem Fortescue Aland unum
ease volumus subtocrilientur et onnsi<^nentur et
Buperinde eadem Judicisi aire finalia decreta
prefat' CancHlar* nostr' Magn' Bntan* presen-
tentur el libeutur Quodq; nuil' eomndem Ju-
dieior' sive tiual' ilecretur* irrotuleiitur aut quo-
vismodo exectil' i»int antet]aam idem CanceltaiT'
nostr' Magn' Britann' eji maun sua propria
Ktliter conHgnel Et quod be !i^ nre Patenlea
dura bunt et pernvanebunt in pit no robore el
eliect' donee aliter per alias Iras nru Patentes
buic Coiruni^Bioni »u|ier9ederi mandaL^ forel
aut pra&dicl' Cancellar* ooatr' Magn' BriiAnn'
in plena Cur' determinari decret' et ii roUiiat'
erit In cujns ret Te^timonin' has Jni$f iirat lieri
tecimus Patentee Teste meipso apod Weatnci*
duodecimo die Maij Anno fiegni ooitfi quaria
Per ip^atn ReireiLi H«i«iaa."
3U
I
I
I
I
835]
10 GEORGE L
Trial of the Earl ofMaccle^eUf
[8S6
Seij. Pengdfy^ We demre that there mty be
another ooinrnLBuoo read, dated the 80th of Ja-
nuary, the 8th of the king.
IClerk readi.]
** Georgios Dei' Gratia Mairns Britannic,
Franciae, et Hil»ernie Rex, iidei Defensor, &c.
Predilecto et fidel' Consiliar* nro Joaenho
Jekyll Mil* Masro Rotulor' Cur* Cancellar'
nre ac Dilds et Fidelibus nris Littleton Powys
Bill' un' Justic' nroru* ad piita coram nobis
tenend' assign* Johi Blencow Mil* un* Justic*
nrorum de Banco Robto Tracey Ar* al* Justic*
nrorum de Banco Robto Price Ar' un' Baron'
Sccij nri Robto Dormer Ar* no' Justic' nrorum
de Banco Robto Eyre Mil' un* Justic' nrorum
ad plita coram nob* tenend' asaign* Jacobo
Montagu Mil' un' Baron* 8ccij nri Johi Fortes-
eue Aland Mil' un' Justic* nrorum ad plita co-
raronob' tenen<l' assig^' Franco Page Nil' un'
Bamn' Scctjnri Jolii Hiccocks, Willo Fellowes,
Robto Holtbrd, Henco Lofibond, Johi Bennet,
Ric« Godfrey, Jacobo Lightbonn, Johi Borret,
Edro Conway, Henco Edwards, et Willo Ky-
naston, Ar* salum. Quia Charissitnus Con-
sangoineus et Consiliar' nostcr Thomas Comes
de Macclesfield Cancellar' noster Magne Bri-
taunis nostria ardnia negotiis ex Mandato
nostra continue attendens in ciadem adeo ver-
aatur quod continue atteodere non potest ea que
in Causis et Nateriis inter dirersos ligeos et
subditoe nostras ac alios in Cur' nostra' Cancel-
far' nendeo' agen' tractand' audiend' expe-
diena' diacutienu' et lermiDand' aint et fieri de-
bent DOS premiasa cousiderantes volentesq; om-
nibua et singulis ligeis nostris ac aliisquasconq;
•materiaa suas in eadem Cur' Cancellar' prose-
Joeod' sive prosecntur' plenam et oelerem
usticiam exniberi tam in absentia quam in
prsBsentia nrsed' Cancellar* nostri Magnoe Bri-
tannie ac tie fidclitate prafidis circumspection-
ibus ms in hac parte plurimum Confidentes As-
si^arimus vos ac tenore present' Damns rob' et
aliquibuB trihus ve\ plur' vrm' Quorum prefat'
Josephum Jcky I Littleton PowysJohein Blen-
cowe Robtum Tracey Robtum Price Robtum
Dormer Robtum Eyra Jacobum Montagu Jo-
hem Fortescue Aland et Francnm Page unum
esse Volumns in aiisentia dicti Cancellar' nostri
Blognoe Britanniee plen' potesut' et Anthoritat'
audiend' et examinand' quascunq; materias
causaa et petitionee coram nob* in dicta Cancel-
lar' nostra inter quoscimq; ligeos et aubditos
aut alios quoscunq; nunc penden* aut imposter'
ibidem exhibend' et penden' et easdem mate-
rias causas et petitiones juxta sanasdiscretiones
vras Tel triu' vrm' Quorum prefat' Josephum
JekyI Littleton Poviys Johem Blenoowe Rob-
tum* Tracey Robtum Frice Robtum Dormer
Robtum Eyre Jacobum Montagu Johem
Fortescue Aland ct Fraucum Page unum esse
Vulumns finalit' terminand' etdcoit' execution'
demandand' |iartesq; in niateriia causis sen |ie-
tiiionibus illis noiat' et specifioat' ac testes et
alios quoscunq; ^uoa vob' vel tribus vrm' (ut
prietl' e»t) ibre t HleUtar evocand' quoties ex-
padira ridcritia aorui fob' fd tribui Trm' (ut
pned' est) erocand' ac ipsoa et-eoram qnam-
libet debite examinari compellend' diesq; pra-
dnctiores imponend' et assignand' piowuiq;
onoscumi; in ea parte neoessar* cooeedend' ac
fieri faciend' contemptns etiam quoacaoq; eo-
miss' aive per|iet' debit' castigand' eC pUDiend*
ceteraq; oia et singula fiiunend' et exequend' que
circa prcmissa necessar' fuerint aea quomoda
libet opportuna. Et ideo ▼oh' mandamua qood
circa praemissa diligent' inteodatis et ea fac* et
exequamini cum eflfectu. Mandamus etiam te>
nore presentiu' officiar' et ministr' Cur' noitit
Cancellar' pned' quod Tob* ve\ tribus Trm' (at
prsd* est) in executinne praemissorum diligent'
intendant prout decetVolumus etiam et per pif-
sentes concedimus Quodoia et singulajodliciaan
final' decreta ac ordines per vos et tren vrm' (it
prad* est) super hum' causis sive materiis, etpe-
titionibus ut prefert* reddend' sive fiend' siatct
esse debeant tanti et consilis valor* eflectus eiB-
cacie roboris et virtiitis acai per praed' Canodhr'
nostr' Magnae Britanniie et Cur' CanceHar*
nostra praed' reddit' sive reddend' fbrent. Prori-
so tanien quml oia et singula judicia sive finalii
decreta per vos vel tres vrm (ut praed' est) vir-
tule present' modo et formator predicitar red-
dend* sive fiend' manibus vris vel triu' vrm'
Quorum prefat' Josephum Jekvl Littletoa
Powys Johem Blencowe Robtum Traoey Rob*
tum Price Robtum Dormer Robtum Eyra Ja*
oobum Montagu Johem Fortescue Aland ct
Francum Page unum esse Volumus anbseii-
bantur et oonsignentnr et superinde eadeo ja*
dicia sive final' decrata prafat Cancelhtf' nostra
Magnoe Britanniee nresententur et libentar
Qnodq; nulla eorandem judiciomm aive final'
decretorum irrotulentur aut quovis modo exa-
cnt' sint antequam idem Cancellar' noster
Magnic Britannite eamann sua propria silit^
consignet Et quod he litere nostre paten' dora-
buut et permanebunt in plena robore et efieetn.
donee alit' |»er al' literas nostraa patentee hai»'
Commission' supersederi rnandat' foret ant per
dictum Cancellar' nostrum Magnte Britannia^
in plena Cur' determinari decrat' et irrotulat^
erit. In cujus rai testimonium has literas nos-
tras fieri fecimus patentee Teste meipso apad
Westm' Vicesiroo die Januarij Anno rni' nri'
Octovo. Per ipsum Regem Wriobtb."
Serj. Pengelly, My lords, we don't appre-
hend it necessary to read all the others over ;
we shall deliver them in ; unleto it be desired
Ly the noble lord. 3Iy lords, we now beg leave
to call Mr. Meller, who hath executed theeffics
of a Master in Chancery for several years. He
will give your lordships some account of the
nature and of the manner of execution of thai
office, in sapport of what the Commona have
charged.
Mr. John Meller sworn.
Mr. Luttryche, My lorda, we deaire Mr.
Meller may he asked, WheUier he hath
cnted the office of a Master in Chancery, and »
how long, and what iatlie nature of that office?
L. C. J. King, iir, you hear the ^ a
Mdier, My lorda, according to the best of
__ij mueinbrancef I wjm udmitteil a IVItuiter io
tilt Utter «nil of the ycnr 1708^ and contiiiued
m till July 17'2U, Tbe generiil nature of the
vffioK is, to di^'»*«t and sum up those roatteis
wJlidi ar« ordered ujioo beariii|r to f*e reffrreil
Io Oi^ by wjty of report: I bat is the gerjeml
ImtitMssi. There is a fttrther business, when
Mill of oo%U are to le taxed, tbey aro taxed
ftad tdjtuled by us what is to be paid. I do&H
vaoollect any more particular business.
Mr- Luitcyche, 1 desire he may be aiked,
for wboic serf ice and Uiie those reports aro
Btade?
AfelUr, Those reports are made for tlie use
of Ihc suitors of the Court. It i^ to state the
that tl»e Lord Chancellor has referred to
ef , that are too tedious for the Court to
Bto
^ ' r-. To whom arc they returned
[filer, these reports are made to the
to the Lord t'ltancellor, or the Master
Hoik. 7'hey have these re^Mirls, and
t ftnal order upon them.
^'' ^f '- >■-'''. 1 desire he may be asked,
1»hcn
vera I luattcrt referred to
tiff which ^ould take up
too CDucb time of the Court to setlle, are made,
whether thoue re|M>ru of the Master are at all
conclusivi; ? Or u Uat is the method in case the
dow^t acquiesce f
BIy UiViH, the report is only to stale
s to the Court ; and ul) the report is
irti by the Court, what the Master hatli
lI has no effect, 8o that I apprehend it
only to lay the stale of the matter before the
\f% ; if what the Master reports seems ai^ree-
llie Court, ihtn they confirm it ; if not,
vry it, cir tiomtrtitnes send it hack a^io
*? •-' v *Mr hi& lurthcr consideration.
\y lords, I desire that Mr. MeU
,^ .i,i„; .;j s'»'«' !-.r*i-i.i.x-^ \\' any persou
thi , uhi'ther they
inoiati op] I - ! .. iifying this re-
rt-r {*
V lords, SO far as I apprehetid,
of Uic Court is this ; when a report is
up, the parties on both sides have liberty
:t to thut report before the Master ; and
er I hey put in by way of objectiou be-
Alanier, they may speak to ihone se«
kiiits when the report comes before the
Prolryn* What are tlte matters that are
Jly rvi«*rred to the Masterv bv the Court?
U€r* ^^Dic chief matters are ttie statinj^ of
Dli.
Mr. SiruTfi^t. My lords, I beg leare to aik
tlir uUni ^*M thiv <]u«stion 'r whether any mat-
' 1 au-e at any time referred by the
! e oi' report! requires some
< J^ be gireti by the Mas-
l6tt> o ' f thr'ir opuuou. Bui
thr L I to tlidte repnrU.
Mr, j^jrai^c. W iit^theri to tioy ^ae instoDce,
the judgment of the Master ti totl to ib#
suitor ?
Mclier. I will recollect, and gife your lord*
shijis the liest acc^ituit that 1 cun remember qs
to that. I think, when a Master ban ts^ed A
biti of C4JS1S, there N a 8ubpttna taken out §t
the cost*. uiM>«i the Master's rcpwt, without go-
ing to the C'Ourt, I am not sure.
Com. S€7j, When excejilioos are tftken to a
Master's report, doth the Master oi the Court
pass a iudgment upon tbeuiP
Mefkf\ The method is this ; when a report
is drawn up, a copy is given to b(»th sides, and
eai'h Bide puts in buch objections to it as they
tluuk proper ; the Alaiiier goes through those
objections, and having' gone through themi be
lurms an opinion upon the whole. Then it
goes to the Court, and the purtics hare liberty
in go upou those objecitoos before the Court^
ivho finally determine.
C(fm. Sen, i desire, my lords, that Mr. Mel-
ler may acquaint your lordships, who presided
in the Court when he came in ?
MeiUr. My lord Chwper, I take it, was then
Chancellor ; it was iu the year 170&,or the be-
gin Ding of 1709<
Com, Serf. We desire tc^kuow, whether lift
gave any money when be came into the office,
and to whom ?
Mr. Fiummer, We hare called this gentle*
man to give an account of the nature of the of-
fice of a Master in Chancery, we are not come
to that matter of giving of money ; we submti,
whether it is oeceisary to cultr mto that ques-
tion now i'
8erj, Frolf^n. If this gentleman is to be
called again, we beg leave to reserve that ques-
tion till they come to that part of the Charge,
Mr, Fiummer, My lords, I liavc another
r|ueslion to ask : it has been asked, whether tha
delerminatioo of a Master in Chancery is final f
I desire it may be asked, if ihe Muster in Chan*
eery makes a retiort, to which there is no ex*
eeplton. wl»ether the decree tu Chancery is not
according to that report ?
MeUa\ I take it, after the Master has made
a report, and there is no exception to it, that
report is lirst contirmed nr>*, and then it is con*
firmed ulisoluiely upon a second motion.
Mr, Luiijycttc, My lords, 1 desire be may
be asked another question : if there lie a rele*
rence concerning an answer which is alleged
insufficient, aitd the Master reports it insuffi*
cient, whether it is not final and c^»ncltisive»
uulesif the party takes exception to such rcfiortf
MflUr. Unless the party takes exception, it
is IfHiked upon as final : mr then he submits
and puts in a farther answer, and then the end
of relernng it to ihe Master is answered : but
ihu M ntv iiiuv cuccpt if he nieoses.
y' /tc. As to the taxing of cOits ;
wh £1 the costs are taxed lo a (^rticu*
bu" sum, ihmt IV not final and conclusive, unlesa
the party makc^ applimiiou to the Court ?
McUer, I I I did answer that be-
fore. The IVi i be baa Uxrd the bill
of (XMiti, the clerk in, 4;ourl» at 1 Ukt it» mtkas
I
I
I
I
I
I
8S9]
10 GEORGE L
TtU i^ike Earl^MaodetfUUt
•atSobpottiufbrcoitgorcoane; batleuinot
speak to tbat so well as Ibe clerks in court ; but
1 take that to be the piraoliee.
Earl o^ Abingdon. I would be gkd to be in •
Ibnned in this point : suppoaion^ a sum of mo-
ney to be laid out upon a purchase or mort-
gage, whether the titles of those estates are not
commonly referred to a Master, and whether
the Master does not judge of, or determine
those titles?
MelUr. In that case, I can only speak to
what came before myaelf. W hen there was an
•rder to put money out upon a mortgage, the
first step I took was, I sent the title- deeds to
some able counsel ; when 1 had his opinion, I
used the best of my judgment to inform my-
self: if I found no oK^ectioo, then I thought
I was obliged to fallow the security, and ac-
cordingly made my report of allowance ; and
then, as NastcK', set my hand to the side of the
deed.
Mr. iMtwyeke, Another question I would
bejT leare to ask, though it is well known, yet
it IS fit it shouM appear from the witness, and
that is, whetlier the Masters d4>n't sit upon the
bench with my Lord Chancellor, In open court
in Westminster- hall, erery term ?
Meller. My lords, in Westminster- hall three
Masteni are required to attend the Chaneelktr;
at his own house two; and the like at the
Rolls.
Com. Serj. If the gentlemen hare done, we
beg leave to ask one q|uestion : whether, eren
in the case of costs, it the parties are diasatis-
fied, application is not made to the Court
(though not b^ way of exception, yet by mo-
tk>n) to refer it back again ?
Mciler. In the case of costs, it bath been a
Tery rare thing to apjnly to the Coprt. Some
instances there have been, I believe, but few.
Com. Serf. I beg leave the Master would in-
form your lordships, whether in the case of
titles, if tliere ha|ipens any difference in the
opinion of the parties, they apply to the Court,
or are concluded by the opinion of the Master ?
Meller. I never knew, during the time that
^ I was in the office, that any title was ever con-
lested before the Court ; 1 mean in my own case.
Com. Sety. Whether or no he knows any
caae where the parties have differed in opinion
about a title, that the Master's opinion has con-
cluded the parties?
Meller. I don't know, while I was in theol-
fiue, that there was ever any objection before
me in the case of a title.
Mr. Robint. Give me leave to ask one qiies-
lion: yousay three Masters sit with my Lord
Chancellor at Westminster, two at his own
house : I ilesire to know what they do there ;
whether they sit as assistants ?
Metier, My lords, I don't know that arer
their advice was asked.
Dr. Sailer, My hNrds, I would ask, whether
thev ever interposed by way of judgmenti or
took upon them to act aa judges r
Meller. My lonit, I think Ml i Idoatft-
«lMiiber uy ioatamoc of iL
[jUO
Mr.Slramge. My kurds, 1 demn be asiy be
aakcd, whether what the Master ever docs ia
confirmed of course, or is there not a DMilioa
for tbat purpose ?
Meller. I thought I mentioned that hefeie :
1 shall repeat it again. There is firsta saolion
to confirm ni$i causa ; and upon the aeeond
motion, unleu there is cause shewn, it it cac-
firroed.
Mr. Strange. My lords, I deaira Kc may be
asked, if there is not an affidavit of acrriea of
the first order?
Melier. 1 believe there is ; hat that it the
business of the solicitor.
Mr. Strange. My torda, I beg leave kc bh^
be asked one question more, whether then ■
not a certificate dlsu from the Regialer ihafta
cause is shewn ?
Meller. My lords, 1 can't speak particalaily
aatotliat; it is a bosine^ that deea not Ue be-
fore the Master in his office ; I believe in many
cases tlie Register certifies.
Or. Sayer. We wUl trouble jrour lini*i|H
with no more questions except this one, that i%
whether we shall see Mr. Meller again f Fsr
if we are to take our leave of hina now, ws
should offer some other queetiena before he da*
parte.
Seri. P«ii^//y. My lords, 1 cant tell vha-
ther the Managers will have any occaaiec is
oUI bun again ; but he ahall slay here to al«
tenil, in order to be called when be it wantadi
either by the noble lord, or any other perssn.
We don't think fit to trouble your lenlshi|Ri
wiih any other evidence as to that matter, fhar
authority in Court appears by the commitiisl
lliat have been produced. It is not sakl ia tbi
introduction to the Articles, that the Maslon
are to cootroul the Liird Chancellor, hut to ai<
aist him in the administration aud ezecutioB ^
justice, of which we think we have prodoeed
the fullest proof ; and beg k'ave to proceed to
another part of our evidence, that which relatei
to the profits of the office of Lord Chancellon
Tlie ordinary profits, not to mention the ex-
traordinary ones, which have been made by the
noble lord within the bar, I think may be com-
puted lo amount to 8,000/. a year, or theit*
abouta; ao tbat there is no occasion to uit
other means. But not to enter into them allt
we shall only beg leave to call one witness 10
prove one gross annual sum of 1,500/. a year
paid out of the Hanaper office. My lords, ws
ilesire Mr. Py useiit may be asked, for what an-
nual sum he acctimpted to the late Lord Chaa-
cdkNT out of the Hanaper-office, during his tiiaa
of being in the said office ; how much he hst
paid him ?
Com. Serj. My lords, I beg leave to oppssa
that question. J believe there is no paymsil
from the crown but what is always upon record}
and iherefore that being a matter of a higher
nature, tliey ought to produce those reesidi^
and not examine witnesses viva voce to it.
E. of Maccletfield. I believe tliis genlleaai
b right iu his objection in point of bur. BCk
Mlbit
841] J^r High Crimes and Misdemeanors.
and { t^eliere an bnoest inaOf 1 will not iiuist
till Hieiiicety«
^erj. Fengeh^, We desire to know how much
ear he hus ymd lo llie iimpeucbeii brtt uul
rtlie Httuaper-ofiici^ !^
I J*jfnsent, I have nri voucher wtlh me ;
Mi nj farii!! I can cliar^^e my ineuior}'i it is
ffcitt 13 or 1,'iOOl, a } eur.
E» ot Macckffield. U" be ha<! had his niemo-
iiiJum H'lth htiiif 1 «vas wilhuti^ he jiUould
\ your k>ril»1i)|i$ an account orUmt tnaiier ;
iF he s]i4?aks otily by an uuceir Latin memory
, 1 bu|)e I shall not be hound by it^ efl[»ecially
pD he hiintieU a^si^^tis the want of hi»
i*h«r!i as a reason why be Ciionot be certain.
erj. }*tngtil^, My lonis, wc desire he may
ke*!, how much bo can t^ke u}>ot] bim to
r be has paid f li i» not material whether by
iDt or ipecial direetioti i It in only a ques-
i^n oK tact) wbeih«^r he can be ceriain to a
B« either is ur l,4iKi/. a year, or i>lber sntn f
Pyw^eiif. I caa say above 1,000/* a year.
' had my Touchers here J could be more
A. D. 1721.
[842
y Serj, The Dibble lord waved the objec-
, op<Mi a sup[io«ition that he had a certain
iiDC< As he has Dot, I mmt hefr leave lo
tfit upon the objection that 1 made against the
ahty of the pronf.
if/Lutwyche. We only ask in this co»e to a
, what he paid to htm; and I will add this
her, tor what tirueP
Frobi/n, My lordSf we must insist
'oor objection. The witness says he is
ato how much he has paid: he suys he
I vouchers, which will shew the particular
pa be bas paid ; and since it is in their
iver tn produce those vouchers, we must
: it that they shall produce the best eri-
tbey have in their power to give, and
I receipts and voucliers shall be pro-
N, Ser/. Tlie Answer of the bon. IVIanag^ers
|fthe objtrction is no answer. They say it is
patter of f^ct; but that matter of fact is
liter of record ; it must be pruted by the re-
jhlt because the law exfiects the highest
' to be mad^ that ean be, even in tritlin<^
, and much more when the honour of so
\ a lord is in quesdon.
Frohifn. 1 desire lo know if there m
\ eiiitstantfy a receipt given upun every pay-
Dt?
ynnent. Yes; and those receipts are
_^ led iutothe Auditors* office, and there they
SSerj PraLyn. Then they can be come at F
Pyn$ent. Yes, ihey are rurried in yearly.
Sot. Gen. My lords, I did ncit expect this
f^jection: but we must submit it, ivhether
Uiere is any foundation for it. Jf the miitter of
y>e insisted on, oniy with respect to the
jpiveo, there is no need of it : better c;vi-
annot be given to prove payment^ than
r man who paiil it. The comniun evnience to
payment of money, is to protluce a man
f «wear tbaC he patd that money. No better
evidence can he given ; and though a receipt ig 1
given, yet when a jvcrson proves l»e paid iitii\
money, he need not produce the receipt: ititfl
better evidence tlmu the receipt: a receipt ma# j
be ^iven without payiiieul. Therefore weap«
prebend ihut the witness's proof of the pay*
ment i^ sufficient to prove this matter of fact.
Com, SerJ. 1 apprehend there is no mooey 1
eitlier received or issued out by the crown, but j
what appears by record « It is not only tbostf 1
reci^ijits that is the strength of tbe objection; J
but when there are matters uncertain, and the]
witness says he can't declare what it was, whe*
ther upon tbiit loundation yourlurdiihips wont I
ex |>ect a certain evidence, not only from th#]
niitnrti of the thing, but from the present clr J]
cumslances of thm case, when the witness de-
cbres that he cannot remember itf
Mr» Sirange. My lurtts, 1 wonder to hear ill
said, that a person who swears to Uie psymeut J
of money is the most certain evidence. H0
may be inistttken, tbe receipt cannot. There- I
fore we must isubmitit, as ihey have opened it, '
whether this is the be*t evidence ?
Mr. Luiuyche. My birds, I wonder
lordsbi|is libould he troubled with any thing of
this kitid, in order to prove a salary of 1,500/, i
a year bel«>riging lo the noble htnVa office, wheif 1
we ask only to the rpiantum of the sum whicki [
be did receive from Mr, Pyrisent : the qiieidtiogi I
is, whether \%e shall be adniitied to a?»k tbatfi
questinuf* It is admitted that the nitness paklj
the salary : all the ifuesiion is, what he paid?!
E. of ^f^^ccie>Jieid, My lords, J am sorry* I
your lordsbijps^ time should he lakeu U[) about a 1
tlttng of this kind* When tbe objecfion wa< j
first made by my counsel, which K apprehend
IS right, 1 stood up to acquaint your lordships,
that I did not insist U|H>n tbe nicety of it. Thig^
gentleman used to pay tne money, and I be*j
lieve he is a very honest gentleman ; but wbeii
be comes to say he is not sure how much, autf J
they were working him up 10 a biglier jiilobjl
and these jjenileraen, for aiight I know, of 1
their sotidtor, may have tbe receipt* in ihetr j
pocketjj, [ thiiughi it Has I hen high time to>J
stop ihem. This gentleman did say it wqM\
more tlian 1,000/, My lords, 1 admit it, f 1
believe it to be 1,100/, a year, or thereabouts 1/
if I knew exactly, I would tell it, I never in- ]
tended to dispute the inatK^r.
Mr. West. J wuuld not have your lordships
im^igine that the Commons are capable of
working up a witness, li is unworthy of tbt^
Commons of Great Britain, uf the geoiletne
up pointed Managers in ibeir behalf; it is tm-
piissible I bar they should have any view bti|
the truth of the fact, aud the justice of th
cau^e. The question nsked was only what i
was be paid ; it was not endeavouring to work
biin up to any thing. If this was a questioi^l
relating to the crimes charged upon bis lord*
ship, I should not have beefi so much sur-
prize il ; but this IS only un agy^ravalioa con*
Mined in the preamble, t think the litigatin|Lj
tbe point is as great an ai^gravation^ a& tM
proving the i^aymeu^ ^K V\\ta ve^^scuc^ ,
8131
10G£ORGE I.
Trial of the Earl qfMacdetJkU^
[m
£. ofMuccle^ld. My lords, I did not in- 1
teod any reflectioo up^m the Commons : nor
did I say any tbio^r wUich ainouuts to it. 1
did say the solicitor ODight have the receipts ;
I don't know what thev have in their bands.
The learned gentleman that spoke last, says 'tis
not a charge, only an aggraralion : it' it be an
aggravation, should ilnot be proved, and l^ally
proved? But I have been ready to make this
matter easy, for I agreed it to be as much as
the'ur own witness can with any certainty say it
was, and I don't think it to be anv a^^grava-
tion; and therefore told your lordships I be-
lieved it mi^ht be 1,100/. a year, or thereabouts,
not being willing to take up any more of your
lordships time about it.
8en. Pengflly. Ny lords, the Managers for
the Bouse of Commons do not think it so ma-
terial whether it be 11 or 1,500/. a year. We
will take the noble lord's admission: and we
apurehend, as it is 1,100/. ^y^^f iiiati reason-
aUe addition to the salary of his ofiice.
£. of Maccle$fidd, I only would ask this
question. Do you remember what the Chan-
cellor's annual salary is ?
Pyruent, jNo, I do not.
E. of JlaccUifield. That is part of the parti-
cular that makes up tlie 1,100/. per annum ?
Pynsent, 1 tliink it is so.
£\ of MaccUtficld, Is it not 900/. per
annum?
Pi/iucnt. I thiuk it is thereabouts.
Coi/i. &r;. My lords, I desire he may be
asked, whether or no this 1,100/. a year hath
been usually allowed to the preceding Lords
ChanceHors ?
Pj^nscut. I take it for granted that it was so.
Serj. Pen^cliy, My lords, we shall now
proceed to call our witDHses in support of the
rCinth Article, that being a distinct particular,
relating to a sum not at all involved io the
questions touching the Masters ; and, as we
apprehend, receiv^ by the noble Earl under _ „-— „ ., ^_- _
circumsuuces of the greatest ag!;:ravation that j dein duni eadm' Cur stetit et foitin Vm^
is posiible; abusing the royal authority, or "
that share of it which the noble lord enjoyed at
that tiiiie when he was one of the Lords Jus-
tices. Therefore ne |rive preference to that
Article, and desire 31 r. Thomas Benuet, whom
I see in your lordships' House, may be sworn
and examined.
[Mr. Thomas Ben net sworn.]
Serj. Ptugeliy. My !<»rds, Mr. Bennet was the
person who was pos^e^s«>d uf the office of the
Clerk of tliu CusioJieSf at the lime ot the resigna-
tion of it for the beiietitof Ml-. HaiuiT>ley, who
has now a patent. We have tlie patent here ; and
if that be read, it Hill mure fully acq: aint your
lordshiiis with the nature of the office, and then
we shall acquaint your lordships wiiik the na-
ture of the transaction.
[The Patent begun to be read.]
" Teste, &c. 5lo Septemb' Ad. 10 Georgii
Regis."
name be not mentioned in the Fttnt, yetitis
sufficiently known from thcdateaadtiBWofit,
that it was when the noble lord waa ooeof the
Lords Justices, and had the custody of the
seals, and that at that time lie affiud'the Mab
to this Patent.
{Then the Patent was begim again to be
read.]
£. of MaccUtJUld. My lords,' I b« puto
for interrnptuig ; I don't know WMMrthqr
tliink it of any |iarticular use to read it tkn^hi
if not, for saving yoor lordahipa' time* I tiik
that a i^rant waa made of the oflioe lift;
Hamersley, on the surrender of MrBoBt
Serj. PengcUif, My lorda, as it b wmmaf
to shew the resignation of Mr. TboamlBil^
so likewise the nature of the office ;
tore, to the end that may be the I
we beg leave the Patent may be reed.
[Clerk reads.]
^' Georgius Dei Gratia, Blagw
Francise et Hilierniie Rex, Fidei D<
Omnibus ad quoa preaentes liters
venerint salutem. Cum nos per '
tras Patentes aob Blagno Sigillo n
Britannis confectas gerea' dat' apod WoV'
vicesimo die Martii, Anno Regm ""^"^^
pro nobis Heredibus et Suocevor
dederimus et Concesserimua Diledo ct Ahlj
nostro Tboinae Bennet Armigero Offidna '
rici ad Scribend' et Conficiend* ooBoiacI
gula Bna de diem clansit extremais, ctl
damns et Commiasiones ad inqnirend*
mortem et de Ideotis et Lunaiids et ad M
inqnirend' iude et supersed* eonindem ac
nia al* Bria et Process' eoruikd' ac omaii #<
Biia de Process' cujuscunqne Generis
Natune vel Speciei essent vel forentque ^^
turn de vel nuper in Cur' Wardor' et lifaM
num aliquor' Predecessor' nostror* aalflr"'^
Kegum vel Reginar' AngP per Wamat'
Seij. PengtUy. Though the noble lord's
Vigore fact' el Concess' assignat' vel i . . ^^
tuat' fueraiit, vel fieri conce«li assignari rdip ,.
nunctuari consuerant vel dobueranl ae^^ ^
m Cur' nostra Caocellar' vel aliquor' preilcrt ^
sor' nostror' antetuiic Regum vel Regiatfll ^
Angl' sub iMa^iio Sigi.lo .^ngl' impetnt*
persecut* fuerant «el iii)|>etrari tt proMqaic
sueverant %et dt*hiierautac oies et ^inguriii^
Paten' de CuNtjuf Curporuin onmiuin Wirf*
Idiotor' et Ijiiiiaticor* ii«»slror* Uered' *t^*55
sor' n(»stroruni rt de >l3ritac' eoruail* Warf^
buh Masrtio Sii;it!i» Mai;:nie Britannisimp
et pristqui v.V necu'iu umnia al* Bria Ca
sioues et pr>icesN^ cujuscunijne Generis Ni
nis Naturu: \lI Speciiri es*.c:-i %t\ ft»niitdt*
ioCur' nostra Cjnce'.!ar' ll;ered' etSo
nostroruni sub mnirno Sigtllo nro Magacl
tanniK Heretlu* vel SucceMorun noftrtrt
premissa prnlicu sen eornm ahqaa tujfi
vel concernen' fiend' conccdcod' iflipetnir tf
prosequ-: lid' Habend'teoeod'gaiidfni'ct^
cend' predictum Officiam el omnia cCfl^^
premissa prcdicU fupcnns
ris N««
r«tdiH
JiiY High Crimes aiul MUdemetmcrs*
A, D. 1725.
[E
f^(*Tmctt |>fr wipsum vel per snfRcicn*
iitnt' finum 9\v^ Deputatos suos Buf-
vT Liicraruiti nos-
• m' el pro Ttrmioo
IS I'hoiuoE? Bennett mm cum
prosic* et advanlag* ad inde
jitMut i»er ifafJem Litems Faien* (inter
iKtU'in I'otitent' relatione inde habiia
i\\\ei et apparet curn<)ue prsfat' Tho-
iiett per qafiddam Scri[»tnin suum sub
Kigifto suis sigillat^ gtreu' Dal* nono
Att, Anno li^;ni nostri decimo, ac in
lice liar* nostra debito raodo Irrotlai*
et premiasa pred'tcia ac tot' statu m
ium et ioteresse saa in eisdem una
is reciter Literia nostrts Paterttibtis
twl' in Manus nostras aursum reddi-
i quidem snrsum reddilionem ncis
a€ per presentes acceptamus
\ quoit nos de Gratia nostra apeciali
*cientia el mero moiu nostns De-
Hc ; I ^c per presentes pro no*
sioribus nofiirb Uamus
llu^i <i«)r« ici et tideli nOBtro Hug'oni
Sj de Jhterjori Tempio Londin* Armi-
ism Otticium Clerici ad scribend* et
il' omnia et singula Bna de diem dau-
\x\\u\ f'l Xlfliitjanius et Comrarssiones
itora et de Idiolis et Lu-
^iiirend' inde ct snpet'sed*
Bnnuia ai Bria et Process' eorund*
f Bria **f process' cnjuaciinque Ge-
■ifir vel Specie! sfilt vel fuc-
af*»' I nuper in Ciir* VVardo-
' iTii aliqiiornm Predecessorura
Urtfiitti vel Rf^nnartini Ang^l*
1 Cur' stctit et
rss' assignal'
liw: VI M new concetli aasig^>
lipi rinsuevertmt Tel debue-
m »^f I i>i ^ ur' nostra Caacellar' vel
I Pre<ieces«ornn> Do^troram ntiper
rl Reuinaninft AogrsubMagnoSipKo
iprtrat' et jirosectJt' rpenint vel im-
^jr<i*rffitii rooKueferunt vil debit«ruiit
I r Liferaa Pateo' de Costodia
inii Wardorum (diotorum el
ufw nfjitrnnmi Hierni' el Hucceaaor*
n rt df M'triri'^* forund* Wardor* iub
'Tiiiiie imjielrattd'et
I ai* Bria Com-
et prortiis' ciijijiicuiicjne Generti
ilnfK rel Rpedd slot rrl fucritit de
i3$tiCfs»Mir^ nimtrorum
el
Ig^Hmia et Kiu'rufvi ■
;ria
|k^'. .
^^^■Hdiu Cu[
. iio?,tTft
^K^r^ n
n>^lcnim
leu quovismodo impetrand' Ordinamnn* Coti-^
stituinius, £ngin)UJ$ et Stsibiluiins per preseiite '
H abend' Tenend' Uteod* Giiudeud' Exrrcend
FungenrP et Administrnnd' predict' Offii^' i
omnia et singula iiremi^a preilicta superiu
fpeinficat' pretal' Hu^oni Ilamer^ley per teip
sum veJ p4 1 '^ '^1 It siv^
Deputalos i trui]|:|
literarum titj^natum i dii-nL an 1 CI iiHutiiu et
pro Termino Vit«e oaturalitf ipi^ius IJiif^onia
Haroerslcy una cum omuibuaet siu(^ulis Feod*
profic* commodilat* emolument' juribus Pri*
f i!ec* ct al' rebus quibuscunque iiiodo vi ~
antenac tisitat' pro premissa vel coruin aliqu
recept' aea eif?dem fet eorum alicui perttnea
inciden^ f el incumben' quuvi^modn adeo plen4
libere et fntegre ac in tarn am^dtt moao
forma prout prefat' Thomas Beouelt, vol aliquis
alius BJTe aliqut alii prediclum OlHciutn et
co^tera premissa sea eorum aliqu' anteba
habentes vel e\*ercente3 habens sieu ex
habuerunt exerrucrunt perceperunt et gavid
fuerunt habuit exercoit percepit et (^tisus fuil
aut habere exercere percipere aut gaudere de-
buerunt aut debuit in et pr^ Exercttio ejuideta
Officii et cceterorum preraissorum. Et ho
absque eouiputo sen aliquo alto prolude ooh
Ueredibus Tel Successoribus noatris reddend*^
sol vend* Tel taciend' Volumus etiam ac
preseotes pro nobis Heredlbus et 8ucceasonb
nostrts concedimus prefat' Hugoni Hamerdej
qnod jp^e cuatodiel lutrabitet transcribet omnc
et ftngolos Ordines Reparltitif>nes et cotiipu
tact* declarat' et perfect' sive (aciend* dech
rand^ et perficiend' tanp-eii' vel conccrneti* diet*
Idiot' vel Lunatic* et stai' * oruiid' vel eoruro
aHquorum vel aricujns Volumus etiam q*iocl
nutlus alius Cleric us Cancellarte nosime
Hered* vel Successor' oostror' nee uliqu is alius
sive altani alii cum 8cnptur' CMulecUoue seu
Contpositione priHlictorum Briorum CotD«j
mission* process* Literarum Paten' vel cun
Cuftodia Intracone et Transcript! one predict j
Onlin' Reportation* etcomputorura autal'pi
mis^oruiT) aut allctijus eoruudem ullo modo iie i
trofuitiat seu intromiltant, ?.ine assensu et co
sensu ipsius Hugonia Hamersley. £t quod idco
tlamersley aut Deputat* suus sive Deputai* «
iufticien' tn h;tc parte asfiignat* aive assiigntind
Omnia et sintrula predicta Bria Commissiooe
Literaa Paten* OrdiTiationesCerttGcation' Con
|>o«!tion* ct ccrttcra premissa de wel in diet* Cur
Cancellar' nostra ac Heredum et ^uccessoniQ
nd* conficiend* impetrmnd
ve! tranacribend' icrib
i« uitrarc et transcribere
eorum
|>OS!llt,
Dpua C9aC6ilcuti' pioaequeDd*
In cujus ret
{\^^^ <W-imiit
K^g^i nostn apud V\ p*tmon aster mm quinti
Die Sc"i>itml»riN. Ititjo Tl«uiii rio^iri Decitiio.
p:»t Is -lu.i***^ timt tllib ortitti ii» ui (heK^tfl of
iLr . nvvii : It likewise abews, that lb* resiff*
uaiion of Mr. TbofDM Bmititft was fsr tk%
S47J
10 GEORGE I.
Trud qfthe Emi qfMacek^UU,
[84
benefit of Mr. HMnerale^, for that if recited id
the letters patents tbeoMeives. Now, oi j lords,
we shall shew your lordships upon what con*
sideration or bargain that resigoation and new
grant were made.
Com. Sen, 1 beg leaTe to make an obieotion
to that : The foundation of this Artide is a
corrupt agreement for the resignation of an of-
fice accepted by the Lord Cbanoellor. Now
in the letters patents in general, a resignation
is taken notice of; but they ought to make it
appear, that his lordship's permission or ac-
ceptance of it is necessary. The resignation
is not made to the Lord Chancellor : There*
fore we hope it shall not, by way of conclusion
and implicatloni be an evidence to prove this
resignation to be accepted or procured by him.
The resignation was in fiict made without his
pririty ; and the resignation itself is of record,
and must be proved by record.
Sol. Gen, My lords, 1 can hardly think my*
■elf at your lordships' bar, by the objections
which are made by the counsel for the noble
lord. They object before they hear us : They
object we cannot prove the resignation to the
Earl : when we have produced our proof, then
they will see whether it be sufficient ; it is time
enough for them to make the objection then.
If we are to be objected to, upon every witness
we call, belbre we have asked them one ques-
tion, 1 am afraid a great deal more trouble
will be given your lordships than we are will-
ing to give. We are first to ask our questions :
If we ask an improper question, they may ob-
ject to the (|iiesiion ; or, if tiie answer don't
prove our Charge, they may observe on it
when it is given. 1 little expected this method
at your lordi»hi|>B' bar.
jLordi. Go ou, go on.
Serj. Pengelfy. We don't apprehend there is
any occasion to euter into this objection. It is
a resignation to the crow a, but through the
hands of the Lord Chancellor : He is the lord
that puts the seal to the instrument : But if
further evidence be necessary, they must ob-
ject to that when we have gone Uirough the
proof. Therefore we beg leave to ask Mr.
Thomas Bennet.
Mr. Lutwyche, I thooffht they would have
objected to our asking Mr. Bennet any ques-
tions at all.
Mr. On$Umf, It is rather an observation upon
our evidence, which will be more proper for
them when they oome to make the noble kMrd's
defence.
Seij. PengtUy. We beg leave to ask Mr.
Bennet, what afiplication he made for liberty
to resign this office, and for Mr. Hamersley to
be ailmitted ?
Tho, Binnet. My lords, as soon as I was ad-
mitted a Master of the Court of Chancerjr,
which was the 3i\ of June 1723^ I thought it
inconsistent to hold this office of Clerk of the
Custodies, whKh 1 had before ; and therefore
I intended to surrender it to some person that
was proper: And after I had found Mr.
HaiMrslty, awl nutda an agrttmeot with lium»
I appli«Mi to Mr. Cottingham, tiwa aacRtar
to my Lord Chancellor. I told him 1 wt
possessed of an office in the gift of tlie crowi
and was willing to surrender, and was going t
apply to a secretary of state, to get the king
leave to suirender, for the beoefit of Mi
JHamerslcy. I told him that the office beis.
in the Court of Chaucery, the secretary c
state would naturally ask my Lord Cbao
cellor, whether the person I proposed was «d
affected to the government, ami qualified k
the place: And therefore, for that reasoa,i
thought it my duty to acquaint mv LordCbM-
cellor with my intention, and who the finm
was I intended to succeed me. 1 dfvmi Jfc
Cottingham to acquaint my Lord Chmmlkr
that Air. Hamersley was the person. Mr. Cie*
tingham replied, he would acquaint mf Ud
Clianceilor, and I should have an ansMr m
soon as possible. He appointed me ts bhI
him the next day, when he told me heMw-
qiiainted my Lord Chancellor who the isnoi
was, and that my Lord Chancellor said be hsi
not any knowledge of him. I told Mr. Csi-
tingham be might have acquainted his bad-
ship that he knew him, for he lived the doI
door to him. He is a gentleman at the bar sfl
known; and I do assure you he is in the i^
terest of the government. Says Mr. CsiMf-
hani, my Lord Chancellor don't knov bisib
nor do I. I was surprised at that. But bsv-
ever, said he, Mr. Bennet, there is a prHOtf
expected by my Lord Chancellor, and if I
made that present, the thing might be anis
easy, and my Lord Chancellor would do iM
he might succeeil me in my place. Mr. Cot"
tingham said, tliere umst be a present. Oi
this, I told Mr. Cottin^^ham, that itwttiil
usual to give any present upon this ocesMil
that, in my own caise, when I cause in, 1 gifi
none to my lord Cowper ; and my brother tdl
me that he gave none ; and tliat at his oish
ing iu, he asked lord Cowper if any tliiog «ii
due to him, and my lord Cowper denied M
any thing was duo, and absolutely refused s4
thing : Besides, said I, it is very hard for flf
Lord Chancellor to ask or accept any diii|
from me, because I so lately paid him so ffii
sum as 1,600 guineas for my Master's pUsti
but if he will have it, I will give bin Ml
guineas. He said he would acquaint flf
Lord Chancellor with it ; and the next djjVi *<
tlie day afier, he told me that my Lord Cm;
cellor would accept <" ' "^
small present, and
accepted it ; and my
Hanover for the king's warrant,
have no further trouble besides paasiag i*
patent.
Seij. PtmgtUy. My lords, I desire bam*
be aaked, W heUier he paid tlie 100 gmmm >
Mr. Cottingham, and in what nanner f
Tho,Bennet. Ididpejit; I ^biakHk^
inaBankbiUofloy.
[>ld me that my Lord CiMq
i of that ; but it was a M^
d it was a favor my M
my lord wouM send ovsril
kind's warrant, and I srf
fiir High Vrimet and Mitdememors,
fmigelfy. Do you remember at wbat
A. D. nu.
[850
Bennet, It was lon^ before the ref ii^^-
For^ some oootiderable time af^, Mr.
baoi asked me^ what 1 meant that I did
I the pateoi, for the warraDt was come
[ said I had employed Mr. Tench to do
however I wonld speak to him again ;
ooordiod^y ^ ^^t ^'^^ ^^- Tench pass«
•tent, and I paid him 64L 17f. the fees
mg the patent.
Pengeliy. Was that orer and abo?e the
neas?
Bennei. Yes, my lords.
Penfi^elfy. Was there any deduction
r payment of the 100 guineas P
Hennet, None at all.
Miwyche, My lords, I desire be may be
ow long this was after he was admitted
r in Chancery ?
Bennet. I beliere it was about six weeks,
iimitted a Master in Chancery the be-
of June, and the latter end of July
If, I surrendered my office of the Clerk
Custodies.
Pengelly. We have done with Mr.
Probjfn, If the gentlemen have done
i, we beg that he may be asked a few
s on behalf of my lord Macclesfield ;
ras it vou desired Mr. Cottingham to
yoor favour to my lord Macclesfield.'
Bennet. I desired Mr. Cottingham to
: my Lonl Chancellor, that 1 intended
myself to the Secretary of State for
larrender the place of Clerk of the Cus-
nd to beg the favour, that if the Secre-
State should enquire of him after the
and circumstances of Mr. Hamersley,
t assure the ^!$ecretary uf State, that he
lan qualified for the place, and well-
to the government.
Prebyn. Was that all?
Bennet 1 think that was all.
?rohyn. Was that all that Mr. Cot-
I told you he had asked ?
Bennet. 1 don't remember any thing
at only Mr. Cottingham returned for
my lord diil not know Mr. Hamer«iley,
ost make a present ; and then what i
ironid be complied with.
PrtAun. I think you suy you had some
rith Mr. Hamentlry alMiut ibe surrender
otfceP— 7%o. Bennet. Yes.
Prohyn. Had yuw come to any agree-
tb bim for tlii' nflire, if you could pro-
nrmder and adiniuance ?
Bmaet. Y«9
Rrofrjm. Th( o I de<ire to know what
■Miey he was to p^y you for that ofticr,
•old pni- nrf him lo he reconniiended ?
?tmgtUy. We hope the counsel will not
I •juration.
IfM. It is not so proper for us to object :
MMi if to come from hitn : we may
Ifcil hr b not Iwund to answer 3uch a
. X¥I.
The. Btnnet. I desire to be exeused answer-
ing a question that is not material on one side
or the other.
Serj. Probyn. I hope it will be thought rea-
sonable, that he should inform your lorvlsbips,
what was the consideration that mduced bim to
surrender bis office, or what money he was to
have P
1^. Bennet. I might have surrendered that
office without receiving any money for it ;
whether I gave it away, or whether 1 aold it,
is not material.
Mr. Strange. I desire to know whether he
gave it away P
Mr. Wtit. The queatioo is only to iodnce
him to aoease himself of a §uA wbicfi may be
prejodicial to bim, and it hath no influence o«
the question before your lordahipa ; which is
not, whether this gentleman bad a right te
give away or sell his office, hot whether tba earl
of Macclesfiekl corruptly look money P
Sol. Gen. It is our duty that be shouM noi
be surprised into a question that may aubject
him to ponishment. It is net properly an ab-
jection from us ; but we ought to let him know,
that an anawer to thequestion nsay subjeet him
to a prosecution. If he thinks fit to aniweri
we have nothing to aay to it.
Mr. Plummer. I have another objection to
the putting of this question. I perceive the
counsel intend to draw out this trial to an excee*
aive lengUi ; I hope your lordahips, for your
own sakes, will not permit this question to be
answered.
£. of Abingdon. If this point be insisted on
on both sides, it cannot be avoided but they
must withdraw : but I hope the counsel for the
noble lord will consider very well of it, before
they nve your lordships or the Managers thai
trouble : for if your lordships should judge the
question unreasonable, it would throw a dis-
grace upon themselves, and be at least of ne
service to tben(»ble lord that is impeached.
£. of Maccletfield. I humbly appreliend this
question to be extremely material, as that cir«
cumstance of his having made this preaent of
one hundred guineas out of two ihoosaiid, per-
haps, which he received for surrendering the
place, roust set this matter in a different light
than it would appear in, if notliing else had
been done but the bare paying of the one hun-
dred guineaa ; but since fperceive it to be your
lonlships' sense that he ahould not be asked the
question, I therefore decline innistinff on it.
Ur. Sayer. My lords, I beg leave to ask Mr.
Bennet this question : he was pleused to say
that he gave a hundred guineas; now I desire
it may be asked of bim, whether he gave it to
permit him to resign, or to give a recommen-
dation of Mr. HaraersleVi or what else ; that
he would please to explain it, wtiat it was given
for?
Tho. Bennet, I have said it twice ; hot I
will repeat it again. I said, that it was that
my Lord Chancellor might recommend the
Ki-rson to the Secretary of Suto; for I eppre'
ended it was not in my lord's pewer or (^k
yl
851]
10 GEORGE L
Trial of the Earl of Maeddfidd^
rsst
be might have done it without taking any
money.
Dr. Sayer. Wi h resrard to the 64/. odd mo-
ney, what was thnt paid fur ? Whether lo the
Great Keal only, or tor the whole fees in pass
ing the patent through all the offires ?
Tho, Bennet, It was |>aid to Mr. Tench, the
clerk of the patents, who psMied this patent
through all the offices ; and the great seal was
incliideil in it, as I apprehend.
Dr, Saver, 1 ask who tliis Mr. Tench is,
whether he is an officer beloitging to the great
•eal. nnderthe Lord Chancellor f
37^1 Bennet, He iscleikof the patents; 1
do not know who he belongs to.
Mr. Robim. My lords. I desire lie may be
•sked, whether Mr. CJotlingbatn told him, that
the lord Macclesfield insisted upon any parii
cular sum ?
Tho, Bennet, Mr. Cottingham told roe, that
my lord insistt*d upon one bun! red guineas ;
•tid I argued the unreasonableness and hard-
■bio of it.
Com, Sery, My lonls. I desire Mr. Bennet
may acquaint your lordships, whether ever he
made any application to the noble lord for per-
mission to realign ?
T. Bennet, i never spoke to my lord myself.
Sorj. I'engelty, W th** ifcntlemen buvf done
with him, we beg leave to explain this matter,
and to ask him upon what account it was that
BIr. Cottingham, trom my lord Maccicsfii'ld,
mid a present was expected P
Tho, Bennet, I cannot say what was Mr.
Cottingliam's reason : but he said my Lord
Chancelk)r did not know Mr. Hamersley ; and
then he went on, and said, a present was ex-
pected. I apprehended Mr. Cottin$^hnm took
It, that I could not do it without my Lord
Chancellor's consent.
8erj. Pengclly. I desire he may be asked,
whether the KX) guineas was paid for a recom-
mendation of Mr. Hamersley, or that the whole
of procuring t!ie warrant for the patent was to
be done for il ?
Tho, Bennet, Mr. Cottingham assured me,
I need have no f^irther trouble about it, if I
would pay the 100 guineas : he would ifct the
kind's warrant ; and i should have no lurtiiir
trouble, hut passing the |>atent.
'Scrj. VengcUy, My lords, I desire he may
be asked, whether he de|)ended upon these as-
surances, or whether he made application to
any body else ?
'Tho, Bennet, I never made any other appli-
cation ; and I tolil Mr. Cottingham, if any ac-
cident happened of death, &c. before the war-
rant came over, J hoped my Lord Chancellor
would ntum the 100 guineas; and he said,
surely s«».
Se'rj. Pengelly, 1 beg leave to obeerve, that
the patent proves that this corrupt bargain was
execntetl.
Mr. Luiwychg. 1 desire he may be asked,
whether Mr. CoUiDgham delivered to him the
•ign-manual, or wImUmt Mr. OntUDghaiB got
Tko Bennet. I never saw the
He delivered it, as 1 bt-lieve, to Mr. Tencb.
Mr. Lutwyche. l>id BIr Cotliniebam givs
you notice when the xign -manual came over f
Tho Bennet. Yes ; he dul give roe oolioe it
wa- come over, and was very angry I did not
go alKiut it.
C'Mir Serj, I desire Mr. Bennet may girt
your l(»nlships an aceount wha nine it wu?
Tho. Bennet. About toe latier emi of July.
Com. Serj, I d. sire lie iita> be asked, wba*
ther he liad not made app ication to the tere-
tary's-ofGce ?
Th(t Bennet. No, 1 had not made any ip
plicuiiou at all.
8erj Probyn. Did you never m -ke anj^
pliraiiuii to any other |»erKiHi, either hefiNtV
atier? — Thi4. btnnit. I a n |M»Hiuve I didMt
Serj. Probyn. Did you e«er sav, aliout ihd
tiine« tliat you bad made appUcaliiHi to mf
oibi-r person?
Tho B nnet. No, 1 don't remember Ihil I
did.
Seij. Probyn. No ! Did you never sMb
apphcation to any body elite ^ .
Tho Bennet, I never told any body,totlM
best of m\ know leilt^^e and belief, lamfoy
confident I uiter did.
Serj. PrngcUy, My lords, if they bavediot
with this viuness, we beg leave to call Mr.CM^
tingham. wh(» was a ; agent, and paid overtbii
money to uiy lord Macclesfield.
Mr. Peter Cottingham sworn.
Serj. Prngelly. My lords, we only call Mir.
Cottingham, to acquaint your lordsbipa wbca
he paid over these 100 guineas io my Ud
MaccleHtield.
Cottingham. In July, I think it was.
Serj. Hengeliy. How loni; after you receircd
it from Mr. Thomas Bennet?
Cottingham, I believe 1 paid it over tbtt
day, or the day after.
Hc'ij. Pengelly, I desire he may be asked,
how long before the patent was passed ?
Cottingham. I can't tell, because 1 can't ecr*
tainly say when the patent passed.
I^r. iMlvyche. We desire to ask him, wht'
thcr it was that year when the king was beyooA
s€ a ?
Cottingham, I think, my lords, it was; it
was in J Illy 1723.
Com, Serj. If the gentlemen of the Hooieif
Commons have done with him, 1 bevT that bt
w«»uld give your lordships an account vImC
dis( oiirse he had with Mr. Bennet ?
L. C J King, You hear the questioo.
Cottingham, Mr. Thomas Bennet told IM
he had agreed with Mr. Hamersley for tkt \
place of Clerk of the Custodie* ; and that kl
did not think it convenient to keen two swil
conaiderahle places, which depeniled upon kli
own life oulv ; that is the Mas.er'a plai%
which he hatf before purchased, and this. B* ;
tidd ine he had di8|»oseil of this plaice la Mr*
HamerHlejf, in order to reiroburae himself p^
of the ONoey he bad ptid to Mr. UiooMiBb fc
51
Jbr High Crimti and Misdemeanors. A«D.l?f5* [854
! Master'f place thmt be had purchased oi*
kim, uad tor tnat reasoD be did uot care to keep
Cam, Serj. Bid be fell you hovr much be
id disposed of it for?
Cottingham. No, he did not.
Com, Strj. My lords, I desire Mr. Cottinir-
mtjr be asked, what it was Mr. Bennet
red him to reiioest of my lord Macclesfield?
Cotiin^ham. To iho best of my rem em -
ice, be said J he hoped that bis lordship
lald accept of 100 gurneaS) becaase be had
'wed from him so lately a present fur hia
Eer*8 place, and he deiired his lordship to
ard his petition to his majesty,
llr. Sayer, Was this oii the first applica-
f
Cidiingham, Yes; be oerer made but ooe
lication to me.
r. Stayer. It is of consequence ; atid there-
1 desire it may be asked, whether, at the
time he applied, he m&de this ofier of 100
meas?
Cottingham* He did, and I paid it Ofer to
ly lord Macclesfield.
Dr. Satfcr, I desire Mr. Cotiin^hann noav be
1, whether be kaew Mr. Uamersley before
lime?
C4ittngham, I knew bim very well, be was
oext door neii^hWur both in towD and
try.
Dr. Saycr, Did you tell Mr, Bennet you did
t know him T
Cottinghiim, No, I never told blm so, it was
ibie I should ; be was nay nt^xt door
bour both in Bell-yardi and at fiamp^
Br. Sayer, What character had Mr. Ha-
ley ? — Cot'ingham, A very good one.
£. of Macclesfietd, When you first S|>oke to
e of this matter, what did you tell me?
Coiiinghum, I tohl yoor lordship Mr. Ha-
lendey was my next door neighbour both in
and country ; atid that he was a gentle-
of as unquestionable a character as any at
tbe bar ; and your lordship was pleased to de-
|icnd upon me for his character.
Mr Strange He is pleated to tay Mr. Ben-
met did not inform bim what a^reefnent was
made between birn and Mr. Hamersley ; but
^id not he say oo what account he resigned ?
Cottingkum. He told me he surrendered the
office, to reimburse himself the money be had
pud to Mr. Hiccocks for hisotfice.
Mr. Sirange. W hat office was that ?
Cottiughum, The Master's ofBce*
Mr Strange. Bid he rofntiou ihal.'*
Coi ting ham. Yes, he did mention it.
8eij. PtngtHy, If they have done, we begf
IcsTC to ask Mr. Cottini^bam, since he inform-
ed my lord of the circumstances of Mr. Ha-
Bieraley, whether be acquainted my lord of Mr.
Hamersley, before or after the time he paid the
100 guineas P
0>itingham^ 1 acquainted his lordship be-
ibre.
' 'Seij. Ftngtlijf* 1 be^ laaTe to ask aootber
queKtiou: If this g^entteman can inform you''
lordships upon what aceouut it was he receivad
the 100 {j^uiiieas from Mr. Bennet?
Cot ting ham, I receifedtbe 100 guineas upon
account of his surrender of bis utbce.
Serj. Ptngdty, We be|f leave to ask another
que^ition: whether before be agreed with Mr.
Bennet, he had informed my lord Maccles-
field of aoy propOMil, or what was to be ex-
pected?
Cottinghamt No, t don't remember I did.
All that passed on that occasion wa», Mr. Beti-
net said be was willing' to gif e 100 g^uineas^
and be hojjed bis lordship would iiot insist upoo
tnore.
Serj. Fengelly* 1 beg he may he asked ano-
ther que^ition; whether when became back
from my lord Macclesfield to Mr, Bennet, with
theaccuuiit oftfae acceptance of the 100 guineas,
he did not tell Mr. Beunet, he ought to tsikc it
as a tiivour that bis lontsbip aixepted so liUte f
CottUgham* 1 can't remember, but I tbbk
I did Dot.^
Serj. Feugeliy. Can you say yon did, or
you did not.
Cottingkam. Tolhebestofmy remembrano*
I did not,
Serj, Pengelhf. We deaire he may mform
your lordshi|j« what answer be brought to Mr,
Bennet from my lord Macclesfield ?
Cottingham, Th^ answer my lord Macctes*
field ordered me to give Mr. Bennet, was, thai
he agreed to accept of the 100 guineas accord-
ing to bi<4 proposal.
Serj, Pcni'dly, Whether was tliis offer of
the 100 guineas the first time, or after Mr,
Cottingham bad spoken to my lord Maccles*'
field about it ?
Cot ting ham. Mr. Bennet proposed to me to
give the 100 guineas before 1 spoke to ray
lord about iU
Serj. Prngdly. Whether il was the first time
be offered the lOO guineas, Or some time after ?
Cottingkam. He offered the 100 guineas the
first time.
Serj. PengcUy. Whether Mr. Cottingham
did not say Ihe'^first time, lliat something was
expected! f
Cottingham, I believe he did say the great
seal would expect something.
Mr. Lutitvche Mr. Cottinghapa says, he
believes he did say something was expected.
Then t desire to refresh bis memor v, and that
he would acquaint your lordships whether that
was mentioned before the 100 guineas wer«
offered ?
Cottingham. No, oot as 1 remember.
Mr. Lutwyche, Wbal did you say on tl^al
occasion f
Cottingham. I said on that occasiun. as be
offereil 100 guineas, i told him my lord was
willing to accept of it.
Mr. Lutwychc, I am speaking of the first
discourse he'had with him, 1 ihmk he do«^ re-
collect that he suid, my lord expected some-
thing oi^ the a4!Count of this *>§ic-e.
Cifttinghani, The til it discourse when that
1
855]
10 eootiGE I.
Trial nfthe Eart ^MaeOt^fiMt.
[«&l
I
WIS « I \M tiim tny l<^rd «ypetf'l''il
Mr Luta:^chc, Was ihit tfi^-itrnldi^c^nuiiiflf
ColHngham. Ttir fiml hint I rrfWPniKer
Mr. Luinyrhe. \ h^ntsMhw i\\\t%\ion, li
r CoiHit^tjani tnl*! Mr Bciiiw't thai my k»r(f
f omHhintf by w»y of cor»ipffmi?tit,
? Mr. rtittm|r*i***» <*» '«"«*"' •*>•*?
Lvttiiigham, Mr. BennH*»kedm**rft lieliet'H
his lortJ>iiM|i woolil not i^xpect Ji complim^nlf
J tol.< him \ be!ie#ed hi« lonhhip would ; and
then he«aid ha would irive 100 guineas.
Mr ^ — ' "' lu iiiiy discourse vrlth
Co; ^..^ ,, . \-. k> ..i, At all, I to!d him It
as uitml tft mnke a fireitent ; a«d then he
U mc he was i^illiotj to i^ivp jOO ^iiifi^aR.
Mr. Pktmmer, 1 kfjovv Mr. ColtingKam ii A
__ y honest g'cntli'maii. I de-vire lo a»k hJm.
if Mr. Bennei did not then tell him, that when
his hrotlier was admitted^ my iord Cowpet
wouhitake iioihinjUfP
Cotiinfiham. He did not, upon the oath I
have taken ; this is thp first word T h*^ard of
it : I did uot know whtither Lis brother paid
any thiny, or nothing.
Serj, Prngcf/y. There it some little ratiati<»i,
thoujjh notinutertat^ br'liveen Mr. Bennet and
tin Cottio^ham ; we beg tbat Mr* Bennet may
eome lo the bar afi^'aiu.
U* (if Mftrcieiifitlii. My lords, 1 don't op
poae Mr Bcntiet'g coiuini^ to the bar again ;
Ditt I think it ii very extiaordinnry for persona
to produce witDetaesto coufionl their own nit-
neaaea.
Mr. Luttpyche, We do it to confirm the tes-
tlniAoy of our witness.
Set I Pnofelly. lu an affair of this nature it
i^ to produce direct cvidpni!e| without
P» he ag^ent employed. Mr Cottin^-
liam vt&& the agent made tise of by the Chan-
cellor, and we beg leave to a^k of Mr Bennet,
what answer Mr Cottingbam broujiflit, orssAid
lie brought, from my fjord Chancellor reUting
to this atfair
Tho. Bennet, When Mr Cottioi^am went
iVom me to my Lord r' " snot
a word of money men I
ifould not io much as |.>ii u nim ms nc-ad ;
and he returned to roe the next dny and told
me ifty Lord Chancellor insisted upon a present.
Then I said it was very bard, and ! would ^ive
my lonl 100 g'utneas it it must be so.
Serj\ Pengfi/y, Waa it not at the tecond
mer titt^ that he losi^ted on a present to my
lord?
. Tho. Bennet, At the flecond meettog'. At
the 5rtt time he did not, becanse there was no
mention ma^te of money,
Cottingham. AM that Mr. Bennet said to
Bie on that occasion was, that in re^rd a com-
pliment of 1 500 guineas had been s(t Itttely
^Uet% to his lOrdship, be kioped his lonlshtp
^' " ' I reofhinnhan 100 guineas.
id. These gentlemen are
plt.iM II ii» u 11* I 10 their evidence. I won Id
aak Mr. Bennet a aeeotMl time whether Mr.
Cotiisftham i«>kl btm that be dli ii«l kMir Mr.
HameraWy P
Tho, Bennet, I am sure Mr. Cotlillfham taU
uie that my Lord €hane«4l«f 4li4 iu>t kuovi
him, and I tlutik b^- ttdd me (Iml lie iM not
know htm. That made mritay, lVhy,l$tr, Iksl
is atrani^e ycm should not know him* wbviiht
Hre^ the next door lo yon f
B o4^ Marr/rj/i«/^/fielortf b« laid. Mt €ki«
tini^ham HAid he did not ktiow Mr. Uamendii
f tbmk he told your kirMii|»a so* lliai I
not know him.
7Xa Brnuet, It la uii|KMaihle to wmmf'
e#ntera»ti«in at so great fhstaaoe.
£. oi MiccU^id. Y<»ti are i
Thu. Btnmt, I am not poailite.
£, of MaccletfirJd, Then, if he ia ta^t i
whrtfaiir Mt. Coititiffbam li>hl bisi mm ; I*!
sire he may be aaked whether tie ia
that he aOBifere«l Mr. CfittinKhtitn, Why,
that is very stranfi^e that yuu !<ii<»uld doI
him, whr a he lires the next door to y^mf
Tho. Bfunet, I am as positive of tbt onetf
of the other. Th is citnreii»atit>i) pa«c4 biiwttl
us, as near as I can rcmem^ier
Ofliingkitm It la very straoft I sIkmIiI mf
so of my very oejit door naif blanirt aaift f«a
tit'tnan at the bar. t
Tho. Bennei. Therefore I woniicrtd at ii.
Mr. ItUtwjfcht* There is but onrihiMirQMi
TelaTinjf to thin Article. It is ^erw «tH
that his lotdahip was oni' o4 the lords ji
Cottinghamr It IS very Strang, ai
Ocnnet, that I sitould not know him
prentleman at the bar } I see him mery iky ii
Westmmsier hall.
Tho. B^nriet, That was the wonder I taili
of It 1 nnliqrht misiakr yon ; I am aur^ y«
said my lord did mH know him, atid 1 \ * '
I you said you did not know htm. Mr Ct
I ham is rery deaf, and he might mil
8erj. Pengtliy. My lords, we s
I noble lonl does not (lut ns on the
I acting as oue of the iordsjiistirea.
I E. of MatckMfUU U Mr. Detafaye la i
I desiM? he may be called tu ^ive an
I my acting.
I J^erj. Fengttiy, What I call Mr. D^laAp
for, \h to ipve an account of my U>r4*$ mdim le
one of the lords justices. If they d«<i*iadrnitil
i we must call bim.
' Dr. J^yer. My tordt, we desire be any k
called.
Mr, Deitifaye called.
Serj. Pengelty. We desire Mr. DetaAtt
may be sworn.
Mr. Ikiofayt sworn,
Seij. Pemgeity, Hioce that is inaiatad ufMNi
for form -sake, which ia notorioiia to tiie
kingdom^ we only beg- leave to ask Mr
faye, whether my l^rd Chooeellor a^Nd aaoee
ot the lords justiccK at the time of thia nat^fitr
[Shewin^^ hiai l\1r. Hamersley^s paleat^J UgA
Ufion the date *«f that patent f
Delufatf€, Yes, my lordti.
»eti. PingcUy. My iMda, w$ 9akf UA^
Jt^ High Crimes and Misdemeanors,
A. D. ITIS.
[8d9
wilftevs wticiber mv Loni GbttAOrllor, who had
tikvn tbe custoity of the g^mt s^, acted as oue
of the lords justices ?
rJhlqfajfC. Ye«, my lords, be did.
^fcfj« >*ro6ya, ] be^^ leai^e io a^k him* whe*
he knew any thiQji( of Mr Bennet's |jeti-
ibriii|C transom it let! to bis [D»je»ly abroad,
by whose direction?
\>J)ei/ifa^€. Mr. Bentiei'tt |ietition waa traoi^
liled to hi* majesty abroad, by dtrectroa of
f lorda justh^ei,
I Probyn, f desire I htawituegs would io*
I your lQrd!ihip», whether, in Mr. Beanet^s
jilt ion, it ft as desired that a ^ant of his o^ce
tild be made to any, aod what panicutar
Ir. hutwifche, I tbiok we may reasonably
cl to that question. ^Ve are not for irou-
your lord«^hips with unreaKoniihle objec-
; but wbeti a gentleman experiPnced in
iIaw shall a-ik queiitioRs cooceroinK writteti
nce» we must oppoae thai, and suboiil it
' lordthifis,
I the Mnoag^ers for tbe CfMnmoos ac-
n^i the House, that they had gontt
%\i with (heir erideuce to the Nmib Arit>
, did intend next to proceeed to the Fiilhi
li, Seveoth and Eighth Articles ; and alle^-
it WHS refjutMite their evidence should be
entire, submitted it to their lordships
Uer they shotitd oo\t proceed ; wbf re-
tbey and all parties were diteettfd to
draw, and tlie Lords resolvtd to proceed
Iher in the trial to- morrow at ten o^ch»ck in
tbe forenoon, and adjourned to nine o'clock to-
tow moraiQg*
The Secc.nd Day.
Friday, May 7.
> L/Mrds beinfif seated in their IToute, 4iid
^ Manaf era beto|^ come, and the &aid Earl
J oti a atool %% before, and his eouii^l at
|;4art proclamation nas made by the ser-
t at arms as fnUo^^^s :
Our sovereign bird ihe kinf^ strictly charges
and commands all manner of persons to keep
tice, upon fmin of imprisonment.
'hen an other prodamHtlrm was made as oo
first day, That all persons ctmcernetl were
to take notice, thiat Thomaa earl of Maccles*
field now stands ufiou bin t\ial, and they may
rome forth, in onW to make ijood the Chaiife.
—i^ C J. King, Gentlemen of the Htmse of
^hnmons, yon may proceed in your evidence.
^■erj. Pengelly The Managers will now pro-
ofed to the Fitth, Sixth, Seventh and Eiw^hth
jjlHcles, i>eing' all of the same nitlore and kinrl,
^ to tbe eoTTQpt takinff of money on the
\ of tbe ofiices of^ the Masters \\\ Chan*
eery. The question betn een ttie CointiKutM and
tkalard impeached apoo these severnl Articles
ilp Hm maatier of takintr this money. Tbe
^ Di obarg'e the takinf^ of the aioDf>y to
r CXtartiim and eorrupHon, and to be drawn
Ibeic cotiaeut ; tb«
Lord in his Answer Iniista, that it was freely
and voluntarily j^vfo, aa presents, Ufion then
respective sdmittaoces. The Manaj^ers appre-
hend that th«'y shall ffive your lordships fuU
satiKtac^ioOi that the Charge of the Commons
18 tru f and that .the manner of takinijf tbesa
sums cbarjCMi on the Lord, will he «i up ported
hy the eviden<'e that will be produced. The
fir'4t witi«es8 that we shall call is Mr. Wdliam
Kyoaaton, to tbe Ftilb Article.
Mr, William Kynuatan swoni.
€erj. Pm^eUy. We desire that Mr. Kyoas-
ton may be asked, when he was admitted to ba
one of the Masters of the Court of Chancery f
KynmMton, On the 9lli of Auq^ust, 1721.
8erj. PeHgeiiy. We desire that he may ba
asked, concernmi? the manner of his arlmit*
tance what transactiona there wtf re befure haoil
about it, with whom, end what he gave tba
L*>pi ChancelUir tor his admission ?
KynoMton, After i had a^rreed with Mr. Ro-
g'ers lor the purchase of his office^ I desired
one JVIr Baily to go to Mr Cottioi(ham« my
lord's t:^ecretary, to know what my L««rd Chaa*
cellifr would expect for my admission into the
offire, and treat w ith him aliont it Mr. Baily
told uie it was best for me to talk with Mr. Cot-
imk^ham myatflf So I went to him, and told him
my Cft*e, He men lion ed to me that other Mas-
ters, particulsrly Mr. Conway and Mr B«»rret«
hud iriven l,5tX)g'umeasa' piece. 1 profMiaed
to him 1,000/, or 1,000 guineas; he ^id he
eoiild not mPDtion it to coy Lord Chancellof
under t,500r I airreed to i^ive it; hut I
Uioughi he mt^ant pounds, and made prepsira*
tiotis for it arc<»rdin^ly ; hut Mr. Bdily after-
wards telling me that he had seen Mr, Cutting'-
hmn, and that he insisted upon ^uineaji, I seut
theiu tu him on the 8ih by Mr. Baily, and the
9 til 1 was admitted and a worn.
8erj, PengeU^, What arguments were made
use ol by Mr. Cottin|^ham» to raise the prica
from 1,000 to 1,500 guineas?
Kynmtvn. i don't particularly remember ;
hut either Mr Holders or Mr. Cottinghatii saUl
it was Ihe oldest and the Ut^i edifice*
BerL Pengelty, Whether any thiog; was laid
that the office was f nil of cash?
&»erj. Probyn, We spprelieiid tl^ a [eafUn|^
question,
yiw Lutu>ych^, It is a proper question^ Bat
however, it they do not like it in those words,
we will put it into aooiher form. VVhether
there was any discourse about thi^ prolil>i ol the
office? — Ki/nas«m. I don't rifmeaibi-i u.
Mr. Luiuy(h€, W^as U»ere aoy discourac
about youi bi^nt; recotHmended hy any one f
Kynaston, I t^dd litni 1 had the honour ta
l*e known to llie bte lord Bndtord, and desired
to know wheiher his recommeudatioo mi^ht ba
' necessanr.
I Mr- Wett. What reason did tbey ^iva y^a
I why it was the best office?
kytttuton. Because it was the senior offic
and had most catises in il.
Sir Wm. Sukklmd* I dasire to know w^i
4
I
4
4
I
839]
10 GEORGE L
Trial (fthe EnH «if Macdexfield^
snsirerMr, Cottingham ffftve him» when he
aid he believed he might obtain that nobte
lord^s rect*ttimendation ?
Kynaston, I don't remember any he made,
Wfr. Plttmmcr, Whcthei* nny objection wsf?
I ftiade by him to the price ; upon hit crbmiDj^
Into the office, by reasoa of «ny deficiency in
' I>ormer*s office?
Serj. Probytr That question is Uahle to the
[ ffame objection that \vai made to the former ; it
jg loo Ipailing-.
Sol* 0fn. It is a fair qtiestloD^ whether any
^ Hbjection wa^ niaile by hrm, on account of the
[ deficiency of Dormer's office ?
Kynaston, I mentioned this to Mr. Rogers ;
i be made httlc ot it ; I mentioned it afterwards
f%o Mr, Cottingham ; he too seemed to make
' liVhl i>r it, and said it would be made np : so
[ that I apprehended it would he of no great
I eonseauencie.
Serj. P&ngelfy. What reason did he gi?e,
%hy he thought his adinbsionto the office was
not Morth 1,500^?
Kynnston, I donU know that 1 mentioned
I ftny thio^.
Mr* Lut^che* In what manner was the tno-
I ^v paid P
htij. Probyn, 1 desire he may lie asked,
f whether he had any discourse with Mr Ro*
' gers, ihe former Mister, about the value of this
, 0j9ice, hefoTt* h** «poke with Mr. Cottinghain F
Kynottoji. Yes.
Serj Prvbyn. How much did he say it was
Ifporlh?
K^ntsiton. lie gaid be usually made IJOO/.
ift year of the office, and sometimes 3,000/. a
Vyear.
Serj. Prob^n. 1 desire he rtiny be asked,
[%hat Slim of money he irnve Mr. Rogers for hi^
place ?^ Kynaston. 6,000/.
I Dr. Sayer, I desire ihi» ijentleman may he
'Asked, at what time he paid Mr. Coifm^ham
litis 1,500 guineas; whether it was before or
after his admission ?
Kyu(uton. Betbre ; I beltere it was the 8th
[#r 9ih of August, in the mominfir.
Serj. Prohyn. I desire this further question,
ihetherhe paid it out of Ihe suitors' money, or
I out of effects of his own ?
Kyntuton, ft could not be paid nut of the
[fUltors' money, for I was n^t then admitted,
I Com, Serj, Wticther Mr. Baily, or any tjody
i€lse concerned in neg^ciatinpf this affair, gave
Imny account of your substance and ability P
Kynmton, No ; f believe nf)l,
Mr. Lutwi/che. If the gentlemen have done,
I I bef^ leave to ask him one question, and it is in
I fetation to what he was examined lo first: be
I laid there was a disconrsp, that the office was
( worth IJOO/. or 2,000/. a year, Now, my
|tords« ! would ask tiim, how it was Mr. Ky-
I Bastou apprehended lhe*;e great annual profits
tdid arise? Whether bv the ordinary profits of
I the office, or the making use of the suitors*
llboney ?
Kynaston, 1 understood it of both tofrelher.
Jfr* Lutu^che, There bath been onc^nesttoQ
Ml'
i
asket), as if there was no colour to my this mo-
ney was paid out of the «f.»t'»^^* .,w.»..,y ^ Votl
would beg leave to ask . i tft «
plain that ■ I think BJi u , -
the money paid for him by Mr. I
out of the suitors* money, becanvr
then admitted ; but I would ask, kow it wtf
repaid or replaced P
Kynaiton. I did not imasrioe, when [ ctoi
to town, that the place woufd bare come mm
much : there was 1,100/. and 400/. I
of a gentleman, one Mr. Rogfere, at T«
bar ; and 1 afterwards accompted with Irii
that money, for 1 k**ptan account of the
of the Court with htm.
f^r}. Pcngelly. Whatsumof mooey
ported to be in your oifit^e, and to go Jtmg
the office as cash ?
Kynaston. 1 was told there was
^,000/.
Com, Serj^ J desire to know who told fii
Kyna$ton. Mr, Rojfers.
Lord Lechmere. When the l,10O/. simI
400/. was accompted for to the person tbit
lent it, if I did underitrintl him ritjht, he «?•
he aecompted for it, and it was allowed otil «f
the suitors' money,
JTyno^/on. Yes^ my lords ^ the money lentatf
to pay Mr. Cottingham, I did accompt fbrtki
money out of the money belonetng- to 1^
suitors of the Court : I understood it was mid
to do so, and that others had done it.
Lord Lechmfre. My lords, 1 would ask III*
another quf'stion : 1 think Mr. Kynasion talll
of 6,000/ l>ein£rpaid by hfm to bis predcceaiofi
r would be jflad to know in what manner tbil
was paid, and nut of what money or effecti?
K^fHUiton, My lords, when [ treated s^
Mr. Rogrers, he mentioned to me i« hat mamsf
he had in his hands belonging to the office ;
and we entered into articlfs in relation to ny
paying him 6,000/> for his place : and Mfhen ■
came up to town in order to take the off
fore I went to my Lord CbanccUor's,
him a bonil for 6.000/. This was the 9th. iM
on the 12!h he delivered me up the bond, sai
paid me 91. in money ; and 1 ^ve him a li*
ceipt for 0.009/,
E. of56i#^rrf. I desire he would exphas
himself on that part ; where he says be gv«
him up Ins bond; whether he reckoned * ~
6,000/. so murh short of the suitors* money
Kt/nastofi, Yes, my lords, tdid.
E. of Mficcfesfieid. My lords, I
may he asketl thi<i question; he speaks
gentleman that paid him 1,100/. part of the
1 500 ^u in pas ; I ilesire he may be asked,
Whether that (BTpmlemin had any, wd whsl
money of his tn his hands ?
Mmaiton. Mv lord*, I had money m tktl
gentle n»ttn*s band^^ t when 1 Itveii in tne coun-
try ^ be used lo receive money for me in lof^Oi
on j^overnmeni securities, and other occasioa^
and pay as I ili reeled : there was an aocoiiil
current between us, and I did not iImq pi^
cisely kiioiv what balance was then III Wj
hAuds ; but 1 have cast it up since^ iod W
t begirs
EonedA^
lOneyf^H
^aksaflH
Jir WgJt Crimex and Mtxdemeakors^
A. D. 1755.
tber^ was about 300/. or 400/. due la me
\%Utkt time.
of MaccUifield, If I apjirphfnd him
III, he iiays he bad an accompt cnrreoi with
I g«uUeiDai» at that time, and kept caab with
E'viiAifoa. He aied tn r€<ceiTe and |i9y
aev ♦i^r roe w h«^n 1 was m the country.
S, 'of M'icdttfidd, I beg leave to ask one
ytioii tiiorff tt Mr. Kynaston did uot af)er>
»%rda kef^p, wtih that frentieman, the cash
I anitorv, aa weil aa hia own cash, promta>
^ p?
^071. Yet*
Strkkhnd, When were the 1^500
^paid.'
§ton. On the 8th the 1,500 ^meas
lid^ and ou the 9th I waa admitted.
► Ftngcllif, We don't now proceed to
» reUttn^iT to the manner of payment for
I out of the suitors^ money, because
fill he a difilinct examination as to that,
toother article ; the qaeiiioo being only
'Ve aum paid for the admission, and not
thAl money, which we donH enter into
nt*
FXu/vycAe. My tords, we think it neces-
I mention this, becatise otherwise it will
\ up a |rreaideal of your lordshipa* time un*
irily» and it will be proper to keep the
tnce entire; and therefore we hope the
ori the other aide shull be confined to
aoch quciitions only as are proper to the
Vte they are upon. My lor^s, we deaire
Ir. (JhaHea Baily may be €allc<].
Mr. Char Us Bailj/ sworn.
^i«j* Pengttfy. My lords, I desire he may !ie
', Whr?* - * lid any money, and what
B,iii Mr. f II, and when ?
^Ba%, Mv ^ , *i d;iy or two before Mr.
on wiu admiued, 1 paid 1,500 guineas^
ii ffiTcn for hiM adiniasion. I dcJi-
It mg to Mr. Col ting ham.
^^PingeUjt* For what iii*e waa it paid ?
'Tkiify, I apprehend it was for the use of
f LoVd Chancellor,
ir. ijaiwycke Vmn what account f
For hit ailmissioD to the ofiice, on
ei^'i lurrendi r.
['P^fitUy, I think he tayt it wai patd n
r t «► he was admitted.
t|i lund, Dcfore the payment of
\ diaeourve wat there betweea
ii^bam f
'requested by Mr. Kynaston
Mr. Cottinijhttm, to know nhnt was
i^ and Mr. Cottinf^ham told me 1,500
Viii rvp«<He<l to be paid, as a sum for
Dii'a udfinaMion.
'Pen^flii/, If rbe inufiacl for the tiobte
Vi atk thii witiic^H any thing;, we beg
> til call anolber witnest.
C«i. Stfj, There are scireral loatleni we ap-
Mieml proper u> be aiiknl novir, and yet may
I — 1-- ,1^^ jjji^^j Article. Whether it is
pkatura thai we ibftU a(»w Mk
Mr. fiail^^ at to the circnmstances aiNl eYimc*
ler of Mr. Kynai^ton ?
Mr. Lutrtyyche My lords, there it anexpreae
Article to that point ; ^ heretbre when we come
to that, then is the time.
8erj Prohyn. One question may be proper
to be asked before ihia{||^entleman i^ocs, and tttat
it, WhHher, u ben Mr. Ctitiin^iiaiii told hitii
what waa exjierteil ou his admisHioo, he told
Mr, Ry tia>t.on of it ?
Builjf. Vfs, Sir ; I told Mr. K^nastoD thai
1.500 |fmoe«t was expected.
8erj. Probi/n Then f deaire he may be
asked, Whetlier Mr. Kynattoii itid not ini me-
diately consent to give it, or what did Mr. Ky-
na«t »n aay ?
Buit^. Mr. KynaatoQ aaid he must submit
to it, and ilo as Mr. Cottiaghato had mentioned,
or to that purpose.
Serj. PengcUtf. Whether Mr. Kynaston in-
formed him of offering bim any le&s sum, and
what?
Baiti/^ Mr. Kynaston mentioned to me thai
be thought it had beeu hut t,500/.
E. of Maccltsjidd, How came Mr. Baily t»
know it was guineas ?
i^at/y. Hecaiifie Mr. Cottingham told meao,
Mr. Cottingham called, but did not imnie-
dietely appear.
Kerj. Pengeify. My lords, we are unwilling
to give yonr lordships trouble, only beg leave
to take notice, that Mr. Cottingham was aecre-
tary to the lord inipeaehe*!^ during the whole
course of his ad mi oift ration ; lie is nut imme-
diutely under Iht- power of the Man»igen*, but
lie is underihe obhgaiion of a RUfutuous, and
had notice to attend.
Mr. Cottingham appears*
Serj. Pengciiy, Hy loids, we desire he may
be 6 worn.
Mr. C(>ttingham sworn.
Serj. PfMgtlljf. My lord», we bt-jf leave to
ask Mr. Cottingham this question : The money
I hat he received fn^m Mr, Charles H^ily, whe-
ther he paid it over to the late Lord Cliancellor,
and when t
Cot ting/mm. The money which t received
from Mr. Charles Baity, the 1,500 guiiteat, I
paid it to my lonl it^ a day or two 1 believe ; I
beheve the next day : it was very toon after I
t«cet%'ed itfrotu Mr, Baily,
8er]. Pfn^'c//y Whether he acquainted the
earl of Alacclc^'i^^M tliat he had received it
ujiiin Mr, Kyua*ton*a admission ?
C''-^' '" Yes, my lords, I told the eart
of >1 1 that Mr. B»il)' hutl paid me
the Ui... ,, \ the direction of Mr. Kynaston^
8er|. PcTigeiiy. Hc»w long was that before
Mr« Kynnstoo wm admitted f
Cottingham* I can't say jualy the time, it
might [if* two or three da^ !r. There was a day
appoiittrd for the Admission of Mr. Kynaston^
but somelhin)^ happened that he could not be_
miloiilled that day.
Trial of the Earl of Macd^tfield,
[8M
I
P
I
I
tofd
Sir R^. Slrt^itAifif^. My lords, I desire to
ik tbii witness one question : at tKftt time,
whettier Mi\ Cot(intrii*m can reentlect liimsetf.
if Mr. Kyoafitofi did not make ao objeciiao of
the great deficiency ibiit hud bappened ia
Dormer^n o^oe.
Ct-Uttn^kam. Up«Ni the oatk tliat I btrt
lakeu, be did nnt.
Hit Wm, StrUkhnd, I desire ftnollier ques-
tioQ, whether he did not tvH Air, Kyaa^lon that
lb is was m\e of tbe Ue«t ofiicea c*
Dr. Sttyer. My b»r<(«, I ask yaur pardons ;
I Kppe ibey shall Im* contioed to tbe ^neral
^ueKtioo, what wai gaid, and not to pa^ta-
Kir Wm. Sttkkhnd, What was said in re-
ktion to ihA fifoodn^aa of the office.
Cottingham. I did say befare the boaourable
committee, that wheu he agreed to give the
1«600 ifyitif ia« I told him that he bad par-
ebftsed a very good otficp ; and i did say» tliat
there wan a great deal of hiiaineas in it ; but I
oever knew what money was in rbe office ;
DC»r do I knoiv it tn this day. I own I did
before the honourable committee, that I
him be had purchased a good oBice ?
Serj. Perigeli*/, Whether *ra» ihiv b^ure or
after tbe agreemeoi made with Mr. Rynaston ?
Cottingham. I think at the same time ; jn^it
after we had settled the eompUnu'ot to be paid
io my lord Macrlenfi^tdi I told biifi he had
pure based au ofiice ivitb very good bujiiioi^ia
init-
Be rj. Probi/n. 1 deaire one qiitalicMI more ;
whether he remefttb«ra that there was any
iDeiilioQ made ^f 1,000/. or 1,000 ^neas by
Mr, IkynaOon?
Cottingham, No, 1 remember nothing of it.
He asked me what my lord t^Kpected; 1 told
htm what my lord had from tbe precedioc^
Masteni, be e]Li>ecled the same from him i 1
DCTCT heard a word of 1»000/. or LOOO j{ni-
neas, nor knew nfithin*^ at all of it, I have
given yon the best ncconnt I Cfkn as to the fact
Ihat happened rdiiliog' to tbe agreement: Mr.
Bttily in«y rvnwmttcr more of it; tbe fact ia
above four years a^''o.
Serj. Fengeilj/, My lords^ we oow beg leave
to prfjceed to the 8ixth Article, reiatlinj to
Mr, Thniuan Uennet, urbo was admitted tbe
first of June 17 ^S.
Mr. Thomas Mcnnet a worn before.
Seri, Peugftty, My lords, we desire that
Sfr. Bt-nnet may |five an acct^unt to your lord-
lipa when he waa adit*itt«%SiJ.^ ^nd upoa wbai
bar^>rin ? CJiw an account of tK? wholt treaty.
Tho. Bf Uriel. I wjn» fldmilted the lat of
June, ljii'*i ; and before my adnuHgjon, and aa
aixm as t hod aiifr^pd with Mr. Hiccocks my
predecefi^or* ) H(*pli<'d to Mr. (Jottinj^hiiiu. and
dcHirni ItiMi, ilmt he woiihl aequaiat my Lord
Chiitic^'llitr I hiid nifr^eil wiih Mr. Utccocketo
«uco4L*d h»tn in hi^ nthre, and desired him 10
let me know my Lofl Chaneellcir^a ihoujfbis,
wlielhf.r be approved of me io aucceetl JJIr.
Uiccocks. Soou after that, I belie re tlie oej£t
day, or a day atler, be met iiit« iud lold ma
he had acquainted my lord with tliir mcaiacf
I sent; be said my lord eirpreMcd Ki(u»elf
with a great deal of respect fisr my fiObarf
Mr* Serjeant Beimet, aod thai iie was gHd tit'
tbia opportanily to do me a fav4»ur and
nes8f and be bad no otij^ctton io tbe
me ; that wa& tbe anawer Mr. Cotlia
tutted ; be itien mentioned Utere waa 1
i^ent expected, and be did not doubl but 1 1
that i I answeretL I bad beain) there waa, j
I waa williftjj: to do what waa usual ; 1 1
to know what it wus that was expeoied, til
what would he expt^ted ; b^^ snid be wwU
name no 9uiti, and be bad tbe less reaiia e
name a sum lo tue^ iiecaujie 1 had a bfvi^i
Master, ami I wj^ well acquainted witlt Nr.
Godfrey w^ho had recommended ii>^, ladl
ID igfbt apply to them, and tbey would t*^) at
what w as proper for me to oder. 1 loJd li
upon thatoeoasioo 1 would oonault my
ther and Mr. Goil^rey ; accordingly I ihd,i
1 returned lo Mr. Cotliagliarvi, and tnM I
I Had talked with them abuut iu and
opinion was a thousand pounds (but I
1 said, 1 would not stand fi)r gutneisl ^
suflicient (or me to ofler, Uiion thi« Mr. Oa*
tin^bam shook bta bead, ana aaid, Tbai w«e\
do, Mr. Bennet, you muat be better odwiaJ ;
why, ftuifl [, won't titat dii^ 1 Ibjfilc il ia a
nMa present r aayb be, a fretl detl
baa been given : aaya, I, f am aurt
tber did not give &o much, nor B
frey ; and those persona you adv
fo toQsult with, told me it was euflieient, ml
I f test re you to acquaint my lord ^ilb th«
pro|M>9al : say a be, I doft't care to i*o ivitli
that proposal* you niAy find !»iimef>od y e4ie to
go: says I, 1 don U know whom i ~
says he further, Sure Mr* Bennr '
goto lower the price, (ibeae were inw
words, at least t am aure tbat wan tbe nu
of them) I can assure you Mr. liya
gave 1,500 guioeaa. J eatd that waa abaft
three or four yeara atfo, atr* — t^-- *Hitti0t
tJiere have been several oi^ca weriaf
the prices; the fall of st4Kk K i- - u,redtli#
value of tuoiiey; aud I thuik I meutieof^
Dormer'a deficiency, and 1 did not knoir i
thf: canscfpience of that mi^-ht be ; and tbe
fore f tJtuugbt, at this lime td' du y, ^^ beo i
and every thing was fat ten » n ^'Uin
waa more now tiian 1,.SOO wj*. .^ ^ na
gave it. He still iosiated be ilal not carej
go with that message. Saya I, Only
my lord with it, and if my lord ii^stt^
more, 1 will consider of it : «iayi» be* ''
t\o ha^^tutg with my lord, if you r9(\
don't know the caitsfi;|uence, be txiaj
it BO far, ns not to admit you at all,
tnay ln$e itje olBce. Then t bi^^ii D
sider, niid wnh loJb t4i lo»e tbe odie49, uod
him I ivonld «/ive l.MMi/. be aaid Mr
naston bad gtven emiifa». Tll^•M 1
whelUer it mujit be in gold ? He s il
you
wUl,
it he
gUMieti
hi
afWr be ^me aod iold mti tliat my loni i^
f<^ High Crimes and MisdmetH^i^
A,0. 1725.
[86S
Bsed to ioce^t of me, aoi) be sbouM admil
as soiii] as 0)1 port ti 111 ty serred, nod he
uM gi^e ine no i Ice. He accord ini>:1>' gives
tioiice about (be latter end of May ; lie
die my lord bail tixed a day for my ad-
»sion» and my father and I went to my
liiHiiher Ben net's, and took him up by the
»y, in order to ]iay our respects to my lord
I that occasion. We hud tioi bet'o there ioug^
[ there \v<is a message broiig^hi to my hoo&e,
[ let itie know tbut oiy (urd w&a very dl, and
leould not be admitted ; liut I shoubl know
^m httle time wbro I should : upon that I
Mr, Coiiing'haru afters ards, and I »«ked
bow my lord diil, and \*heri 1 bbotild be
aitted: vays hl^, I can't fix the diiy ; but
I in a read mess, and f filial I sen* I tor you.
ordinply, onthe Uiof June, 1723» he sent,
I desireil me to cnme ifiiuoMjiately, and to
nlone, and hrto^ nobiidy uitb me^ for
lord won hi swfar me In iliat moiuinii*.
cordin^ly, I wenl^ and the ^rmt question Mr.
ittioghum asked me was^ d' 1 bad broog^bt
i inori»*y ? I i"'d bim, to iie sure I should not
line >%ithotit d. Ife Asked what it »as in?
ohi bim ill Btink bilU, two Bunk bills, i*ne of
Ot. and I he other 675/. He took them up.
carrifil th^'Oi to uiy lonl : be returned
ck, and told nw my lord ua* ready to ail mil
I was cAn ied up staira, aud tlieD «wuru
^bia brUehaiuber.
rSerj. Potgclltf. My lonk, I desire, if h€ can
ember, he t»^y he ask*'il in what nuuie
notes VT»re madif [myubte, or in what
aimer it>py vvrre mnik ?
TAo. BcnneL J cauiiot remember the tittDries
notes were made pJi^able to, they were
Dtfor trum the Bonk lor tbi» pur}K)se ; but f
dieve they were If ijjfned names,
t&erj. Pengeiiy. I d* sire he may he asked,
Tiy be ihmks ihey were feigned names^ and
what rt'at»on the notes were taken in
I names ?
tho. Bennct, The reanoti wat, because! did
think it proper to take them out iu the
Ion 1*8 name, nor in my own ntime,
[l$en, Pcngdfj/. My lor*l», 1 desire he may
I uked, ot whom he rei^eived thn«K2 Bank
; whetlier tbey were bis own, or wbeiber
I borrowed them ?
Tho. Ben net. 1 borrowed a drafl upon the
_jik of my brother; he ke|it bis ca^ii at ihe
auk, and lie g^ve me a dratt upon the Bank^
i fienX to ttie Bank, and ordered the notes
ibe made out in fVig-ned names.
, Serj, Pcngelttf, 1 desire he mav be asked,
ihetber by biii brother, be means his brother,
s Majiier f
Thif, Btnntt, Yes, my brother, the l^fastcr*
[Sen, Pengetiy. And where did be keep his
Tho. Bennet. Ue kept bis cajih at the Bank.
Serj. Ptngf'lly, I desire Mr. Beonet tnay
jifonn your lordships, nhat conversation he
ly^l with my lord ^lacclesfielU when he was
V^T^o. Bennet. 1 bid uo ^arexsatioD with
him before I was sworo. At that time my
Kurd was in bed, and as soon as I was sworn iq
my lord called rae to Jam, shook me by th
band, and wished me joy, aod said he bad
respect for my father, Serjeant Bennet, bis old
friend and acquaintance, and the family ; and»
said he, You are sworn in by a dyiDji* chan-
cellor, 1 told him, I hoped Inn lordithip would
lire a great many years.
Serj. Pengeliy. I dasire Mr. Cotungliatu
imiy be called.
Mr* Cottingfutm called, and appeared.
Se»3* Pengeily. My lords, f deisire Mr. Co^
tio|;ham may be sf^ked, to whom he paid thol
1.50O guineas which be received from MtT
Thomas Bennet ?
CQttingham, \ paid ittolbeear) ofMaodes^
field. ^
Serj, Ptngtfltf, IVhetber he carried it
mediately or not, or at what time ?
Cottmgham, Mr. Bennet brought it to m^
as I remember, in a Bank note of 1,500 guinea
and [ gave it to my lord.
Serj. Ptngelty. Whether Ibis was done itd
raetl lately alter you received it ?
Ctiftingham, Yes, my lords, iminetliately,.'
Serj . P£ ngeUy T hat is a 1 1 « e ask . .'^ T y 1 ord s,
we only be^ leave to i^bserve one thing that
arises from the ausw^r of tbe lord impeaclied to
tbe^ two Articles, which is, that afterwards,
and before the lmpea< bment, he did deliver the
present so nent to bim by the said William
Ryoaston, heintr 1,575^ and abo the present
so sent to him by the said Thomas Bennet, be-
in^f the like sum of 1,575/, into the Court of
Cbancerv in opeu court, &cc»
8erj, Probyn, My loT'ls, we desire that Mr.
Cottinghiim may be asketi one que?i(ion, what
couversaiion there wos between him and Mr.
Bfunet, concerniu^ the payment of this 1,500
: guiueas f
I CiHtifigham, Mr, Bentiet told me, that be
I had a^iei'd with Mr. Hiecocks for the sur-
retnier of bis office. He told mc he was a per-
son known to the £arl ; but if he waiitc>d a fur*
ther characler, bis Ibther, sir John Betmet^
and his broiber, would uive bim a foitl»er cha-
racter. I aecpiainled the Earl ; his lordship
told me that he knew Mr. Bennet, that he had
a goo<l ciiaracter, and had married ;» g-oud for^
tune, and the family was a wealthy lamily, so
tbiit the Earl would obh^e bim, and admit him.
A dny was appoinleil to admit Mr. Bennet;
but the Earl falling' sick brdbre the time came
that be was to be aduiitled ; which was, t
tliink, ihe la»it day of Easter teiiii, 1723, it was
then delayed ; Mr* Bennet was prodigious
pres^ini^ to have it done, and said that Mr. Hie*
cocks refused to go on with ariy business in
the office: and he had been complimented
Mpon it, the family knew it, and he was lah lo
be disappointed, and he teiseed loe almost out
of my life ; upon tlmt, I promised t^ sjieak to
the Earl, aud as soon as the Earl was able to
do busiucssi it was done.
Serj, Probyn. ff jou pletit 10 recollect
I
%7]
10 GEORGE r.
Trial of the Earl of Macdefuld,
[fl
yourself, what vt^ tfie purtlciitiir sum Mr.
Bennet offVretl? — Cotdnghnm, 1,500 tftibeas,
8erj. Prob^n. Ont lie (alk of any \e^s sum ?
Oiltingham. Noi a farlbm^j If^i ; 1**? asked
me wUni wail eicpcctetl ; I told hiiii the sum
Mr. Kynasiou h^d pai<t, which was 1,500
.g^uineas ; ami he it^ior ofTt^reif a tarlhint^ lef^s.
Serj, Probjjn. We dt-tire, Mr, Cotlingh&in,
that you wuulrt recollect yourself^ and lell us
VhHher he ofTered 1,000 or 1,500 lyuineasi.
Caiiiugham, i have reeoHecterl, and what
tie offered to me w.i^ 1,50U g^uineas, and I
never ht-afd of a farliiitig leaa 9 1 i*ever beard
a word of 1,000 gumeati.
E. of Mac If yourloidshipii pleaie, T desire
Mr CoUinghuni iitay tie oKked, what condUton
I was in, iu rested U> m\ heahh.M that time?
Cottiiighom. The Earl at thnt time waa very
^ ill I [^Ir. Bmnei having' pres^ied tu be adinilteil
'the f\rit itpimrtUDitv ; J tbiitk your lordshtfi
\ fell ill the Ust day uf Easter term, 17 "^3, aud I
^ tMeeti(i«jr wiib Dr, ftlead, the doctor Icild me the
I^Eurl was in so dao^eraus a conditiou, that if
'bis dialerajjer had not a turn, he thought he
could tint live '2i huui-s. The doctor and f
tPieut aud aujiped 10|feiher ; be hid me to be at
the Enirs next morning : I raet him there, aud
lietohl tne the earl's distemper bad a turn, aud
* be uiiifht ^^et over it : 1 asked the doctor, tell-
[*iiig hrm there wat a business that Mr. Beanet
♦presiifd me to do, if it would beHafetorlbe
Earl til tlo it. He told me, if it did not admit
[ ii\uch thought and much C4impany it mi^ht be
^done, I told hira it would nut atlmit imich
^thought i>r company ; and he ^uid ti might ba
[<lone.
E. of Mac. IV hat was the occasioo that Mr.
f Beuof t was desired to come iiloue P
Cottin^am, The reason was upon the ac-
l*eonnt of your lordship's indisposition ; and for
|*|hat rea*on I neut to Mv. Iliccocks for bis sur-
render, becaa!>e my lord could uul aee mud)
pcompany.
Mr. Strange, I desire to a!»k you, upon
1*11 hoae i ni port ui lily it was you ai&ked'Dr, Mead
Inliis?
Cottingham, I a^kcilit my^fif ; hut it wap,
[^ecause Mr. Bennett import une*l mc so j and
remember this en cumstauce, when I tventto
bis iiouse, he hati sometbio^ of the jaundice,
[*'DDd looked il|« I asked him, if he was (it In
admitted : I thought Mr. Dennett would
-pot have been so eager, if he did not think the
p^arl had been dying, aud that then be would
Hliaie waited longer.
F Mr. P/um/ntr, My lords, If the gentlemen
Miafcdone, I desire to ask onequrBtion ; whe-
Ticf, tin occasion of these Mailers* places being
leant, betook di t eel ioos from my I^rd Chun-
tellor to set a pjice, or did it ol his own head ?
CvUingham. 1 bad no directions in this mat-
fttf ; but when any vacancy or abenaliou hap-
|^|iened, and they asked me what compbmeni t
thought woold'be acceptable, I told th* in ibe
lUiplimeot that had l>eeo before matte* I
Bpoke it hs my own opinion, and witlp»ut any
-mretflhiisfivm the Eiu:L
Serj, Pengelty, f desir« be may be
whether ever be concluded auy bargata iHtll
any of these Masters, without his lord*i a]
batitm ? — Cottinfiham, No, I did not.
Mr. Onsicm, I would ask Mr, Cottitjgl
one question, which, 1 think, he hath not
swered ; I ask w bellicr he had nnt» ru
directions from the Lord Chancellor,
upon, or ask any particular prices
places,
E. of Mac. My lords, I am sorry the hwii*
ed gentlemen do not observe their owj
t (Miiititng their examioatians to such
they go upon, those tbey have a rij
to, and those only ; therefore wttfi
sviLimission, it is more pi-oper to each
where they charge me to have insisted upt
price, to a!ik to that price, than to ask tkfe
general questions, whether 1 did ererdliiffl
him to iosij^t upon any price? It is not tbftf I
am afraid of the question that is nut, hn
afraid of its being made a precedent fc _
your lord&bips a great deal of unncccsy^j
truiihle.
Mr. Oml(m\ Thfs is proper to this iXlidi*
beiaitsea it chariots the Earl with insisting Q>0a
prices* Therefore I desire to knoiv, wDttaer
the Earl did ever give any order to him to in*
sist upon any of these prices 1^ I hope the gffl-
tleman shall answer the question.
Mr. Liitui/che. We apprehend we are aysflo
a proper questi<»n ; on tbe oue ^ide wc say tbeit
sums were insisted upon, aud that there wUtA
a^reemettt made for them ; on tlie other sidt
the noble lonl in bis Answer snys, tbey wen
presents, viiibout any regard to any agtw
ment, and voluntary, as if there had been w
bargain at all.
Serj. Pengtll^, Mv lords, we only pi
general quciition, wfiich we
from Mr. Cotlingliam's ex V
ijinney is expected^ we apprelMi.vj n i^ Uie
as insisting upon it : therefore wc desire
Cottinghammny inform \f"»r )..i.|shi||i|^]|fi|
he insisted irpon any of ' n without^
rection from my lord >i 1 . . 1 ;
Cotting/taffi. The Blasters proposed tl
5UIT1S to me, to make such a ctimpbmeflt^
tu my lord, and 1 acquaiirted the Earl with
it : 1 did nothing without the EarlN apprtiijia*
tion,
StxyPtngelly. I desire be may be ai
he did not insist on those prices ?
JSerj. Prohjfn. My lords, [ beg the qi
may be confined to some particular A\
they are now upon ; for as tbey are
uprni tivo particular Articles, they eaai
according to the rules they were
tbemselvss to lay down, ask any queftWh
but what relates to them ! we tberelore de«
sire they may confine themselves to th««
two An ides. As to any question they propOM
to any of the Articles they have opened, Iff
them be as general as they wtU ; but we de-
sire titey may confine tbeaisekes to tboac Af*
tides: otberwiai: one qucjtion may iorolrf lO
fur High Crimes and Misdemeanors.
A. D. 1725*
[870
Seij. PengcUy. Wlietber we sbould noiv
^ik to Bennet or K> tiastuuy or to those who
HJMoe afler, \fc are under yuur lordships* direc-
^km : but we desire he may Iw askeil. wheiher
from the direction lie received from the earl of
Macclesfieid, lie did not iosist ou those fnutns
iVom KjnastoB and Oeunet?
Cottingham. I hare told you that tl>ey had
f oluntarily agreed of tbeir own accord to
re 1,500 guinea!}, and 1 told my lord Mnc-
3eld of it.
rj. Pengell^. I desire he may be asked,
bet her be did uot, by direction of my Lord
|iance]tor« insist upoQ those sums^ and he
Dtild not receif'e under?
Ci^ttingham, J did not. They asked me
liail thought the Earl expected^ I told I hem
^uineaSf as [ mentiotied before ; they
* to give it, aud my lord said he would
ke it*
[Serj, Pengeliy. At the lime when the lord
:c ieslie I u agreed I o take those stuns, whe-
he did not iotii^t upcjo the full of itiose
1 10 be paid ?
CcHingkam, Yed, he said he would take
ir- Plummtr. My lord Waeclesfield Joes
not disown in his Answer the accepting^ of a
preient in generiil ; hut avoids sayiog what
%ixm in parltrular he accepted. iHiercfore I
Aai apt to tUitik the insiructions the t^ecrctnry
"■ *^ might belike the Answer: so i hat it is
/ proper toa^k whether he had nut general
ructions, that when any Master^s place was
C;tot« or like to be TBcanl, be should insist
I such a price ?
^Cciiinghum. I had no such instruciions r
gentlemen cnme and talked to ine^ aud
|ifopoaed io nie the sum they were willing to
>ei and 1 hid it before the Earl : £ had no
licular io&tructiona.
Ir. PlumtHcr. With submlsHioo, Mr. Col-
^haui has tiotaniiu'ered the question ; there-
1 beg" leave tu ask him furtbert whether
ihath nut *aid elsewhere, that he refeived
jciilar directiooft from niy lord Macclestietd
l^tn&i^t upon such a »um ^
Coltinghum. I cannot say but I have, ind
jroti name the Masters, 1 catt answer more
ticnlarly.
r^ir Wm. Strukhifid. I would ask him this
sttoti^ whether he bus not directly said,
Dt be irunsdcted nuue ol these a^airs without
my tord^s direction P
CotttTi^'/wm, 1 own it I have said sot 1 own
jt beftue your h»rd^hi{i^, that I said that what
^diil li^' J Improved ui\
K ] cksiktU, I desire he may be asked
^li 11, to each di>linct)y, whether f so
innch ua knew any thin^ of the matter ag to
any sum offered by Mr. Kynttston or Mr. Ben-
^^ till he told TTie the whole sura?
^mO^ttingham. No. never «
K^» iii Maccietficid, Whether T had any dis-
^■QfM about Air, Kynaston or Ben net being
admitted, or the money they ^huuld gire, till
\f told roe they would give me l,5tM} guineas ?
CottingJium, No» not any djMCour«e : 1 told
the Earl what they offeree t, and he ^tm plea&e4
to accent it.
E. Of Maccttififld. I beij leav? he may be
asked ibis other question, since tli*'«e gentle-
men have gone now into that n^atier^ w bether
he did not tell me^ lit the same time that Mr.
Kynaston said be would give roe 1,500 guineas,
that he likewise snid, if ihat was not authcient
1 might please ray self?
Serj. PengcUjf. I hope the q nest ion may be
asked in general, when they have taken Ubeity
to interrupt the Managers for asking leading
questions ; aitd hope bis lordship will ask no*
thing that is leading.
K, of Macckijifid, Then I desire he maj
he asked, when Mr. Kynasion offered 1.500
guineas, wliether he saitt any tbmg concerning
any further sum F
Cottingham To the best of my remembrance,
I speak tt doubtfully, I am imt certain Mr.
Kynaston told me, if the 1,500 guineatJ wouhl
not satisfy the Karl, lie slundd satisfy himself,
E. of MarctrsficU . 1 desire to know cer-
latoly, VI bether he tidd me so?
editing ham, f am sore I did.
E. of Mucc/esfield, What did I say thereon ?
Cottingham. Your lonlsbip said you wi*uld
take 1,500 guineas, aud you would take no
more.
Mr. Ptummer. 1 desire to ask this question,
how Mr. Kynaslon came lo otter more, oi to
think (be Earl so insatiable thai the Earl ex-
pected more : I nsk Mr. Cottingham ho*v ho
came to off^r from Mr. Kynaston more than
was askeil ?
Cottingham, I told you what my lord Mac-
clesfield put to me. I certainly tohl him so*
But as to what Mr. Kynaston tidd me, that I
speak doublfully ; it is a' considerable time ago 9
I cannot speak'it pusitively, I sjieak doubtfully,
to the best of my lemembrauce it was so : 1
told your lordships before,
Serj. Pengtltt/. My lords, we shall not trou-
ble your hinlships with calling anymore wit-
ne^^es on this Article, when it appears plainly,
that be wus entrusted to adjust the prices, and
whether they were given to him or my lord is
not material. As to this Article, and the Article
relating to Mr, Kynaston, we shall lea\e it with
this o&ervution ; he is pleased to say in his
Answer, as to the few presents received fronn
Mr. Kynaston and Mr. Bennet, thathe the said
Eiirl did afterwards, and before the Impeach-
ment, deliver the same into the Court of Chan*
eery, in open Court. All that we beg h*ave te
put' your lordships in mind of, is, that from \onr
own Journals it wilt appear, the Itnpeacbmeni
was brought up here the nth of February,
1724, When my lord comes to shew at wbal
time be paifl the money, we apprehend it will
be ten days alWr. The nejtl Article relates ta
Mr, FniQcia Elde.
Mr* Elde called.
M r . Lut tf^c he, M j lords , vj «i i^tivtt vV\'\\.>\t .
Elde may be va tim, \^^ wu i^^\:<ix^\\is^^ ^
571] 10 GEORGE L
Mr. Lutw^che, My lords, fve desire Mr.
£lde may he asik^nl when it was he was ad mil -
lied a Master in Chancery ?
Eldc, My lords, I %v as ui1 milt (»d the first day
r Kebruary last was twelvrniuiUh.
Mr. LuttcytfiCt We desire he may be asked,
whether he ap^ilicd in t>er«oii to my lord Mac-
ilesfield io be admitted into this office, and whe-
lier It ^as upon death or re sifpiation ?
Eldc. Upon the death of Mr. VVilhnm Fel-
lowessome of my frieiids came to me, tkud put
it into nay ht-ad tiiat this of&ce might he a prr>>
per office ftir nic, and 1 look some lime lo con-
stder of it. 1 haci some encouragement at the
bar, and was very imwilhng to quit it, hut after
two day's consideration I went lo my hird bira-
Velf ; I told his lordship an oBire wns liilleri by
the deatli of Mr. Fell owes ; if his lordship
ttiou^hl me a proper |»erson ; aod I should be
glad to haveiL I was come to wait upun bim
about it. His hirdi^hip said, he bad no mntinei-
of olij^cnoii to me, he had knmvn me a consi-
deraMr- imi', and he belies td J should make a
giK>d officer,
Mr. Lutuyche, What further discourse was
there ?
E(de. My lord at that lime desired me fur-
ther lo cooMiler of It » and come to liim ajj^ain :
and so I tlid. f went hack froiri his lordship,
and I came a^ato io u day or tuo, I believe il
was the ^econij after I came liack flora his lord-
ship, a^td luld him I had cunsidered of it, and
destred tii know if bin lordsliip I bought ^1 to
admit utp; and I would make him a present of
4 or 5,000/. I cannot say « Inch of the two i
said, but I believe ii was 5,000/.
Mr. Lulwychr, WhatuoM^erdid my lord re-
turn, \\hen ytm made him (hat proposal ?
E/de My lord saiil. Thee and l^or you and I,
ni)' lord v^As pleaiifil to treat me as a friend,
tuuAi not make buruiiins
Mr. Ltttwi/che, My lords, wc desire he may
be askeil} witethcr my hmf Macclesfield saiil in
what mantier he would treat wiih him, whe-
ther in a more beoeficia] manner tha a anv body
else? ^ -
Eldc. My lord Macclesfield did say, that if
T was desirous of having the office, he would
treat wilh me in a different manner than he
would with any man living ; those were tlie
1%'ords my lord usidd, lo the best of my remem-
brancH,
^fj . Petig^H^. After this answer of my lord
Maculehfichl, that ihey umst not make bar-
gains, H h.it further application did he make ?
Eldc. i maile no lurlher application at all,
hut S]>i4e lo Mr* Colthvgham, meHing- him in
West ml osier- hall, and lold bim 1 had been at
ray lord's, and my lurfl was pleased to speak
very kinilly to me, anil 1 tiad proposed to g^ive
hitu 5,000/. Mr. Cottin^ham answered, Guineas
are hanil»omer.
Mr. Lutwifche* We desire to know what
he paid, and in what manner, and tu what
tpecie ?
Eide, My lords, I paid my lord, — 1 cannot
■ay 1 paid it iuuif but i paid 5,000 guineas.
Trial of the Earl ofMaccUtfieM^ [W8
Mr. Lutw^he, In what mftniierr WksM
you pay if lo ?
Serj. Pengeiiy, After this asrrrenic«il with
Mr. Cottioifham to make it r^" -s% brm|f
hand.^mer : we desire he i n\ ytm
lordships what he did pur^Ui»i^ ^^ ibis, lad
wha« he carried with him ?
Eld€, Upon this, t immediately weot ui my
lord's, t wa« willini^ to get into the office M
soon as I could. I di<l carry with nie 5.000
gnioeas in gold and Bank notes : I am ooi C0^
tain whether there was3,000 guineaa ingoUw
two, hot 1 thitk there was lhr<»e, and the fm»
due of the moocy was in Bank notes. Ttol
brouirht to my lo'rd*s house,
Herj. Ffngflff/, My lord^, we desire Uwf
be asked, what they were put into, or iafli
they were carried ?
Elde. I b;id the money in my chambers 1
could not tell hovr to conVey it : it was a gT«
hnrtlien and wei;rhl ; but recoHpctiiii^ I Wl
basket in my chamtier, I pot the ^niaeai isi
the basket, und the nole^ with them ; I weolft
a cliair and took with me the basket is Bf
chair. When I came to ray lard*s house I isw
Mr. CottioMfham there, and I gave bim tkt
basket, and tjpsired him to carry it up tooiy M*
Serj. Pen^eiiy. What answer did he relunif
Eldc, \ sdw'him go up stairs with the bas-
ket, and w heit he came do wti he in ti mated ti
me that he had delivered it
Mr. Lutuyche, My lords, we desire he may
be asked, whether he acquainted Mr* Cotltl^^
ham with what was to the basket?
Etde. I did not,
Serj PeugcUy, After Mr. Cotlinjrhi
and actpiamird yru he haddelireretl itie bsskci^
how looM^ ttfter that was it before you saw mf
lord >
Elde. f did not see my lord after that till I
was sworn m.
Serj. Pefigeffy, How long;' was that after?
Elde. I cmnot be positive; but it was with-
in a day, edlit^r the same day, or if not^ it wis
the next iUiy after.
8erj. Pengdiy. 1 desire he may be askei
when My, Cottingham returned down stain,
alter the delivery of the basket, what he saudta
him ab<iut the time of bis hem gf admilteii P
Etde, i do not remember he said any tkiag^
to me about lay being adtnitted : i took that for
granted.
Serj. PengeMy. And when he was admitied,
whether be uas admitted in the eloaet, or i&
what room ?
Eide, When I was to he admitted, my lord
invite*! me lo dinner, and some of my f-^'"^''*'
with me; and be was pleased to treat n
some members of the House of Commoi
very handsome manner : 1 was alter di
sworn in before them.
Sery Pcngetly, f desire to nsk, whether
bad itie basket again ?
Eide Some monlhs after I spoke to OJ
Jord*s geiitleman, and desifed him, if hessw
such a basket, that be would give it me back ;
and some ticne alter he did so.
> Of 1
J6r High Crimes and Misdememors*
Serj, Pengcli^. Was any money returned
I it ? — Etde, No, my lonb, there wag not
' Mr. Lutw^cke, Tliere is one tbing m the
]*s Answer, that be retaiirerl only pari of
! |>rf>si^iu no matle hini by Mr Elde, I iier-
lite the g^f tittemen uf the other side do not ik%k
py questions about il ? H they do aot| we shall
^i^r IVm Strickhvd. I desire to know what
|r. Cottin^bani did say, after be bad carried
' I the basket, and came dovrp &;:-am ?
[ Bidf. To the best ol" niv reinernbrance, he
Dotbin)( lo tiie, bat as I repealed jt before,
iotimaieil In me that be bad delivered il to
|l^ b>nJ .Macclesfield, 1 eannoL say as to any
ticular di^courae j but 1 understood that be
1 dehvered it.
I 8erj, Prnbj/n. My lords, if they have done
Itli 31 r, Klde, 1 uoutd beg lea re to ask btm
» queation, and that b in reUtioii to what tbe
ehed Earl said in bis Antivrer, that be re<
I of the )>reseiit sent bltu by the said Mr*
kao more than the sum oJ 1,350/. We
iire therefore that he may be a^ked, how
Itch was returned to hiui of tbe 5«CH>Q guineas
iLich he at first paid ?~'Elde. 3,400.
) Mr. West, When was that returned again lo
Eide. In November last^ to the best of my
cmbraoce.
Mr. Ondtm\ In what miitiner was lb at
ney returned to btin ?
I8er|. Frobi^n^ We have not yet done whb
I dtfsire to know when you went out of
rn, and when yoti returned; and how long
Her your return was il ri'paid ?
I EUk, Ix was repaid to rue, to the best of my
owledjfe, within ibiee, tour, or fire days after
liy return. As soon as 1 eanie from the couu*
the Earl look nnlice of it, and said that he
^ouid repay me : For some lime in May he-
fnrr, or ihereaboijls, tbe noble lord had taken
, that he had received this present from
id ht» would make me exceedingly easy,
^rj. Frohyn, This was bt*tbre you went out
of tow u ? — Eide. Before 1 went out of town.
Herj. Prohyn, When did ynu return lo trnvn?
Elde. I returned the 19th, 20lb, or 21sl of
Co 1^ em her.
i*erj. Prohyn, How soon after you came to
wt> did you see my lord ?
Etdc. Very soon after I came to town.
8eij. Probyn. What discourse bad you with
bim a bunt it ?
Elde, My lord told me he wouh) return me
tny money a^ain; be did not any alt, but he
iVDuld reuirr me my money ; and that be bid
done it be hire, had it tieen coiivfiitent«
8erj, Frob^n, How soon after this discourse
rm it that tlit' money w.ts rettirnetl ?
Etde, i bfhtre two or ibree days,
Mr. Ousfow. If the M^enilemen ha?e done, I
destre \%v niav be askeil, lo ivhal mannei this
looey wa*i retuntt'd, and by whuni 1^
Elde, Afier thjs discourse, my lord Parker
Dt for me, my Lord Ctiauci:Uor was then at
fevtmiusler-hall, and lold me my tord Chan-
cellor bad desired bun to pay to ine S,400/, and
be did pay it.
Mr. Lutui/che, My lords, if T umJerHtantl
Mr. Elde ri^^ht. lie sa'ul there was sorneihing
mentioned by my lord of ibi» kindness bttbre
he went into tbe country. 1 de»ire he may hm
asked, upi>fi i»hat occaaion be waa going inta
the country at thai lime ?
Mr, Omlow, 1 desire that he may first an*
■wer in what manner, by whom, and where,
IhJa money was repiud to him, whether ia
money, or notesj, or how ?
Elde. To the best of my remembrance it wai
paid in this manner^ there waa 1,400/, iiiBaok
notes, anil ^,000/, in India bonds,
M r, Ontiow W bo was this paid by f
Eide* By my lord Parker,
Mr. Omlow, Whether he ^?e any receipt
for Ibe money, or any part of it^ and to what
effect?
Elde. When my lord paid me tbe money,
he said my lord IV1act;lesht.'ld had <Hfleted me
to be paid the uiuiiev ; but bis hirdbhip not
havin^jr ^i> mudk by hjin, ih«M-t-rt)re be \vm\ or-
dered Iiiui to make it up, and uv pay me 2,000/*
out of his ort'ii mouey ; and ihut as 2,000/. of
it was bis own mooey , he desired me to (^ire a
note of the receipt of it.
Serj. Pen^elltf, Whether waa that note, a
note lor repayment of the money, or a receipt?
Eide, It was not lor repayment, that 1 re*
memlier ; but it was an acknowletlgmentof ibe
receipt ol' the money, that I bail received to
much.
SerJ. Pengelly, Whether it did not contain a
forlber ackiiowledt^menl for repiiymeni ?
Eide, Not ihul t know of.
Serj. Ptngeily. Was il said nj#on whose ac*
count the mf»aev wns \tmd? — Elde, Yes.
Serj. Pcu^c<fi/. We ilesire be may be a<«iked.
How many ihy'> l>etore be uasto prodiire the
balance of lii^^ cii^h Lieliire the commissiouert
tbul he received ibis money ?
Elde, I cannot 5iay bow Iod^ before ; il
might be a fortnight or three weeks; I cannot
say ; it wa!j not longf before,
Serj. Pengetljf. Wbeiher it was not necea-
tiary for him lu make use of this money, in
order to make up this balance?
Eide. 1 wilt ansvperihtiL ijuestien as welt la
I CAU : [ did make use of it to that purpose, as
bavinji^ it by live; but I was not so pimr us to
be put to a necessily of so dohij^; 1 could bare
had the money any where cd' any body thai
kne%v nie.
Mr. Luticj/cfte, My lords, 1 ilesire he may
be asked, Whether he can rememht r the parti>'
eulartime lo a day, when il was repaid lum ?
Eide. Upon nly oath, I cannot tell the par-
tic u hi r time.
Mr. Owj/oep, Was it after the enquiry waa
directed lo Ihj made by ibe lords of the council?
Elde. Ye^, my lordn, I was in tlie country
when tbe enquiry was directed lo be made, and
a month at^r.
Mr. Luttcyche, T mentioned a qtiestioQ be-
fore I Mr. £lde was mentioning that my lord
I
I
I
I
I
875]
10 GEORGE I.
Trial qflhe Earl tif Macde^M^
BIuoclesfieM bad sAid to liiin Wfare be vveot
out «r tiiwu, ihat he wouUl makr him exceed -
ing^ cosy ; I dtffkire he \\\^y be askeit where be
tyms then g<^ing, and ij|ioa what occasion ?
£^e* My lords^ 1 was ^oing into Statfbrd'^
fthiref wliere the bttle ejects I have in the
roHtl be.
Mr. Lutwyche, I waald know upon wb&t
cosioo ?
Eide, I never mi58pd going into ibe country
' tbe bef^iuDLDg of Auguai| for these ten years
paal.
Mr, Lutwyche, Whether there was any par-
ticular occasion for his guing^ down iolo the
eouuLry at that time ?
Elde. if your lordi.hip« arc of opinion that
ibis ia ^ fair question, I will us fairly answer it.
] went down to niy house^ to look into what
bttle affairs 1 had'lhere. 1 called at Stafford
first, and there declared tnysella candidate for
ihe election that was to ensiue.
Mr. Lutmyckf^ We de&ire he may be asked,
n ben be returned ?
Elde, 1 returned about the igtb or 20lh of
November.
Mr. Plmnmtr* Mr. Elde says, when my lord
Parker paid hiin, he bad a note from bim, ac
"knowleilgiQg I he receipt of the money : J de-
sire to know, Whfiher that note was taken up
ag'ain, and when ?
Etdc, The note T gave my lord Parker?
Mr. Pluotmcr. Yes.
Elde, My lord Parker sent for me, and gave
TiDe the note ag-ain. I do not know thai I saw
my lord Mac^le&tield tiJI after I had ^een lord
I'arkcr, and be bad given roe up the note
again.
Mr. Plummer. I desire he mavl>e asked,
Then the note was deliceied wp tu dim ?
Eldc. That was asked before ; 1 cannot tell
'the day.
Mr, Piummer. It was never asked here he-
fnrp : The qtiesktion I a&k is, When tlie note was
delivered up f
Midc. I do not renriPitiher llie day,
Mr. yiufmncv. Ak oeiir as yrm can.
Etde^ In ihe boiriiniinjf t»f Uecendjcr,
Mr. S<indt/s. I bt^ leave to ask <ihe *nir£tifm ;
be says thill be applied this money, uhtcli he
rcceJM'd or my loni i'arker^ towards m.ikto^
good the hajalicc of hi.v accumpt ; Whether or
no I be did not first refuse to swear to ibe ha >
lance of thiit account; and vi bat was ihe oc-
casion of it f
Ekte, When 1 had delivcreil in roy accompt,
the ijuestirm 1 ivas asked, the first time, was
proposed to nie» not by any of the judges who
were nppoiot&d to inspect our accornpts, hot by
sir Nathaniel Gun Id, who proposed it in such a
manner that 1 could not hy any means take it.
He a«ked me» Whethrr*! o%Ved any thing?
And I was to swear 1 owed nothing : 1 told him
I could not swear any such tbinjg-. 1 had some
ari;uments with bim about the absurdity of
each an oath, and said^ If 1 owe a million of
mooey tiiat is nothing to the purpose : there is
ibe mmey due on the bataoce of my accompt i
I ddiver it to you : 1 bid I lie motrnj upon Ibt
table, and insii^led u^ion leaving it «»trh ibem.
Mr. Sandys. Whether that m
vered to hitn aiier be relaiKd to t*»^.
Eide, It was.
Mr. Sandys, W^lietber that note wia ^
the occasion of bis refusing^ to take the otthf
Eidt. I cannot say but it was an iugraiiMt
in it.
Sir George Oxmdcn* I wuotd hm glai n
know where this note is P
Elde, When my lord Parker idela vered it It
me, 1 lapt it up, and put it in roy |>ocket
lord asked me why 1 did so? 1 aoawi
would keep it as a memorandum of mt
Chancellor's favour to me ; but when I
home, considering that it would be of no
vice, and that it might b« hazardous to kcfli
by roe, I tore it.
Dr, Sayer. i desire he may be asked^ Wl»
tber he did not look upon himself entirely^
charged from any demand on account of llil
money, or did think himself hound to Hb
awer it,
Elde^ I do DOt think myself bound to la^
swer it.
Bv, Sayer, Whether be apprehends it to lie ft
free and j»crfect gift f-^Eldc. 1 dc^ my kcdi.
[Mr. Cattingham called a^in.]
Scrj. Pcngeliy. My lords, we leJl the ba»^
in the blinds of Mr. Oottingham ; therefore it
is necessary ihat Mr. Coiliui^lmm iuform your
lordships H hat became of It afterwants; wtnt
he did with the basket after Ue bad it Ifooi
Mr.^Elde?
ColtiHgham* My lortl^i, I carried it op la
my lord, ami set it do^n in his study,
Serj. PtngcUy, What did you say to m$
lord?
Cattingham^ Nothing, Mr, Elde ordei' i'
to cAiry up the basket; 1 carried it ii;
there I set it down : I never saw it altcr^
Nejj. Ptn^eUy, Whether do you rtM«i
v^iut ani$\ver my lord Maccl^stield mmie ai
that time ?
Cattingham. None that I remember.
Heg, Pcagdly. Whether did be open Ihs
basket ?
Oditn^ham. No ; the basket waa covcveil
up, and I set it down in my lord's clooet.
Serj. Pt«^'t/(v. Whether, after that lime,
appointed any lime for Mr. Elde in tw
milted ?
Cottingham. I think be was admitted thit
very same day»
8erj. PengcUtf. I desire Ibis witness may bt
asked, whether be received any thing from'
Klde, bedsides what was in the Wket P
Cot t ing hum. N ot a farthin;^ . except my ft
nor no more of any of the Masters than
usual fees.
Serj. Probytu We desire Mr. Cottinglii
may be asked, whether nX this tirot^, v >^f-n V
Elde deiiired to be adtuiUed inln
there was any other person wbo dw^<
made any oU'er for it r
877]
for High Crimes and Misdemeanors. A. D, n25, [878
Cciiingham, Mr, Lucas, a gcDtlcnmn of Ibe
Temple, was recommended to the Earl Uy Mr,
Hul^trCKlef \t^lio is since dfad. He hail been
ormeHy a cuinmissioner of the Ejccise ; his
Bme was Whillock BulijlroJe. Mr. Lucas did
}t\i cnc ti|ir»n til at occasion^ it' the Earl ivoidd
Srait hifii, he would gtte him 0,000/. ihr the
See. 1 iui>k & memorandym of it at that
Ime, and I Imd it in my haud^ foor or tire
iy«ago.
Serj. Prohi^n. When Mr. Lucas told you
whether did you mfonn (he then Lord
rofit?
I am. Yes, I am sure T lUd ; stid ihe
pswci Ijej made me was. That Jllr. FJde uas
fiimily which tvere his particular frietide^
bd aniuaintancei (or whom he had a great
ri^nd.^hip and vnlue, aiitl that he should nave
1|00C>/. cheaper, or lesser than auy body
' Mr. Struvge. I desire he may be asked,
liether, before Mr. Elde was ad milled^ he
1 Dot acquaint the noble lord, that this Mr.
ttcas would ffive G^OOOL ?
Coitingham, Yes, I did.
Serj. Feugfllj/. I desire to know whether I
nderstand Mr. Cottinprham right? He says,
hat my lord would let Mr. Elde have it cheaper
ban any bo*ly else : Whether he understood
f that, thi|l my lord expected somebody else
ould ^ive him more?
Cotdn^htkm, My lord said he would let Mr.
Ehle have it upontlte score of particular fiiend-
abip and acquaintance.
Serj, Pcngdft/. If I heard htm right, I sub-
^Biit it to your lordships, whether he did not
Ky thst Mr. Elde should have it 1,000/.
Cheaper than any uther person ? I ask, whe»
Iher he did not understand my lord Maccles-
field would have 1,000/. more from any other
pemonf
E, of Maccletficld. My lords, 1 hope torn
to be i'harged with the imaginations of this
ntleroan ; he is asked about his apprehension
'my intention in a CRse thnt did not happen,
[desire he may be a&Ued, It" he knew what
'character Mr. Elde had?
Cot [ in f hum. A very good one.
E . of Muec lesjklil, 1 desi re i t m ay be a sked ,
IrUtther he did not know th'U I had a gjeal
lioion of ]>Ir. Elde*s ability and inlei^rity ?
Cottinghnm, He was one your lordship hail
\ gfreat opinion of, and that he was very ileserv-
1 never heard your lordslu'p express a
ler opinion of any man than of Mr* Ehle.
8erj, Peu^ciij/. We have done with this A r-
jle: the next Article is the Eighth. We
'desire M^r. Thurston may be sworn,
Mr Mark Thurston swurn^
Serj, Fengeiltf, My lords, we desire that Mr.
Thurston may gire 3'our lordsliips an account,
1^'ben lie was lulmilted into one of the offices
wM the IVIasters in Chancery, and upon whose
■bath >
^ Thurtton, My lords, I was admitted into
this olBce upon the death of BIr. Borret^ and
E
■ott
■fm
the day of mj admission was the 5tht»f Angust
last.
Hi^tj, Pffigelly, J desire he may beaskrd.
Whether, before his admission, lie IihiI made
any application cither to my lord MacelesHehl
or his secretary! or any person concerned fur
him ?
Thunton, My lords, before my admission, I
did make some application to my Lord Clian-
cellor's secretary I Mr. Cottingliaiu ; anti at
that time I niiide n proposal ot mnking a pre*
sent of 5,000 cfuineafi to Ijc admiitcd into the
office* Mr, Cottingham a.^kefl roe several
questions about my circumstances, and what
persons I could name thnt would recommend
me to his lordship; (o vvhich I gave the
proper answers, and mpntione*l several gen-
tlemen he knew. After that, 1 having the ho-
nour of being acquainteil with my lord eom-
missiont-rGilherl, before I tookany oihersteps^
I waited on his lordship, and acquainted him
with my resolution, and begged the favour of
him, that he would take the trouble to recom-
mend me to my Lord Chancellor, as his friend,
and a fit person for the office. His lordship
did take that trouble, and wailed upon my lord
at Westminster, who was then sitting upon the
bench ; and after notice was sent him of that
gentleman's being in the little room behind, his
lordship came off the bench ; and some tim<*
being spent in conversation between theny, 1
was called in^ and kindly recommended by that
honourable person ; and my lord Muerlesfield
seemed to approve of me upon his recommen-
dation. But I should acquaint your lorfl»hipf,
that as to that part of the transaction with Mr.
Cotlingham, he said that he would ri'porl those
things to my lord Macclesfield, of my character
and person, though he never reported any thing
back to me agoin ution it : but I took t(ie next
ensuing steps, by the intervention of the ho-
nourable gentleman y my lord commissioner
Gilbert.
Sir Wm* Strickland. Whither he dtd not un»
derttand that my lord l^Iacclesfidd agreed to
h i s p roposa Is ? — jTA union . Yes.
♦Sir If'm. Sirickland, Afier this transaction
with Mr, Cottingham, what further application
was mnde ? And why he was not immediately
admitted at thnt time ?
'Ifntrston, It was not expected by me to be
immedtaletv admitted at that time: because
my Lord Chancellor did not absolutely deter*
tnme me to be the person ; bitt said he had so
pood a charactf^r of me, that he believed 1
should be the man.
8ir Wm, Strickland. Whether Mr. Thurston,
being uneasy about the delaying of admitting
him, did apply to any other person after*
wards f
Thnrttmi. After my being introduced to my
Lord ( Utancellor, there was some time for my
lord's eonsideratioD. Near a week after, a
message was fient me by Mr. Cottingbam, that
my lord would be ready to admit me such a
ifay. Before the day came I had •> vcvQisw^jb.
coutradiclin*^ vl, \^^b Tf\^ \ji\^ ^VvwaiXw'^
I
I
1
S79J
10 GEORGE I.
Trial of the Earl of AfaccleffieUf
IfcO
I
being eni^a^d to aUend the council on (hiit
day, Al'ier that, I €'X|)€cted ihe ap|K)intnientof
another day for tliat purpose - and in Ibe mean
time this aftair Uml ^ot into the puhEic news-
papers as eiery ihiog doea* and 1 was named
py e?ery body to be thep^rsuu fixed npon ; and
people resotted to rae to transact the business
of the office, which I could not do without
t»eing duly admitted. And shortly alter that
tinic, there was a report spread, that my Lord
ChanceUor had litfsigned lo make a present of
Ihe plac-e to snioe gentleman in the country,
ipibicik j^ave me an uneasineHs, and put me
upon DD expedient^ that since I could not haw^e
ready accesu to «o j^reat a persoo as hi» lord-
ship, 1 went to Kjeu&ingtoo one niomi ug to
wait upon the countess of Macclcktield ; and
upon sendiog- up my name, and that I desired
to apeak with her, in a short time 1 had the
hotiour of seeing her, and acqaainted her that
1 was Ihe person that my lord had promised
the office to, and that 1 could not proceed
therein witliout being fi^vorn ', therefore I de
aired her ladyship to intercede with my lord,
that C might be speech ly sworn in. Her lady-
aliip said, She never did meddle in any affairs
of a public nature, 1 used several ars^unieots
witii liei', as that the thing" was now public and
in print, that it might be a great disappointment
to inp, and might aifect my character, if my
lord did not thiuk tit to admit me. Maid a (fnod
deal of sLre.ss upon these arguments ; and I aC'
Suainted her ladyship that 1 did not expect or
esire lo come in without the due present tlmt
is always e^steemed the perquisite of th;; great
•cftL Then 1 repealed! those other argumenis
again, that my character might be adeeted by
these disappointmentii ; whereby her ladyship
was prevailed upon to promUc she would vi rite
a letter and acquaint my Lord Chancellor with
it. Before I went away from the riiotu where
I had the hoDour to be with the lady, I did
leaYe upon the table Bank notes U) the value of
5,850/.
8erj. PengeJit/. How were tbey directed ?
Thur&ton. i directed thetn to the countess of
Maccleslicld*
Serj. IVngelly. I desire he may be aeked^
How soon after this he was admitted ?
Thumton, l htUeva it was within two or
three days after, at fsirtbest, that I was ad •
milled nod sworn into this office.
Serj. Ftngeilt^. We desire he may give your
lordships an account who was his predecessor?
Thunion. Mr. Borret, as I acquainted your
lordijhi|is before*
!>erj. Fcngdtj^. Wc desire he toay acquaint
your lordships of the stnte of the office, as it
came into his hands. What was the deficiency
of the office, due to the suitors of the Court, not
ous\Tered by the eflVctn of Mr, Borret p when it
came into your hands?
Thunton. That is a queitton I can *t possibly
answer, because I never had those uceomptf
aoiter luy inspection ; and [ don't find the
gienileisea that ha?e| can gi?e an account
4ffit
8erj, F^ngellu. I do not ask lo • psflioalir
sum 5 but whether there wrm^ a deficieacy« aoy
deficiency, and about what siini?
Thurston, I do not kuuw any thing at tU
about the matter * I might as well guess wtiit
a gentleman is worth th.it I know mithiug oL
Serj. PtngfUif, Whether there wer
sufficient to an»^«er nil the suitors' den
Thurston. I cannot ted ; b« ^ re mm
not any particular or eiaci ar it, tlat
is come to my knowledge.
Herj. Pengdlj/, Whether tlie suitors
been paid the money left,ordejiositcd by ih
in the hands of Mr. Borret ?
E, of Macclesfield, My lords, if there k
an V order of the Court for their hein^ paii (
will appear, and they may produce those on
to your lords'
any order?
nil lliey i
liiw ; H
to your ]ordshii»s ; How can they pay wH
2!»erj. FengdUf. I do i\pt speak of orde
only ask, Whether he kuokis that the so
have been paid ?
Thuntmu It is Impossible for tue to I
any knowledge of it, for the reasons I ga^^e j
before ; having had no Inspection of those i
counts.
Mr. Lutttychf. l desire he may be i
Whether any effects, or money, or cash, i
to what value, have been transferred to hioiyi
the effects of Mr. Borret ?
Thurston. About 4,200/.
Mr. Lutwtfdie. Whether he knows whattbt
cash was that was in Mr. BotTel*s hands?
Thurston. No, my lords, I do not know.
Herj. Pcngelttf. I dej»jre he may he asi
whether he has been applied to by any of I
suii^/rsof theConrt, upon the account oVmoaey
deposited in Mr. Borret*s hands T
Thurston, t cannot say nobody has sppGtd
to me for money due in Mr. Borret *s otficf I
sevei'al suitors, or their representatives, ht
been fiHpiiring after sucti things, who
lieen sal is tied with having such a o answer t
the present circunistaucrs would funmb*
There were some sums of money, before tliii
broke out, paid to suitorR, that was inierrst
money; and virho were repi'csejited to me a«
people in necessity, to fhe amount of 3 mt
400/. When this broke ont^ I then desi!»t€d
payment, upon the advice of a great friend.
Mr. Lutfvycke, 1 desire he would ej^pkla
himself, what he means by saying, before this
broke out ?
Tlturstmi, What I mean was, (l»e enquiry
made Into the M alters' accompts, by his isa*
jsstv's direction in counciL
Mr. Lulwydit. The sum of money he paid;
I desire he may be asked, who hereoeif ed that
sum from ?
Thurston. I received it from Mr. Godfrey,
the Ma*iter in Chancery*
Mr. Lutwt/dte. I desire he mt'iy t>e asked,
whether he knew of any administralioa takes
out to Mr. Borret, and at what time ?'
Tfiuriton, I believe flir, Godfrey and Mr-
Ben net were desired to take thai Imubte uj>o«
them» ca laok iats Mr. Barret's afiain by Mie
881] Jbr High Crimetand Mudimetmon,
Lord Cliaticclbrt which I bey prcKjeecM aod
|<K)k i>ui(ie t^teps ID, lit! they wer^ discourt^l
om il hy the enquiry that \ra9 set oo foot,
bey U'Jl me now, ihkit AdaiimstraUon i&
loletl to Mr, Fujcton.
Feniidiy. I desire be may iofomi your
ikhipn, siuce he paid llie interest, wby he
nol pay ihe principal ?
E* *»r MucclcsfitU, 1 believe »t would gave
our h>rd.«htps' tune, if Mr, Serjeant would ask
' \ qiieslious in such a Qi&nner, as not to tunply
elhinf* which wa« not admitted, or said by
WEtntsss. The qiiej^tion siip[io«ies a prin-
t aum demaoded ; ihe projiur question i^,
\ to ask it' any priocijml sum was demanded ;
u^hether it was, or %va« not p»id ?
erj. Pen^elij/. I appreheml ihat Mr. Thur-
i gays, that iTiditors came to him, suitors
Court, und he cnnld not pay any more
ban tlie interest ; tbifefore I apprehend they
ao>e to him for the mootiy lodgeil iu the hands
"Ir. Bnrret* Therefore I desire he may be
[|, whether any of thoke persons that de-
1 their money were paid ?
i. of M(tccU-yJitid. I dt'Jsire he may be asked^
Hher any demanded Uie principal sum i aud
what order ?
'Serj. Ptnudli^. I desire to ask my own quea-
s ; I apprehend I am not to b*; directed in
askmtf my quetiions by the h>rd im^
cbfd. I de^tie to ask nhai suitors apphed^
what fiumji they demanded ?
rttan. The names of the suitors I can't
li I believe it is not necessary to trouble
lord.'^hip^i wtiik them. The sums de-
tnderl tifreonly interest money. The prin-
) sum fur whieh 1 paid the interest, to t lie
of my remeinhrance, wa^ 700/, There
\ Dodetnond ntiide of principal money to be
But there mis^ht be eoipnrii's maile, 1
slievc, by a wA\\e peer of lliis fJouMS which I
so thy uiifiiruinote, that I could not io-
I his lordship ot tlm stale of whul b« ea-
lired after.
Ir. Piummtr, Mr, Thurston aays, he de*
I from pavm^ any further suras upon very
^advice; 1 desire to know why, or by
I atlvtce, he desistt^d payinLr *
rtt<m. It was upon a prudential reason I
I desist; because uhen a public enquiry was
t en ftK>t, { did not kiuiw bow fsr 1 might be
\ in being made aiisuerable myself for it.
, Piummer. Whether he had any sus*
in that thcte waa a deficiency in Mr,
ftrret's otiicei*
Tkunton. There was a snspicion that there
wmB nut competent tuoney to satisfy all the
auilors* drui.iods.
Mr Lntau hr, I desire be maybe asked,
«vheii»er tlRrk^ w us not an order for transferring
the effecis in Mr. Borret*4 bands to bunf
Tkitriiotk U|ioa Ihe admission of erery
ilaal«r, there ia an order of coune signed by
tbi \j»i\ Chancellor, to transfer ihi* eliects to
Uie f»ucce*<sitr.
Mr. LMtayche, I a«k if any such Order came
IQ biDn f^ThuntoH' Th«rt didt my lord*.
VOL. XVI.
Mr. Lutwyche. Was there any IraDnfer of
the effects according to that order?
Tkurston, No, thertf was not a complete
transfer.
Mr. Lutu>i/che, Why was it not» as usual in
the ca^e of otlier Masters, that either are re-
moved, and are able to transfer ; or in cas^
u[>on death, where their representatives are
able 10 do it ?
Thurston, The reason it wa» not done, I
conceive, was, because it was impracticable,
there being no representative of my predeoessoc,
no administration being taken out.
8erj. Pengelly. I desire he may inform your
lordships, wTietlier he was not applied to, by i^
noble peer of this House, conceroinar somt- ef-
fects deposited iu tlif^ hands of Mr. Boriet, and
what account he then gave bim of the slAltf
aud sihiatioo of the office?
E. of Muciiisjicld, 1 am really very aorry
to trouble your lordsihips so often. Whut is it
to me what this gentleman said ? He is uoir
upon his oath, and to give to your lord»hi[)s ua
account what he knows ; but to ask liim whal
he said at such a time, to all'ect me, i hope they
will not Insist upon it.
Serj. PmgtU^, When he has declared what
be sdid, tbt n tliere will be another question,
whether ihul wn^i true ia hict ? And ihatque**
lion will tin o ,»irri the imijenclioil lord,
E. ul . '/. ifMr,Serj«rani will aska
proper <|<! t, be may; but he shouUt
QOt a«k an lotpi i^per thing, becauae be will ask
a proper quehtiitn ullterwards.
»S<TJ. pLtigdly, We apprehei^ it is jiropor
evidence to l>e «,n^en, that he gave such an ais-^
count of the ofhce, in an$iwer to the nuble lord :
Therefore I desire to know what account hft
gave to ill ■ ' »rd?
E. ot Li My lorda, I humbly op*
pose that 4ll^^•^- n, aud desire your hirdshipfi'
judtraient whether b< is to ask what this persott
said?
Wr> Luttrt/che. I believe the same end may
be obtained by asking a question without dis-
pute, Qud to which there can lie no ulijeetion ;
thai is, whether or no he had any reasotia to
Uiink that thai'e was a deficiency ia the office^
and tvhat those reasous werei*
Mr. Strange. My lords, we beg leave to ofi-
pose that qnesiioD : Wli'*t bib priiate opinioa
maybe, is no evidence; he and another way
thiok vanouaty of the same matter. I'hey arft
to ask him as to fact, tind ntit tu his opinion.
Mr, PlMmt/Jtr, 1 have not had the h3|>pmes
to be bred a lawyer, and therefore mav be mia-
taken as to legal evidence ; btit surely^ when
your Inrdships are examining a pemon to tlie
deficiency of his own office, none cm give %
liettrr aceount thun himself.^ 1 desire he would
answer what he knows, whether he hnd tli0
complete money of Mr, Borret's transterreil ta
him ?
Thurston* The complete money of lh# office
hatli not been transferred to me, and for the
reasons 1 have mentioned to your laiMlif^i
for want of an a4[nUki&lii3^Mk«
at
•
I
883]
10 6E0BGE I.
Trial qf the Earl ^Macde^iM^
[8M
Sir Wm, Strickland, 1 would heg Imto to
ftsk Mr. Tharston one questioD, and 1 hope a
material one; whether, on bis admiision into
that office, he did not find a great confusion
in it?
Tkurtton. I can't say that upon my admis-
sion into that office I found great contusion in
it, because all papers that came within myriew i
were wery regular, and well adjusted to dis-
patch business upon.
Sir Wm. Strickland, I desire he may be ask-
ed, whether, if he had known the state of this
office, he would have given 5,000 guineas for itf
Thurston. If I had known the state of the
office, and the consequences of it, as appear at
this time before your lordships, rather than
have given 5,000/. for it, I would have given
J»,000/. to have been without it.
Heij. Frohyn, Of the money he paid or left
at the time he mentions, on my lady Maccles-
field's table, I desire to know if he received any
of it back again f
Thunton, I received back again, from the
lady Macclesfield, the sum of 3,250/. in Bank
notes, the same as I enclosed, when I first
left it.
Dr. Sayer, Do you know the particular cir-
cumstances of that transaction, and upon what
occasion the money came to be returned.^
Cive a full account of that whole transaction.
Tkurtton, Soon after my admission, and as
•oon as 1 could adjust the affairs of my offioe,
it being the latter end of summer, and little bu-
siness stirring, I went into the country for my
liealtb. The servant 1 left in town, sent me
word, that there were several messages from
my Lord Chancellor, that he soppos^l might
be of importance. As soon as 1 could conve-
niently, 1 returned to London, and in a day or
two went myself to my Lord ChanceUor's
bouse, and I sent to know what the occasion of
tliose messages was. They said, it was net
from my Lord Chancellor, but it was a message
from my lady Macclesfield. Upon that I im-
mediately afier waited upon her ladyship. She
informed me then, that she did not know that I
liad left so large a present with her, as she
found it was : and declaring I should be used
with honour, she returned to roe 3,250/. and
the other part, she said, she would appropriate
to her own use.
Serj. Probyn, We desire Mr. Thurston may
be asked, if there was any notice taken of any
order or directions from my Lord Chancellor
mbout re- payment of the money ? or whether
it was only a transaction between him and my
bdy Macclesfield .'
Tkurtton. There was no notice taken of any
orders from my Lord Chancellor ; rather an
express desire that my Lord Chancellor should
never be acquainted with it.
Mr. Strange. 1 would ask when this money
was restored ?
Thurttou. The time when the money was
restored, was about the middle of October.
Cooi. Serj. I desire he may be asked, wbe-
Uuar at the time Im fint tpplied to lady Maa«
e paper!
bills were in on the table, beme he reemcd
anyanswer from my hidy, or afterwards?
Thurtton. I laid down the Bank bilbsntht
table, to the best of my remembranoe, at tbc
time of my coming away, and taking leave.
Com. Serf. Whmher they were enclswd la a
paper f
rA«rs/on. They were enclosed in a p^er,
and also sealed up.
Com. Serj, Whether they were opened te-
ing the time he was there ?
Tkurtton, No, they were not.
Com, Serj. Or taken up by ray lady daif
that time ?
Thurtton. No, my lords, I don't itiaudg
they were.
Com. Serj. Whether he named the paii-
lar sum to her ladyshijp P
Thurtton. No, my lords, not in the fcHt I
did not give any intimation what sum wM>
closed.
Mr. Strange. I desire he may be tM,
whether he can remember that my lady Mc
did not open it, before he went away f
Thurston. To the best of my remembraei
it was not opened before I went oat if Ai
room.
Mr. Strange. I desire he may be askd lUf
further question, whether he apprehended ihil
my lady Macclesfield was acquainted withlfci
contents till after he was gone P
Thurtton, I did not apprehend that my l^f
Macclesfield was acquainted with the coalfla
of it till afterwards.
Mr. West. Since that gentleman hatb hm
asked concerning his apprehension, 1 desire le
may be asked another question of the mm
kind, which is, whether he apprehended hi
shouJd have been admitted, if he bad not kl
the money P
Seij. Probyn. We submit it to year kid-
ships, whether that be a fair question.
Mr. Wctt. Really I think itis a proper q«i-
tion, upon the fi>undation of theqoestion askrf
before. The former question was, whetbcrli
apprehended my lady knew what he had kft'
1 ask, whether lie apprehended he shonid ha^
been admitted, if he had not left that sum P
nurtton, 1 do not apprehend, that if I bii
come without the money, I should have M
admitted. But if the notes had been rttand]
to me without any other answer, then I should
fully have apprehended that I should not bsft
been admitted.
Sir John Ruthout. 1 desire he may be aikidt
whether he hod any particular acquaiatSD^
with the lady Macclesfield before P
Thurston. 1 had not that honour.
hit John Rushout. Whether he had ever fscf
her, or been in her company before P
Thurston, My lords, I believe I never wHi
Sir John Rushout. My lords, we deweli
may be asked, what he apprehends waslh*
reasou of 3,260/. being returned to bimP
Thurston. I know not whether I skneMM-
Ue your lordships with mj ap
I kmi ao Tar &■ I oouJii c4)Ufet
^ *B dfocoHrse, the reftsoo was, slie
It too lirge K prest^ol.
pgmgetljf* 1 desire be may be asked,
P50L WHS returned, in wliat luoutb
trtion. It was in October.
eUy, Wbeilier be can recollect in
the monlh ?
I belie le it was about the mitlille
Br, to tiie best of my reinembninc*f.
lycr. My lonlj, we desire be utay he
bt^ther the rciuru ol' this money was
r ai'ier the Ibeu first seat belbre Mi-
I term ?
f<wi» To the bpst of my remembrance,
leftt vras abuui the miclille of October,
m returned belore Uie (irst seail,
"^robtfft* h\y 1oni8| I desire be may be
betbar there was any messajc^ sent
% returning of the mooey^ be?ore the
It luide t
Ion. 1 have acquainted your lordsbina
pal messages past, while 1 was iu the
tit. When he waited ujioii my lady
, after his return out of the couii-
Miire he may be avked, whether she
d any thing to bim of the reason of
iatsgea?
!<Mi. Hbe mentioned tlie reason * and
it it waa to return the money, which
was too largfe a present, and that she
d my Lord Chancellor should come to
>led)»"e«f it,
*robt/n, I desire he would inform your
I when be went to Kei^siujfton to my
idttMdt where my lord Macclesfield
on. When f went to Kensington to
MacclcsBetd, my lord Macclesiield
' <] in the busiuecs of the Court
he latter end of the aittings, or
>vkiyi uichaelmas term.
rtihjfn. In what state of health was
Chancellor at that time f Had he not
I I43nie time before at London, and not
K My Lord Chancellor, by the en-
■p» was at that time iu London.
\vbvn. How soon after your atlmls*
lb* Lord Clianceilor go into Oxford*
I The very day afW my adinis-
nl Chancellor went into Oxford -
IS iiifoi iiied by one of my lord's
I cume to m« that day upon some
^ O^ningham again called.
Jttl^, My ton! 8, I desire Mr. Cot-
nuiy be asked, whether upon the (tro-
(^.000 f^uineas made to him by JVIr.
fi m ws^uatnted my lord Macclesfield
Serj. Pcngeily, Whether did he approire of
it, or rejt?ct it ?
Cottingham. I am not Fcry certain, whether
the Ear) did not aay he would tiike time to
consider of it. But iu tbt; main, according to
my £tpprt;beiision, the Larl st^emud to approve
of'it.
8er). Fengtlly, I desire be may be asked,
whether be receivefl any ihinjj fur my lord
Macciesfield^s use upon Mr* ThurstoU'Sadmis*
sionf
Cotlingham, No, my lords, 1 receifed na*
thing but my own fevs^
Serj. Ptn^cUj/. If he received nolhio(f, whe-
ther be received any directious from my Lord
Chancellor, relatin?^ to bis receif ing, or not rc*-
ceiving any tbiog from him ?
Cottifightim. The Earl was pleased to tell
me, he bad a design to have given that place
to Dr. Sayer, but he was at that time in the
country, out of town, at Durham : he proceed-
ed so far as to order me to take no money of
Mr. Thurston.
Serj. PcngcUy, When was that?
Cotlingfwtiu Very sooq before he was ad-
mitted.
^ierj. Ptngelly, My lords^ wc submit this ae
evidence of the lord'4 knowmg of the receipt
otthis iiresimt of .0,000 guineas.
Mr. Lutici/chc. My lords, I desire to kno^v
of Mr CcHtmgham, whether my lord Maccles-
field had any aci|uaintance with Mr. Thuraloa
before this propu»al ?
Cottuighum, I cauH say as to that, whether
be bad or had not ; I believe be had not, aa 1
apprehend.
Mr. Piummer. 1 desire he may be asked one
question t Whither be made an^^ ditB cutty of
accepting hh fees on !^Ir.Thurstoo's admission f
Cotiin^ham, Y^es, 1 did.
Mr. Plummer, And why ?
CoUing/tam, The Earl ordered me to lake
no monev of liim. Ut^on that general order I
made a Utile difliculty, and told hirn of it ; the
answer he made mc wu$, VVhv should I make
any ditficiilty, when he bad been thus
rously dealt with by tuy Lord Chancellor ?
Sir Win. StrkUand.' >Vbether at that time,
when he finat menttuneJ the 5,0UU guuieus, it
was out u day or two bclbre bis adiuission ?
Cottinghom. 1 believe it wa^ a day or two
before Ins admission,
Serj, Pcni^elly. My lords, we have done with
Mr. Cotttngbatti ; since the name of Dr. 8ay er
m mentioned *m tltisoccaiiiou^ whom the noble
Earl declared he would compliment with the
nlace that fell vacant^ 1 desire ibts witness may
be asked, Whether that w»fi a real eomphment
lo Dr. 8ayer^ or whethir Dr. Sj*>er made any
application I or was tti give nuy thing for it f
Coiiingham, I believe, if Dr. 1^) er had been
then in town, my lord would really have m^ide
him a complinieut of it without ;iny present*
My lord told me Dr. 8ayer was his particular
and be bad a great value and respect for
if
1
i.
I
887]
lOGEOBGBI.
a qnestion upon that quesUoii. He tayt he
tbouji^ht my lord Macclesfield would hare gireu
if him for nothhiff ; 1 aak him, if he then
thought he gave it Mr. Thurston for nothing ?
' Cottingham. The answer I can make to
that question is, that I did not apfirehend my
lord was so well acquainted with Mr. Thurston,
as to give it him for nothing.
Dr. Soyer, 1 desire he may be asked, Whe-
ther he did not represent to the earl of Maccles-
field, that there was a necessity for the imme-
diate patting a Blaster into that office for the
dispatch of business ?
Cottingham. I did represent it to the Earl,
that it was necessary to put somebody into the
office, ibr several practisers had been with me
about their aiTairs m that office ; and otherwise
the business might be transferred to another
office, which would have been a great prejudice.
Upon that the Earl said, Mr. Thurston should
be admitted.
S^. Prohyn, Whether yon had not applica-
tion Irom the suitors themselves, and whether
there was not a clamour from them on account
of the stop it put to business ?
Cottingham, Yes, there was ; it happened
to be in the long vacation ; and something, 1
told the Earl, must be done ; there was an ab-
solute necessity to come to some resolution or
other in the matter.
Serj. Pengelly. in this Article, as an aggrava-
tion, it is alleged, that Mr. Borret died insol
TrUt cfike Earl o/Macde^ieU,
lately: what accoilbt bath been takeD
effects I don't know, nor can any way
They are beginning with an account, m
apprehend is not a proper evideooe
given as against me, to prove that this |
man had not effects sufficient to wum
demands upon his office.
Serj. Pengelly. My lords, this evidei
lales to an acconipt delivered in by the
bation of the lord impeached, on the i
made before the lords ot the council,
accompt was delivered in Wore them,
prdiend, so far it is a proper evidence
foundation for a farther enquiry, how ii
it remains in the office : we shall aal
persons afterwards as to the deticienc;
the use we now make of it is, to sb
fifross sum that was at first transferred
E. of Macclesfield, My lords, if the;
only to satisfy your lonlships' curios
shewing how great a sum there was
office, 1 think it is of no great importan
Mr. Lutwychje. All that we eudeai
prove now, is, what was very notorious
time of Mr. Borret's death ; that there
great deficiency, and that he dietl ins
and the Earl goes a great way in this
in his own Answer. He says in his A
that on the death of Mr. Borret, he •
Mr. Godfrey and Mr. Bennet to etiquii
, his effects, and to enter a proper caveai
vent : we beg leave to call some witnesses to | prerogative court, to prevent adiuinif
five an account of the state of the office at
is admission, and af^wards at the time of
bis death.
Mr. Metier called.
Serj. Pengelly, My lords, we desire Mr.
Meller may be asked, what sums in cash and
effects he (telivered over to Mr. Borret, at the
time of his coming into the office ?
Metier, My lords, f take it to be about
l20,0i)0/. 1 refer myself to the account given
in to the judges, and directors of the hank, and
signed by my hand.
8eij. Probyn, My lords, we submit it, whe-
ther this is regular, to examine to an account
viva vocey which account hath been reduced
itito writing?
Serj. Pengelly, Surely the witness may make
use of his own oaner to refresh his memory.
being granted to any perKon who migl
bezzle the said Borret's estate, and to
administration to be granted to them I
benefit uf the suitors of the Court. Th
a goiMl way, i apprehend, to incline vou
ships to believe, that there were tliow
used, which are unusual in the case of a
solvency. Thenfore what we would
is, that the witness would give an airo
what he knows coiicernint* the deficie
this offioe, or give an account of such r
stances, as may induce your lordships
lieve there was such a deficiency.
Com. Serj. If the gentlemen who apj
the behalf of the House of Commons il
to rely upon our Answer, thev may do it
Sol. Gen. I think Mr. Meller h:iih
that he transferred UO.OOOl. t«) Mr. J
we will now iro on« and prove the deficir
^/vT High Cftmis 0tfn Bmttunt&swofi*
A.D. 17iS.
time to draw oat tlia full tocoonl,
bral ouuleanabftrect; btfth which
IfMclesfieid. The noble lord atkcd
m exceeding proper. Theqaenioo
What this paper woP Perhapa ic
y aocoropt Ar. Bnrret and he oMitde
n them, and signed. I ask, tbetefhre,
t is the aooompt between them, or
t is an account of hn own drawing
This is the account 1 drew np ftoni
, of which Mr. Borret had a dnpli-
rerified all these items, and Kkewise
e payment of the money by gold-
i Bank-notes.
i. We apjirehend that this is as full
IS can be laid before yonr lordships.
rot^n. We submit it, Whether year
are of opinion, that this is proper
Mr. Meller hath been proposing a
lieh IS not the oriffinal acoompt de-
it is not the book, bnt a copy of the
II out» and given in e? idence in ano*
: Now he would by this evidence,
r himself, charge Mr. Borret with
riiTered orer to him i hot as it is an
Nily sif^ned by Mr: Meller, we snb-
hether it can be a charge upon the
ilive of Borret, and consequently if
my evidence at all ?
mgelfy. We beg leare to insist open
sr evidence. When a person makes
0BBpt of his own hand writing, and
up, and swears that to be a true ac-
Ni his own knowledge, Whether this
ler evidence?
fMccteifietd. This gentleman has real-
his evidence, though it was obfected
I he a propfT enqairy bereaf)er, when
to consider the evidence that hath
1, Whether it be good proof of what
lit for?
rsr. We shall reserve our objection to
n» They may reserve what ohserva-
ptease ; it is an objection to be made
ottfall.
liMfr. It would be of some service
spendioi{ }'(>ur lordships' time, if
would diHtiuj^uish between ob-
itf irtlservBtiooK ; for a great deal of
ktfen taken op in observatioos on evi-
ladl are proper afterwards on the de«
it. WiUiam Thompson called.
H^gell^.' Mr. Thompson iaone of the
i» m&f by the c«>nsent of the lord
Ir.tet *• well as of the rest of that
jl t]|^amnie into the aceompts of
' '^ftoosry ; and we beg leave
^ iWmpt delivered in before
^ What appeared to be the
llwt'saecompi?
4hesappear by those
layKpwiaceifbe-
Ibm year loidshipa, and yonr lordabipe may be
jodgcs; bat I beg thev'maynot insist nnoii|
thk geotieaian giviog nis opinkm, in order ti^
affirat BM with hia --"— * — — '-'
Soi^Oem. The origmal aecompto irebercC
They are ea yonrlordahips* table. It will he
propnr to eiamine this gentlematf at to that.
Mr. PAoRSMr. I beg leave to make one ob*
I, and I bdiefe it mayprevent knu-
ig your hirdshipa' time, lliey make aa
oDfecuon to this evidence, as if yonr lorviihipa
were going to try how the deHdeocy wu niadf
up ; wheraas your loidshipa are only trying,
woether there was or waanot a deflcieiiey.
E.9f MkceU^UId. If the aoeompto are be«
fore yonr hwdsbips, and lie apoh yoar hyrd^
ships'^ table, and he only dedtte* to yoor Ind*
abipo hia obaervatioQS on those accompCi, tat
vour tordibipa eaae, and to save yoa some lnHt>
nle; I have no olgeetion to it.
Seij. Feiufiify. Upon the alatiBf the ae*
compc, whidft we apjMwheod ia a giatter of evi»
dence, when a' gentleman eompiitea the anm
on one side, andthe saiA oo the ether aide, wa
desiire to know what ippears to Mr. Thempaoa
tobethedeAcieocyr
Tktm^itm. Ican'trdy aneniByniemevjfSir
tiMe sum, hat I have lb my band a report toade
to the committee of eouiicil, that 1 aigscd wia
my namef by which it nnpeara, that Mr.
Bfeller, at several times, fttd to Mr. Bonrel
190,000/. That Mr. Borret paid oot to the
aeveral suiton 77,485/. and I find the Clkarge
remaining oo Mr. Borret's office nnpaid to m
suitors, b 49^X5i. These are the sums that,
npon examination of the acoompts, we find to
be right.
Dr. Seyer. If the gentlemen that are ma«
nagera tor the House of Commons have done,
we beg leave to ask Mr. Thomiwon thia qiiea-
tioo, Whether on the making op of theae ac*
coonts, any executor or administrator of Mr.
Borret was present ?
I%ompmm, When we examined the aeooontf,
we understood there was no rapreaentative of
Mr. Borret; and 1 think it Is pot ia the re-
port, that we could get no acoonnt bnt from
his clerk, Mr. Godfrey and Mr. Bennet, two
Masters in Chancery.
Com. Say. What books were they he formed
those accounts fnim T
Thompum. The first charge, or the charge
from }iIt. Meller ou Mr. Borret, was tak«i
from Mr. Meller's account. The 77,485/^
paid out waa an account from Mr. Borvet'ii
books, made np by his clerk, ander the iii*^
spection of Mr. GiMffrev and Mr. Bennet.
Com. Serj. 1 «lesire be may be asked, Who*
ther he hinoself knew those to be Mr. Bbrret'a
books, or only' by relation from other persona P
ThomptM. Only by pelatiMi from hn cfork.
Com^TSen. Then, with sobmissiafo, thcf
must go further before the balance can be
token nbtKC of. They must establish' that
these hooka are Mr. Borret'a hooka.
&£ Cfm» WetavedoM with Mr.
891]
10 GEORGE I.
Serj* Pcngeliy* Vie hope the counsel for the
Enrl impeached, will be pleased to read bis
own Answer, whereiti be owhb that Mr. God-
fVej aod Mn Ben net were employed bj him-
•elt to take the effects of Mr. Borret into their
«tJ5tc*dj,
E. uf MaccUsfield. If I apprehend Mr,
Thompson, he sa^s, the charge is taken from
the account gir^n by Mr, Metier himself, 1
desire to know. Whether Mr. Meller was not
called upon to discharge himself wf the money
lie hud iu his hiiJidj, before be surrendered to
11 r, Borret ; and whether that was not the
occasion of his being' there ?
Thompwn. I apprehend Mr. Meller was sent'
for, in ordtT to ktiow the state oF the office at
the time he left it,
£. of Maiclcsfield. So he QtLYe aa accouut
how it stood at the time of €jmlting^ the office,
1 what he paid over to Mr. Borret ?
ThonipsoH, 1 apprvbend be did »o.
Serj. Pro//yn. 1 de^iie Mr. Thompson may
s ftgked, Whether the 77,485/. discharge, wus
'lakeiifrotn the relation of Mr. Godfrey and
Mr. Betmet, or from the books lliemseKes: or
i»bitlier be did examine tike biioks himself?
Thompson. 1 went through erery jmiticular
r>mi Mr. Midler's accompt ; as to the other, my
neiitory does not serve me to auswer parli-
ularly.
K. of MacctcKfidd. Whether they did not
eport at that time, they coiiM not take the ac-
ompis perfectly, for want of' an administrator?
Tfiompfon* I ljdie%'e« my lordsg \i€ mij^ht do
aud I bebeve, ii the Report la turned to, it
fill appear so, I don't nicutiun these sums as
I exact accotnpt, they were the best accompt^
fe could get.
Mr* Soytr, The qaestion I would trouble
four lordships witli, hecause it is of great con-
i|iieuce, 13, Whether the accompiof nOjOOO/.
rbich lies as a charge upon Mr. B^irret's office,
pa not the accompi which Mr. 31elkr is to dls^
l^hargc himself by, and of those effects for
rhicTi he otherwise remains responsible?
Thompson, How far Mr. JMeiler is to dis-
iharge himself, 1 am no €om{jetexit judge*
l^hia is the accompt that the ofiicej as 1 appre-
nend, stood charged with.
Dr. Stiyer, To put the *]iuestion shorter^ whe-
ther it is Uie accompt of Mr, Melter, as prede*
cssor in the office to Mr. Borret f
Thompson. 1 apprehend it so,
Mr, Plummtr. Whether Mr. Meller did not
[produce receipts for Mr. Borret, (or this whole
lUccomptf
Thtmpton. To the best of my remembrance^
Ir. Meller did produce i ouchers for every ajr-
[iicle set down in bis accompt.
Serj. Probyn. I desire he may be asked,
Jlrhelher there were any proofs made of these
lirouchers ?
Thomptifn. What the gentleman means by
proofs, f donU know. They were receipts
[vnder Mr* Borret*« own band for the whole
lum.
Com, SerJ, I desire he may be asked, whe-
Trial of the Earl nf MaccU^eld^ \Wi
ther he is acquainted with Mr« fiofTctV liaad-
writing; or whether there wue any j
*
0* it?
Thompion* Mr. Borrel's elcrk was there, ut4
affirmed every reoetpt to be Mr. Borrei^a hand*
writiog.
Com, Serf, I would ask, if there was my
oath made, or if it was only upon his word f
Thompion* If your lordships will ||five me
leave to have recourse to the Report, 1 vnU t^
collect mvself. I canU say whether Mr. Bor^
ret^s clert was sworn or no, 1 tiiiok he was
do.'t't iiud it set down in the lieport.
Mr. Ltitici/che, 1 would beg leave to ask
question ; this Report, ttrnt is signed hy hioi
one of the committee, whether it wa» laudle
fore the co<mcil, and to whom delivered ta, ■
order to be laid before tlie council ?
Thmnpson, Thia very Report wai defiveiti
by Mr. Baron Gilbert to the eoauninei if
couucil.
£. of Macclesfield. I hope it is the aame that
is before your lordships, if it is not, 1 canU ttfl
what to say to it.
8eij. Fcngtlly* This is the orig^inal Repoft,
of whicli your lordships have a copy on jwst
lordsliips* table,
E.ok' Macdcsfetd. I desire it ma J be
vered inj and lie upon the table.
Mr. Godfrey called.
Sol, Gen, We desire Mr, Godfrnr inay
asked, whether upon the death of 31 r.
lie was directed to take an account of the
of bis office?
Godfrey, Upon the death of Mr. Borret, my
brother Bcntiet and I were desired by my kn
Macclesfield to look into the afliiirs of Mr. Bei^
ret's office, and see how the accotnpt stood;
and hkewiiie to see what leeurities were id the
Bank, in the Exchequer, and ;£ast India Ceoi-
pauy, and other funds. Accordingly, '
to the Bank and the East ludia house, and
an account of what 1 found stood in his i
there. 1 lielieve Mr* Bennet will satisfy y<
lorilships, he went to the Exchequer and
places. 1 applied first to the Bank, to
Hanger, who was then deputy governor,
he was so kind to send an officer to search
several books, and 1 had this accompt ;
was iu Mr. Borret^s name 1,000/. in bL
cent annuities, 1,000/. Batik stock. And
I went to the East India bouse, and there
240/. East India stock in his oame. This
ail the account 1 took.
Sot. Gen. In what state was the office ui gl»
neral?
Godfrey. I did not look over the office-Jboels;
I believe Mr. Bennet, who waa with me, took
that charge upon him ; 1 believe he is capable
of givio«: you an account I did not see the
office-books at all ; hut upon my talking willl
Mr, Bennet about it, he found there was men
stock and security in Mr, Borret's name la Ibt
sever&l funds, than he could Bud him cbafgc4
with in tbe^books of the office.
»crj. Fengelly. Whca 9tlx. Thanipaon %Mi
I
for tligk Crimex nnd Mhdimgan&rf, A. D. 17 to. [854
Dtleman «nmiired into ibe narticular ;
ber, when lie ap|>e(ired Ibcr^, the
ave ill was a true acr<itiipt ?
"'IV »ltc best of toy koowledge, in
0 Mr. Borrel*8, it WM,
en, I desire one questiao more, whe-
1 usual to enquire iuto the effects of a
W« QQless there u reason to su9i>eGt a
IV. I ilon't know whettier it is asua),
■^mely iiecensary. When ibis ^d-
K exiMriiig in such an office, having
» in town, nor any intimate acquaint*
tden tn ys«?lf to take care of bis effect,
loujfhl tolake some care, that his
~1 iKit be ijlondcred ; and that nvas
ihttt induced me to take tare of
bey mig'lit not be embezzled,
'Whether they did not fiiul
i m gfi'tat coutucion ?
cy. In that nart ot his office which was
ambers in tbe Teoipte, we found liis
I great eonf«i§lon, lyintr without auv
or or<ier. We collected there as well
iild, and what things we found of value,
[ingCtothe suitors, as goldsmiths' do leS|
der hand for money, we put them upon
lod that lite, too ether ^ith other Httle
es we found helou^ng'to bimfasring^,
Itch, were all put in u bag, and staated
r Ben net and myself, Mr, Ciraut, who
Boirtt'i^ lady*s father, and Mr, Grant
l^rman, who *wa^ his lady*R uncle ; and
Ut^m info a trunk, and locked them up ;
vv at my house.
^ N kianti, I would ftsk himi wbe-
Stt ot kin did not refuse to take out
on, because of tbe deHnency .
§erj. Here can lie no answer, hut yes,
Ili0p«, gentlemen will not ask snch
^meeUffieM. I desire he may l>e asked,
Hy adric« wnsi tri^ l' tak-
Htiot takitit; out
Vfi Mr, C«rant» the nistif, ^skun, liiat he
ejitor of Mr. IJorret^ by bond, (which
WAS aurpriEed to hear, i diil nut think
i may man a shilliti|^) between Q and
ao gre;it a creditor, he thoug^ht
Imhtifltrstion he should be paid
Mr. IJovrei had l>eeu in an
* ^r«at w<'i<fht» and (here nas a ^reat
could not tell how matters stood in the
tod if there should proTc a dc-*iciency,
id be would involve himself, in tnkiiig
n, in much more trouble than
f.
khnd, f desire be may be
not apprehend there would be
did not apprehend at that time
► at^ ^''' Tcncy. He had been
iiri^ ; hehatl hnd op-
- t'>mself : be had a
rol^ hen became in,
ibul^ , tlieivfort f was
' I ^ ft d«§ci«ncy.
E. of Mactttffield, I he^ leare I may ask
Mr. Go^h'rey, whether he was acquainted rery
well with the affairs of Mr. Borret, and knew
his circnmstances P
Godfrey, 1 have had sotne years te-
quatntance with Mr, Borret. As to his real
estate^ 1 was not perfectly acquainted with it t
I hsd it only by common relation, that he had
an estate of about 400/, a year, or rather ^»et-
!er ; but f don*t know it of my own know-
ledge,
E. of Maecle^Jield, As to his real estate, you
say you don't know it of your own knowfedj^e -
whether are you particularly acquainted wiiU
bis persoaal r>Nttite ?
Godfrrtf, No, my lords.
E. of Macclesfield. I desire Mr. Godfrey t*
infoi-niyouT lordships, what he said to me after
Mr. BJrret*s death, wlieiher there would be a
loss, or not a loss in Mr* Borret^s office.
Godfrey. I can^t at present remember
what discourse passed between the nf»ble Earl
anil ntystlf, up«JD the death of Mr. Borret, I
belicre I might say, and it was my ouinion,
thut thtTe would be no deficiency » I bav«
heard his estate was such* and I knew very
well that hts lady^s fortune was so much^ and
that he disposed of a placet which was lb*
Filazer of Yorkshire, for which he had, as I
have been informed, 4,900i. And these wer«
the rexisuns that induced me to believe tbers
would be no deficieticy j and E knew very well
thai I could say of my own knowledge, Mr,
Borret lived at do extraYajjaiit rate ; for 1 am
sure all the time be was a Master, and in town,
be never spent 200/. a year.
Sir IVm. Strickland. He saySt he has bear4
he had 400/. a- year in land : does he not as
well know that that estate was settled upon hi«
family and children?
Godfrfy. I have heard that, upon bis mar-
riai^e/smme part of it was settled, uul whether
all be settled, or not, 1 can't tell.
¥., ot^ Macckifidd, Itseetnsihis gentleman
says be did not spend $00/. a- year. Mow
cnme yon to imag-ine that b« should spend »•
more than 200/. a«year?
Godfrey, fie told me so.
E. of Macclesfield. Where was his family f
Godfrey. In the country.
E. of Macclesfield, Wth whomf
Godfrey, With his lady's father ; and whett
he was in town, he had private chambers in the
Temple, and only kept one servant, and ont
horse.
E. of Macctetfield. I desire be may be asked*
whether he did uol once intend and propose
bimsrlf fo ukc out admini«tnition to Mr. Bor-
ret, and if he did not take some ste|}S to*
wards it ?
Godfrey. I bad so f^reat a concern for the
office, nnd I he securities wot hfing tran^erred
to a proper hand, that I was utlhnif to take out
administration, rather thin there should bv any
clamours on account of the neglect ol buHiuei*
in the office. But» n^y lordv, upon constder-
jRjf th« matlf r, J did not appreh«ittd that i ^
I
I
895]
10 GEORGE h
Trial of the Earl qftfaeckifU^
Iflo fit A pppfioo fiir that frurpoae. I was not
l^ery youiitf utv^elf't 1 ii^tJ two cliiMren^aoH
those young^; [ «iJ[m*henrled tiint il 1 should
frop otf be! ore tUint^^ were s+'Uled, ll»e c»8c
Dig lit be Kiill the sstrwe as 1 found tb^m :
Jlher^fore, 1 desired 1 mi<rht bave smnehotty
Joiued with mc in lb»»i iroublesome atlWr, fori
l4ld ibrejiee a ^ood deal otimubk iti if, Hom *
W9Wtf 1 said I wtifi wdltojf to * u^tje in it, if
nqfir^Tber JoUu Ct^nnK wiTPjomt'd witb ftn*,
mibcr tban there shonld l>e ao\ rlktmmir upon
the office; und I persuaded bitii to do ihe
^m same; uiid accorditii^ly^ I wetit down tu tbs
^H Comii>ori:9, to see it .idii>ioii>trtUion could be
^* ^miiUMf to m t^vo. The rt'latjoii* in the coun-
try, and those people concerned tor itiem, were
feiy willitic^ Utnt adtiiuiisiratiou should be
graiiteil to Mr, Bennei and mys^lT; and ac<
cordially process was sent to cite the chddren ;
ttod tl)»t doDCf as I am iiit'ormeilt sentence was
l^iven, that I and my brother Bennet should
ha?e the adroitii^iiraiion, Bni then ibis un-
tiappy enquiry coming' out, u'e did not know
wbaisituaiiou we mi^btbein^ ;ind for that rea-
•on 1 fJechned it.
E. ot Mucctnji^id, Uas Mr. Borret a wife
liviti|^» iM i* she dead ?
H Godjrcif, His lady died a moDth before
^l him.
^L_^ E. of MaccleifielfL What age m% hiscbil-
^^■Igken ?
^P^^ GoJ/tti/^ The eldest is about three years
H old, and tlie youngeat about tiro^ ds I am in-
H tbrmed ; 1 iie?er saw tbeiu*
■
■ ofii
H
I
I
I
tbrmed ;
Mr. John Bennet was called and sworn.
Sir Win, Strickhnd, Tlie question I deMre
he may be asked is, whether he did not, npon
the ouqntry into the affuirti of Mr. llorrei's
office, apprehend thai there was a deficiency ?
Jr Bennet, I did hear it reported that ifiere
would be a great deficiency in that office, at
the time 1 was desired by foy lord l^faeclesfield
to look into it; and I whh llkewt:^ infbrroed
aonn after^ that there was like to be do de-
ficiency.
Sir iVrn, Strickland. I desire he may hm
asked, how he lound it ?
J, BcKnet* I t'miud his paper's nnri nrrnmptS
in the uiino**t conftidon. Ilia vere
mostly in looae papers i there w. jv in-
dee^t, but thnt extended no farther than to the
Cbriirtiiiaii before hia death, witicli vras near
three qii»rter« of a year before lie died. fVlr.
Godfrey desired I would join with tiini in takioi^
out admin uiration ; after a ^ood d€iJ of iotpor-
tuuity I did consent.
^r Wm, SirifklufuL I desire one question
more, H« aayn he was informed !(4>ou alter,
there was like to be no deticieney in the ofti*re.
] dc»ire to kcKiw, whether be did iufi»rto the
earl of Maccle^£i«ld there was hk« to be no de-
ficieocy ?
/, Bennet, No, 1 4ui aot ; \m\ 1 did inform
hint, that there wo* not su grrM a drli(*)ency
as waa refturleilr which w^w «5 or 3i>*«>iU/. J
lookiai
thin^ was in the ulmoifit
qoninted my lord.
I E. of Mardc^field, I di^tre he may Watkftf,
I whether lie did not inform me, iHot he tannA
ttiore alock in Bt^rrct's onme, m tJic iMMkkm vt
the itrireral companiee, thau b« C4»uld fiad
ch a r:red upon hiiu in the offioe?
J. Bennet. Not to my retuembranee ^ far t
did not if»ok into the stocks of the compaaiM;
that w]i» Mr. Godfrey Vbusiiiesa.
E. of Afticclcfjicld. Vou then lOoked talo bn
books?— J. Bennet. 1 did so.
V..ctf Macclerfietd. Tf:
into his books, aud Mr. <
the CompnnicK books ^ ani.
gel her, I desire you would inform my
whether you did* not take mc>re to l>e
name, than he was charged Willi tn the
the offi<e?
X Bennet, Upon Mr. Godfrey** aoeoi^'
there ap[»earei1, u|H>n casting- it up, to be UMrr
stock iu his oarne than the liecitriliea be mm
auswerable for to the Court,
E. of Macekfficid, He has MitcJ, he tmM
not tell what the deticiency wouht (ip, liemiiit
he could not make up a regular > I
desire be may be asked, wbethti'r h' I
roe that be believed there wonbl ue no «ir»
ficiency ? — /. Bcnrtrt, No, 1 did not.
£. of Maecksficld. Did you not. uiioti yma
oath? * '
J. Bennett After Mr, Borret'm death, I M
saj^ to several people, whim they were rlaim*
rous (but whether J said so to my lord Mao^
cle!>field, 1 can^t tetf), Ihnt nijon ihebMtii^
count 1 could make of his oati4i3«ed aUfl»
there would lie a deficiency of 4 or 5»O0O/* ail
1 tielieved not more.
Com, Serf, Thour;b Air. Uennet .! '
into the books of the public chdu, i
whether he did not exaniitie at the ExchtsauO
upon that occasion ? — J* Bennet, Yes.
CoHK Serf, I desire he may be aKkerl, whe*
ther he did not tell Mr. Godfrey attcrwaHs,
that u^Kin wliai appeared, there w^mldbeaa
deficiency ? — J- Bennet. Ntt.
Mr. PUannur^ Mr. Bennet has said, oM
compartii|f the books, he tbuoil mortf stock ai
Mr. liorret^a name, than he was charj^l wilb
to the Court. 1 desire he may t^ lu&ked if h«
found more stock than the money and tt^e df*
fiTCts he was chargfed with to the Court f
/. Bennet, No, my lorils, the be«t calculi*
lion 1 oouhl make, was, liiat there
or 5,(KiO^, deticient,
l!k'rj . Fengeliif, We shall leave t
with this oh^ervHtion, that Mr. Bi»r
Boken t, ami a dvbtor t o th e su m
of which we hiive g"ivea full rv
Mr, Tliorsum *vaK admittf *t n i ^ t
the Earl impeachoil, wiilvit |Uo
hMstion to the suilord of the C4mti,
far tbt-tr deiis : if that was done,
the nobb' lord to prove it.
Mr. OnMkvi^ My lords, lh»
10^ taadi'^fH^d tit. I! part of ilieir Imjioa^
by whicbtlieeafiof MiodMiild it^ndschargiA
4
il has 1
J6r Wgh Vrifim tmi HKsdmeanors.
mklk fxlftftiug WKoy ipreat and ^iktravft^ant
snmtof moii^y, for the luImiRfiion or«4»vi'ml of
I the Mwfter*ot the Court of Chunccry mto their
»|irrtiTc offices : Wf> uh^U now proccetlf my
lis, 10 (support the Elev«otli and Twelfth Ar-
'lidrm, whicb C4)iaVm tnanv corrupl practices,
^ittied hv (lie *^'Md Eir], to adrance aod eoci'ease
, arising to himscelf from the
al« m\ of tboMf employnieDts.
1 1 1» Article eh»rf;es htm, my lords,
kwilii - s^Ter^l persons to those offices,
|iirfio»uti; I tJicir adminsion* wure of
III I ubilityt and highly unfit
\iy the itsiuro of iU*;ir
toi ti vnts to he placed in
A, D. rfs&
I Mwlcfs in Cliaiicesy> my lords, bsTe^ of
^rrnsurersof that Court;
rouey and ih« effects
Hi^„. ..,,.. ,..c i; bronf^hi tb«re, my
s^ not tty the choice aail ^soosent of the par*
f tissi'mjc^rn^-d. biii )iv the compulsioo ot the
Cvi< 4 b«tt«rr ei^curity : hut
Mil out^ thsc this pre-
k M^uniy bft4 METVod only to delude I he
I of the Court ioto a JaJjie cjuiet, whiliit
Wyk cttatflabsvsboen made a prey to uafamous
|«totk-jolibsra« aed wamooly wasted, l»y Bome of
f IbMit t0 aiipport tke exti'svagancy of their
Tliff fijrmiK' , ' '. of orphans and (uQB«>
ikasrr, frc«tti «^ioii of otirf^ovcm-
tticai, s pitrt (*i .ii<^ I fiTi.' f)f th4» Court ui (.'ban*
«|ify ; Slid have liccn todf^ed in tbe hands of
as a pltJCft of Hincloaryj till the
should become capable of uianag^in^
( ttienm^JVi's: when they cotue, my
their fortiuit*St he, \«ho wss
judge io a court eatoblisbed for
rrtbaf; be, M^ho wan the great guardian
nfanti anri Innritti h, wilt be found to have
keri of the weak-
V of the ulber, Io
<M b^ipU>^ coudiiioa a means of their
nd of tlieir |«rotectiori.
'r<1», is tile oatnrf nf Uie trust re-
-liifcteniiif tbel'ourl ot Chancery,
itH )it,ethey h»jve lie»'0 [M^nnittcd tu
il» *rbij mriiioi-.ji lift the trust Hill
J !— < > - s^ wL«i precautions a Lord
• • have ttiken^ an to the offi-
v^. . ,.i ,i,,v..»f,„n^* aud the,
bin triifll, ■' bow liltli;
Ik I II, \ s to provide
iunaibic meot for
^ ; but who, my
Mors, and io ib*'
( of the kingdom,
i.^i Court of C ban ctry ;
ry of FiTwiire fourscore
^ti (be Mas-
ips may be
II notice, of
uiir* to he n
^-^ri' (uinntted by hiin.
It. ai to this Article^
rj^ ot tkmm liaicttitcMS] ii
would, vvc apprebaod, he sulScifDt to evince
what Ibe Commona bate here all ^^ffed. Thus
nersons of small sabctance and nbdity, have,
oy the Enrl at the bai\ been prd'encil to be
Msfiters of the Court ol Chi/otiery. Bot, tny*
lords, to brin§r ^hi^ cbnr^e *(ti!l nearer to tbti
Karl, we have^it in proof, ami Kirontfly so, that
little or no enquiry ws» ever made by him, into
the characters and circuin stances of those he
admitted into these ofiicc^. That in fact, injf
tnixts, they were men of very tnean fortunes.
No secnrity etrer re<)uifed of them \ which stiti
made it the more neceftssry, that their owtt
ability should be tborou&:bly looked into ami
well npprof ed. We shall shew vour lordnhipa,
thtttth *uf thera, wUli
ibrty. iQ the amount
of u butiiiivij ui(Hi'<,<«ia.i piruiii]:^ iti (rafili and se-
cunties : and yet, tny lords, no uiher titui^^ watf
miide of tbrs, but to enhance the price of th# |
office, when it was to bt sold and baneretl, for
the beneCit of the Earl. The ar^rument ttsed,
to brro^^ up any person to the rate the Earl in-
sisted on, was the largene^ts d' the sum to h&
transferied to the purchaser. The teiupiatimi
yiencrallv succeeded : the reason your lordiihipa
will easily imni^ioe; and %%hen the price wss
thus agreed upon, no other qualiticaUon wo^
reqoirfB, the i»€r«on stood ri^iht ift the Earl**
optniou, Jind was thought proper to be asso*
ciated to him. — Were it only that, my lords^
tbeComtnons would not hate troubled vour^
lordshi^itt with tlii^t Article, but to be associated
Io him m the adtuiuislratron and execution oP
jnytire, and to be entrusted with the fortune*'
i>f whole fHOiilieSf wboae only soppier*, per-
hspa, de^>etided on the ability and iuleigrtty of
these men : bow well, my lords, the Earl con*
suited in the appointment of these officers, th«^ "
honour of that public ja<)lice they were to assist-
him iu ; what regard he has had' for the interest
of those, whose estates he thus fluog into their
bands, the endenoe we shall proiluce to your
lordships, and your own obserrutious upon it*
wiil abundantly shew, notwithstanding bis tiat
denial nf th^s pnrt of the Char^.
1 will trouble your lordships but with one^
|>ariicubr moic in this Article, and it is whar
the Article concludes with. A remarkable de-
claration by the £arl,oftbe ability, and other
qusiificjitions of the Rlustcrs, pai tu'iilrtrly those'
promoted by hitn ; and tbfs bup|iened, my'
lords, upon as remarkalile an occasion » A ttry* 1
honourable prrson. tbi^n a judge mtso in that
Court, and > at the head of it, hanng
seen with > >ti, the bsvoc that was
making of Uie efletti* of the suiters } out of
compaj^ion to tlicm, and from a xeal for jus-
tice, endeavoured to put sofiie stop to it, iu an
instance that came within hia co^uizance. An
order was made by him, my lordi», ou ooc of
the Masters, to aHow some profit to a suitor '
arising from her own money, which the Master
designed, as it was tbauglit, to hare sunk ttr
his own use. The Ma^iter r*v - * • ' "^-''
grieved, and fled for re< In-
then Lord ChanccUor, thi: ^^.^ .«v,^ ...v
$09]
10 OEOflGE I.
Trial o/the Earl ofAfaeelttfieU^
poo
your lordships' consitlc^ration ; and he wis se-
curer in so ilnmjr, (or lUe order was imrnediaWly
diiichortreil ; nud then it was, ni> lords^ to od-
?iate the clamoar^ that were breaking out fronn
aW mytls or people tigii in St ibe Masters, that the
constitution of the kingdom^ httte le
into his ^lower.
Mr P«/mer* My lords, the g^otlemsii tint
apoke last has fulty opened the evidence ot llift
Marl did in o^ien cnuri, then silling as Lord | Eleventh Article, and has shei«'n to your lord'
Chnnrellor, hi Ills judicial capacity, declare,
thai »he present Masters were ncien of as great
brohjiy, tiirtunes, and ahiHties, as any set of
^Ia«*TerM thai ever were in tliat Court ; and that
he hud had the saiititaclioD of putting in most
i}i* Ihetu iiim^elf. A^ this, my lordt, was spoken
it) ^reiieral of ihem all, but wiih a peculiar re*
gard tn those he had adoiitted ; the Commons
liave laid it to be to the mauit^t deceit and iu-
Jury of the suitors of the Court, which they
arejuniified in doing, by the thing itself being
fai.se, hy tlie proof we have, roy lords, that the
£arl must know it to be false, and by the re-
•ambiance it bears to that series of otCer mean
artifices he had long beeo practising to give
n counterfeit credit to these corrupt ofiiccrs.
A credit, my lords, he was sooa lo receive
•ome benefit from: for the witness will in-
form your Jordidiips, that a vacancy of a
RIaKter in Chancery happned the day before
tliiii sigurficaut and memomblc declaration was
made.
^ My lords, the Com moos ha?e made this Ar*
tide a part of their C'harge against the earl of
Macclesfield, as being th^ great source of the
eril that in likely to befal the unhappy sufferera
ID the Court ot Chancery ; and as it was the
means he made use of to draw to himself tho^e
extravagant sums of mooey wc have proved
liim to have received: for men of small for-
tunes, my lords, as they have more temptations,
so they run less hazard than others iu preying
upon money that b entrusted with them ; and
it is this, my lords, that ep courages such men
to give exoruitant rates foremploymcuis which
afibrd them those opportunities*
Thus, my lords, I have opencil to your lord -
«hipH I he substance of the Eleventh Article, and
the nature of our proof upon it. The Twelfth
Article will be opened and eoforcetl lo your
lordships by the 4jt?ntleraan who is to come afler
me. I iiball therefore detain your lortlships no
louder than to make this one observation, that
as the office of a Master iu Chancery is of
great trust and importance, that as these of*
ficersare appointed to this tru&t by the sole dis-
cretion of the Lord ChsDcellor ; aud that the ef-
fects of the suitors of the Court are deposited in
their cuaody^ by his immediate ordei-s, which
he might have placed in safisr hands if he had
thou;^bl lit ; he becomes by all this in the na-
ture of a superior trustee for, aud h therefore
justly answerHble to, the suitors for the beha-
viour of these mer>» So, my lords, in sotne de-
Ipree mav the public be thniigbt ansiverable for
him ; wliicb ma It en hi^i guilt without measure,
who has thu>* brought a disgrace upon his coun-
try, by proNtttnting one of its highest courts of
justice to his own avarice aud corruption, to
llie rapine and corruption of his loferior of-
ipKt'Si and tQ ilie uitdotDg of tho^e, whO| by the
ships, that for his own private atid iUegml giia*
the impeached lord did commit ibe monty M
effects of the suitors, to men nu wayi^f wah*
stance sufficient for so great a trust. The 1^
Article will lay before you a most com
lifce, used without controul, while the
Chancellor, by which this illegal §[iuo
meiisety iucreWd ; and whereby those Mi
of whom the Commons complain in tfa«
ceding Article, were tempted and enabi
buy tlietr offices at eictravagant priceftr
Vonr lordships will see what methods
used on the admission of Masters in Cham
great sums were paid for the surrender* mod
missions, and tJiose sums were takeji front
money of tlie suitors ; sometimes the
money was borrowed : but after ad mis
paid trom the cash of the office ; book;!
value of the purchase was Iet\ in the surm*
dcring Master's hands i whatever dii
ways were tal<en at the begiimiug, thejr
tended to this ; the suitor?! wt:re to make I
purchaser easy, and the peo|)le were penusdrf
to bid high, by being told how easily the Ift
sums could be rais^.
It was a common recommendation to a ,
ch:iser, to tell him how much cash was in tlae
fice ; and that he need not be afraid lo lallic
any contract good ; money would hr ready if
soon as he was admitted ; your lordships mil
see ttie consequences of such recoromea
Masters did otfcr, and give more than c
presumed they were worth, the suitore*
was at hand to make good the bargain ;
these are the I^f alters in whose o^oea ij
the greatest deticieucics»
It wilt appear to your lordships* that
Kynaston, and Mr. Thomas Bennet, j»
their places in tliis manner* Mr. K3
discharged a bond of 6,000/. to his prcdem*
sor, by giving a receipt of the same valuew Mr*
lleonrt gave a receipt to his nredeoesaor fit
10,000/. : both ackoowledgetf a traiiffer d
so much of the suitors' money, the one reodved
but 9/., and the other 1,500, liie^ rest was k^
back as part of the price of their office ; and if
DOW a part of their deficiencies. How gr«lS
their deficiencies are, may be observed to y
loi dsliips ; Mr. Ben net's is near 10,00U/.«
Mr. Kyuaston*s above £0,000/.
This is the practice the impeached lord, in
AnswiT, declares himself totally iguoraiit
and is what the Commons declare he knew,
connived at, and enc^iuraged ; and as the J
have been always careful to aver notbiog but
what tbe^ are satisfied will be fully oiaiil*
tained, this Article will be supported by proofs,
that the impeached lord was well informed of
what he now denies the knowledgtf of; that it
was the subject of his discour!^e, and lliat ha
fearedj aad eodotvourcd to prereatu diMOfi
I
fit High Crimes and Misdemeanors. A. D. 1725. [908
Thompson, ttid IMr, Hanerer, three of the cJt-
fpctors, arnl r>fie of tlient de[mty gov*»i imr of
«i,« i>^..L ..r i:*«,-i--.i 1,.. .K.. «. .1 Li....««^
And your lordsbips will find bim obsemnj^
Ihe accomits of i^ome of the Masters, as
ey were given in on the late enquiry, That
were given in in the worst manner ; that
bey shoutil convince the wurld that they paid
br tlieir places out of Ihe suitors* inoney ; and,
hftt they ivould at htst discover what he had
Jirays, u hen asked, taken care to deny.
The impeached loriL admits, iti Im Answer,
hat he ne* er caused any schedules tn he made
' the Ruiiors' etiects, to be transferred over to
BCCf^din^' Maaters ^ thai it Ha«i what his pre-
^^ssttrs never diiL before him) and thai if the
ttnsequences alleged hy the Commons, have
en from this practioc, or the not ordering
h schedules, he thinks he is not crlminHl.
_ ly lords, the Charge of the Commons is jjc-
eral, that he knew the abuse, and took no care
I reform it ; if he had taken care that the ef*
i of thesuitoriahoutd have been transferred
flute ; if he had ajipoinled any one to
rerlook the transfer ; if he had taken any me-
1 at all to be asuured that the effects of the
ors were duly made oirer according^ to this
r of transfer, ihe Commons wynhl not hare
tged as they haved<me^ and perhajis he had
t this time appeared 6o nig-h your lord*
us' bar.
Hut if the impeached lord thinks he is jn6ti-
1 hy saviiJj^i it was nf>t his iluty, and there-
bre the omission no offence: the Commons
r, in their Article, that it is the dnty of the
Chancellor of Great Britain, to superintend the
lusters and their accout^ts ; an^l it is aubmit-
eel to yonr lordships, w^hether he h not crimt*
il, if he *nflers money deposited by the ordere
his Court in the hands of the Masters, to
e, without order, conveyed or \et\ m private
bunds.
I ^hnll say no more to your lordships on
hU Article, hut leave ihe proof of it to the
ridence.
Serj. Pengdl^, My lords, the proof in snp-
V ot these Articles, w ill go to ihem hoth pro>
iscuously. In the lirst place we Uegleate to
ew to yonr ]ordshi(i«>, the several orders of
which stale tbe deticieocies of aeferal
era. *
Mr. Rulpk Paxion sworn.
Seij. Pefigetiy. We dcaire he may be asked,
whether the papers he pnnluce.s, are true
eopiesi of the orders, examined by the books iu
the odice.
pGjim, My lords ^ they are true copies, I
O&oittied them ?
^L LoRiMi Com. Oeldo Cdrij^
^K Veneris 29 Die Januarii, 17 U 1-5,
H* Whereas, hy ao order made hy the ri^ht hoti.
^nhe late Lord Htf^h Chancellor of Great Dri-
^BlAin, the 17th day of Decfndier U&t, it was
^tffHier aP) ordereit, That the Bank notefi^ and
Other effects therein specified, produced before
Jllr. baron Gilbert, Mr. justiee Dentoij, and
fir. justice lUymood, fir Natht Gvoid, Mr*
the Bank of Eofrland, by ihe several Mamers
of this Court, upon the examination of their
accompts, lor, or tot^ards nnswrrin^ tbe ba-
lance of cash admttte^l by their said accompts,
to remain in their respective hands belong^ino^
to the suitors of this Court, shnuhlhe deposiie<l
in several chests, and that ihen the said chests
should be locked up and lelt in the custody of
the Bank of England, iu such manner as by
the said order is provided : and i^bereas, the
Masters hiid, in their several accompts, givea
in particulars of stock and of annuilUs, trans-
terahle in tlie books of the several comnaniet,
standing in their names, which belonged to the
several suitors of this Court, or as their own
proper stock annuities, by which part of the
balance of cash in their bands might be made
good, or secured. It was further ordered.
That they should each of them, forthwith, de*
liver into the respectiTe com[>unie9, a declara-
tion in writing, wherein such stock in each re-
spective company, or the annuities there trans-
ferable, as by* their respective accompLs ap-
peared to belong to the saitors of the Court,
and likewise the stock and nnnuitien by them
respeclivelv [»ropose<l towards making good, or
securing their halauec of cash, or so much
thereof as should eqiml the balance of theif
said aceompts ; in case they had in their names
more ihun sufficient for that purpo.se, should be
declared fo be upon trust to attend the orders of
this court : and it was further ordered. That the
said several Musters $tliou1d forthwith give to
the said Mr, baron Gilbert, their post accomptR
of their receipts and payments since the former
accompts j and by a subsequent order of tbe
91»t day of the said December, [t was ordered,
That the several and respective Masterj*, whose
dfects «<» ortlere'd to be se< Hired, diil not uuiuunt
to the vrhole bahince of ihe cash adiuitted by
their accompts, tu be in their hands should
forthwith secure the rest of the balance ^f the
cash appearitig to be due on their res peel ne ac-
counts, by deposiiing in like manner Bank
notes, or other effects to the amount theretif, or
enter into a recognizance in a ctitnpetent sutn
of money, with two or more sureties tv bf aj>-
profed «d by Mr. bHrau Gilbert, Mr justice
Denton, and Mr. justice Raymond, or any two
of them, for duly answering Ironi lime 10
time as this Court shouhl direct, f^urh sum
and sums as the rem»ming deficiencies
of their said res|»ertive balaaces amount
unto. And wheivas, Mr. Edward Con way,
one of the Masters of this Court, rlid» oil
the 19tb instant, attend the right hon. the
Lords Commissioners tor the custody of the
great seal of Great Britam, and acknowledge
that be was debtor to the suitors of the Court
on the balance of his cash accompt, the sum of
13,039/. 4s, 4f/4, and that he hud brought into
tlie chest the stum of 3,000/« only, so that he
remains debtor on the said casli balance, the
snm of 10,039/. 4i« 4\d, and that since making
Ihe #aid former orders, M hsd sold 3>6004
4
I
4
4
fX)3]
10 GEORGE I.
TrM of the Earl qfMaecktfidd,
[90*
South Sea stock, in the cause between the lord
and lady Faulcoubeix* which was intended a
security for the sum of 3,495/. and that he had
sioce paid off only the sum of 2,593/. 9i. 3d.
pursuant to the orders of this Court in that
cause, so tliat there remained the sum of
831/. lOf. 9d, in his hands, to be applied to the
parlies concerned in that cause ; and that he
had since sold S,000/. South Sea annuities stock»
]>art of the sum of 17,950/. South Sea annui-
ties stock, belonginff to the suitors of the Court
in seferal causes, which he ought to re-place.
Their lordshifis did thereu)»on order. That the
said Mr. Conway, should, in a week, deposit
the sum of 10,039/. 4$. Ad.i and also the said
sum of 831/. 105. 9^. belonging to the said
cause of Faulcoiiberg and Faulconberg in
Bank notes, or money in his chest at the Eank
•f Euf^land, and also should re-place the said
sum of 2,000/. South Sea annuity slock, or that
he sho«ild enter into a recognizance of 'i6,000L
villi two sufficient sureties, to be approved of
by one of the Lords Coromissioners for the cus-
tody of the great seal of Great Britain, for an-
swering the said sums, and replacing tlie saiil
!l,000/. South Sea annuity stock, in such
manner as this Court should direct: and
this Court being yesterday informed by
llr. Attorney General, on behalf of the
suitors of this Court, that the said Mr. Con-
way had not de|»osited either of the sums
aforesaid, or entered into a recognizance with
two sureties, as by the said order he was di-
rected : it was thereupon ordered that he shouM
on this day attend the Court, to shew cause
why he did not yield obedience to the said
order. And he now attending accordingly,
and admitting that he had not deposited either
of the sums aforesaid, nor replaced the said
S,000/. South Sea annuity stock, or given se
curity with two sureties, as by the said order is'
requited: and whereas he did formerly, upon
cxaiuiuution of his accouipts, pioduee to the
persons who ins|>ecteil ttie same, ISaok bills,
and notes, sufficient to make good the said sum
of 13,039/. 4s. 4'/.^ being the whole balance of
his cash accouipts, but had only deposited
3,000/. part thereof in pursuance of the said
order ; and it being several times demanded by
the Court, whether he did know or remember
the names of iho person or persons from whom
he lied the said Biink nutes, or auy of them,
or did know or remember the names of the
person or persons to whitm he had sioce
paiii or dtlivered them, or any of them,
he dtclioed givin^j: any direct answer to the
siiid quest iuu relatiii;: m his own proper know«
ledge and rcwmbiaiice ; but upon oath said,
it was im)MMMlt|t: fur bun to answer the same ;
whtreuptwi, and upou hearing of Mr. Att«)rney
General and Mr. St'Iicitor General on behalf
of the suitors; and wliui was further lUMSted
on, tbib Couit dotli declare, iliui the said Mr.
C(Miv>av is guilty of ver\ iii^U cuniempts, and
dotli tBeretore *do, fur hi^ saiil conienipts,
suud committed to the prison of liie Fleet ;
and ilua tor tuaking prof inian to th» cJtcpuUM
of his office, and that no pr^udice nay happen
to the suitors of the Court, by reason oi' the said
commitment, he do, in the custody of the war-
den this aftertu)on, deliver all his books and
papers belonging to his office, unto Mr. Hoi*
ford, one other of the Masters of thia Court,
who is to act therein as he the said Mr. Coo*
way onght to have done during his commit-
ment; and the clerk of Mr. Conway is to be at
liberty, if he thinks fit, to attend Mr. HoHM
therein, and Mr. Conway is at liberty friwi
time to tioM to make such proposals to the
Court, for making good his deticiency, as ht
shall think proper.
R. P. Examined 6tb of May, 17S0, Ij
Book of Entries, Cur* Canc> Letter &
Lords Com. Oaoo Cubic.
Mercnr* tcrtio Die Febr. Ann. R^pni Geoigi
Regis undt-ciino.
Whereas, by an order of the 29th of Jm.
last, for the reasons therein contained, it w«
ordered that Mr. Thomas Bennet, one of the
Masters of this Court, should then, sitting ii
the Court, give bis own recognizanoe to he
Uken by Mr. Holford, one other of the Maf •
ters of this Court in the penalty of lS,i50L
conditioned to answer and pay the svm of
9,076/. therein mentioned, in such manner u
this Court should direct ; and that upon bit »
doing, tlie time for his performing of an orto
oi the 12th of Jan. last, for depositing the tni
9,075/. or procuring two or more sureties, It
enter into a recognizance of the penalty afore-
said, as in the said onier is mentioned, sboaM
be enlarged till this day : and if he should
procure such sureties to enter into such reesj^
nizauce, he was tirst to give the names oflbe
intended sureties to Mr. Paxton (solicitor oobe«
half of the suitors of this Court), to the cb4
he might enquire after their abilities ; and dio
said Mr. Tlminas Bennet was this day to at-
tend the right honourable the lords con-
missioners, tor the curito<iy of the great seal of
Great Britain, when such' farther onler shooM
be made as should be just. And the said Mr.
Thomas Bennet this day attentling their lord-
ships, in the presence of Mr. Attorney Gcr
neral, and Mr. Solicitor General, on behalf ot
the suitors of the Court ; and the said Mr.
Thomas Bennet, now delivering into Court a
particular of several estates which he pnipoied
to assign and convey as the Court shall diitctf
in trust for the suitors of the Court, and ssb-
mitting to be examined upon interrogatoriefi
for discovery of all other estate he has, both
real and personal, and that the same shall be
also assigned and conveyed to tlie same tniit:
their lordships do theretore order, that tuc tias
tor the said .Mr. Thoiniis Beonet's giving hii
recognisance with two or mure Rmrncsin ths
|ieualty aloreaaid, be enurifod until Wedael*
day next, at which time the said Mr. ThonH
Beanet is lo stiend in Court, when s«cb fwnkm
lUlbftjiisu. Bmm
&&n lime, he is to a^ig^n an<1 convey the
reral estates by htoi now piopr^ed, uoto the
iti Mr. Hulforii, m he« the said Mr. Hoirnrd,
bull ^tfiprore ami direct j and is also wifhin
^ lime tu produce und leuve with the Miid
"Ifdford, all deeds aud vvriting^ irt liis own
relating thereto ^ and so far aa he i»
• to {trocui-e the mortgagee and annuitant, to
liioe and Uave with the said Mr. Holford,
•everal deeds ami writingH in their respec-
Imnilii relatint; to the said persons. And
|ie satd Mr, Thomas Ben net is aUo, vrithm
be same tinae to be examined upon interroga-
I before the «aid Mr. Holfcird, for discovery
ill other, his real and personal csUkles^ and
to asBign and convey I be same to tht^
^Wr. Hohord, aa he shall approve and
And IV hat estates shall be by him, the
Mr. Thotnas Bennet, so assigned and con-
eyed to the said Mr Ilolfiird, as aforesaid^
lie same are to be upon trust fur the suitors
^f the Court, as the Court shall direct ', and
said Mr. Paxton ts forth ivith to prepare
lay interrogatories before the said Mr.
lolford for the par pose aforesaid.
. P. JBxamiuetl 6th of May, 1725 ; by Book
of Entry, Cur* Cane* Letter B,
OitDo CvKim*
Bliirlis Dec! mo Nono Die, Jnniian^ 1724.
Whertras, by an order made by the right
Ifififiurahle the Lord Bigh i banceJior of Great
aiu, the 17ih day of December last, it tva^
other things) ordered, that iUe Bank
^l«K aod other elf'ecU therein specitied, pro-
luoed before Mr. baron Gilbert, Mr. justief
^ nton, and ftlr. justice liaymoutl, sir Na-
Oouli^ Mr. TliomjKon, and Mr,
^er, tliree of the directors, and one of them
iy governor of the Bank of England, by
•tveni Mastefs of this C^iirt, upon the
ninalloti of their accounts, for, or towards
vering the balance of cash admitted hj
rcaid accompls to remain in their respec-
tiBods hclunging to the suitors of this
t, irhoiitd be deposited in several che^t!?,
irid that tlun the surd chests should be locket}
, and left iu the custoiiy of the Bank of
»)and, in Fuch manner as by thp »aid order
novided. And it was further ordered, that
isdid several Masters should forthwith give
llo the said Mr. haron Gilbert, post accompts of
I their receipts and paymeotg since their furmer
lioi^oinpts. And by a subsequent order of the
Ijilslday of the said Decendier, it \%as ordered,
■that the several and respective Masters of this
I Court, ivhose effects, so ordered to lie secured,
I did nut amount to the w^ale balance of the
jeftsh admHted by their accouiplato be in their
I haadSf should forthwith secure the rest of the
(littkiitcieof llie caith appearing to be due on their
life »«cotnpts, by flepositing in like
«V Bank nmes, or other effect *, to the
I thereof, or enter into a recognizance in
b oostpeliftl «aai «f mooiyi with two or more
sureties, lo be approved by Mr, baron Gilbert*
Mr. ju«tic« Denton, and Mr, justice Raymond,
or any two of them, lor duly answering froon
time to tiro*-, as this Court should direct, such
sum aud sums, as the remaining deirciaicies
of their said respective balances amount unto.
And !Vtr. Edward Conway, one of tlie Marten
of this Court, this day attending the lordi
commissioners for the custody of the f^rf^
seal of Great Britain, and acknowledging
that he was debtor to the suitors of the
Court on the balance of his cash account.
In the $um of 15,039/. 4s. A^d. ; and that
he bad brought into the chest the sum of
3,000/. only, to that he re main ;» debtor on the
said cash balance, the sum of 10,039/. 4s. 4\d. ;
and that since the making ttie said former
orders, he has sold 3,500/. 8outh-8ea slock, in
the cause between the lord and lady Faulcon*
berg, which was intended a security for the
snm of 3,425/*; and that he haih since paid
o^ only the sum of 9,593/. 9** Zd, pursuant
to the orders of this Court in ttiat caune;
so that there remaios the sum of 831/. 10^«
9^. in bis hunds, to be ap[dif^d to tht^ par-
lies concernirfl in that cause ; and that be baa
since sold 2,000/. Stuith 8««a annuity stocky
part of the sum of 17,950/. 8outh-Sea annuity
stock, belonging to the suitors of the Court la
several causes, which he ou^^ht to replace;
tlreir lordships do thereupon order, that the said
Master Conway, do, in a wt'ck, deposit the
said sum of 10,039/. 4s. -1^*/. and also the
said S"ni of 831 L 10*. 9J, belonging to the
said cause of Faiilcoiiberg and Fuukooberg, in
Bank notes or money in his che^t at the Bank
of England ; and also do replace the said sum
of 2,000/, JSouth Sea annuity stoc k ; or that b«
do enter into a recognisance of 26,000/. with
two sufficient son-tit^, to be approved of by
one of the lord.^ commis^oners (or the custody
of tue great seal of Great Britain, fur an-
swering the Kaid sum;?, und repUicing the said
S.OOO/. South-Sea annn^ty stock, in Bucli
manner aa this Court sIihII di ect.
Tho. Parniix, Dep. Reg,
R. P. Examined 6ib of May, 1725, viritli
Book of Entries, Cur^ Cane' Letter B.
Ohpo Cuai^.
Mercurii Viccsimo Die Jaouarit, 1724*
Whereas, by an order made by the Tight
honourable the laic Lord Chauuellor of Great
Brituin, the 17(h day of December last, it vran
{umong other thing?:) onleie*!. That the Bank
notes, and other ifftcis therein specified, pro-
duced before IV I r. baron Gilbert, Mr. justice
Deuton, and Mr. justice Rayinond; and si^
Natluinael Gould, Mr. Thompson, and MK
Hanger, three ol ihe directors, aud one ot theni
deputy goiernor of the Bank of Foj^land, by
the sevcr^il Masters* of tlit!» Court, opun ibe exa-
mination of their accouutji, tor, or towards an-
swering Ihe balance of ia.>h aJniitted by their
saiii aocotinlA to iwmain in their respective handn
907]
la GEORGE I.
Trial of the Earl of MaccksfidJ^
[d08
beloii^nifto the suitors of this Court, should be
deposited in several chests, and that then the
iaid chests should be locked up and left in the
custody of the Bank of Eng^land, in such
manner, as by the said order is provided. And
it was further ordered, That the said several
Masters should forthwith f^ve to the said Mr.
baron Gilbert )K)8t occounls of their receipts
and payments since their former accounts.
And b^ a subsequent order of the 31st day of
the said December, It was ordered, That the
several anil respective Masters of this Court,
whose effects so ordered to be secured, did
not amount to the whole balance of the cash
admitted in their accounts to be in their hands,
thould forthwith secure therestof tlie balance
of cash appearing to be due on their respective
accounts, by depositing^, in like manner. Bank
notes, or other effects, to the amount thereof,
or enter into a recognizance in a competent
■nm of money, with two or more sureties, to
be approved by Mr. baron Gilbert, Mr. justice
Denton, and Mr. justice Raymond, or any two
of them : for duly answenng, from time to
time, as this Court should direct ; such sum
and sums as the remaining deficiencies of their
said respective balances amounted unto ; and
Hr. Kynaston, one of the Masters of this
Court, being this day present before the right
hon. sir Jeifery Gilbert, knt. one of the lords
commissioners for/the custody of the great seal
of Great Britain, and being examined touching
the money and effects for which he was an-
swerable to the suitors of the Court, did admit,
that the sum of 31,954/. 155. and a farthing,
was the cash-bslance in his hands, due to the
suitors ; and that he had depositeil in his chest
at the Bank, the sum of 4,68<3/. Is. 9d, in
pursuance of the order of the 17 th of De-
cemlier aforesaid ; and that he had declared a
trust of 300/. Suulh-Sea stock for the suitors,
whicli at the present valuation is 360/. ; so
that there remains the sum of S6,908/. tU.
d^dL deficient and unsecured to the suitors
of the Court ; and proposed towards satisfac-
tion thereof, to assign over a debt of 30,850/.
owing to him from I\Ir. Delahaye, in such
inanner as should be thought proper for the
benefit of the suitors: but alleged that he was
not to be char^ with the sum of 7,575/.
mentioned in his accounts to be part of the
aforesaid 26,908/. 1 Is. S{d. Whereuoon their
lordships considering what was allegecl by him,
were of opinion, that he was answerable to the
suitors of the Court for the said sum of
7,575/. and do therefore order, That the said
Mr. Kvnaston do, in a week, deposit the said
sum of S6,908/. 1 Is. S^d, in money or Bank
notes, in his chest at the Bank of Eng-
land, or enter into a recognizance in the pe-
lialty of 53,817/. with two or more sureties,
to l>e approved of by one of the lords com-
missioners for the custody of the great seal of
Great Britain, to answor and pay the said
sum of 26,908/. lis. ^d. in such manner ss
this Court shall direct.
Thq. Pauwx, Dep. R^.
R. P. Examined the6tb of May, 1785, by ths
Book of Entries. Cor' Cane' Letter B.
SoL Gen. The Managers for the Houae sT
Commons lay before yonr tordsbtpa tbeM
orders, to shew, that the several Mssten
1 herein -mentraned were deficient. It will ha
incumbent on the noble lord to shew, tbst,
when they were admitted, thej were of aUky
proper for such a trust. We now proeMi
upon the declaration that was made on the 9UI
of January last was twelve- month, and dcM
that Mr. Waller may be called. '
Mr. If a//er sworn.
Sol, Gen. My lords, we desire he ntfk
asked, whether he applied to my Lord Cl»
cellor upon an order made by iis booovii
Master of the Rolls, relating to Mr. Consif ;
and what it was my Lord Chanodlor niia
that occasion P
Waller. In July 1723, I had dineliM
from my client to ajpply to Mr. Cooway, Ithr
out upon the South Sea annnities thesaaJi
4,000/. that had been brought birforebniia
cause between Mr. Devenant and 'wr \K^
Cardigan. The Master told me at IM, k
would take care of it. Upon further appKei-
tion, he said, the order had directed aosAff
sum of money should be brought before kill
in the same cause, and that be could not potiil
the one without the other. Upon this, f n-
plied by fietition to the Master of the Bm,
praying, that Mr. Conway might beoUigidli
put out the money, and that he might aaam
mterest for it after he hid had it a rganiiMp
time in his hands. Upon that, the Mastsr if
the Rolls directed he should lay out the mh
ney immediately.
Serj. Frobjfn. I beg yonr lordships parta
for interrupting this witness. In the maostf
he is going on„ your lordships observe, be M
taking notice of orders, petitions, acti of iki
Court, and this he gives ujion liis Awmiry*
We think these ought to be produced.
SoL Gen. If they are desirous to eniettsi
your lordships witli them, we have tbem iB
here. We only make use of them to let is Ai
declaration of tne noble lord.
£. of Macclesfield. If that he all the Mb
there is no need to produce these orders: Bit
if they are to introduce evidence with rebtiis
to the merits of the cause, it is proper to bsfi
them pniduced.
Sol. Gen. We don't dispute the jastios rf
the order then made, but ask the occasioo of JIS
and all we desire is, what was dedaitd, ui
what was the occasion of the declaration.
Serj. Pengelly, The Managers don't colli
into the consideration whether die order if
just or no. All they represent to your laid*
ships, is the occasion of this dedartliMi
Whether a man acts justly that detains nioBcyi
and does not pay it out when he ought to doiW
that we leave to another detsminstioa. M
what we ask now, is the dedwalion of thtiVl
of Itoootoaftchli md Iha nrrwinn of iL
f(kf High Cfimti and MisJanganors,
r«llfr. U|Km tlio {)e1iiion to tlie Mjis-
fof Ibc R»lb, lie niatie an onler to put the
ty out, aud thai the Mastrr sliouhi fmy f^fne
On this he applied to tiiy Loh) Chao-
t diiu^han^e this order. My lord, upon
asioii, laid, The Muster was noi to
%Dd tbul the then blasters wer<; a &et of
en of as grc»t prolirty, ability, and tor-
os evftr Dad bteii bdbre ; and that bii
»hip bud had the inttsliiLHion of baving uul
»t 111 them hitnself. 1 cannot savi that
were tht f iry words, hut it was' to this
Gen, Whcn^ at fi-bat lime was this f
U4r, This declaraiioQ vras made the
jarmary* 17 '2 3.
WItcfe waa it?
In court, at my lord^s house in
^a-inn-ftc-lds^ wliere he usually sat.
rOcw, \\n& tbcrb at that time any va*
ley of any iVI aster's office ; and bow tong
1 tnAl vacancy liiippcn before ?
Vailer, ftli-. rtlluues died either tlie day
' V hut one hefure.
lif ^ there any obsorrations made
1 L;.. .;- — iy pefsoo in court that took no-
>4if what uas saul ?
rfl//fr. One 11 r I he counsel took notice of
Miy tal , and aaid^ he lielieved it
uU be in 1 i I .1 dam j^azctte iu a short
he, or to tbut pur(Hri«e. My XdOrd Chmoeel-
[atked Mbobe lAas '
. of MncclcxfielU, I desire be may tell yonr
Uiiis, >* hen npplieatioD wu!< roade to me by
|6omp!aiQt of it, what it waa I taid at
t * *t rememlief.
id. pray, re^iollect yourself,
<»L ^uy a waartgnt, and they had a
lit to take notes there.
lifr^ I 'to'ri remember that you did.
bf *fd. Did I make tio answer ?
. ^ I remember,
trtii^^n. I desire be may be asked,
er be kept any uotes or metnoraoduma
"iPOnJs tlial were tlieu said ?
No* my lords.
Pruhyn, flow iloea be tlien come to re-
liber tlic very words ?
V&iifT. 8tnce ray lord Macile»(ield*s coun-
LirUl have it« 1 fnuRt ac-qnaiot your lordshipfi,
uek roc with ho much astonishment
taitcb a declaration made on the IMn?^
r r ppimlt' Hiouglil liiey did not
' <tt I could ntit but remember
"•'^>*ed it eter sinw.
have several other per-
l;. j l at tht9 time, when this
on wun mi«de ; but we apprehend it
public, so notorious, and hn^ hern .>o
J |profe4 by a person prefient^ that it
rmtaecemtry to call farther evideutui
Qin^ We be^ leare to trouble yonr
FilaliifM a-b I > > f, to ascertain
j/cath t J bavQ one of
¥% FiibHit«> ^uvuui» btie.
£d»ord An^t swom.
Sol, Ofn. We desire he may be askedi wbe*^
titer be waa a serf ant to Mr. I^ellowes f
Angt, I was a clerk in Mr. Fellowes's of-J
6ee at the time of bis death, and many years
before,
Sol, Gen, When did be die^ what day f
Angr. Upon the H*lh of January. 1723.
Sol. Grn, It was the Slst that tlie declara-
tion was made, so that it seemi that it was ne«
ccfisary ; and such a declaration was wanting
at that time to keep up the price of the office*
Mr. LigMoun called.
SoL Gen, We desire Mr. Li^htboun ma^
he asked, whether he tfave any intimation to
the eiu'l of Marcles5eld, thattl»e circuni(»tancei^
ol some uf the Ma<ners were f$u«piciou8| before
the '21sl of Jjinuary was twelvemonth.
ftlr. Lutnyche. i desire Mr. Li^htboiin would
give yuur lordships an account what di^^couri
he had concerntn^ the Masters with the earl <
Mftccles field,
Li^htlnjun. I can*t say I acquainted hioi^
with my suspecting' any of the Masters by
name being* deficient ; but 1 lold htm iu con*
versarion^ that qs a deficiency had happened ig
Mr. Dormer's office, ihe like accident tiiig
happen in others ; and that it mi«^ht be prop
for his tonlshin to take some measures to pn
veot the like (or the future, if jmssible.
Mr. Lulvrychu In the year 172:J, whetbe
bad you any discourse with roy Lord Chance!-
|iir relating to the circunistancts td' any ol' tht
Masters, or about any proposals of security
be ifif eu by them ?
Lighihvtin, In the year iT23, 1 bad son
conversation with my lord upon tbatsuhjet:
and it was u[>oo the occasion of my lord')
sending for me to know why 1 had uot cuutal
plied with a proposal of theMastem, to pay
600/. towards making good IVIr. Dormer's de
ficiency. 1 askeil, whether it w^ his lord
psbip^s proposal, or whether it was a prO|M
from some of the Masters. My lord said, I
was mentioned by the Masters, and he approv
of it \ and as the rest had complied, he bop
1 would.
Sol, Gen, Yon need not now give a partica
lar account of this ; this will be proper on i
ther occasion ; that 1 desire to auk you now i
only in ireneral, whether before tlie 2l8t
JutiuarVf 17*^t yu^ had any conversation wit!
my hir^ about ttie deficieucy of t[»e Ma
and that there was reason to «u«pect a \
ciency in some of the Masters?
Lifhtboun, 1 did not mention any partjcuh
rierson, but only that an accident had latetj
m|)|ie}icd, and as it bad happened, it miglil
bnppen itgain ; but I was far from mentioniu^
any Master by name; for I might tbereb|
have miide uiYs^^'lf luiUe to an action*
Sol. Gen, tie doti^t desire lo nak htm wh
ther be mentioned any particular iH luster, j
onVy in general whether be did not say hii I
groiindH to suspect sone of ibem f Tbe «|ti
tiou ii in gun trait
911] 10 GEORGE I.
Com. Serj, The question was first asked in
general ; but tlie answer not coming out to
their satisraction, they now apply it to a parti-
cular fact, to which uie answer required is only
Yea and No. This we apprehend not to be
altogether so regular ; we therefore desire the
question may be asked in other terms.
Sol. Gtn. My lords, 1 will ask the question
in general, whether he gave any intimation in
Seneral, that there might be a suspicion of the
lasters?
Li^htboun, I did in general arqnaint my lord,
as this accident had happened, I did not know
bow soon it might happen again. The year
1780 had made sreat ha?ock, and 1 did not
know what effect it might have had amopgU us.
Seij. Fengeliy. I desire Mr. Lightboun may
lie asked, whether he can recoiled that he had
any discourse with my lord Macclettfield to
that effect at any other time before January
17SS?
Ughtboun. My lords, I can't confine myself
to a particular time. I have had the honour of
many conversations with my lord Macclesfield
4MI this subject, and what passed at one parti-
cular time more than another, 1 can't remeiii*
ber. 1 have often bad the honour to hear his
lordship mentioning the methods which he
thought of to prevent it, and to propose such
methods as 1 thought of ; but I can't tell all
the particular times.
Serj. Fengelfy. I desire he may be asked,
whether, from the conversation which passed
between the earl of Macdesfitdd and himself,
It appeared to him« that the Earl had any sus-
picion of a want of substance in the Masters ?
TAghtkoun, My lord, when I mentioned it,
seemed unwilling to think so. He said he
hoped not ; he hoped there wiis no manner of
danger, they were all recommended to him
tor men of fortunes, or to that effect. Lat-
terly, this last year, when my lord was talking
of this matter, he seemed to think there was
a necessity that there should be an en-
quiry into this affair : and when the Masters
were ordered to bring in their own accounts, 1
remember 1 told my lord 1 questioned if they
were able to do it. My lord said he hoped it,
and wisheil it.
£. of Abingdon. If Mr. Li&rhtboun be left
to his own discretion, to relate without inter-
ruption whatever he can recollect that passed
between him and lord Macclesfield before Jan.
1723, when this declaration was made in Court,
it may give your lordships a fuller light and
satisfaction.
Lightboun, I don't remember to have had
any particular conversation about the abilities
of the Musters, farther than I have mentitmed
to your lordships. 1 have told you that I did
give some hints in a doubitul manner, that I
was dissatistied ; but it would very ill have be-
come me to have mentioned particular people
whom 1 was douottul of.
8erj. Pcngeiiy, My lunls, we proceed now to
examine some witnesses ufion the Article re-
loting to the Masten comiiig in, and ia what
Trial of the Earl ofMacck^kUt
[9If
manner the money was pakl upoa tWr ad-
mission, either on a sarreMder, or death of a
former Master ; and out of what find that
money was paid. We beg leate te cell Mr.
Kynaston.
Mr. Kunaston called.
8erj. PtngtUy, We beg leave be nay bt
asked, in relation to his treaty wicb Mr. Rogm,
when he came into his office ; and ia wint
manner the money paid for the office ms
raised ?
Kynaston, It was in May, 1731.
Cum. Serj, Before Mr. Kynaston answusH
this, we hope the Managers shall intinsale V
your lordships, that they have evklence t»»
plv this to the lord who now stands aocwM;
otherwise a bare discoune between Mr. 1^
gers and Mr. Kynaston cannot uikct the «i
of Macclesfield.
Mr.Lutwyche, I apprehend this intemfi
tion is very unnecessary: It is the first putrf
the Article we are going to prove, that it wnt
practice among the Masters in ChaoeerT,ii
pa^ the money for their nlacea oat or ibi
suitors' money ; and that Uiougli the Chn«
oellor had irood reason to suspect or know tUi,
yet he applied no remedy or redress, but ht il
go on for his own benefit: Therelbie vi
must begin with the first part of the ArtidBi
They are not to examine and ask the Ma-
nagers, whether they have any proof of ibi
latter part of the Article P We are beginiM
with the first part of the Article, and th«i M
bring it home to the noble lord.
Sol. Gen* We shall prove the wboK tkit
there was such a practice, and that it ism*
sonable to think the noble lord knew it, ff
had reason to suspect it, and did not prevail
it. We must first begin with the praetKe.
Seij. Pengefly. My lords, we desire heiM
give your lordb(iii>s an account of the metbsM
taken at the time he came into the office, <f
selling and paving tor those offices, and is
what manner the agreement lor his office wtf
transacted ?
KynaUon. My lords, 1 treated with Hr.
Rollers for the sale of his place in May, 1781*
1 did understand then, and had heard before,
that the method was, that they retained v
mnch of the money belongin;; to the office for
their places, and that such had been the pru*
tice. 1 did at;rre with him, and entered iili
Articles to pay him 6,000/. for his place. I
went for some time into the country, aud whci
I was there, lie wi om to me, a^id I'lld me lb>l
he dosignetl to rcsii^n the place an the 9lb ^
August. I did come up to town, and no the
9lh of Auiriist I gave him a bond fur 6*W0L
Then 1 went with him to my l')rd Maccltf»fieUi
aud was swoin in M..ster. There wasi |pe-
neral order lor him to d«fh«er over the eftcH
and ftecurities to me ; alter this he ddireredif .
the bond \ihich 1 hud *ri\vn him, and rrtsisc'
so much money belonging to the suitors til^,
Court as amounted to 6,000/. He ^ "
9/. and delivered me up my bendy and l|^#*
him a veceif t for 6|009(i
I fm High Critnet and Misttenttanort.
1725.
[014
I desire to know vthui vros
illisi^ioii f
1,500 fi:uine.n9 w^ere paid to Mr.
Mr. Baily.
Ely. How ifM ft repaid P
1(1 Febrnary afterMrards^ I atoted
the person that wam my eaah-
my money, ia relalloo to the
and pttid, atid he charged me
iL and (leilucted it out of Uie mo*
Hon which be hnd receivinl.
)flv, I desire he may be aiked,
|in« whnt sum of mooey came to
i Mr. Rogers?
lomdliinff above «0,000?.
|(/y. f desire he may be astked^
I these efiecta wt-re by the order
tered from Mr. Uo^er» to htm,
r peraon present on behalf of my
*ld to see them delivered over ?
W/y. Was there any account
|dm af\erward8, either by my Lor«l
pis agent, of the quaotum of the
I don't remember there ercr was.
iU/, 1 beg teave to Ai>k, whether
m had money enough of his own
|ogers6»000/. for hm place, and
I to my h»rd Maccletifield lor his
ITet* I believe 1 had more money
lit it waa out upon security } 1
iffy. What waa his indiiceiDeat to
pr, 1 would ask it in other words,
I easiness of hts paving for his
I ooe tJiiog that induced him to
Yes^ 1 beliere it was one induce-
I parchase tlie pluce,
fukUnd. I beg leave to ask ano*
ft Mr, Ky nation sa^t, he had
^ his own at that time ; hiit I de-
fhether he could have paid 7,575/.
ft t"^ bis offices unlesa he had paid
litors* money T
[Ko, I could not have paid tlie
p. If the gentlemen have done» I
F be asked, what money he had of
pt time, either in cash, or m bis
i^ or in security f
really cannot t«>^ll, I believe 1
2 and 3,ot)0/.
How much can you lake upon
had?
Ily I eannol tell.
Speak to the nearest you can.
bditve I had about ^,000/. vrry
tnooey mm\ ffl'eGls,
Wl)iit oUier Mlate had you f
<iate settled upon me at
W> rjtii'-r Ifiltatf'.
. I dcaiiiB yott tojfivt an ac>
county whether you bad any other peraoud
estate ?
Kyna$t0n, No, I do not remember t had, eai*
cept you reckon timber such.
Com, Sef^. I desire, my lords he may be
asked, what the annual value of his real estate,
was ?
Hei'j. Ptngttltf. I submit, whether he b%
obliged to tell his whole circumstances?
Kynatton, I am very willing to tell, it iva^
about 400^. a year,
Cmn. Sery, Whether he had not his estate
without impeachment of waste f
Kynaatnn. Ves.
8eij. Prolryfi, Of what value might tht
tindierbe.^
Kynation. I was once bid 2,500/. for it^ but
now iltey know I have an occasion to sell, they, I
will not ^f e me so much.
Serj. Pengelly. I beg leave he may he asked^
whether at that time his father was living ?
Kf/nniton. Yea, he was at tlie time of mj,]
purchasing the place*
Serj, Fengdhf, As the cash was abov^ |
SOiOOO/. of wiiat value were the securities ?
K^ nation. Really I cannot tell, I have givei^ I
in an account of the e Beets*
Serj . Pengetly, About w bat sum P
Kyna*ton. 1 have gireu it in tay account^ {
what it was. I
i^rj. FengeU^, To what sum ^oth the wbolf i
both in cash aoil securities amount I ]
Kynaston, I believe under 50,000f. ahoutl |
46,000/,
Ser). Pengelly. The securities as well as thf j
cash F
Kynaiton. I mean the aecuritiet and ib^
cash together.
Serj. Fenfieily, Upon this evidence, we sub*
mil it to your lords hips, Whether the timbe^ j
opon hiH eMtate waa a proper security tow]
50^000/. to be put into his hands.
£. of Mttccletfield, He now represents hlfl
estate to be 400/. a year. How was it rc« f
putedf
Kynaiion, I believe about 600/, per annum«
Mr, Plummer, I desire tosiik him, W briber i
he had felle<l «very stick of lifnWr on his e^tiite| j
that and his personal estate would have fmiq |
what he waa to give for his MasiterV place t
Ky nation. No, it would not.
Htffj, Ptngcliy. My ]i»rds wemakeuiec
thia as a proof of the former Article,
Mr. Thomat BennH called.
Sen. Pengetly. My lonis, we desire he mnjt |
lie ttskeil in what manner the trannter of hit
olfit e wsK trttUHArtml, ainl how the money wai
paid lor hi« Master's place?
jfViiJ, Bennri, My i«*rds, when I treat e*l witli
Mr, Hii'isockn nbout the* BurTrnd<*rof hi« ntficej
one of the (imt things he toUl me wa**, tliHi
neeil rai^te n** money U* come itito chi^ ofHi'tJ
for whateter tiiofiey we agrred lor» ahouUl I
deduet4Hl out of the money to Ir* pa»d o*er i
me, winch I und»*r*tood to be the muofy be"
longing to the auiioti of the Court.
015]
10 GEORGE I.
Trial of the Earl of Macekxfield,
[910
Heiy Pengelly. What was doDcio pursuance
of this?
Tho. Bennet. This encouraged roe to gfo on
and proceed, in order to come into this office ;
J supposed this to be the practice, else I had not
gone in.
Herj. PengtVtf. Whether was that generally
reputed to be the practice ?
Tho, Bennet, I own I tbouj^ht so. I was a
younger brother, and had not money enough
of my own to come into that office.
Serj. FengeUif, We beg leave that he may
infurm your lorclships how much he was to pay,
and how it was raised and {mid ?
Tho. Bennet, The sum I agreed to pay Mr.
Hiccocks was 1,500/. and the sum to my
Lord Chancellor was 1,500 guineas, which is
S,075/.
Serj. Pengelly, We hope that he shall in-
tbrm your lordsliiiw bow it was raised and paid.
Tho, Bennet, As to the 1,500 guineas, I ac-
miainted your lordships I borrowed it of my
brother, and the next da3r returned it him again
out of the money I receivetl of Mr. Hiccocks.
As soon as 1 was admitted, I went to Mr. Hic-
cocks, and demanded of him the suitors^ effects.
He paiii me 1,500/. and told me I must give a
receipt for 9,000/. 1 told him, it was hard to
have no more money paid me, when he told me
there was much more cash in the office, and
that I bad given my lord Macclesfield more
than he bad offered to pay me : he said he
should pay me more aflerwards, but be insisted
on my taking this now, so I took the 1,500/.
and gave him a receipt for 9,000/.
8erj. Pengelly, I desire he may be asked,
whether upon any occasion he had any dis-
course with the earl of Macclesfield relating to
the method of his coming in, or about the re-
payment of the 1,500 guineas he paid him ?
Tho, Bennet. In order to give an account of
this, I must acquaint your lordships of the oc-
casion of my waiting on his lordship. Mr.
Holford told me that my Lord Chancellor had
sent to him, and desired that he and my bro-
ther, John Bennet, would endeavour to accoro-
roodate matters between Mr. Hiccocks and my-
lelf, on occasion of the deficiency of my ac-
counts. Mr. Holford said he did not care to
CO ; but my brother did go to Mr. Hiccocks.
He would (fo nothing, no accoinniodation could
be made ; but my brother Uild me that my
Lord Chancellor would pay back to ine the
1,500 guineas which he had received, so the
matter with Mr. Hiccocks might be accommo-
dated.
St-rj. Pengelly, When was this?
'J ho, Bennt't, It was about the time of cor
^iviiinr ill our accompts.
Seij. Pingclly. Was it before Christmas, or
after ?
T/m. Bennet. ft was before Christmas last,
in Oeceml>er; I think about the 7th of De-
cember. Upon that I asked my brother, whe-
ther I might depend upon it, that my Lord
Chancellor would pay back the 1,500 guineas?
Aiul he said, Yeg, ht bad it from his lordabip ;
and he did assure me I might depeod apon it ;
but he said nothing could be done whh Mr.
Hiccocks. Then 1 deiired them toacqoaiol
my lord with it ; they both declined it, and
desired I would go myself upoo tbit occaiioo,
I went, and I told my lord, I was come to wait
upon his lordship to ihank him for the kind of-
fer he had niaile to my brother, of retuninf tho
1,500 guineas, and 1 wiuhed the same coulilbo
said of Mr. Hiccocks, and I could prerail wiik
bim ; but nothing could be done : I camoto
return his lordship thanks ; and I thought I
should have received the money then. Mr
lord asked me to sit down, and then told nev
he had known I had been to give so grcili
sum of money for the office, he would not hm
admitted me. I told him 1 did give so giil
a sum, but immediately, as sood as 1 was li-
mitted, 1 ensured my life'to the value of 8,OO0L
which cost me 400/. so that if 1 bad died, m
harm would have come to the saitors. My
lord said, it was very honoara|>ly dooe. 8hb
afler that he said, he was very sorry tosesthi
items that were put into my accompt and Mr.
Kynaston's, in relation to sums in the baodnf
an honourable person : for, says he, that InA
discovered the method of purchasing tten
offices, that the money is deducted out of tht
suitors' money, which, said he, 1 have a'
taken pains to deny, whenever I have
asked the question.
Seri. Fengelly. We beg leave now to «k
him, how much the whole of the cash, asl
securities transferred from Mr. Hiccocfci li
him, amounted to?
T/io. Bennet. 1 believe near 100,000/L
Serj. Pcngeily. I apprehend he said bdoR^
he was a younger brother, and bad bnt liliit
fortune of his own ; 1 desire he may be askfd^
whether »ny care was taken by my lord Mae-
clesfield an to the transfierring the effects of Ik
suitors in Mr. Hiccocks's hands over to bin ?
and whether any person was emulo\ed by if
lord to see the effects transferred over ?
Tho, Bennet. No.
Set}. Pengefly, Whether th<se was any sllNr
security for this great sum of money deposili'
in his llanils, besiiles what was made by toil in*
surance on his life?
Tho. Bennet. \o, my lords, I know of M
other security. That was a voluntary acttf
my own, and I paid for it.
Mr. Lutwyche. My lords, Mr. Bennet nj^
he had some reason to hope that the 1,500
guineas would lie given him back again ; 1 ^
sire he may be asked, whether there was flOf
subsequent overture about paying the 1,500
guineas back a(>ain ?
Tho. Bennet. My Lord Chancellor diii
me at that time, and told me, I should not
by what means, or by what methods 1 1
receive the money, or by whose hands ; W
his lordship would take care that one way *
other I should receive it: he wooid ast^
bow, because I might be called npon Is**
swer what discourse passed baiireea Hi ta^
ship and me in another plaoe.
for High Crimn and Misdemeanors.
Was lb ere Any iliin^ dauc
017]
JRr. Lutmifche.
Ppon itial f
J'f. Hearing tiolliing" from my
Jxirii «r for a JorinightHfltr, l weut lo
[I . ar^, Mr. ULyou^ »i)i| toM him Uiat 1
[1 Mich exprc^siitcis in my oecompl, thai
? nione^ wa» ao4 uiodticecl, it uoultl obli&jfe
I to name my LonI Chancellor ; auil I ile-
1 hi(Ti to acquaint my h>rd th^it ( couht not
this money ^ onii that I iiuist discover it in
day or iho» This ^us SurMlay night: the
tute hi^hi Mr. DiXon itHurn^d from my lordt
1 lohi iiu-*, that if Mr. Hulhird would fie pre-
I the next roornini: at the imyroent of the
py at Mr, Kyiiasion*« chamuers, that Mr.
fttoti anil rijystit' bUouUI remve it. We
i lUe next (hiy. Mr, Dixon CAme, but
I money ; said my lord ex^^ecteil some
ition. We said, as to an rndeniDifi-
I vte cnutd give none. He said he would
r ft* my lord, 1 was in hojiet he would have
'Ite money ; but when he came hack,
. was an ftuliday, ond no moui^y could
, and desired we wuuld go to the jud^en,
wr*; two ur ihree days time to produce
poney. 1 ttdd him we could not do it,
I very nij^ht the report wii« to lie laid
ire the kmij and cnuncil. He then returned
in to my Lord ChuiRvthir^ as he told us,
when he came hack, he said my Lord
^'hancellor was gone out. Upon that we |fave
.my Lord Chajicetior^a name tu tlie
•p and the y^ntfemen of the Bank, and
*il in to the counnilf as I am informed,
Ir, Lutuychc, My h»rda, wedesirehe may
swcr this (jue»tifju, whether it was eirphined
i that indemniticMiion was, which waaex^
■etefl, :uid in what manner it was to he ?
Tin/* Beunet. MylordS|Mr. Dixoa explained
lihuv
of Macclesfitld, I hope whatever Mr,
Eon said. Khali not aflect me; but that they
iluce bim: he ts able to speak far
-he. Then I only desire he may
It officer Mr. Dijfon was Qudcr
I liccllorf
f^ r f, Mr. Dixon wos my tord*s
.cr«t>ry
Mr Lutti'yche, Whether at that lime that
t>u had ihe ditcoume with my lord Mucclea-
di), )ou nicDttoned or said any thin|^ of Mr.
n'ik havini^ comcio you in my lord Mac-
cslicMS name?
Tnp- Brnitefr No, my lortlsp that wai before
ir* 1><X'J' ' lo mt,
Mr, X 'id you take notice at any
I jiaccteofitld of Mr. Dtxon^s
4. No, F iiCfcr apoke to my Lord
llor attcr^vardu, Thia waa the 37tli of
and it wa« the 7th Of December,
Mrd U|K»u my lord«
fc9fi,ftitf. We think it appears that
lilnit Ks^A an a]4^ent of my lord Maeclcfc'
1 diiiirc to know what the nature of tlie
Q£kOaalol'ii]deuiailt<iatioo WM« thallAt ludder
A, D. 1725. [918
E. of Macckijitld. I cftn*t think Mr, Ser-
jeant is 10 earne«t. Have they prored that \\m
wa« employed by me f 1 have heard no proof
of it, only' Mr. St^rjeant halh said it* Mr,
Dixon himitclt is the pro|»er (Krrson to give ati
account of what he told them from me. If
they do itisist upon it, i must beg your lord*
ships* judE^meni.
8eiJ, FcngeUi/. If it is insisted upon hy tha
noble lord, to disavow the proceeding of hia
uwn ngent, we will ware it.
E.of Alacctetjield* 1 neither avow nor dia^
aTow, hut 1 object to the evidence of thiii ypen-
ileman about the discourse of what Mr. DixoQ
suid, who is livmgf and can speak for himself.
iSerj. Pcngcidj, If the noble lord will ask
Him any ihinj^% he may ; we have done.
E. of Macclesfield' I heg leave Uiat Mr.
Bennet may be o»ked two or three questions:
He has indeed g^iven evidence which g'reatlj
surprizes me. In the first place, I desire ha
may inform your lordsiiips, whether, when he
wns with me, he did not tell me, that if Mr.
Hiccocks woidd pay 2,000/. be would makt
g-oiul the whole money ?
Tho, Bennet, No, i did not say so ; I could
not make good the whole money, or any thing
tike if, t said (hat such a report had beeu
fipread, that 1 proposed tliut if Mr. Hiccocks
wouhl pay tnc 2.000/. 1 would answer the rest;
but I was notable,
E. of Maccltifidd. I would be glad lo know
liow he came to tell me of a report of his ny^ u
act: Was it a report without any foundation f
Tho, Bennet, I went to Mr, Hiccocks, aiul
told him I wanted 6, 0<Xlf. but he said if 2,000/>
would do, he l»elieved he could lend me that.
Lend it me, said 1 ! If yon give me 2,000/, it ti
something'. And this was the Ibundation of
this report,
K. of Maccli%fieUl I cannot gfive evidrnea
myitelf to disprove htm io this; and therefore
I desire to know wliether he Ims said to any
other persons, that if ftlr. Hiccocks wouUi pay^
him 2,000, or 3,000/, or thereabouts, he woufft
pay I he rest ?
TkiK Bennet* 1 might say I would endea*
VQur to raise the re«t : but I never said 1 vrotild
p;iy the whole, for I knew t was not able.
*E.of Macdejiftcld. Mr, fWniet uuderstsnds
my fjuesiion, to which hehailiL'tten no answer.
My question la, whether he hath not told some
nther people, that in case Mr, Hiccocks woulJ
pav 2 or 3,000/, he would pay alt the rfsl?
Y/fo, Bennett No, my lords, 1 never told any
bctdy that I would pay ibe rest ; but I believe
1 might say, if Mr. fticciKjks would ijive me
2 or y.OtX;/, I woidd *.tand the hazard; for I
did not expect th»U all the mnney should h^
taken out of my hand,
E. of Macctcxjifld, I desire he may he askeil,
whether ut that tune he was wiih n»c, I d^d not
ank him, with what c<»nwncuce and honrriy he
could buy a place, when he had not nwi*^\ to
pay for itf or whether it wai not in t«
that, that bi told pta thai ba bid im i^
lifaf
4
4
4
4
I
I
919]
10 GEORGE L
Trial of the Earl of Macdesfield,
Tho, Benttef. My lr»rd dnl lay so to me* I
inswer^ 1 h«f1 nut timney ; that I had not
bouf^hl the place, had it Dot bet;ii for the casli
of the tuitorti ; and that I had since insured
8|000A on my life, in order to fi€€ure the suitors.
£. of MacckiJUld, 1 detiire to knoir Hhat
irtsible estate the geotleman then bad, aad of
what yearly value?
Tho. Bennni* My lords, when I carac itjto
the oB&ce, I heliere I had about 360/. a year,
or thereabouts-
B. of Maeclesjield, I desire to know, whether
be was uiarriett Wore ? — Tho. Btnnet, I wis.
E. of Macckijicld. What fortuue had you
whh your wli'e ?
Tho. Ben net. The fortune 1 bad with my
«f ite, was in the whokf betweea i and :i|000/.
|)art of if was an house.
E. of Muwieiifktd, What was the value of
that houKe?
Tho. Uomei, I had not let it then ; but since
toy coming into the office t bave tet it for 90/.
a yirar.
E. of Macciesfield. I desire to know if he did
not keep \n& coach and efjuipngc at that timef
Thti. Btnnet, 1 ffid set up my coach in the
unfortunate year 17'iO. 1 was once worth
i}O.D(X>/. hut lost It »tL| and became much in-
debted ; the cBtate I had of my own was mort-
^a^r^cd for more ihcin it was worth,
£. of Macdtifidd* W h ether be was married
in the year, 17 '20 ?
l%o, Btnntt, No, I was not.
£. of Maccleifidd. I desire to know what
tstate he hath g^tven into the Court of Chancery?
THq. Bennct. That account lies upon the
* fable.
E* of MaccksfieU, What yearly value is tlial?
2'ko, Bonnet. About OOOf. per annum ; part
of it is settled, the rettt moi'tguged, and an an-
nuity charfjred on it more than it is worth*
K (}f Msccififiild. II as any e^late been pur-
chased Hitb your money, or money wliicb
^acne from you since you was a AI aster P
2%o. BcnneL Part of that g:i?en iu was so,
tSL per annum, and 40/. per annum.
E. of Mncdcijield, Has any oiber estate
been purchased with your money, or monvy
which came from you, since you was a Atastt^r?
Tho. Bennet, None, but wtiat I bare given
in. 1 bai'e given in every shilling'.
Com. Scrj. My tordfi, 1 desire he may be
Asked, whether be was not, at the time of his
becoming Master lu ChancerVi in iiossession of
the officp of Clerk of the Custodies?
Tho, Benuei> Yes, J was.
Com* Scrj, Now, my lords, it will be very
proper to ask him what that was sold for, that
ilie value nf his estate may be known.
Tho, BfJtniU That may affect me and toy
auccessor.
Mr. Lutirycht. I don't know whether we need
pat you in mind, that the late act of parliament
ftnly inttemntfies tho Masters, but there is none
to indemnify tb« Clerk of the Custodies,
*** CoTTL StrJ. Which way it will affect Mr.
Umsusi l4lon't know. 1 a^pr^be&d oo acttoo
can lie against him for thevnt^itey he v«ocii
nor any criminal pro«ecutiou or toforma
But that I may nut mis a|>eufl yoor tord^b
time, I di^ire Mr. Bennet may inform
lordships of the yearly value of the place.
TAo. Betinet, It is attout %50L a year.
£. of Mucckijieid. A patent for hfo?
Tho* Bennet, Yes, my lords,
Herj, Proton. How mucb liatb it been got!
for ?
Tho, BenneL I caoH tell what it hath I
sold tbr : It may have been once sold lor i
1,200/.
l!>erj. Pro&yfi. At that time when TOtt i
rendered, what mi|>hl it liave t> ' ^ i'jr?
Tho. Bennct, I beg leave t<* hctl
I am obliged to answer tiiatqu^tiiiuit ,
Serj. Pengcllj/, If it was not saleable by I
it was not worth a fiirthing'« ] beg leave tuf
your lordships in mind, tliat Mr. Bennt^t
excused yesterday from answ*>i>ti.:^' u (pj^
of the same nature : The couii \4
day, licing a new day, they n. ^
to ask the same cpie^bon over agaiii,
C^m, Serj, Theie was another ifigredientia
your lonl!>lup«' i^solution yester<lay. 1 hopeM
IS no injury to him to answer how much
hath knowtj it to be sold forj wilhout tne
in^by i^hom.
ISerj. Ptobjfn, We hope Mr. Bennet will I
swer the question, what is the most be
known il to l>e sold for ?
Mr* Vlumnur, My lords, I object to blatSA
swering- that tjuestioo, because it he t^i^ idlit
himi^'U^ that mi|>ht be tliC ^eate^it %v%ti\ thatlia
hath known to be g^iven for it, and that '^~
suhjt^ct him to a penalty.
Serj. FrvbtfTt, We donHask who ^veiti
who received it i but what la the greatest prid
be hath known that office to be sold tor?
E, of Mttvcksfield, He says he bath kaiia
it to be sohl for t,'J0O/. I destre he may bea '
cd, whether he bath known that it
sold tor mure ?
Tfia, Bennct. I believe Jt batb been i
more,
E. of Maccksfidd, And how m n * ' ,
Mr. IfT^^ This question iii an r t
to come at that question ttiai was ddutu iii«
ythterday.
Sir Wm, Strickland. My lonts, with homll
submission, the question asked by the nO
lord, tends directly to make Mr. ' Bennet 1
what he Bold his own olHce tor ; for if biai
otlice was sold, it is probable that he i
the greatest price ; and to tell that, t»
bim say what he sold his own ofHce for»^
Mr/Lutot/che, By this method vm
ships* resolution of yeulerday wdl be evaM*
We took it then, that the witness was Mi
obliged to discover what be sctld ih^ olfiee far.
Now they are asking w hat is the u'l^ 't
he knew ttie office sohl for? Th* xt
question may be, to wit out was the omce aoid,
and by whom was it sold ? Tlierefore we orali
humbly submit it to your latdabips^ tJiAl it kttsl
41 questioa to be asked.
^r High Crmti and Mitdemetmon.
A. D. 1725.
fsat
To oUjifCt to 8 question hcrnutc i tn&teriiil fbr m to inerense his eitttp, idi tt ft
l^y follow, is odd ttr(jiimg', When
Hion is miicle, it ^vilj he ihfn time
^ojtpose il: ihert(ior«? I liojie that we
. Proh^n, My lords, I upprehend this
»D ts proper, and tlie answer to it is oe-
r-
ll Lechmere. Yoar lordsihipa iwill obicrvi;
*iileft ill vour proceed in pa. Ao objection
^n tnwei an answer hath been given :
idea insist opon your lordship's jud^-
that being' doue^ they must withdraw,
tore I ilenire I hey may withdraw.
Hf MnccUiJteld, The reply is not yet
I lotnethin^ has been said by the penile-
»ho are IVIanng^ers by way of object ion to
festion that was proposed, which, it they
Iponi 1 desire my counsel who arc to rc-
\ny be heard before they withdraw.
^ Froin/n. The Managers for the House
Bmona have been pleased to examine into
IniinstaDces of Mr, Benoet, at the time
I adinitteil Master, in order to shew that
\ tlien not of substance iit to be entrusted
E> great a sura of money. We are then
^ obligeii to examine him as to that snb-
^ aod the value of his effects. He hath
»ttr lordships what estate he hath in land i
\ now to examine him as to his penK)nal
I be hath told us he had an ofiice, the
of the Custodies ; that he hath parted
X \ the money arisini^ by that office must
Itooed as part of his personal estate. To
It the value of the ofiicef we do not ask
By question that makes htm Stable to a
y; but such a question* where the an-
D it may be giveo with safety ; and that
at is the greatest sum he hath known to
hccDj^ven for the office of the Clerk of
Kitomesf tie may answer this without
lor himaelf in any ditficultiei, for it is not
what he himself hoib sold thul office for ?
■wer to this general question can alfcct
fith any ill cMio!fiei|uence.
iSsyer. I humbly ap|)rehend this Is no
K^qrular. We are enquiring about his ef-
I il la owned he had the office of Clerk of
listodies, therefore that must be a part of
Ivooal tttate : the an*ivver to our question
any way invoke him in danger^ or sub-
Im to any penalty ; because it doth not
larity follow that tie sold bis pUce at the
Mt price thai he ever knew it sold for.
bmit it, whether it is not a question fair
1 to the witJMis, and proper to be put
We agree that where he may
to a loss, there b no forcing biin
rion is bound to accnne hnn-
only a matter of discovery
of Ihut CrtBce is ; the ansvier
{ htm \ and ibereKoro we ho|Yc wc
iwer.
My bfds, I am surprized to
\ this is not a qnc^iion matimal
Had's dafoK^: surely it ti as
Ibr llit-ro to diminish it. They have already
cxamiiud into partieitlar**, to shew what sniafl
substance he wa^ q\\ and what the estate he
had was mortgag-ed for : the proper anj;vrer to
be given to that, as far as it will g^o, will be t<>
shew thift he had other e^Uite and eflects, «irid
we art* not able to shew thai without examiu*
ing him, 1 humbly submit it therefore that
we are as proper to go into that evidence at
they were f it is equally material ; and as they
have examined to it on behalf of the Corn lu^^uvp
we are entitled to examine to tt likewise on be*
half of the noble EarL
E. of Macckificld, 1 apprehend the oltjeo*
tion is, that he ts not to be asked a question^
which if he answers he willcharg^e himself with
a crime or penalty. Wlialever answer bt
makes to this question cannot charge him : let
him anstver and say that he hath known thia
place sold for 1,000, 1,500, or 2,000^. can that
be given in evidence so as to aflcct hitn f
Therefore the qocstioo to»day is not ibe sam«
as was asked yesterday : it was then askedp
what be had received for his place ? and if ha
bad answered and said what be had received,
it would have been a confe^on, which would
have convicted him ; hut if the answer be, that
be knows it was sold for such a price, and that
is given in evidence, by that answer it dotb not
appear that he sold it : therefore upon that i
humbly submit to your lordships, and we are
ready to withdraw.
Serj. Pengdit/, This is by a side-wind to
know your lotiisbips* opinion upon the Ninth
Article.
E. of MaccleificUL I beg leave to intcrropC
that worthy gentleman. I agree that the
Commons that bring in the Charge, have a
ri^ht to reply ; but, with submission, this is an
objection arising from my counsel, and the re*
ply belongs to them.
Serji. Pengtllif, My lords, we apprehend the
objection arises from the Managers, and there*
fore the reply belongs to them. The Manager!
made the oojectioo, therefore we beg leave to
observe, thai this is iu consequence to desire
your lordships* judgment upon the Ninth Arti-
cle, whether the office of the Clerk of the Cus^
todies be aaleable by law, or oof If he ii
obhged to answer this question, it is upon a
supposition that the trAosaction is lawful : there-
fore, in an affair of this nature, there can be no
other view but to get an opinion noon thi^ Ar«
tide. My lords, we apprehend lhi»i proceed-
ing is in consequence tht^ same as if a questioQ
was pro[iosed to your lordships, wlietncr my
lord Macclesfield could by law sell the place of
Clerk of the Custodies P
Mr. Luttrychc. My lords, I must lieg leave
to mention this to your lordships. When it it
con««idered upon what foundation this qucstioa
ifl aiikefl, and what it doth mr'su. it can be only
to eluilc vour b»i ' ' ^ ' 'ly,
and lo make thai ^ ra
should he olwayK Inr ;4rr;iu \i i :itiuniir M>ii4 bf^-
fore your lordshipsi tliat no tricki or me^lkwU
•
I
025] 10 GEORGE I. Trial of the Earl ofMaccletfieU^
■hould be made aseof to ask that which should
not be asked. Now, m^ lords, what is the
quettion they are ezamiDiDg to, and the use to
be made of itp Here is a |>erson that is al-
leged to be of meau ability, and the ques-
tion is, what substance and estate he bath ?
And they would reckon into part of his estate
au office not saleable by law, and ask him, what
that office is worth ? From whence the infe-
rence must be, that he sold it.
£. of Macclesfield, That is not the question,
what it is worth ? But a particular fact, what
is the most that it hath b^ sold for P
Mr. Lulwyche. What doth that tend tof
The question is, what estate this gentJeman
had that could enable him to pay this money
for-this office P They have examined him about
bis own estate, and his wife's estate, but then
fiiere is another part of bis estate ; which was
this office of Clerk of the Custodies. What is
that P It is that rery thing which we say it is
unlawful to sell : therefore we submit it to your
lordships as no way. material to the defence of
the Earl. We hope your lordshijM will not ad-
mit that to be done by an indirect method,
which would not be admitted to be done by a
ilirect one.
S Ordered to withdraw ; which was accord-
^ y done ; and all parties concerned being
m&r some time called m again]
The Lord Chief Justice King declared to
them, That it was the order and judgment of
the Lords, that the said question was not to be
asked.
Mr. Plummer, I would ask Mr. Tho. Ben-
net one question, whether every thing he had
in the world at the time of his purchase of the
Mastership, was worth the money he gave
Cor it?
Tho, Bennet. All I bad in the world was not
worth it.
Serj. Probvn. My lords, Mr. Bennet says he
mortgaged iiis estate for more than it was
worth ; I desire he may be asked, whether he
knew at that time, that it was not worth so
much as it was mortgaged for P
Lords, No, no.
Mr. Plumrner, My lords, I beg leave to ask
this question, and I liope it will be v^ry proper,
that IS, I desire to ask Mr. Bennet, as he hath
given an account of a conversation with my
£>rd Macclesfield ; 1 desire to know if my lonl
Macclesfield, at the time of his admission into
bis office, did ask him what he was worth P
Tho. Bennet, My lord Macclesfield never
asked me any questions in relation to my cir-
cumstances, or any thing like it.
£. of AtaccletJUld, JVI v lords, I desire he
may he asked, whether 1 bad any notice of his
losses by the South Sea P
Tho. Bennet. Not that I know of: I fbn't
know that my Lord Chancellor had any notice
of it.
Serj. Pengelfy, My lords, if the counsel have
.done, we shall not give your lonlships any far-
tiier trouble oa thate two Aitkhm : bolli of
them are as clearly and as fullr pr
subsUntiated as it is possible. It o
now, upon the examination, tbattboii|
Masters were entrusted with 40, 50, oi
thev were not of any competent sabst
really worth what they paid for their ]
places. As to the manner of their p
their places, if we have not given a d
dence that his lordship knew it, yet i
tioe and notoriety of the fact being pr
that it was thus g^nerallv understood,
sonable evidence in itself, and by the
Earl took of it himself by the several
he hath asked, we think it is yet clea
humbly submit, whether upon this
every part of these two Articles is i
cientiy proved P We depend upon th
nation already taken, and will take
lordships' time no farther.
[Then the Managers and the cooi
directed to withdraw, and the Lords a
to the next morning at ten o^clock io
uoou.]
The Third Day.
Saturday^ May Bth.
The Lords being seated in their Ilo
clamation was made by the seijeant at
silence ; and another proclamation,
persons concerned were to toke not
Thomas earl of Alacclesfield now sti
his trial, and they might come forth ii
make good the Cfbarge.
L. C. J. King, Gentlemen of the I
Commons, you may proceed in your <
Mr. Gyblon. My lords, your iordsfc
ing already heard what has been otferet
port of the preceding Articles, I am con
by the Commons to assist in maintaii
13th and 14th Articles of their Impe
against the earl of Macclesfield.
The Charge in these Articles is, That
knowing Mr. Dormer (one of the M
Chancery) had disposed of great par
suitors' money for his own private ad
by which there became, and stiU cent
deficiency of at least 25,000/. and t
J>ormer absconded ii|)on that occasi<
application was made to the Earl tb<
who instead of takiiit^ proper methods
pel Mr. Dormer to make satisfaction to
tors, (from an apprehension that a pu
covery of the said deficiency might le
unjust gain the Earl propcised to bin
selling and disposing of ilie said oHii
endeavour, by many indirect prairtices,
ceal from thesuitoro of the Court, tiieU
and condition of the said otHce, aiul did
and dfceitfully declare tliut Mr. Doni
onl}' truiie to lake the air ; tiiat he wooli
in a iitlle time, and all woulU be well.
Mr. Dormer huvintf, towards a satisfo
the suitors of tlie Court, aasijfued la J
wards (who succeeded hiin io hii 9^
MjMr) adebt of 34|0i^4i.dM|F
Jot High Crimes and Misdemeanors
||gi>n (a banker) to Mr. Dormer, to the inleut
i money received on that accuuut ehuutd
Bpplietj as the Court of Chancery stiouUI
llie earl of Macclesfield « for the unlawful
rposes aforesaid, without regard to the in-
st of the said fiuitors, by colour of his said
did iu an unwarrantaMe, clandei^tine,
unusual u^aoner, atithori/ef direct and
ftblish ft precarious and Irifl in (T composition
'i th^ said Wilson, upon his fiayiog l,4<i3/,
Irf. and assign log 10,000/. part of a debi of
kO60/. 12x. 5d. nrelcndt'd to be due to the
Wilssoij from Edward Pouller, indischarsjpe
the said debt ; and to that end, on Mr. Hic-
(ka's report, then oue of the Masters of the
Court, wiibout any attendance ordered or
thereupon, and vi^ithout notice to the said
ftrs, did by a private order* not made in
tn CooTif order Mr. Edwards to accept tl>e
compofiilion in fidl dischar|^e of the said
til; which said PouUer waa a person insol*
Ht) and has mnce absconded for dtbr, and
[fcc, or very saiall part of the said 10,(XM>/,
1 been, or is ever likely to be received.
Your lord li hips will please to observe, that
I Earl is charged with the highest breach of
: in relation to the suitors of the Court of
an eery } and to have committed that breach
^usttor the most unjustlQable end.
The crimes, my lordfc, stated in lhc?se Arti-
, ore in themselves so heinous they need no
avatiott ; and 1 think the noble lord's An-
* shews they are capable of no excuse.
le ii pleased to say, ** That Mr. Dormer be-
; out of r?ach, his eflecis unknown, except
) stock, which could not be transferred with-
bis concurrence, and the Karl seeing* no
er way open to get any things for the suitors,
^ beint^ made bidieve^ tf a deticiency should
, the same should be made up bv other
did agree, that in caae Mr. f)urmer
ome over, and make a full discovery of
I effects, and assign the soiue fur the he-
t of the suitors, the said Earl would allow
bis hherty oo that condition, and not
lierwise/*
he noble lord says, no other way was open
^ get any thing". Hiwcj my lords, the grant-
^ of a seq I re*5l ration woultl have been one,
the speediest way to have found out and
Dtired the etlects ; but it might have beeu a
ly too open ; for it must have iruhlishf d the
liciency of the ottice ; whereas Mr. Dormer*s
niog bonie, and quietly resigning, hushed all
juiry.
niial the Earl means by Wing made to be-
^ve the deficiency should be made un, I am
a Ions, my lords, lo know. Made believe !
^w, or by whom? It «focs not aopear the
Iters entered into any contract to do it ; and
uld his lordship think any discourse between
I and the Masters (if sach there was) could
surticient security for the suitors of the
i»urif
But suppose the Masters bad contracted to
iupply tli<i deticiency, J submit to your lord-
•lii^g imvy lar thalcoAUra^ would tav« been
justifiable ; for how should that supply arise ? J f
out of the suitors* money in the Masters* hands^
that wus only supplying one deficiency by
making another ; and it it was to be out m*
their own estates, that likewise, by lessening
the substance of the Masters, would dimtnisb
the security of their own suitors ; and what>
my lords, could induce the Masters to enter
into such a contract ? 1 can imagine nothingf
but to conceal the deficiency « in order to rais*
a value on their own places upon their re«igna^
lions. I therefore submit to your lordships,
whether the Earl's answer is not an iniplier
confeision of an endeavour to conceal Ibis deJ
ficiency,. in order tokeipupthc pric^of theof^
fice? \our lordships uWrve on what condi-
tion the Earl says he permitted Mr, Dormer t<»
come over, Bui I do not finti the nuhte lord
alleges, that in order to gsiin the end proposed^
Mr. Dormer was examineil on interrogatoriet
touching the debts due to the suitors of th«
CouK, or lo what estate or eflecis he had to an-
swer the same : wt.- can i^hew your lordships
there was no such examination. We shall
prove, that Mr. Dormer did not give a satisfac-
tory account ol bis balance, and w ith great dif«
ficulty was prevailed on to convey his estate
for the benelu of the suitors : but yet, my
loriJs, he continued to have his liberty. How
the Earl will account for those nrooeed-
ings, I leave to your lordshi|]s' conalderalm:
1 can see do possible account can be given but
this, that an examination on in term go lories
touching the debts of the stiitorsj and Mr. Dor*
mer^s answer and conHnement, mu^t have putn
lished the deticiency of the office. The Earl is
pleased to suy, *' He did not doubt but tht
whole debt upon the said Fleetwood Dormer
would be paid.*'
I presume he did not doubt but it would he«
because he knew in justice it ought to be paid ;
and since it is before your lordsltips, I hkewis«
do not doubt but it will be paid.
The noble lord in his Answer is pleases) to
4)uote, on some occasions, the example of his
predecessors ; I wish, for the sake of the un-
happy suitors, and for the honour and justice «>f
the Court of Chancery, he had hpre I ul lowed
the steps of his predecessors in the case of Dr,
Edisbury.
The noble lord insists, " He does not remem*
Ijfr any applicatitm made by the Masttrs for
any assistance of the Court, touching the per-
son or effects of Mr. Dormer, but what be
granted, as hv as he thought tended to the
benefit of the suitors.'*
We shall otftrr proof to the contrary! but
had that been so, was that, my lords, sumcient?
Was the Earl to wait the setting of a orosecu-
tion ou foot, till application made by the Mafl«
teis? It was not probable many ol them ^wbo
bad bought at high prices, and on resigmttotiSi
were to make the most of ibeir places) would
apply for the securing the perf»on or eflTects of
Mr. Dormer, they would not willingly have had
a Majjter imprisoned ; the discovery of a de&«
citocy iu bitu wQuVd V\i.^^ ^s^i^ ^\^ vi'^fssf^
srj
10GEO7.GE L
Tns2 of He LaH ^Mmade^Ud,
ify;«.beaf^re tiiU ihe suae mi^ hu9 hip- | mka
pbL-t^ tt then ; f6t etrrr '.^c k^« bov fredj • tkk Ut, ar tkil ke «m w
ihoK peL-iiai>£s cnSc^cd la the bal yew : vkk ai j pt«oeB ibovt tt. A
17£-j. T^je T£TT BObM «f a de&oe&cj wuM I can bt, ikai all
liave pill tl^e sHion uo aa coqclrr. aLd opoa ' leM^ I leave lo ti
nula^ L«e- mx«r cai oi ibe If nit. T baads. ( He m fknnd U mt, '''Mr. Hk— ifa !•»
C*>i^ ibcQibe £a*1 es;«a tbej woiikl lata- j fMied, it was fais cfeaiM ske aoeepHBC the aii
kiad? Bui «u ::k:>s LIsdozT tocaqimcaad ; pcrnu^MazledURflafciaeaaBe."
fire al! D«i(y-s!£rT '.c^ctk. ac-i 'tike aU proper ! Mj krda, it doa aot tffiar Mr. likwii
preck.-jt>>» i.T lit * :L:?n' afaj, bccsuse the i bad \mkt ^\ naeh isM WitaiB^a
VLuuty aes^^eriej ':: ? No, cenaialr, naleK Ac : bad'eauHaed ibc partMobia af bia
Cb» rea^-'D aM^^rii in tbe Anicae. * | oaib, had caikd the cifdhaii kdm bia
Tbe £kr! sa^ft, - He dli nerer toAmvvar ta i ^oirc iaia the jaftiee af their 4ehtK, or t
er-'tttal the trocr fUte a»i cc«da^<iB of the tbe aAonct ; boi ret toob vpoa hia to
afiix frook t}.e hLupt^, t'^r cid any of ibcm. lioo put of Pooher's Ma, » a
vbi.! lerr Uielj, apfrlv u» Li£a t» iocik iau the ! the nitorft of the C'Out ; tbwjub it ~«ii
I that Wiboa faid sercra: af bii
Be vr!I kser, tbu Baaj of Uiem alM for t wards their ffo!l
the r okooej. aid vere oroertid iheir whole de-
naad^ nU,)e Mr. Edvards had vherew-sthal la
Cr : i^u th€iie aabippj suiicm, who did act
ow of ihe de6ci<Acy, aaJ, frofo socb orden
f«r the wU'le iix«^jr, Oiin^bt vcU he pcnsMM
there was do deocif-acy, aad ODaaeqaestly did
not oMBpiaia, bate now, ] frar, a lueUocboIy
case. Aodwiu what grace the EaricazsioHia,
thai DO ftuiiors erer Jid, or at least Lil very
lately. c&aif4aiB, I Scave to your kmUipa' ood-
KlirrU^O.
Tb« Eari i% picaicd to cay. " He mnenben
noth'iD^ of hiS lining ihe expreasNxi char^rHi ia
the Artjcte, either before or afier be kaew of
Mr. Dormer** ahBomdiag.^
1 beiieie the ooUe lonJ, oa a little recoilee-
tiuo, will raiiMrr cali to miad what he said oa
thii occasioD, than be ah> to gijt a ju<t.fiaUe
reawjQ tor .l
He i« pleased 13 9ay id his Ar-swer to the
14-' b Anicie, ** He t^cit-nd ali the aJvaata^ of
tae di«pov«l oi Mr. Dd.-iD€T'somce.*'
Tue £eii'.leafteD wr.o hiiTe spoke before ine
faaie. 1 hn:«, sum.-ieuiiy tnaie it a|fe|«ear to
cwraaca prooeetSiap.
I aature!Yor wbicb 1 w<Laot|
But, ny lords, I casbot bat
! two Naoen, wha wen cofAorcd ta tabeCB^
! oa thts iinportaat ocea«fn. (at the iaaMH^
. a&bappy saitocs, were very aooa (pcadaf iba
I affur) allowed to oeil the? pbeea at ^artiMl
* pnces. Mr. Rpscra, .4B;iist 17il, lar ^fiSOL
: aad »Ir. Uiecocba, Jaae KZS, for 7.iO0LMl
j which rery Burn aow racaaia a debt to Ik
^ Riiiors of 'the respeccve oSoea. Yoar M-
; fthiiis bare already bearU what vaa itmaaid
, aoJ loid OQ iboae mifaatnai^
j The Earl ia pkaoedtosay, '^'natealk-
I Edvardt'i seooad pctitioB. vitb Mr. Bkcadrli
report aaaezed, fia wiiirb Mr. Edwards a*
( KMJy prayed, that he mij:bt he onleredioi0"
i cer'i iDe said oomposiuM i tike Earl ia a pnftf
< aod nsual fDaoaer ordered the aiae as pn^A
acJ w-as iaforajed, aad htlieica, that the aii
J cv*xnpwitioo wu iDade a^d azrecid ta oa a oa-
I s«i!iazj->D of ali or iD»t of tbe Masters ol iki
' sa.d Cvutl"
I bare beard, my kv^ds, the proper aad i
T ur \i»r6*L ^, that there c^uld be co socb j laaaaer is u bare pctiiioas uf this aaiarr ^
' ' dowo to be heard ia poblx, aad the puwi
cooceiT>ei to be samoMMied ; petitioas n taHf
Iez«l or j.*»t adiaotage. Wiiere tbea is the
gfn^^'-%:\ f A SUED of iDODey, wbich he ought
acfl Vi btfie tAk'-D. is ^reo Lp towards aaswcr-
ia; ^Lr aei«i ufihe Court, for which i Like it
L:s J>rit:.jp uixM J is artsneraMle.
lit is '/drkii^ to sav. '* That aAer Mr. Dor-
iber's a*^^iiii^ Mr. ^TiIm>ii's dei« lo Mr. £d-
w&r!s, tne Ea/i beSieT«s Mr. EJvards used
^"^rtai e .dearijors t) oitaia f-aTiDeci aad satis-
iacti a of the said debt from .Mr. Wil««i ; but
fi-.-iin^ a:i inJeatoars froiiless, aad that Mr.
^Vi.Mra Lai sU'p^d pay meat, and was io ao
eoDoiiicQ of pa% Lcf his'creditors the whole of
their dctts. Uii b&d offered to come to a com-
posin^n, loJ to par ttem io proportioo the nt-
Ob^i hn wa« a-«!e. Mr. Edwards thereupoa pe-
th^>f.esi bi» l..*d-i!p.''
What tiiose trreat endcaToan were. I ana,
my lorJs. at a bas to kaow ; for I caonot fiad
there was aav commiKioa of baakraptcy ukca
XViboa, (tbo««h that was advised
aa a nie aad aewmry Bcihod.)
Ibe Caart af CbaManr, ar ia aay
. ta banknipts, to hiiut^ ta kWoci, 1 bcii*t
! arc so : the statute io the case of baakiafS
I doecu pobLc aoucx to be prca ia the GaicMb
I for the credoors to aieei ; ~thcy have aa app9-
I tobity then to make aii proper co^airiei. ati
see ef ery ihin^ d<tte that loay he mcNt for that
I adiaata^e; the baokroit is aot eautlediehil
libenr. aor aay beoeoi allowed him, witbotfi
certi^cate that' he has made a full discatcry if
his efectSs and that there appeals ao reasoa li
doobi oi the truth of such diocaiery ; aad tfl
thca oesther, oole«s four pans ia fire ia aa*-
ber aad raloe of hs cre<9iiors s^ ouch oertifi^
caie, and testily th<ir coeseat. How the Etfl
could think it just that tbe suitors of the Cotfl
of Chaacery (whose inoaey was foroal htm
them by thr' power of tbat Caort, aad pat iiM
tbe haads of a baaknipt Master) should
less care takea ef tbeiB, leas pririlc^ca i "
then for tber arcanti , tbaa aav fl
for High Crimes and Misdemeanort.
A. D. 1725.
[930
lit miist thinks my lords^ tbis clandestine and
tiiisual procetdiog- a filrong proof of ihe crime
chargetl in tliese Articles.
As to w hat the Earl says of the compo-
lion being* agreed to by most of the Masieni i
^that, my lords, had been so (though we shall
"re eviiletice to the contmryi) 1 should not at
I have wondered at it; tor any com positron
structed the enquiry and proceed in gfs, which
berwise must necessarily have been public :
lit, my lords, had the compositioDbeen ag^reed
) on a consnUntbn of all or luo&t of the suitors
Bcerned, thnl indeed would ha?e been a guod
*fencc of the noble lord.
* He is pleased to aay» at the time of Wil-
' 0*8 assigomcnt of Foulter^s debt^ that Poulter
i looked on to be a suhstanlial person.
^We thall produce to your lordships cTidence
) the contrary : and 1 must obiter ve that the
'irl does not olfer to shew any proper entiuiry
i made touebini^ bis solvency. Sure, my
lis, when that debt was taken as a payment
* the suitftrs of the Court, his circumstances
outd have been carefully looked to, and a re-
jnizance with securities taken in Court; but
it could not he done without a puMic notice
Tthe deficiency.
^When I consider, tny lords, the lon^ ex-
Hence and great abilities of the ooUle Earl^
^cao nerer think ihe remissness in this en -
liry, these i'laiidestine and unusual proceed-
jfs, this pret^arious and trifling' composition,
mid have happened tltroufrh iniulverteticy
lly : I therefore, my lt>rds, roust insist upon
\ms a manifest proof' of the charge contained
I these Articles.
The g^enUeman who speaks at\er me on this
sioo, %vill open the evidence we shall offer,
i will therefore take up no more of your
'ships' lime.
If. Hedges. My lords, it falls to my share
ff> endeavour to be assistant to the gentleman
mho spoke last^ in maintaining the 13ih and
th Articles ; which I sliall do by stating the
Jence to your lordships as shortly as 1 can.
I My Ion Is, the 13th Article sets forth, that
. Dormer having embezzled great part of the
ors* effects, to the amount of art.QOOL or
\ other great sum, and he thereupon ah*
nding, application was mnde to the earl of
^lesfieh], then Lord Chanrellor, to secure
I person and effects, which his lordship neof-
lected and declined to do ; and endeavoured to
cooceat the true state of the office, as well
-with respect to Mr. Dormer's efPtcts, as to the
debt due fmm him to the suitors. And upon
motioD made in the Court of Chan eery Rafter
bis lordship knew that Mn Dormer had ab-
sconded) that the effects of some of the suitors
might be transferreii to a more secure office,
his lordship* in order to delude the suitors into
a belief of the safety of their effects, and to
prevent a public ^nipitry, then sitting in open
Court, did stty, That the parties need not 1»e in
InHet falsely and deceitlally at the same time
Jaolafing, tliai Mr* purmar iras oiilv go&« to
VOL, XVJ.
take the air in the country, and that he would
return in a little time, and all would he well ^ or
to that effect. And, my lords, notwithstanding
the Earrs endeavour in his Answer to evade the
Charge contained in this Article, 1 am per-
suaded, upon bearing the evidence, your lord-
ships will rest satisfied, that it has hcen made
out in every particular. For, my lords, as to
the first part of the Charge, where he deuios
that he was ever advised to secure Mr. Dor-
mer's per»on» it will l»e made appear to your
lordships, that Mr. John Beunet, and Mr»
Lighihnun, went from a meeting of S(^oral
of the Masters, and in their names arquaiuted
the Lord Chancellor, Ihat it was their opinion,
that Mr. Dormer had not fHirly stated his ac*
counts ; that there was a deficiency of upward*
of ^0,000/. and that it was necessary, tor exam-
ple's sake, he should be committed^ accordin|f
to the precedent set him hy the lord Cowper ia
Dr. Edisbury's case. But the Earl insistinji
on Mr. Dormer's liberty, they again repeated
the necessity of making such an example, but
at last left the Earl fixed in bis resoludon of
continuing Mr. Dormer at Uherty.
My loi^, this promise of freedooi to Mr.
Dormer was only conditional \ if he gave in a
fair and just account, and assisted in getting
the debts. But he was so far from cumidyiug
with these conditions; that wheti he gave au.
account in writing of Ihe balance of hts cash,
amounting to 49,0txi/. he only informcHi them,
that 24,000/, of it was due from one Wilson, n
banker, since broke ; but as to tlie remainder,
ihe Master to whom it was gi^en, could never
i>htain from him any other notice where it lay,
or what was become of it.
Immediately upon this, the Masters were
fiummoiied, and acquainleil with it ; and the
next mominfi: that account was left with Mr,
Cottingham for the Lord Chancellor's perusal,
Yoiir lordships will be further informed^ that
Mr. Rogers and ^Ir. Hiccocks, being directed
by the Lord Chancellor to procure a conveyance
oF Mr. Dormer's estate to them, for the t>enefil
of the suitors, it was with the greatest diffictdtjp
that Mr. Dormer was prevailed upii tocomplj
with it.
In the next place, my lords, his lordship, ia
his Answer, denies, that he endeavoured to
conceal the true state of the otSce from the
suitors ; or that he remembers any thing con-
cerning the expression he is charged with |
that Mr. Dormer was only gone into the coun-
try to take the air, and that he would return
in a little lime, and alt would be welK
My lords, I must agree that, since his lord-
ship is resolved to deny that he endeavoured
to conceal Ihe state of the office, it were to be
wished by him that he could safely deny this
expression,, since, if true, it proves that endea-
vour directly upon him. But, my lords, the
words were spoken by his lonbhip in open
Court, and can be sworo to by a person, whose
business in Conrt at that time was such, as
can possibly leave do room tor a doubt^ or m
mistake*
30
I
I
I
I
931]
10 GEORGE L
Triat of the Earl ofMaedcffidd^
For farther proof, ny lorils, of his lordship's
endeavour to conceal the state of this office,
Vfe shall shevr, tliat a messatre was sent from
the Lord Chancellor to Mr. Liglitbouii, with a
proposal that he should advance 500/. towards
this deficiency : acquainting him, at the same
tiuic, that it was for the honour of the Court;
and that the appearance of a deficiency would
be attended with ill consequences. But Mr.
Ijightboun rcfuse<l to comply with that demand,
yvhich he thought wouhl only skin over the
wound, and not effectually cure it. And yet,
my lords, this proposal which Mr. Lightboun
bad the honesty and courage to reject, was en-
forced by the impeached earl with the threats
of a pariiameutary enquiry ; asserting, that if
the Masters did not contribute towards the con*
cealment of this deficiency, it would occasion
a public enquiry ; wherein, if it should appear
that they had bought their places contrary to
the statute 5 and 6 of Edward 6, it mi^ht go
ill witli him, but that it would fare much worse
with them ; turning even that parliamsntary
enquiry, which he ought to have dreaded as
bis sure punishment, into means for extorting
of money. We have also proofs that at anotlier
meeting of the Masters, a farther demand was
made upon them, in order to conceal the state
of that office ; but all the Masters then refusing
to contribute to a concealment so unreasonable
in its own nature, the Lord Chancellor paid
that demand of 1,000/. himself; not out of an^
just regard to the suitors, but for his own proht
and advantage, well knowing, that the notoriety
<»f this msoTvency would make the Masters'
places less valuable ; and therefore was con-
tent to part with this sum, to insure to himself
a greater prospect of gain at his next sale,
^ur was it necessary fur those, who deaU at
this auction, to bring any money of their own
to it ; the mere admittance into the office im-
mediately giving them possession of a cash
sufficient to answer his lonlship's expectations.
And thus beggars were his best purchasers ;
though snre to be the worst trustees for the
public.
How great a hardship must it be, my lords,
to the suitois of that High Court, to be con-
tending many yt^ars for their just property, at
9tn expcnce possibly no ways propoi tiooable to
their remaining fortunes ; and to find at last,
when they had obtained a decree in their fa-
vour, that their money was lost in a bankrupt
(office, without hopes of recovery ? This is a
conttidci-ation in which every man in Great Bri-
tain is more or less concerned. For what
estate is there, which may not some way or
otlier, in the course of a few years, come under
the diroction of that Court ? How much then
does it coucprn every individual, and rven the
legisbture itself, that all its avenues of justice
ahould be sate and open? But how much
more does it concern the honour and conscience
ot the person who presides in it, if there should
be a dantferous precipice in the way, to be the
But, my lords, if in this Article, which 1
have opened to your lordshifts, there appears
a crimmal endeavour to conoeal tbe dcfiaeacy
of this office, supported by a false assertioa
made in open court, in order to delude tbe sui-
tors into an opinion that their rooney was safe,
and a great neglect in not aecuriog Mr. Dor-
mer's person ; in the Fourteenth Article, bs
will appear in a yet more guilty light, not odIjf
neglecting, as in the former, to emjuire iatolw
effects, but on enquiry made, and time bad for
mature deliberation, confirming a precariMi
and trifling composition, and tying dowatk
suitors of the Court by bis authority, tothi
certain diminution of one half at least of thdr
effects,^ and in ail pnil>ability to the irreoorenUi
loss of the whole.
My lords, in the Answer which bit lordikip
returns to this Article, |ie denies none of IM
matters of fact contained in it, but admits Urn
as they there btand charged. I shall thenalNt
only make some obsenaiions on tlia natmrf
this transaction, and on the assertions iaUi
lordship's Answer.
In the first place, rav lonls, be iniiiiiiilw
that Mr. Edwards useil great endeavoois to
obtain payment from Wilson, hut found thm
fruitless ; Wilson having stopped payment bif
before.
My lords, I know not what cndeavonis isi
lordship can prove Mr. Edwards to hafeiseii
but whatever they were, they were not uolikfllj
to prove fruitless, since, as his lordship tA
immediately, Wilson bad long before ftoppA
payment : But this we can prove, that Wiwli
books were never inspected by Mr. Kdwafiif
that he never knew what his debts were ; sir
any thing more of him, than that Wilson csM
voluntarily to Mr. Edwards, and proposfdof
himself to pay him 1,400/. in ready mmtft
and to assigu over to him a debt of 10,000^
due from one PouUer, whose circumstaactf
were still more precarious than his own.
In the next place, his lordship asserts, tM
he ordered this whole afiair of Wilson's coto-
position in the usual manner \ and is ii^
formed, and believes, that this com positioa vn
made and agreed to, upon a consultation of A
or most of the Masters. But, my lorda, «•
shall make it appear, that the delivery of thi
petitions, tlie orders made upon them, and tkt
whole transaction of this afl'uir, was carried «
from first to kist ui a clandestine, prir ate, id
unusual manner.
As to the consent which bis lordship ayiki
believes the other Masters gave to this oonwi'
sition, we shall prove, my lords, that Mr. fid-
wards was the only person concerned on behitf
of tlie suitors, and so far was he, or any of thi
rest of the Masters, from taking the best evi
they could, that tiie first draught of a mnp**
sition, which Wilson brought, was aceepttd
and settler! betueeu him a^ Mr. Hiocscb*
And that when Mr. Edwanlsdid meatkialkii
composition to some of the Masters, tbf y
Am in setting up a niuvrk lor all tbe world to I so tiir from approving of il, that Mr. Bd^tfdi
•Toid it. L •cquaiatcd Um Loro Chipacellor, tb4 i^ *i^
Jiif High Crimes and MisdcmennorUm
Fef one oftbefn, thnt » f»^t<^ mmpo- \ n^f ttpy^l^cfefl, ^vtA \f ?* Wn^tfr'i p?aw wa« to
' Iw* liatl. Ami !- W
tnr iVitm Ji^fri I
> matter
■ ■ * M V'« ■ «' ^r^ - rulil have
e^ ivliich
.-, ,ju olheh*,
1 til err prir*.
, r*^ ; whilst for
tbecofiM mi 1^ I, and see ho
erf' the > i^ioney wusllnff
tlhtfig, a5i It |Msse<l tUrough the
lively of three batikrupt^.
oriN, we shaft f^Hher prore, that
dship ordered a pettliurt to be pr^«
elf, (hat be miG^ht approve of this
I he nefer ordereij the siiitots to I»e
V\\h itf ttor hatl they any notice of
his tord^ihip ask, it' \VlJ«o» had
Btiderl with any other cr^1itf?r$, oor («o
\ enfjnire if he had stiorn to his clrcutn*
ill be rrtfVfIc ftppear, that at thtf very
t I *^ry
It al-
I'Tli^ 1 uptcy Delist
r oil h
I my h»iil», to jiulge u tit lie farther of
'iter, by a very s«»re ru!e of jitslrce, that
s one vrtniid Im3 done by ; yoor lord*
viM tuid, thsit Mr. FdivnnJs VotifeaKea,
^ley, he would
I* If I ir.
that
.Jed
^debtiif irith iotcresft, to terentt of his
^, my lord«^ hit loi '
At he helipvt** Mr. !
D/. of
tm*i hecn
Answer
iifwi since
11 J e truth is,
U 1^ us fty an
Dt be-
j^irt
Etlwjii tk by \\ tUun, .iS ^kxi ot' Toulter's
il ' !,.":,/':, ■, .-!■ ■ :, ^ this
may nave utvii sim.ki re-
olifervJo^ her* to yotir !ord-
• rent « care hu^ uppeftred
: I he
;irt,
^ to
I- iti
iif^d
I 1 Uiii
tWirttii^tnti
iiti lonklxi^i
ua^p«ct
.ujfe vrfti
the
rlr
Ritt my )ord»f in this impc^achfnent,
'' " ' "10 the dT|^i! '
trard to lilt
1 '< ijt^jn-iiip to enlaro;i
moment. His lot
I... < J i9 hundred (TO ioea^i^iu ^..
nat :f^ of hii conduct lO so
StUli"! , I : __'_'_1 to deslrov lln* rrtp^.^ticf^
the lawn, bya^
to the ruit/or i
ejrtortiooera and robber!*, we guoi
whh a caution proporlionaWe to t!^
th^rrreharactem: but wh-
ldws, and the eiiiti^fiK of . it*
defend and protect y«, are luaile ui>e o) to luvite
111 into ruin, how sure and exteujiive mtistihftt^
ruitibeF
My lords, the Commons hate beheld with
the deepeBt eou cent such con r^ices in
this Hl;nt Court, such as ha -d tiie .
beauty of justice, and reridere*! u,c a,MMiiiistra-
lion of it grierons, and even fatal to the subject.
They have beheld that minister of jn*>uce,
whom tJie laws of the land have invested svith
on extraordinary power to punish fruud< -md
decsfits, btmsell carrying on a mos
deceit, to the ^reat dishonour of tbt
the ruin of its suitom. The fruardtLii
l>ecome tbeir oppressor, the keeper •
conscience ^irostitutinsr hi« o^vo, ni
nity of his his^h station, to an i
tratfic wHh the best hi i
the scales of jusit4ce iatb-
Tint, ray lords, that panuun
now eome, witli the terrors ol
■A
fiS
the Ma&ters irv^ - - ■■
demands. Rt
go ill \>ith hi^
with them. .^
himst^If asrziiii
j;ev ■ ' l]
far-' ''M
COi^^
ceed tt> uur e vuleuc^
■Mnnce uun
told it mJL
it would t,,.^
lecree pooouncsed by
J IS, we trust, in uo dan-
; but rest assured, that ai
. it will be uiiatumously'
i'ijia.
tiisf we 8[ia]| now pro«
oii thf«fe two Article* to.
(jcther 1 ti» "fhew tr» Tonr lord«^htps thai the de-
fici< 1 'ured to
be ( ' : and
first ot aU v.ki >h;tll c^ill '^ \Min< bs Uf prove Mr.
DorrotT's deficiency to be about *l:>^mJL
Mr. Thompton called, und appeared.
Mr. Lv
Thoinpsiu
,1^ Ikt.. !.....{.
' -^flrelbntlVTr.
iry, OS thi4
I iitinH ; and
rnaf»^r
thut >iM4(ti
urc- KiL _ . __. iu Dor-
UK r's tiiiicei Biid what dettcieucy there wu
in itf
T ' ' ■ 'la
debt J
at VJ,fjQ4L i 1
WttTib, who «•
1 I tijul lUnt Mr, Ld-,
I
I
I
9S5]
10 GEORGE L Trial of the Earl ofMaccletfietd^
[9S6
office, bad paid to the suitors SS,725/. 15f . 9id.
so thai there remains due to the suitors of the
Court; such as have paid their mouev into Mr.
Dormer's office, the sum of S5,878f. 16f . Hd.
And this I belieYe to be a true state of the ac-
count, from such e? idenoe as was laid before
vs.
^ Mr. Lutwyche, If the counsel on the other
tide don't think fit to ask this eridence any
question, we beflf leave to call Mr. Edwards,
who succeeded Mr. Dormer, and will a ive your
lordships an account of the state of the office,
and what the deficiency was.
Mr. Henry Edwards sworn.
"Mti Luimycke. My lords, we desire that
Mr. Edwanis may be asked, bow much the
deficiency is in Mr. Dormer's office?
. Edwards. My lords, according to the ac-
count given in, the deficiency appears to be
about twenty- five thousand odd hundred pounds;
but since that, there is discovered about 1 ,500/.
more, which was not brought into the account.
It was discovered about three weeks or a month
ago, and not before.
Mr. Lutwyche, I desire he may be asked,
whether he knows of any other deficiency dis-
covered ?
Edwards. No, my lords, I do not.
Serj. Frobvn, My lords, I desire Mr. Ed-
wards may be asked, that as there hath been a
further deficiency dtsoovered, whether there
bath not also been a discovery of further effects?
Edwards, Not as I know of. I am informed
administration hath been lately token out to Mr.
Dormer, that there hath been a discovery of
effects, but to what value 1 can't tell.
Mr. Strange, I would desire he may be ask-
ed, whether he hath had any account from the
administrator ?
Edwards, I have seen Mr. Paxton, who I
understand administered. He told me he had
discovered some effects, but he did not tell me
to what value.
Mr. Lutwyche. If tbe counsel for the noble
earl have done, we would beg leave to ask
another question in relation to this matter:
they examine what were the other effects of
Mr. Dormer, we desire to know, if Mr. Ed-
wards can inform us, how long ago this disco-
Tery was ?
Edwards. I can't certainly tell. I believe it
is about two months ago that Mr. Paxton hath
bad administration ; and since that he hath
made this discovery.
Mr. Lutwyche^ It is proper from this ques-
tion that hath been asketl by the counsel for the
noble lord, to call another witness to prove that
there have been effects discovered, and that
there have been goods laid by three or four
years, and almost spoiled, because no care was
taken of his effects.
Serj. Prohyn. My lords, before this gentle-
man goes, I beg leave lie may be asked one
other question, whether he bad not notice bo-
fore Christmas last, that there were other ef-
fects of Mr. Dormar, and from who«?
Edwards. Yes, I believe, 1 bad ; aad when
I understood that Mr. Paxton was the person
who had j taken out the administ ration, 1 told
him of it
£. of MacclesfUld. My lords, I douic bo
may be asked, who it was that brooghl bim
noUoe of these effects ?
Edwards. It was a gentleman that came o«t
of tbe country. I don't remember bis name.
He was a person that lived near the phoe
where Mr. Dormer's country bouse was. I
have forgot his name.
£. of Macclesfieid. Can you recollect if yoa
hear his name? Was his name Goodfeliow?
Edwards. I believe it was. -
E. oi Macclesfieid, 1 desire, if you can rsod*
lect, who he said he came from ?
Edwards. 1 think he said he came from Mr.
Cottinghara ; I don't know that be mentioanl
vour lordship. I understood your lordahip M
been acquainted with it, but not that be ac-
quainted you of it.
Mr. Camphtl sworn..
Mr. Lutwycfte. My lords, f desire thai tlsi
witness may be asked, whether be knows if
any goods or efi'ects of Mr. Dormer being dii-
covered, and at what time, and how long tbcf
bad lain in that place where they were round r
CampbeL In the year 1721,1 did buy apaied
of bops, but who they belonged to, I did not tbn
know ; but since I find they were Mr. DonDcr^
They were 148 bags of hops. I sold 16 of
them tbe same year, 101 since. I boagfat
them of countrymen ; some of one man, sai
some of another. I bought them by cooi-
mission ; but Mr. Dormer was not the oib
that employed me, neither did I receive tlM
money from his hands.
Mr. Lutwyche. We desire to know hmv loo;
the goods did lie in that place where lu'-y w«re$
and whether there were any loi$s Uy i.. * saletf
those goods, being left so long (here :
CampbeL They had lain there simiit three
years, and 1 believe, inoilestly 8|>eaking, tkeif
was about 500/. loss upon them.
Mr. Piummer, I desire Mr. Campbd may
be asked, how he came to know they wot
Mr. Dormer's hops ?
CampbeL I never did know they were Mr.
Dormer's hopSf nor do I still know it, but tf
I am told.
Mr. Piummer. My lords, I desire he may b*
asked who told him so ?
CampbeL This fzentleman told me so [poioir
ing to Mr. Paxton. ]
Serj. Pengelly. Af v lords, we shall now caD
Mr. Paxton, who hath taken out admioistrttioa
by the direction of tlie lords oommissioocit
j of the great seal ; and under that admioiitFi^
tion he liath possessed himself of those effiecti
which were scattered and lay waste before.
8erj. Frobyn. My lords, I beg leave tUj
witness may be first asked oot question: I
tbink ho hath said, that he booght those bofi
by commission, not by the order of Mr. DuM *
nor Ibr Air. Donntr s I dcau« he my '
JitT High Crimes and Misdeineanort*
A, D. 1725-
[938
' Mrhose directian ihey were ke|it so bug by
I?
mpheL He tbat u^ye me llie firders to buy
m\ was not Mr. l><irmi!r, neUher did he
\y tne i\\t mlUlf^y. Tbe reason ibey lay m^
_ WH&t i bail no nnlers to sell them.
\ tierj , J^ roh^ n . W ho w as the person th at gafe
\ onlere lo buy tbem ?
pbcL The person*i tiftme is Mr* Loog-
erj. Pi oiv'J- Wliere iloes this person life?
VCamptrtL He lives at UlioiftoD,
^ mi. Serj, My lorib, I desire this witness
Ry be asked, whether or tio, about the titne
At these hr>pg frere boug-htf they were not
fty cheap, aiul at a low price?
hCatnpbeL They were at a low prire.
ICom. Serj* Whether a great number of peo-
i ha?e not kept hops upon a sup[)oeltioa that
li^ would Tlfiti ?
iCampUl. Yes*, they ha?e, a great many.
ISerj. Frotft/n. I desire be may be asked ,
aether he did not keep other hops as weU as
fsc bv bina, tor the advantage ot a better
irket?
ampbcL Yes, I had sereral other hops
Ufihi in that year that I kept for a belter
^rket, and stilt had a worse. 1 have hups by
i cost me^L SL hundred, not worth now 10^.
iiixired.
. of Macclesfield. How much a bag might
I be?
Uampbet. I cftti't t«lt how many hundred
iy be iu a bag : i can't telJ, because ihf y are
\ weii^hed,
^. ot Maccktfieid. Whereabouts ?
umpbei. Sometimes there are 300, some-
IJ and a half, sometimes 2 and 5 qrt*
Lutwychc, My lords, to explain this
er 1 desire lie may he askeii, whether this
\ he speaks or, ul 4 or 500/. happened in the
etice of the price^ or by tlte hops being
^ll<^a ?
ampbeL Both by the difierence of price,
9 being cheaper^ and by the anti(|uity of the
Ir. Luiwifche, My lords, we desire he may
^iwkeJ, who IS this Mr, Longhead ?
^ fipbti. He keeps a uhop in Islington, he
&ps a t^rocer^s shop.
~Ir. Lutwythe. My lords, I desire he may
\ asked, whether he is not Mr. Dormer's ser-
ttt, or an agent for him ?
f- CampbeL For any thing I know he was ao
l^nt for Mr. Dormer.
Com. Serj. My lords» we desire be may be
askcil, whether, for ought he knows, he was
BOi tu atrent tor Mr. Dormer ?
C^mpbel, I beliere be was an agent for him,
ftitcl I have good reason to believe it, because he
piatd nne all the inoDey, and gare me orders to
ouy the (roods.
£. oi Maccltifield. I desire to know, whe-
ther the witness infer» that Loncfraead was Mr.
Dormer ^8 agent because be paid him money ;
tDight not he have paild bin) tno mocej though
not been his ugem f
L. C. J, King^ Kpeak your own knowledge,
whether he was agent for IMr. Dormer or no.
CumpbeL I never ilid ask him whose they
were ; lie employ e<it me, and I bought the
(^tiods, and did suppos*i they were for Mr*
Dormer. 1 never asked him whether they
were his ijowb or not.
Sol, Gen, Mv lords, we desire that Mr. Pax*
ton may be called, to shew how he discovered
these effects,
Mr. Nich&lai Taxton sworn^
Mr. Lutw^cke. My lords, we desire Mr.
Paxlon may give your lordships an account
what he knows ut* these hops.
Pation, After I bad got leiiera of adminij;-
tration to Mr. Dormer granted me, 1 did make
what enquiry t euuld relating to the eAecIs of
Mr. Dormer. This Mr, Lon^mead came and
ti>kl me of some hops ; that he was servant to
Mr. Dormer, and had biiut^ht them by his di*
rection. Then we went to Mr. Campbel's, who
took out a handful, and said they were saleable,
and would bring in about 2iX;/. He told tne
they co^t 800/. and rt woiiM be best to disptise
of ihem ftif last as 1 could, that there might be
na mure loss. They ore not yet sold, they may
be worth about 200/.
31 r. Lutnt^che. My lords, it is admitted by
the answer, that Mr Dormer absented himself
and absconded. It was notorious, and talked
of by every bi>dy r It will lie upon this noble
lord to givt; an acc4)unt what he did thereon.
My lords, «e will uow proceed to give your
lordship!^ ail atciiunt of thi» ctuuposiiitm made
wiih Wdsou who was iutletiii'd lo Dormer.
This Wilson was a banker, the person tliut Mr.
Dormer entrusted %vith money ; am] upon that
occasion, there being a great tlebt due to Dor-
mer, as is set forth in the Articles), a compo-
sition is made with Wilson on account of that
debt. There were such ilealiogs and proceed-^
ings therein, as will appear to your lordships to
hdve bf en unusual and uowarrautuble. We
beg leave, therefore, to shew your hardships a
written evidence, an order under the hand of
this coble lord hiniseU' for this composition^
though never diiiwn up: And indeed your
lordships will observe, thatthrouffh the whole
cotirse of these proceedings, there is not any one
atlidavit, or any one order, or any rej»ort tiled
intheusunl manner. From whence we may
intier, that it was intended to be a clandestine
thing, tbat nothing might appear of it upon re-
cord, as other thmgs do. The first thing we
shall beg leave to shew is, an as&igtimeiit from
Mr. Dormer to one of the Masters in Chancery
of this debt. When we have shewn that as-
signment, then we shall beg leave to give your
lordiihipB an account of the meibods and pro*
ceetlingg thereupon,
BIr. William Green sworn, and the
mcDt produced.
Mr* Lutwyche, My lords, wc desire th\c
witness may l>e aske^^ NvVve>S\«x \sfc «wi ^>^
deed eaecuudf an4V>^ ^\»mt
939]
10 GEORGE L
Trial of the Earl of MacdejfirJd,
[94
Green, My lords, 1 diii see this deed eze-
euled by tbe late Mr. Dormer : 1 am ope of
the witnesses to it, sod John Jones is the' other
witness.
Mr. Lutwythe, My lords, we desire this
deed may be read.
[Clerk reads.] This indentare, made the stx-
aDd-tirentieth miy of July, a. d. 1721, and <in
the seTsnth year of the reijffii of our sorerdgn
lord Georiife, by the grace of God kiuff of Great
Britain, France and Ireland, defender of the
faith, &c. Between Fleetwood Dormer of
Lincoln's- inn in the county of Middlesex, esq.
late one of the Masters of the Hii^b Court of
Chancery of the one part, and Henry Edwards
of LinGoin*s-inn, aforesaid, esq. one of the
Masters of the said Hip;h Court of Choncery
of the other nart. Whereas William Wilson,
citizen and goldsmith of London, is and stands
justly indditod aato the said Fleetwood Dormer
upon account, in the full and just sum of
S4,046^ 4f. of lawful money of Great Britain,
or upwiurds, as by the books of the said Wil-
liam Wilson may and doth appear : And
whereas the said Fleetwood Dormer is and
stands justly indebted to divers persons, suitors
in the said Ili^h Court of Chancery, in sereral
considerable sums of money, for and on account
of monies brought before and paid to him as
Cne of the Masters of the said Court ; Now,
therefore, for the more speedy gietting in and
recof ering of tbe aforesaid debt, due and awing
by and from the said William Wilson as afore-
said ; and also for the more speedj and effectual
payment of all such sum ancktums of money
as are owinur by the said Fleetwood Dormer as
aforesaid : This indenture witnesseth, that for
the ends and purposes aforesaid, and for and in
consideration of the sum of 10s. of lawful
money of Great Britain to the said Fleetwood
Dormer in hand, paid by the saiil Henry Cd-
wanltf, at or before the ensealing and delivery
of tliese presentK, the receipt whereof is hereby
acknowledged : He, the said Fleetwood Dormer,
hath granted, assigned, transferred, and set
PTer, and Sy these presents, doth grant, assign,
translcr, and set over unto the said Henry Ed-
wards, his execu'ors, administrators, and as-
signs, the saididebt or sum of 24,0-16/. 4f . and
all and every part therertf, and all and every
other debt or debts, sum or sums of money any
wnys due or owing by or from the s;iid William
WilRon to the said Fleet woo<l Dormer, and
every part thereof, and all interest doe, or to
grow due, for the same, and all bonds, bills,
notes, and oilier securities, for the same or any
part thereof. And all the right, title, interest,
property, benefit, advantage, claim, anJ de-
mand whatsoever, both in law and equity of
him, the said Fleetwood Dormer, of, in, to, or
out of the same, and every or any part thereof,
to have, hold, receive, perceive, take, and enjoy
the said debt or sum of 34,046/. 4s. an^ all such
other debts and sums of money as are due or
owing to the said Fleetwood Dormer by tbe
•aid William Wilson as. aforesaid, and every
part thereof, and all the benefit theieof, and all
and singular other the premisaea mto the sai
Henry £d wards, his execntors, administratan
and assigns upon trust. Nevertheless, and t
the intent and purpose that he, the said Hear
Edwards, his executors, admtnistfatora, or ai
signs, shall and do issue, pay, apply, and dis
pose of the same, or such part or parts thereo!
as shall from time to time be bj him ortfaci
'got in and received, in such manner aa the sai
High Court of Chancery shall in that behal
order or direct, for and towards payment »
satisfaction of such debts and sums of monr
as are now due and owing by the sud Fleil
wood Dormer, for, or on account of moaii
bronght before and paid to him, aa one of Ik
Masters of the said Court. And in the mb
time, atler receipt thereof, and until the ai*!
shall be so paid, applied, and disposed of, riiil
and do deposit, lend, or place out the aauN^ m
any part thereof, in such mahner is theflU
Court of Chancery shall in that bahalf ontar«
dhiect. And for the better enabling tbe M
Henry Edwanls, his executors, admuistoafeofi,
and assigns, to get, call in, and receive the aftit-
said debt or sum of S4,046/. 4f. and other ths
said hereby acsigned premisses upon tfaetMti
aforesaid; He, the said Fleetwood DoroNri
hath made, ordained, constituted and appoiutri,
and in his place and stead nut and deputed, ni
by these presents doth make, ordain, coaitiMli
and appoint, and in his plaoe and stead, pat ad
depute the ssiid Henry Edwards, his execatwi^
i^ministtiitors, and assigns, his true and hisrM
attorney and attornies irrerocable for hia tki
said Fleetwood Dormer, and in his name ; bit
upon the trusts aforesaid, to ask, demand, IM
fur, recover, and receive of and from the tii
William Wilson, his heirs, executors, or ad-
ministrators, and all and every, or any ete
person or persons whom it mar concern, ihi
aforesaid debt or sum of 34,046/. 4s. and sikff
the said hereby assigned premisses, and evirf
or any part thereof upon the trusts aforeaii;
and likewise to compound for the same, sai
every or any part thereof, as he or they shall ii
their discretions think (it, and upon noopsf*
mentof the same debt or sum, debts or
or any part thereof, or brin^, commeocei ad
pn)secnte such action or actions, snit or ssilli
either at law or in e(|nity, or elsewhere, fortki
recovery thereof, as he or they shall be ad-
vised ; and on payment thereof, or any ^
thereof, to give receipts and discharges fortbv
same, and one or more attorney or attornia for
the purpose aforesaid, to make and coostitsiib
and at pleasure to revoke, and generally to d»
and act in the premisses for the recovering sod
obtuining of the said debt or sum of 94,046/. 4f*
and other the said hereby assigfned preniia0i
and every or any jiart thereof, as fully sad ef-
fectually to all intenU and purpoaea as be Iki
said Fleetw(X>d Dormer, his execolors or ad*
rainistratora might have done; giving ^
hereby granting unto the said Henry £d«iA
Ins executors, administrators ind asstow, ^
fuU and whole power and aatborityorMfiN
•aid Fleetwood Jkfma^ ia aii2 abtdl IH
Jw High Crimes and Mitdemeanofs.
A. D. 1725.
?s opoD the trastt aforesaid ; bereby i
fy ooofinninff, and allowing all, and
T the saiu Henry Edwards, his
rs, admiiiistratora, or assigns, or his
r attorney or attomies shall law-
>. or cause to be done, in or aboot
itnisscs by Yirtue of these presents.
said Fleetwood Dormer doth hereby,
self, bis heirs, executors, and adiuiois-
covenant, promise, and afs^ee to and
i said Henry Edwards, his executors,
trators, and assigns in noanner follow-
at is to say, that lie, the said Fleetwood
, hath nut receired, compounded, re-
r discharged, or consented to the receir-
m|)ouncliiig, releasing, or discharging
1 debt or sum of 34,046/. 4t. and
18 hereby assigned premisses, or any
reof, and that he, his executors or ad-
itors shall not, nor will at any time
T, receive, compound, release or dis-
the same or any part thereof, without
sent of the said Henry Edwards, his
rs, administrators, or assigns, first
to had and obtained in writing under his
hands. And further, that he the said
od Dormer, his executors and admi-
ts, shall and will, at the requests, cost and
of the said Henry Edwards, his execu-
miuistrators, or assigns, make, do and
, or eause and procure to be made, done,
cu(ed, any further or other lawful and
ble acts, deeds, powers and authorities,
better enabling him, the said Henry Ed-
its executurs,ailministrator8,andas8igniy
or, recover, and obtain the said debt and
es hereby assigned, and every or an^
Teof upon the trust aforesaid. And it
liy declared and agreed, that the said
Edwards, his executors, administrators,
ns, shall not be charged or chargeable
* aceouiitable for, any more monies than
lev shall actual ij^ receive, or shall come
'tucir hands by \irtue of these presents ;
t it fchall and may be lawful to and for
I Henry Edwards, his executors, admi-
n, and assigns, in the iirst place, by and
he prcmi>scs, U» deduct and reimburse
d thtiaselves all such losses, co^ts,
I and expences us he, they, or any of
liali sustain or be put unto,'by reason of
It hereby in him reposed, or the nianaf[e-
r execution thereof, ur any other thing
wise relating thereunto: In uitucss
f, the said parties to tliesc presents have
to interchangeably set their hands and
leday and year first above -written.
Fj.JLliTWOOD DuRMEB.
Luivyche. The next thing we shall
your lordships with iu relation to this
ti the composition, is a Petition oi' iVIr.
lb, to which there is an answer. The
it writ by Mr« Cottiugham, and signed
noble lord. 1 mentioned to your lord-
Ml BD order is drawn up upon it : no-
ifpnn IB poblic : tlicraiore wo nuit
beg leare to prove the EarPa
t9tt
hind to this
ordier made upon this Petition.
E. of Macciesfitld, after taking the Petition
in his hand, and looking uptm the name sub-
scribed to the Answer ^written upon it, aaid^
My lords, this is my band.
IClerk reads,]
To the Right Honourable Thovai Earl of
MiccLEsriELD, Lord High Chancellor of
Great Britain : The humble P£TmoN and
Kepreseiuation of Henrt Edwards, Esq,
one of the Masters of the High and H<h
Dourable Court of Chancery.
Sheweth, That William Wilson, citizen and
goldsmith of London i?, and stands justly in-
debted to Fleetwood Dormer, esq. late one of the
Masters of this Court upou aocount, in the full
sum of S4,046/. 4j. as by the books of the stid
William Wilson doth apd may appear.
That the said Fleetwood Dormer is and
stands justly indebted to divers persons, raitort
ill this Court, in several considerable sums of
money. And fi»r the more speedy getting in
and recovering the said debt, and efiectnal pay-
ment of all such sum and sums of money an
are owing by the said Fleetwood Dormer ae
aibreaaid, the said Fleetwood Dormer, for thai
end and purpose, hath by indenture, bearing
date the S6th of July 1781, granted, aflsigned,
transferred, and set over to your petitioner, bit
executors, administrators, and Assigns, tbe said
debt or sum oft* 94,046/. 4f. in trust, and to tbe
iifttent that your petitioner shall pay, apply, and
dbpose of the same, or such part thereof an
shall from time to time be by him got in and
received of and from the said William Wilson,
in such manner as this Court shall order and
direct.
That it appears to your petitioner, that the
said William Wilson it indebted to divers other
persons in great sums of money, and for some
time hath not been able to carry on his business,
or to make good' and pay the said debt eo as-
signed to your petitioner; but hath lately of-
fere<l to your petitioner and his other ereditore
to come to a composition, and to pay them in
proportion the utoDost he is able. And your
{letitioncr, doubting whether he can with safety
to himself agree to any such coro|H>sition,
humbly prays your lordship would be pleased
to refer it to one of the Masters of this Court,
to see if such composition, so proposed by ihm
said Wikon, be tor the benefit of the persona
intituled to receive the same. And your peti«
tioner shall ever pray, &c.
30M of June, 1789.
Be it as is prayed, and to that end let it be
referred to Mr. Hiccocks one of the Mastereof
this Court, and let tlie Master speed his report :
aHer which, such further order will be made an
shall be just; of which give notice forthwith,
>UCCL.ESFICU»» C.
Mr. Lutvyche. My lords, I beg leave to tnk^
notice, tbet in thie reUliivi it it expreftly re*
043]
10 GEORGE h
Trial of the Earl ^MaceirffiMf
ritedt that Dormer was inrlpbied to the suitors
the Court^ aod that beinLr so, we &()|»reheiul
the greatest care should liare been taken for
tUeir l»etieftt. Your lordships sball see, io the
ttro^esa of this thiuef, how it wvls transacted.
1 beUe?e any person that is coocenied m the
Court of Chancery bath not known such a pro-
cecdiog' in the most trifling- matter wfint«iK»ver.
My lords, the next thinjg^ is a second Petition,
iaid to he with a report annexed, but wc can*t
find it filed ; here is a p^pcr of Wr. Hirrocks
pot sinmpt nor tiled, which we do iip[»rphend
to be the report laeiint, and therefore we desire
that may be first read*
iCierk reads,]
Whereas by an order made by the right hon,
be Lord Qigh Chancellor of Gnat Brilain.
the 30th Juue last^ upon the hutnhle Petition
of Henry Edwards, est]. ; one of the Masters
of this Court, 1 am directed to see if the com-
nositiun in tlie said order mentioned, to be of-
fered or proposed to be made by WiMtam Wil-
son, citizen and E^ollsfoith of London, to the
said Mr* Edwards, as assig-nee of Fleetwood
Dormer, esq. late one of the Masters of this
Court, who was a creditor of the said William
Wrl90p, for the sum of 24,046/. 4^. in the said
Petition incntioued, before the benefil of the
uernonH entitled to receive the same. 1 have
I»een atiended by the said Mr. Edwards, and by
the satd William Wilson, and considered of the
te? eral matters by the said Petition and order to
me referred. And the said William Wilson
bath under his hand In writitiijr proposed to as -
aign over to the snid IVIr, Edwards (m a corapo-
iltion for, and in full dischar^fe of the said sum
•f ^i,04tj/. 4f.) the sum of 10.000/. part of a
larger sum due to the said William Wilson,
from Edward PouUer of Hackney, in the
county of MiddleNex, gcat. and to pay to the
said Mr Edwards in specie the sum of 1,463/.
2s. If/, over and above the sum of 560/, already
|iaid to the said Mr Dormer \^ part of the said
composilion. And upon consideiaiion bad of
tihe circumstances of the said William WiUon,
and the suid several matters, I am of opinion
llmt the acceptinjTf the said composition will be
for the benefit of the person or [persons crilHlefJ
lo receive the same. All which I htimhly cer-
tify and submit to bis lordships HtccocKs*
_ Mr. Lniuyche, Now read the Petition of
■ Mr. Edwards, and the order thereitpon.
■ iClerk reads,]
^^^ ** To the Risfbt Honoarable Thomas Earl
i^^^L * of Mttccleslieid, Lord Ili^h Chancellor uf
^^^K Great Britain,
^^V «« The Humble PeTmoN of Henry Edwards,
^^^^B Esq. one of the Masters of the Fligh and
^^^^B H ouourable Court of Chancery,
^^^ «« Sbewtlh,
H '* That upon yniir Petitioner's former Petition
■ preferred lo your lordship reltiting^ to W' illiimi
nilMD, dlixep aod goldtmilb of Loudon, your
\
lordship the SOtli of June last tras pitastd w
refer it to Mr. Hiccocks, one of the ^la5i«^r^ nf
Ibis Court, lo see if the cuir^;
in the said Petition and order
the satd Wits<»n» would be for iU*i Wut:iUw{|
persons eutillcd to receivi? the *?ain»».
** That the said Mr Hicr
attended by your petitiooct
suOf hath, nursuant to yout ionlsU
order, made bis report, dated the tM
last, whereby he certifies, ihat he is < _
that the accepting of the cntn position, m [
report mentioned, will be for lite benefit of J
person or persons entitled to receive the
as by the rci^ort aniieteit.
" Wherefore your |»etitiooer most htin
prays your lordship to take into your o6
deration the matter of the said report, ao
order your petitioner io accept of the said c
position upon the terms therein mentioof^
your lordshijishaUao think fit, or toraakei
other or furtlier order in the premises as to i
lordship shall seem most meet*
<* And your petitioner shall ever pny, t
*» 3rf Augutt, im
" On the Tleport anueifeil be U as is |m|
Of which give notice forthwith,
♦' MAccLCsritij>^C.*j
Mr. Latw}fche, My lords, 1 must L^
to make one observation upon this, thal^^^
bte lord ma^ explain it, for I betieve tliemSl
precedent tor it ; when there is a comp ^'^
thus to be made, and thus referred, i
port hath been made, the prayer of the J
IS, That Mr Eilwards may be ordered tH
of this composition, or to make such oil
dev as his lordship should think Wx.
swer to it is, Be it as is prayed, of which j^irs
notice forthwith ; by which *i suppose the i
ties understood that it was onlermyp Mr J
wnnlsto accept of this composition. No*
wonderful U> me, if he was ordered toi
the composition, why it is Siiid> Cijri
forthwith. What? when the tiling
Besides, there 'u another thiog more i
to whom should such notice 1^ ^iven ?
fo the suitors of the Court. But it ti
known his lordship bad not aji] / " ny i
citor for the suitors of the Co , , ij \
no notice. thou;>'h there is a st-nuiidiu ti or t[
of what is done in other cases. We sUall
leave to shew next to your lordships, I
orders on these petitioos, tliis report^ i
proceedings, were not one of them 4
filed as orders usually are.
Mr. Plummcr, My'tord^, I bf sr leave ta4
one oli^ervation beibre f
The Pclilion is by Mr i ^^nlv*
the Mastern, and it is, thui my lord
tield would he pl*>4ised to order !nm t«>;sc
tlie composition. None of tfi
Court, who were the persons t
the same, arc petitioners.
Clerk reads two Certificates Irorn^ andi ^
by Edward GoUBbrutigb, deputy j«gUter»'t
fifT High Crimet and Mudemeanors.
[946
were no such orders entered, nor no aiieb
epori filed.
Mr. Luiwuchg* My jorils, l(je composLiion is
jneil by William Wilsoo. I <I*»sire Mr. Ed-
krds mmy be asked ^ wbetber he knows Mr.
^ilsou's ham! ?
Edwards. This is signed by Mr* Wilson ;
^is Mr, WikoQ^s hand,
ICUrk rends,]
' " Whereas a suit in Chancery is now de-
riding bftween Mr. Eilward Poulter of
Rckoey and myself, fi»r ike sum of 23,060/.
^d. which [»e afijreed lo pay me for and
on clo^iot: &U Accompli between us: and
liereaa Fleetwood Dormer, esq. late a Muster
kibe High Court of Chancery, being indebted
)diters pei-sops, s^irtors in the st^id Court, in
feral considerable sums of money, fur und
i ftccount of money brought belbre^ and paid
Irbim as one of the Matiters ut the »aid Court,
fthe said Fteetwcmd Dormer^ for tlje Ijttter
■jment liiereof, did by assignment, dutecl the
*i of July, 1721, aWij^n uver to Heury Ed-
e»q. ooe of ilie Masters of the said
m lUbt or sum of 24,04d/. 4f. which
I and is due and owiug Ironi me to him,
f said Fleetwood I>ormer : And whereaii I
incapljle of paying the said debt of
k,046/. 4t. did Intely pro^se as a coinpositioii
r* aoil in full diHchnrife tit the same, to assign
f the said Eleiirv Edwards the sum of 10,000/.
Lof the sunt <if 'I2,i)60L l^s, 5d. due to me
the said Edward Poulter; us aforesaid;
likewise to pay to hinif the said Henry
iirards, the sum of U453/. 2f. Id. in sperie,
p and above the sum of 560/, before [»nrd to
>«itft Mr. Dormer, in part of the said com-
Lion: And wliereas on a petilinu preterretl
ilbe right hoouurable the Lord High ChRn>
jlor of Great Britain, by the said Henry
i wards, rejiresenting the matter of the said
and after several subse([iienC pro-
diogii bad upon the said Petition, Win lord-
.pleased, by order dated the 3rd of
jiial, 17*8, to order the said Henry Ed-
irds to accept of the said compt^silion : and
said Henry Edwards having thereupon
' to accept of the said composition, ac-
rdingly I tio hereby, in consideration thereof,
lign over lo the«iaid Henry Edwards the sum
' 10,000/. part of the sum of 32,050/. Iti. 5d.
Pto me from the said Edward Poulter as
resaid, bnving already paid him, the said
Edwards, the other sum of 1,463/, 2s. Id.
lore- mentioned. And I do hereby promise
ay to the said Henry Edwards, esq. ftr his
the said sum of 10,000/, on my reco*
ring the sum of *i2,060/. lis. 5</, afures^ud,
^)r othei'wise to |Miy him a like proportion of
wlial I shall recover, more or less, from the
■Ud Edward Poulter. And I do hereby fnr-
H^ promise, that I will not do any act to
^Ecmnber or discharge the demand I now bare
BBtoat the said Edward Poulter, wtUiout the
^MMQl of the said Henry Edwards, And
ii^OTMi the said Mr* Edwards doas noif ao*
VOL, XVI.
cept of tho s&id composition, 1 do hereby
dei^'lare and agree, that il I do not on demand
pay him the before- mentioned proportion of
what 1 shall recover from the said Edtvard
Poulter as aforesaid, or <lo any v\ ays diacharije
the demand 1 now have at^ainst him, without
the consent of the said Henry Edw ards^ Uiat
then Uie said C4im position no made by the saiil
Edwards, sliall be void, and of no effect, as if
it had never been made. And I do hereby
funhet promi^e« 1 will at my own charge pro-
secute the said suit, and also do and execute all
further and other acts that shall be necessary
for the better assigning lo the said Hcniy
Edwards, esq. the before- mentioned proportion
of what I shall or tnay rt'cover as aforesaidi
from bim the Haiit Edward Poulter, as he the
said Henry Edwards shall at any time require*
Witness my hand ibis SBth day of Au^^ust^
1732. William Wiuom.
** 3 l9t of October, 1734. Paid to Henry Ed-
wards, esq. the sum of 1,000/. in part uf ihil
note of assign in en t. William Wilson/'
Mr. Lutut/che. My lords, this composition
which hath been read to your lordships, h re-
cited to be in full satisfaction and discharge of
Wilson's debt. Now we beg leave Mr. Ed-
wards may be asked, Whetlier he mnde any
application to the earl of Macclesfield, before
the first petition was preferred ?
Edwardt. My lordjj, I bad received pro*
posals from Mr. Wils^on ; he came to me and
told me, lie had a sum of money in bis handa^
and was willing to pay the debt to I^Ir. Dormer,
ill proportion witii his other creditors, and
asked me whether I wouhl accept of a corapo*
sitiop, and gi¥e him a discharge in full f I loM
him I had no povi^r to make a com position,
hut however, I would represent it lo some of
the Masters ; and accordingly I spoke to 51 r^
Htrcncks, who was then aeuior Master, and
told him the proposal Mr. WiUon had made;
and i believe I mentioned it to others, but es-
pecially to Mr. Biccocks, he being the senior
(blaster, and more particularly concerned in
Mr. Dorraer*s aifaijis. Mr. fliccocks was of
opinion 1 could not safely make a composition .
I asked, What method then was the most
proper to be taken ? Jf that was really all he
had to pay, J had better secure that than have
notking. He said he did not seo why it might
not be in this case as in other casea ; whether
upon a petition to my Lord Chancellor, be
might not direct an enquiry to be made by a
Ma&ter, whether it wt»s fur the U-nefit of tho
parties to make such GOmpo<ittjou or not f
Upon that I waited upon my I^ord Chancellor,
and acquainted him with Mr. Witson^s pro*
poaal. I told his lordship^ I thought I bad not-
power to do it. He said, I think so too ; I-
don't see that you have power to do it 8aid
J^ I am informed that it is usual in cases of
this nature, to apply to the Court by petition*
that it rosy be referrecl to a Master, to see
whether the accepting of this CQt^^«\\^\i>a%
ibr tbft. h«a«tit ol i^« \^ax\x«i uc^i^naT\i«4. ^^ ^^^
917] 10 GEOHGE I.
Yt%, «avs my lord, 1 thittk that is very proper,
tbaf vt'iH iDtlf^rnmiy you^ I would liiivf> you
prefer a petition j ivhich •ccorrliojrly * J'^-
Mr, Lutwychr. I tvoiild beg leare to ask In
relation to Mmi he ini*rilions/that it was taken
sotiee of ihat lie had no poiver to make inch
teoitifH^iiJon, whether any thing" was said whc-
Flber my lord J^larcles^firld had such a power F
Edmurdt, No, there was nothing said of
Mr. Plummer, My lord*, 1 desire toi^ may
a iked, whetiier aliy of the suitors «ere ac-
iiiini^ ^ftth this intended oonipositinQ ?
Edveard$, No.
SoL Oen. Did my lord Maeclesfteld gire
tiy direction to give nolice to any of the
■uitoraf — Edward4. No.
Mr. Fiummer, My lords, 1 de«ire he may
be aaked, if he himself att em led Mr. Hiecocka,
when Mr. Wilsou was before Mr. Hitcocks?
Edwards. I am not sure 1 was there at aoy
tte with Mr. Wilsoo,
Mr. Plummet. If he knows what methods
were taken to know what Mr. Wilaou was
worth ?
Edmards, f understood that Afr, Iliccocks
and Mr. Rogers, the two senior Masters, upon
Mr. Dormer^s abtsentrn^f himself, had Mr.
DormeiVaccompts laid before iheni, and that
ihey were directed to inspect those matters;
*od I was informed they did bok iot(> Dormer's
hook«, and had also the perasal and inspeeiron
of Mr. Wilson's books, to see how Mr. Dor-
iner*8 affiiirf! stood in those books,
Mr. Plummtr. My lords, I dexire Mr. Ed-
wards may be asked, if any body was em
but
ployed for the suitors on their behalf?
Edwatdi, ] was before Mr. Hiccocks,
not present with Mr. Wilson.
Mr. Pittmmcr. I nsk if any body on the
tiiitors' behalf was before Mr. lliccoeks, when
BIr. Wilson was there, to see and cross-cjta*
mine him ?
Edvardt. I don't remember there was.
Serj. Petigelly, My Tords, 1 desire Mr. Ed-
wards may be aske^l, Wliether thii Petitioti is
of his own hand'Wriling?
Edwiirdi, No, my lords,
Serj. Pc/tgeliy. Do you know whose tt is ?
Edwards. It is my clerk's band.
Serj. Pcngdly, VVheiher the two last lines
were struck out before the answer to the Pe-
tition, and by wliat baud ?
Edtcards. I doti't know when they were
■truck out.
Serj. p€iigeU^, My lords, we will heg leafe
to mention what it is. At the end of the fii-st
Petition^ the Master desires an indemnilicaiion
by the order of the Court ; part of the Pe-
tition i^, that he may he itidetnnifiLHl and sated
harmless in making such composttioo. But
that is f<truck out bctore the answer, which
ihewS} as I humbly apprehem), the very notice
that tl>e earl of Macclcslletd himself took,
how dangerous and hazardous thai transac*
liou was.
Rmd th9 words.
Trial of the Earl ofMaoOcMjUld^ [94B
IClerk reads.] " And thai your pelitjQtier
mny be indcmniOed and sated hamiloi ni mk-
ing such composition/'
8erj. Pengelijf^ Do iheie words aliail wm
in the reading ?
Citrk, No, they are razetl ont^
Edwardi. I reuteukher this was m p^pcr dial
1 laid before the honourable eoaiftitttee. I
was a little surpri/cd to see thiMe w^rds and
out ; but when they were struck qui i caa^
say, nor by whom.
Mr. Lutuyche. 1 desire he may be asked, I
they were struck out before he deliterfvi til
Petition into the committee f ~
Edwards. \ es, they were*
Sol, Gen* My lords, we desire tie may
askeil, how rouoli he hath received of this
position ?
Lord Lechmere, I desire him to
himself, whether these words were stni<
after the Petition dclifered, and betar«
order made by the noble e;irl ?
Edwards. 5ly lords, I dun't retiieinber(
to hate taken notice^ that those words
struck out, till 1 had occasion to look fiirfli
by it before the committee.
Lord Lcchmere, Whether he liatkany
whether they were siruck out hel'ort tlii|
were delivered into the coanniitee?
Edwards, They were struck out heSmt I
delivered them into the committee.
Sol. Gen* In whose custody was this Pi*
lilion ?
Edirardi, I believe part of the time in Mr*
Uiccocks's ; Mr. Hiccocks s«qi it to tnei lad
1 have hud it ever since.
Serj. Pcngetly. Whether he struck nut tbcn
words that were inserted for bis own todcMii^
fication ?
Edwards. No, upon my oath 1 did uot.
IL of Abingdon. As I apprehend, there wtt
no commission of bankruptcy ogaJnsi Wilmi)
therefore I would kuotv w hat method was
to inform the Court of the real suhniance
jibiiity of Wilson before this composition
made ?
Edwardi, I know of no other applicotill
made to the Court by Mr. Wilson.
£. of Abingdon* Was W ilsou examined i
oath ?
Edwards* Mr. Hiccocks told me that
Wilson had made an affidavit that this
money which he proposed »s a eomi
was what he was able to pay m
with the rest of his crediton, nJld that
grounded bis report thereupon.
Air, Lutmtfche, Was this affidafit ever filidf
Edwards. No^ my lords^
SoL Gen. My lords, we desire he nay fiit
an account, bow much he bath rscsi? cd of tbif
iO,OOQ/. ?
Edwardi. The first sum was L400 and odd
pounds, and the sum of 1,000/. since.
SoL GetK How much of this was of tl»i
\
lO.OOQLf^Eduaid*, Only the 1,000/.
SqL G$n> Whit is blooms of PonllSf f
ftif High Crimes tind Misdemeanors,
A. D. 1725-
[950
Edwards. Wilson hatb tolil me Ihat he is in
iolland or Frauce.
SoL Gen, WLiat was his cbartcter, is to sub-
Mjce ak the tirae of bis ctirnpoaitioD ?
Kdwardi. i never met any builj? that could
PTC an account of liis cliaracien All I lieard
rhim was from Mr. Wilson himself.
Mr. Lutwyche, My lonb, J desire he wonh!
quaint your lordihifis^ when the 1^000/. vras
1?
Edwards, I can*t recollect exactly the time.
Mr, Lutwyche. As near as you can, before
'since Christnias?
Edwardi. I helieve it was in September or
ctober l&at ; 1 believe in Ociufaer,
SoL Gen. I desire Mr. Edvrards may inform
Dur lordstiips uliat he thought of Poultcr at
' time of the composition, whether he looked
on him aa a man of suhstauce ?
* Edmards, I could make no judgment of the
la ; I never saw him before; I know no-
liog of him, otherwise than as Mr* Wilson
me*
>SoL Gen* Tbat is no answer to my nuettion,
llieh it« what his opinion was an to big suh-
f at the lime of the com position, whether
\ would have trusted him with 100/, ?
Edwards. I can't tell what answer lu give to
Wilson represtnled him to ine as a man
Me to pay the debt ; and Irom his represtuta-
'e»d I believed that Pouller was sufficient
SoL Gen, Whether he enc^uired into Poul-
r*B character ?
Edwards. There was nobody 1 knew to en-
quire of.
Sol, Gefi. Did he enquire, or did he notP
Edwards, I asked Mr, Wilson as many
stions as I could, and what his opinion was
out him. He told me be believed he was
i to pay his debts, and he lold me one Hel-
f a Jew, who was his hatl^ could tell his sub*
nee. 1 happened to meet Helbnt at the
iiubow coffee-house, and 1 asked him if he
lew PouUerP He said Yes. Says f . Is he a
of any subsUince, what is he ? No, says
, I believe he is in very mean circumstances.
biB is all 1 ever a^ked.
^Soi. Gen. What was your opiDion of this
a's abilities?
I Edwards. My lords, 1 told you that as to the
ouni ( had of htm, Mr. Wilson s^ve me a
at assurance that he was a man of ability.
• Mr, Plummer. 1 desire he may be asked ^
Ihcr Mr. Wilson hath not paid his whole
bt to several other creditors f
Edwards. I am infornped he hath paid his
full debt to some creditors.
Mr, Plummtr. My lonls, 1 desire he may
l»e asked, what directions he received from my
lin^l Macclesfield to enquire into this man's
circumstances ?
Edwards, 1 had no directions.
ifr, Ptummer. Whether any enquiry was
foade by the earl of Macclesfield?
Edwards, Not as I know of.
Mr. Lutaycht, I think he menti'oned one
fiLdbtii as bis boil : I 4«sire to kaair^ wiicUier
there was a suit commenced for titis debt as-
signed f
Edwards, I understood it was for this debt
asstgiied whifh Wilson recovered at law.
Serj. Pen^ttly. My lc»rds^ 1 desire he may he
asked, whether Mr. Poultcr hath nppearcd
here and been esteemed solvent, or a person
quite gfone away ?
Edwards, I have not s^'n Mr. Poulter» nor
any that have seen hinii for some considerable
time.
SSerj, Pengelit/. My lords, 1 beg leave 1o
make one observation^ and it is to save your
lordships' time; thsit is, that yon would be
pleased to ob«ierve in the ^roceedintfs u[Mm this
Article, the several acts and orders made by
the earl uf Macilestield relatmir to this defi-
ciency of Dormer's, do tuke notice of his deti-
ciency, and you will find the Cnrl himself
doin^ one act which muken a deficit ncj ; that
is, compoimdiiig a dt^bt due iroui Wdson to
Dormer; and iberpfore those orders having
been read before your lorilsbips, you will |>leMsa
to retain them in your memory* tdl we come
tti the Gth Article, wherein it is charged ihat
there wa;* a deficieiiCy in Dormer's oliicj . and
there we shall shew that this nobh; lord de*
clared that he never knew of any deficiency ;
and by an order made in Court, pronounced by
himself, he then did direct thut a Maitter should
enquire if there was auy deficiency in this of-
fice ; so that those public acts wonH be iieces*
sary lo be read over a^in upm that Article^
hut as now proiluced, will be sufficient to pniva
the notice ttie noble earl had of this deficiency,
and that even be made part of the deficiency
himself.
Mr, Lutwythe. My lordi*, we have done upon
these two Articles we have opened.
Serj. Probyn, My lords, if tlie gentlemen
have dimet we desire to ask some questions;
and first we beg" leave that be may be a^ked,
whether any of the Masters were acquainted
with this agreement or compoiiition with Mr.
W ilson ? \ ^
Edwards,* I don*t remember that any wert
but Mr. HicCocks.
Serj. Prob^n, My lords, we desire be may
recollect whether tuere was any consultation
between him and any other Muster, as lo the
manner that this composition should he made
before it was accefjted» and whttber it was a
reasonable composition or not ?
Edmards, I mentioned it to two or three
other Masters at the public office, but 1 ean*t
charge my memory particularly who they
were.
Serj. Prohyp, Was that before the time that
the composition was made ?
Edwards. Before the time I applied to my
lord l^lacclesfiehK
Coin, Scrj^ My lords, I desire that Mr* Ed*
wards may inform your lordships trom whom
it was that be received this information, tbat
several of the creditors of VVilson were paid
their full debts?
£dif artit, tb» to^^«c»ii^toX\ai«\a^^^
I
ysi]
10 GEORGE I.
Trial of the Earl of Maede^^tU,
[9»
I
wa» sir Laurence Carter ; I happened to be at
his ctiambers, and naming^ lo me the aflair of
iVibou, iw told me hi^^ brotUer, Mr Tiioma^
Carter, \m\ received i'2i)l, which Mr. WiUon
owetl him, aud which was his wholo suiHr
Com. Serj. 1 desire to knuw when it was that
he receivt.'d that sum f
Edu-ardi. There was no time mentioned
when that wan paid him : as near as I can re-
collect the time» viheu sir Laurence Carter
told me iliii*} it wati s«>or) aAer live compo«itiou.
Cum, Scrj, My lords, 1 desire he may recol-
lect, whether thii payment was made heture
tho coinpOiiUion or after ? Did nut he say it was
before the cuai(»osiiton ?
Edwards, No, I do ii^t remember that.
8erj. Probyn. J desire he may he asked ^
whether he knows any thing* of this payment
to Mr. Carter ai his owi kiiuwledgef
Edwards. No, I dou'l know it of my own
know lei) je, but 1 hrlieve it to be ver}' true.
8erj» Proh^n. Since he had this inlorniatiun
of out- ileljt beaifj- pajd entirely, tlioiiKh he had
compounded with olherij, I desire he may be
asked, whether be efcr charged Mr* Wilson
with it ?
Edwards. Yes, my lords, 1 did ; a little after
I went 10 Mr. VVihoti, and 1 told him that 1
was informed he had paiil Mr. Tliomai Cnrter
hid full demand, aud it was rumoiirfd about
ihat be had paid seferat others their loll di^'hUi,
and that it looked unfair. Says he, this mo*
tiey wa^ lent me by mv particular friend^ to
pay of)' some little itra^'ifliui; debt^i to keep me
up in my budinesB, auif ihereforc 1 was uonil-
lm|t he bhould h>itf it.
Serj. Prt)byn> Whether did he apprehend
this lo be a new dtbtcoriiracted since his iaiiure,
or an old one diw bt-lbre?
Edwardt. 1 donH know when the debt was
contracted.
Com, Strj, T apprehend lie lays, that Ibis
money was lent him by some friends to set him
up again F
Mr. Liituycht. Really, my lordfl, we wouW
not interrupt ihe gentlemen, nut f take it, what
they are going on with is not evidence. We
must submit it, whether what Mr. WiUon said
IS evidence) either ou the one side or on the
other ?
Com. Serj, We must humbly he in your lord-
ships judi^Qient, whether this kind of evidence
be not a* proper on our side as on the other ?
Most of tne evidence Mr. Ed^ardi has given
to aflbct the nohie Earl, has been only inrorma-
tions he has had from Wibun or sir Laurence
Carter, and yfii now the learned Manafjer oh*
Jects the same informatiun mn'sX not be ad
mitted as evidence on the other side. 1 appre*
bend if any fiivour \^ to he sliewn on r it her
side, it should rather goon in the support of io*
Dooence*
XorJr. Go on, go on.
Sol, Gen. My lords, we don't oppose their
going on, we onfy be;^ leave to set your lord-
•htps right. We did not give a tittle of evi-
Jer<^ of whAt Mr. Wilsoo iiad; m^ bs^^e
proved the petitions, we ha?e prof ed ihcofdtri,
we have proved the facts ; we iliii not atabwi
a word otsir Laurence Carttr, it aprvng Imi
this exs mi nation ; but we are witHo^ Ihiy ntf
go on, if \Mir htrdfthips think tit.
E. of hUcdtkfitld, My {Qtik%, I BMMcfaniA
tliere is no occasion to givv your iorimipi •»
trouble. If whar litis geotlenmi lislli moK
with relation to Mr. Wilson's payaitnl li Hi
creditors, is no evidence, it nee<ls ttoaoswir.
CQm Setj. My lords, we d^ire that Mr. £4*
wards may infurm your lord^Utpa, wli«th«r «r
no there was any consultation among lh€ Jf'""
ters relating to this matter, and what llieir <
niun was?
Edwufdt^ 1 donU kuow of any consultali
about it.
Cum^ S€rj. We desire iliat he may m
your lonlhbips, whether he made any i
leiii^ment tor his beiuEr admiiK^d into f
aud to \v\\Qn\ this money was pak), audi
purpose, and bow spplied ?
Eduards. My lurds, the steps I took to I
admitted inm my office, if your lurdsbipi« t '
give roe leave io trouble y**ur lordwhips <
the narrative, were these : first* 1 ^ppticd H
Mr Godfrey one of the Masters, with whom!
hnd most acquaintance : I told hioi I kn'^
Mr. Dormer'*! office wuutd be dispoaed oi';^
told 111^ he believed it woukl. Saya^*
could be acc€pte<l J bave some
ti eating for it. What is the usual mi
those cases to be recommended to
Chancellor? Says he, You must apply I
lord*s secretary, Mr Cottingham ; accord
ly T did, and 1 tokt Mr Cottingham tbat 1 1
heard Mr. Dormer't office was to bo dJiptid
of Mr. Cottingham told me il was to bv ii>
poaed of 1 then talked to him about iba ttfon*
Sir. CottiiHf bam told me. At t^ the orJca MJ
the persoO) my lord Hicoleafiald bad 1
tirely to the other Mastenv; tbr whatac
place could fetch, was intended lo go I
making up Mr. Dormer's deficiency*
that, my lords, 1 went again to Mr. Go
and afler a meeting or two, I oooeUided lo \
5,000/. if I could be Hdmitt^. Wb«
Gtidfiey, or Mr. Cottingham, or who \
my lord, I can't tail. I had not tbo 1
lea my lord till 1 was ad mitted : but i
lertns 1 s^uh approved. I had directiouSt 1 4
say whether Mr. Godfrey or Mr, CoUuigbifl
gave me the directions, that 1 should p«^ Of
money into Iho hands oi Mr. H^ers ilia Ik
senior Master ; accordingly 1 did pav 5,0
and in tlireo or four days aUer, 1 had 11
nour to be admitted and sworn iiu
Mr Strange. My lords, 1 d««ira boioajrl
asked, whether at tb^timeof bisadmiitioQaif
presents were made by hitn to the «ari oUMia*
clcsfield, or to his secretary ?
Edwards. Noa« at all, but llie
fees as usual in thos« eases.
Mr. Strange. W hether at tha time lia •flnrf
to pay the sum of 5,000^. for iho offiiMvWal^
bow the money was to be appUad P
^ EdmnLTdg. Yea, Mr. Qadfray told U ma wta
Jot High Crimes and Misdememors*
I went back to iitni from Mr Coltin^^ham ; I
~ neiuber to hare a^skeil tntn seFeruUiueslions,
1 mJile biin several ^ropusaU relating lo tbe
|c«*!it I'ur wr (lifl-er<Hl a g^r^at deal about tt9
Jue ; f Ihtuk I first |irci}iO!M:d 3,000/. for it ;
he iliiilikiii^ lUai uiiil some other oflTem 1
', him« ] 4le9(r€il to know how imich it was
Foril MaccltJ^field insisted upon ? To which
lADSweretl, that it was not my lord's inten'
m to take any thinij;' for tbe admittance, but
at he had leii U to the ili^posal ot tbe Mas-
, to make the most of it for Ibe benefit of
t office.
[Com, Serj, Whether he knows tiow this
uey was disposed of, and to what use cm-
byed?
\£iiwardt, I can't remember the lime» hot
\ short lime beforts Mr, Rogers surrender-
bia office, be paid me hark this 5,000/.
'cb i» ill a little time^ puid to the suitors of
fCourl.
iMr. Strange. WlietUer before lie surrender-
his ofiice, he had any discourse \\\\\\ the
bow Mr. Dormer** debu* were se-
i?
\£dm^rds. No otherwise than upon this
aty. 1 told Mr. (ottinghamf f b<'ar there is
arse of a deficiency in Mr Dormer's* of-
says he, 1 btUeTc there is^bni bow much
at H leli ; hut that cau be no ohjectiou to
a, because you are to answer for nn more
I you receive. IMattem are all settled and
keo care of, th;it what detictency soever there
» shall be made^ooiK
8erj. Probyn, By whom?
f£dwards. Me did not say by whom, or in
bat manner.
erj. Probifn. Had you any discourse with
other Mister?
Ir. Piutnmtr, My lords, I bejf l*«Te to
ke one obnervalioo. The counsel says with
other Master, and the genttemao at tbe
a it was Mr. Coinnt^'ham told him so.
Protryn, This t^eoiieman I am examin*
one of the Mai«ters, therefore it is not im-
' to ask, whether he had any discourse
iy other of the Masters ?
Mrt/f. I made tbe same objection to Mr*
ey, and he answered me mncli the same.
frey saiil he could not tell what the
Dcy was, but whatsoever it was, that
i be all nettled and made ^^d.
^ , Proitj/n. As he had thisdiscAiirse with
» Godfrey, 1 desire be may be a^ked^ whe-
r bath not likewise U«<1 ««ome discourse
\ Mr. Ri>^ers how this deticienay waa to be
' No ; I don't remember I had any
with Mr Ii<rgerfi.
m Smj* My lords, I desire he may inform
lontobips, whether al any other time he
aiiy diaeourse with any of tbe Ma«rters
t Inis QUI tier ?
My lords, I often talked upon this
mih tbe Masters, as a matier which
y mucii coucemed my fiffice. This I men-
* at tbe time i came io. Xhe^' weie then
all of opinioD that this deGciency was to be made
good. I don't reineuiber that any body told
me in what methoti or paiticular way it was to
be made ^omL
Cam, StrJ, 1 desire he would inform your
lordahipf, as near as he can remember, whe*
ther it wax said that it would be made good, or
that it was to be made good ?
Edwards. 1 cauH remember the disttne
words, I took it to have the same tendency and
meaning.
8eij. Probyn* I desire he may be asked,
whether he hath not seferal timei, and on
many occasions, heard the Masters dedaj'e,
that this deliLMency was to be iiiade good» and
by the Masters?
Edwards, I have heard them several timei
declare, that they did not douhi but it wouhf ba
made i^ood ; but i never heard them say that
it would lie made {ri^jd by the Masters. 1 have
ofien l)eard the Masters! say they would not
mnke it gfood.
8erj* Proti/n* 1 desire he may be asked^
whether about the time that the IVrasters ad*
vanced the .^00/. a- piece, he did not hear them
det^bre how this deficiency of Dormer was to
be mmde t\\\ T
Edwards. My lords, when I came into the
office, I think the very day that I was ad-
mitted, Mr. llo;^ers paid 500/. ; ei»(ht more
pakJ 500/« a- piece, some at one time, some at
another ; they did not all pay at the same time.
That, I heard, was to go towards* making up
Ibis ileficiency \ but how far the Masters ia-
iertded to contribute further, I can't say.
Com. SerJ I desire he rnoy inform your lord*
ships, whether he did not apprehend that the
making up of this deficiency was a great con-
cern to him ?
Edwards. Yes, I think it httb been of a gr^t
concern to me.
Cmu SfTJ. I desire to know then how tt
comes to pass that lie enquired no moc«
into it ?
Edwards, My lords, f rememWr 1 was once
asking some questions relating to that account,
nod it was told me, that the state of this defi-
ciency had been laid before my Lord Chan-
celtor l>efbre I was admitted. Upon that I did
conclude, that this coDiribution of the Masters,
of 500/. a-piece, had been in concert with my
Lord Chancellor. I uuderstootl it to be so ; I
don^t know whether my lord gave orders that
It slmuld be so.
Com, Serf. T desire he may be asked who it
was I hat t^vd luiu so?
Edtfutrds. I think Mr. Hiccocks told me SO.
Hvry Prob^n. My lords, we have done.
Mr. Rohns. I destre to know what answer
Mr, Hiccork* gave to the question he asked ?
Edwurds^ Only that my lord wti« acquainted
with it, <tnil had the state of Mr. Dormer's of<-
ftce laid before liim*
8er). Pengeiti/ My lords, if they have done*
we only beg leave to observe, that they ba.\«
been eHiabhshini; the \\x>V\eft ii^ V.\\\% ^\\^^ ^*-
ticLeocy of ibe Eii\» u^^u ^t «ix^ ^^ouafc^ vo^
I
I
»5I]
10 GEORGE L
Trial of the Earl ofMacdeffieU^
[9!tt
WM tir lAurence Carter ; I happened to be at
his chambers, and naminfl^ to me the affair of
Wilson, he told me hi« brother, Mr. Tboma^
Garter, liad received 120/. which Mr. Wilson
owed him, and which was his whole sum.
Com, Sen. I desire to kdow when it was that
he receiTed that sum P
Edwardt, There was no time mentioned
wl^n tliat was paid him : as near as I can re-
collect the time, when sir Laurence Carter
told me this, it was soon after the composition.
Cifm, Seij, My lords, 1 desire he may recol-
lect, whether this |iayment was made before
the composition or after ? Did not be say it was
before the composition ?
Edwards. No, I don't remember that.
S^rj. Probyn, I desire he may be asked,
whether he knows any tiling of this payment
to Mr. Carter of his own knowledge ?
Edwards. No, I don't know it of my own
knowledge, but I beliefe it to be very true.
Serj. Pro6yn.' Since he had this information
of one debt lieiD||^ paid entirely, though he had
compounded with others, I desire be ma^ be
ask^, whether he efcr charged Mr. Wilson
«vith it P
Edwards. Yes, my lords, 1 did : a little after
I went to Mr. Wi 1:190, and 1 tohl him that 1
was informed he had paid Mr. Thomas Carter
his full demand, and it was rumoured about
that he had paid se?eral others 'their full (lebts,
and that it looked unfair. Says he, this mo-
ney was hint me by my particular friend, to
pay off some little straggling debts to keep me
np in my business, auo therefore I was unwil-
ling he should lone it.
Serj. Probi/n. Whether did he apprehend
this to be a new debt contracted since his failure,
or an old one due before?
Edwards. 1 don't know when the debt was
contracted.
Com. Serj. T apprehend he says, that this
money was lent him by some friends to set him
up again ?
Mr. Lutwyche. Really, mv lords, we would
not interrupt ihe gentlemen, but f take it, what
they are going on with is not evidence. We
must submit it, whether what Mr. Wilson said
b evidence, either on the one side or on the
other?
Com. Serj. We must humbly be in your lord-
ships judgment, whether this kind of evidence
be not a& proper on our side as on tlie other ?
Most of tne evidence Mr. Edwards has given
to affect the noble £aii, has been only informa-
tions he has had from Wilson or sir Laurence
Carter, and yet now the learned Manager ob-
jects the same information must not be ad-
mitted as evidence on the other side. .1 appro*
bend if any favour is to be shewn on either
aide, it should rather go on in the support of in-
nocence.
Lords. Qo on, go on.
Sol. Gen. Mv lordst we don't oppose tbeis
Hng on, we onfy beg leave to sei your locd-
dps right. We did not give a tattle of evU
4iertiq << what ^. lyiisip mA\ m teve
gmo
ihip
proved the petitions, we have proved the enters,
we have proved the facts ; we did not uulioa
a word of sir Laureojoe Carter, it sprang from
this examination ; but we are willing they may
go on, if your lordships think fit.
£. of Macclesfield. My kmla, I afniehsnd
there is no occasion to give your kmlsbips anv
trouble. If what this gentleman bath malt
with relation to Mr. Wibon's payment to his
needs no aosv
creditors, is no evidence, it i
Com. Setj. My lords, we desire that Mr. Cd»
wards may inform your hirdships, whether ir
no there was any consulution among the Mil*
ters relating to this matter, and what their spi*
nion was ?
Edwards, 1 don't know of any oonsdlilHi
about it.
Cofli. Serj' We desire that he may inAm
E'ordships, whether he made any acksswi
ent for his being admitted inte bis ofieik
whom this money was paid, and loirhil
purpose, and how applied P
Edwards. My lords, the stepe I took tiW
admitted Into my office, if your loidabipi el
give me leave to trouble your lordshife wA
the narrative, were these : first, 1 epplisd H
Mr Godfrey one of the Masters, with whonl
had moa acquaintance : I told him 1 baid
Mr. Dormer's office would be dispoeed of; bt
told nie be believed it woukl. Says I, Ifl
could be accepted I have some tboogkli m
treating for it. What is the usnal nethsd ■
those cases to be recommended to my IM
Chancellor P Says he, Yon mnst apply ie vy
lord's secretary, Mr. Cottingham ; acpordiif-
ly I did, and I toU Mr Cottingham that 1 m
heard Mr. Dormer's office was to be dispsui
of. Mr. Cottingham told me it was to be ih
nosed of. I then talked to him.abont the teiai-
Mr. Cottingham toUl me, As to the nrice mi
the person, my lord Maccleafieid had left it «-
tirely to the other Masters ; tor whatsoever tM
place could fetch, was intended la go low«b
making up Mr. Dormer's deficieney. UpM
that, my lords, I went again to JUr. Godfiff|i
and after a meeting or two, I concluded k> giii
5,000/. if 1 could be admitted. Whether lb
Gfidfrey, or Mr. CoUingham, or who weal H
my lord, I can't tell. I had not the honev H
see my lord till 1 wasailmitted : but upon iksM
terms 1 was apnrov^. 1 had directions, I oasA
say whether Mr. Godfrey or Bfr. CottMghMB
gave me the directions, that I should pay mj
money into the hands of Mr. Rogers the tk«
senior Master ; accordinglv 1 did pav ^OOOL
and in three or four days after, I had- the hh
nour to be admitted and sworn in.
Mr. Strange. My k>rds, I desire be may bt
asked, whether at tM timeof hisadmisMiaiV
presents were made by him to theeari of Blw>
clesfield, or to his secretary P
Edwards. None at all, but the seusilsijf^
fees as usual in those cases.
yir. Strange. Whether at the tiaie he eyesj
to pay the sum of 5,000^ for the
r was to he appKi
e^Mr.Oidfeyldi
theoMNiey was to he appKad?
tdB.Ym,Mx.QMSfiU
JUmm:^
for High Crimes and Misdemeanors*
1 went back lo him frfim Mr. Cotting^ham ; I
rentember to have a^kvil hioi several f)uestir>DK,
•till maile liiiit »e?erul |ir(ipy!ia1s rclnlin^ to tbe
officer, lor we differed a great deal about its
▼alue ; 1 tliink I fjrst pro|io«er| 3«000/. for it ;
he disiikiufr ihat uihI some other offers I
lie him, I desireU to know how much it was
lord Maccle^tield iiisi^^ed iii>aii f To which
^Aoawered, that it wks not my lord^s intefi-
to take any thin^ fur the admiitaiice, but
it be bad lett it to the disposal of the Mai»-
, to make the most of it for the beuefU of
\ office.
iCom. Ser), Whether he ktiowi how this
uey was dispoaed of, and to what tise tro-
liyed?
\ Edwards. T can^t remember the time, hut
\ short time he I ore 31 r. Rogers surrender-
hia office, he (laid me buck tliis 6«000/«
ch I, ia a tittle timtf, paid to the suitors of
\ Court.
f Mr- Strange. Whether before he surreuder-
his office, he had any discourse with the
how Mr. Doroier^s debts were se-
I ?
^MifmardM, No otherwise tluin upon this
aty. I told Mr. f'otiinghaun f hf^ar there is
onrse of a delicieDcy in Mr £>arraer\'* of»
iays he, I believe there is, but how much
*tlell I but that can be no olijectiou to
a, because you are to answer fbi* no mote
%n. you receive, Matters are all settled and
ken care of^ that wbatdetiGiency ioeyerthere
I shall he maiie ^'>od.
VHerj, Prolii/n. By whom P
fJSdwardi, He did not «ay by whom, or in
kat manner,
erj. Proh^n, Had you any discourse with
' other Al:istar ?
Ir. Plummer. My lords, I beaf learc to
ke one obaerraUon. The counsel says with
other Mustor, and the gentleman at tbe
ays it was Mr, Cttttioifhatii totd him so.
tj. Proton. Thiii t^enlleman I am examin>
• is one of the Masters, therefore it is not im- .
r to askf whftlier he ha<l any discourse
»y other of tlie Masters ?
tirdff I made the same objection to Mr*
ey, and he answered me much the same.
, Godfrey said hv could not tell what the
DCy Wis, hut whatsoever it was, that
I be all Diettled and made g^ood.
|^r|« PtiAf^n. An he hud this discourse with
, Godfrey, 1 desire he may be a^ked, whe-
' he liath not hkewise h»d ^ome discourse
\ Mr, Rogers how this deticieuoy was to be
^mn\ ?
No ; 1 don't remember I had any
rwiih Mf. R<*g^er5,
\ Serj. My lords, 1 desirehe may inform
^tordaliips, wliether at any other time be
any dtsoourse with any of the Masten
milt ihiii tnatter ?
rdi. My lord<«f f of^en talked upon this
the Masterii, as a matter which
ry niuoh concerned my office. This I tnen-
1 at th« time I came in. They were then
all <»f opinion that this deficiency was to be made
Ijood. i don't remember that any body told
rae in what method or particular way it was t©
he made gooii,
Cortt. Setj. 1 desire he would inform your
kirdthipB, as near ns he can rem ember, whe-
ther It was said that it would be made good, of
that it was to be made gfood ?
Edwards. I canU remember tbe distine
wordSf 1 took it to have the same tendency and,
meaning.
$efj, Probt/n. I desire he may be askdtf^
whether he hath not several times, am] oil
many occasions, heard the Masters declajne,
that this deficiency was to be made good, and
hy the Masters?
Edwards. I hare heard them several ttroei
declare, that they did not d*iuUt but it wouhi be
made ffootl ; but I never heard (hf>m say that
it would In? iimde Ero«»d by the Mesters. I have
often heard the Masters say tliey would not
make it gfood.
Serj. Probtjn, 1 desire he may be asked,
whether aliotit the time tliat the ^i^U^ters ad«
vauced the hOOt. a*|ivecc, he did tiot hear ihem
declare how this dehciency of Dormer was to
be made up ?
Edieards. BIy lords, when f came into tb«
office, I think the vi ry day that 1 was ad^""*
mitted, Mr, Jlojfers paid 300/, J eijfht more
panl 500i. a^ piece, some at one lime, some at
ooother ; they did not ui) pay nt the sauietime.
That, I heard, ivas to gu towards niaking^ up
this deficiency ; but how far the Masters in*
tended to cotvlribute fiirlher, I can*t say.
Com. S€rj I de* i re h e may i u Ibr m y o ur lord -
shiiiiSf whether he did not apprehemi that the
making up of this deficiency wa*» a great con*
cern to him ?
Edwards. Yes, I think it bath been of a gr^t
CDOceni to roe.
Corn, Sffj. I desire to know then how if
comes to pass that he etjqtiired no tnorft
into it?
Edwards, My lords, f remember 1 wai ottce
asking some questions relating to that acctiunt,
ivndit was told me, that the stale of this defi-
cieocy had been laid before my Lord Chan-
cellor before I was admitted. Vm\% that I did
conclude, that this coniriliutioo of the Masters;,
of 500/. a- piece, had been in concert with my
Lord Chancellor. 1 uuderst<ioil it to be so ; I
don't ktiow wliether my lord gave orders that
Jt should be. so.
Com. Sery. I defiire he may be asked who It
was that tod him &o?
Edamrds. J thiifk Mr, Hiccooks told me so,
8erj. Prith^n. My htrds, we have done.
Mr. Rob t US, I desire to know what answer
Mr. Htccoi-kf (jfsve to the questioo he asked f
Edwards Only that my lord was acquainted
with it, itnd had the state *of Mr* Donoer** of»-
flee laid beture him,
Serj. Pen^etti/ My lords, if they have done,
we w\]y be$f leiive to observe, that they havt
been eHtubliMiiu^ the iiotioe of this whole de«'
ficieocy of the £arl, upon the finl vacijicy in
955]
10 GEORGE I.
Trial of the Earl oJMacde^M^
[956
the office, eren before Mr. Edwards came in ;
so that the whole transaction afterwards pro-
ceeded upon a full notice of the ctrcumstanccs
and state of the ofHce. The e? idence of the
eontributioD of the Masters, and of the earl of
Macclesfield, towards making good Uiis defi-
ciency, preTcnts, in a great measure, our
bringmg any proof to the Fifteenth Article,
which is now goine to be opened.
Mr. Plummer. Sly lords, if they have done,
I only beg JeaTC to obscrre, that the Tery letting
Mr. Edwards pay his 5,000^ to the deficiency
of the office, and my lord Macclesfield's nut
taking it to his own use, is a sufficient proof of
his knowledfife of the deficiency. And as to
this composition, I hare one question more to
ask. 1 think he says he mentioned it to two
•r three Masters ; I desire to know if he did so,
and whether they approved it P
Edwards, I think one of the two or three
Masters was Mr. Lightboun. He was there,
and he did say, as I remember, that he thought
ire might as well lose the whole, as to take so
small a part of such a debt.
Mr. Plummer, I desire another question,
and that is, if he consulted any of Mr. Wilson's
creditors before he made this composition P
Edwards. No, my lords, I did not know any
•fthem.
Serj. Pengelly, How much did he receive in
the whole from the Masters ?
Edwards, J received 500/. from nine of
them.
. Seij. Pengelfy, Did any of the blasters, and
which, refuse P
Edwards. Yes, Mr. Lightboun refused.
NerJ. Fengelly. Fur what reason P
Edwards, That I can't tell ; he did not give
any particular i^easoo.
Com^ Serj. My lords, I believe it may be ne-
cessary to trouble your lordships with asking
another question: Whether this discourse, in
relation to this composition, was before or after
the composition was made ?
Edwards. I believe it was before.
Com. Serj. Then I desire to know, whether
Mr. Edwards, upon that or any other occasion,
acquainted the noble earl of itr
Edwards. No ; I don't remember I did.
Sol. Gen. My lords, 1 believe we have done
with these two Articles.
Sir John Rushout. My lords, the Commons
proceed to the Fifteenth Article against Tho-
I earl of Macclesfield, and they have en-
trusted me to lay open to your lurdships the
aubject matter oflhis, and the two ensuing Ar-
ticles, and the nature of the evidence they
think proper to produce to make good the
Charge in these Articles; by which it will ap-
pear to your lordships very fully, that the
crimes charged upon the person at your bar,
which have already been manifested in so many
instances, did not proceed from mistake, or
nicre negligence; sJtliough these wonki have
been fauTu not excusable in a penon plM^ >>>
mb^b •MtitPt bat thai thv were meffecti
of art and contrivance, formed to carry on and
promote a corrupt and illegal gain and advan-
tage to himself.
It may seem at first sight very sarprizio|^,
and may not readily obtain belief With your
lordships, that a person raised by his majesty's
abundant goodness to stations of so great m-
nour and profit, who had received larp aMi-
tions to a plentiful income by ancceasive and
repeated grants from the royal boonty, thU
such a person should condescend to reeeif^
much more that he should use arts and stiila>
gems to obtain, further supplies to bis insatiiMi
thirst of lucre.
But this your lordships will plaiidy tee Uli
the case, when we have given our proofs to ii
Fifteenth, Sixteenth, and Seventeenth Artichk
Your lordships have already heard that thns
was a. very great deficienc}r and loss of tbsM-
tors' money in the office of Mr. Dofomt, aim
Master in the Court oi Chancety ; that Ihi
Earl at your bar then presiding in that Cm!
well knew that there was such a deficisoar;
that instead of applying remedies torodmM
evil, he made use of several methods to ctnr
and concesi it ; it being very obviooa for !■■
to reflect, that, if such a deficiency waspi^
licly known, and not effectually remedied, aoM
would ever after purchase a Master in Cba*
cery's place, at least not at such aiuiliiwt
prices to which the purchase had lately biM
raised.
What then mnst be done? Here was ftt
to be an entires top put to this branch sf if-
venue which had yielded so plentifully, mi
proved so beneficial to his lordship.
The contrivance, therefore, is to oblige ihi
Masters, who had already paid for their plieB,
to pay again towards making ^[ood this M-
ciency, and by an artful drawing them Hs
compliance in this point, to conceal and csali-
nue the mischief.
This is what the Commons charge in lbs
Filteenth Article, tli^t the earl of Maodesfidd,
to conceal the deficiency in Mr. Dornier'fti^
fice, did order several Masters of the CoartH
bring in their accounts of the cash, effects, Mi
securities belonging to the suitors wliich wen
in their hands, with intent to terrify the MssMA
thereby, so far, as to oblige them to contribsli
large sums to answer the demands of that of"
fice : and further, to engage them to a esoh
pliance in that respect, he represented to then,
that unless they would do it, the moo^ asd
eflects of the suitors would be taken out of tbdr
hands : that by this means he did induce nJii
of the Masters to contribute 500/. a-piooi^
which several of them did, out of the suitsnP
money in their hands: and this being done, thif
were never obligi*d to bring in their aeonnnli-
What answer is given to this Charge P Thi
Answer hath been read, and I need not tradMl^
your lordships with a recital of it. Bat lh»
Earl admits that he gave such orders that tW
Masters shouki bring in their aooounts:
That several Maaters did afterwaidk PtJ ■*
contribute aaiicbaigcd; --
f[jir High Crimes end Misdemeanors.
A. D. 17^5.
[058
riial tbcy were not atlcrwanto ofiliged to
'' • ir AccuiinU;
li in excuse he a11?$rM, That thii
ii,A Moiie to terrify tbia Maaters to make
' eoDlribiitton to the detnantlG oo Dartner's
That wliat they du\ coutribute, he believes
■ly p«til freely, nml out of their own inoitey:
Thai ht beliefes he followed therein a prc^ce-
Bt of Ihe likt imUire in the latiurc of Dr. £d-
'tiiit he confititjed to call for the accounts^
i| how tedious a. work it would
hon it uould give to the Iniw-
ol ih^ Loiitt ; so be kid itaside: And oh*
•»» (hat what is lately done with respect to
accotiiiU of ilie Masters. ' * e Itisupe-
ditficultie^ oi fiiH'li an i i;^*
*foaithift answer youi Khw>ij.|-^ iM.»v refleet,
just the o biter V all on is i hat the Comrnous
C made ia th^-ir 1?^ '^1" •tiou^wlieii ihev sav^
Mfi of Mti lijith iiidtistriously
(Hvin^ a il particular answer
ai molt era po&itiveriy and certniolyQU
aioM hrtn, which from the uuture of
thiiDHeliea muU Dece««arily He ia his
wIcHljtfe^
^ ht* admits the fact clvarijeii upon him by
Anide ; hnt to ih^^t pnri of it which charges
was ' 111 the deficiency tti
sol m answer at A tL
here itie iritf ip t imrges, that in order
Hhat is ownt^i to tie done, he did re-
It to the Mn '— •' "1 nnk'iis they would
ly, the iiioi rcts of the suitoi-s
d h*» tnken oii^ ,. ...... hands; tothislike-
'h"^ hf.i nniiwer:
lm^\^, !i may bediffieutt for me. who am
femant iti laiw prfieeeiliri^, to lay tbiJi
ill its itronqfest light before your lord*
But I lake the ea«e to be this.
leCommotiH chm^p, ihnt the carl of Mac*
to ' v ill Dormer's
I nq- l>efore him
ac©ootit5'>t iht : mJ threat*
li>at unless they v towards
y, thoML' 'e taken
hands: t!i he mul-
ipf, and no atcuuut.:^ urc vwr brouf^ht
Em,
iriiK'knowletlgeB thai he ordered those
to be brought before him ; thai upon
itinif that otdfr several >latfterH eonlri-
500/. a-piiTi', and that aftrrwanU the
tg ihe J4c<t»ijnw was dropt ; that ihi^ was
ICOnccat (Imi inef \ iJr finijuy, ;nif| pro-
by thr mrnaLc ol liikin/ tin ( lltct* of
suitoni outoi the handi <• Uru^ cnn-
Iw detiieil : wtiat part ot ' > then re-
ORtdmitled P 1 mu%t Kiilmui tt to your
whrtiipr, upofi what the Earl hslh
lifl«S|H«ss terms b v ^ < r, as well
Ikllp iatJi admittod b\ verine at
charts of II '
and the C '
Bt against tht; ^»^., ,^y^^ .m.«
I inT b it owii Goiif)i9iittii*
But the Eftrl adds some ihiogs by way
excutei I 8U|rpose, or extenuation of itieoffenoal
how immateriailv and how evasively your lorr"
ships will soon ohscrte.
He denies, that the ordering the Masters U>
bring in their accounts, was done to terrifj.
them to make any contribution towards Dor4"^
mer*s deficiency, and yet there is not the le
ap^iearance of any other end or des^ign^ iiti
which it could be done; nor does he mentton^
or so much as pretend to any other end which,
with the least colour of reason, could be intfndeiJ
by it ; he says, indeed, be had a mind to know
the slate anil cori*lition of the several offices^
that he might be able to make proper regul«
tiona concerning them ; but the thin^ wasdro|l
hif ore he had this knowledge given him, and he^'
fore he made one regulation in the matter ; and
yet he solemnly declares that this was his real
and whole intention : if it was his intealioo,
how came he to alter it so soon ? Could it nut
last till one regulation was made in a matter
which T%antetl it so much ?
Your lordships will Irom hence judge, that
the crime which the Commons charge upon the
uerson at your bar was not a sin of tgnorsnce ;
lie was informed of the miscarriage of the of-
ficers of his Court, be was conscious that it
needed rpgulation, he had some lime a thought
and intention to make such regulatioo ; but*
alas * it soon proved abortive, and th*r intended
retbrmation, however necessary for the honour
of the Court, as well as the safely atid advan-
tngeof the mbject, was soon laid aside: a con-
thi( t so weak and so greatly inconsistent, as not
to lie accounted for in any person, who had noi
been capable of pleading innocence and pardon
to the same fact*
However his lordship having found it oece
sary to excu«ie this proceeding with the Ma
ters, by pretending an intention to make
regulations concerning them ; it bec-ame at i
cessary, in the next place, to make some
a[>nlogy for not proceeding to fuel) regidationt.
And for this, he says, that it would be a dtf*
ficult and tedious work :
That it would be an ubstroctton to the busi*
ness o! the Court:
That wli ' 'i ' -pn lately done shews the in-
superable of the undertaking.
1 may ii «>*,., u^.._> f*-- < ^K.^Mi-t >rrom ledio
to 3'our lordwhipt it ' tot
tic<* of all the iiicoun. , x. , usequ
and evasions in the Answer lo this iinK
Article*
Upon what account wa* tfic person now tt
f/oitr l»er advancetl to the highest station of ibtt
aw* entrusted with the distribution of juslioe
ami rqutty in hist ntaje«ity'« suprf ute otfurt la
UrstniinxtrT-hiill, if it ws4 not to (*ecure th#
pr<»|M?rlv of Ihe »nl)iect to thonc to whom it did
in fVMi ■ • . ;» ^|j4j u[Hm whnt acrnunt
wer* rough I itit't Court dipo-
' ! w.ih 111*' T);nUT»»biit only for sale €!!•*■
till il ap|>ejir»d to whom equity would <'
»v< uiinc the right ?
But when it was ooea mstiiieit UMt\W>w.«
upon ihis iJiP EdH houM
reiki of lh€ Masters (o p^y tlte inimvjr 4fe
|> LocknMO for ihi
u>e (M iui!' Hdji i|rs. i_ Driiy ; with iiitiiiiilim
hawever, thai ^Le miu»l nm «ji|»fct iny iBii««f
I hi^ 10,000/. ivUlch lituJ be«ii |»aiid oiihcric^
iM/unt rnto I>ortiier*6 liaiidfl.
Your tur«l$lu(»e« witt be sttiprt^ed li %\mim
tection Itere it)««1e, bfttb of tb« piill md |||
holdo^fis of Uie o0etn)er ; tlmt ibt! t)er9c>ii^ «|»
MtiM
l<»r
959] 10 GEORGE L Trial of ike E^rl of MacdUffUU^
who were employed ia this trii«t, had shtme' U» him. who hail never neceivtd Ibr
» I'uUy hrolceo it| and by i»otoriou9 mismiDageiDeiil
were likely to bring ruio tonU llie suitors of the
Court, was it fit to cherish and cover up the
eril, because it was a ditTicuU and tedious work
to redress it ? Was it likely to t>e less ^k
ficult by the delay, or tither i\A not n^ery day
propagate and increa^^e the niischif f, and make
U lew capable of remeily ? Or cuulil any thingr
^.nora profier &r tbo busiaess of the Court f
Y<>ar lordships hare loo mueh sagaciiy not li>
ditfsera the weakoeu of such an excuse, nor
will you easily be persuaded to believe, that tiie
earlofMacct^field wtsonly j^oiojron to apiith
bisjpredecetsora trod hefure him^ or tiiat lie is to
be sDtfltfiretl, because what hath been since ilune
ballj met with difficultiea in the untlertakiDtf .
Jt 1:1 known how, upon the 6ruiiiliure', in the
time of his (iredecessurSf ao cffectiuit rernetly
was intfii«dialely applied : and that those hUo
Jiave siDce allempted to ^ive an helping' hand,
lia?e prevented any new eruption of the evil
eomplaioed of; and if the undertaking was at*
teoded with difficulties^ thttr care and com-
■leodable ze4il lor the pnblic service have al-
l^dy been able to surmount them in some mea-
•ure ; altliough the efross enwurajrempnt tfirwi
by the pari of Macclesfield had laid^uch astront^
Ibundaiion for those diflkultiea^ as if he had de*
, ftigoed really to make them insuperable, thai
'Ibey might serve for such a sort of excuse aji
, he DOW endeavours to dra%v from them.
But the Ear) alleges further, that he believes
I Maalers, who contributed towards Dormer's
oieticy^ did it ir^e\y and out of their own
» money ; and Uiat in brio^intf tbem to c«inrri«
dilute, he followed the precedt nt in Dr. Eddis*
I bury's ease.
1 need not trouble vour lont^ibip-^ long upon
I Ibis branch of the Article, since no one besides
* bis lortlship can well believe the blasters con-
tributed freely ; and the priMif we shall lay
^ before your lordships upon this head uill f^ive
I full satiiifacuoo, ijiatnone of theru did it freely,
, nor all of them out of their own money ; nor
I Is it the crioie the Commous charge, that the
[ Masters were prevailed on to contribute to-
\ wards the deficiency ; but thai the Earl, whose
Ligh station rnade it his doty, when he was lu-
^ furmett of the deficiency, to lake care to redress
It, did not| as in the case of Dr. Eddisburv,
provide that the whole money belonging to the
, luiters should be eflectually au««wered ; bat in-
I tste»d of folio VI log that precedent in the just and
I bonesi use of^^l, be turned it to answer his own
j corrupt purposes, and to conceal from public
is so seu'^ibte of hia crtine, a
this matter would alTect both
who discem«i the moiialrou»
the o)iiichief before him, who
nishment of that crime by a
qiiirj ; that this person,
remedies to the evil, aliould
oijly tu conceal it*
VVhat Answer gives tbeEoiri to Ibis CI
He admits the order made, and titat
wards refused to pay the 1,000/. that liebi
p;iid the mODcy, ami told Ijiickuaao that
they must expect from hm) ; btit he
believe he had any discourse willi thr Mi
to persuade iheiii to pay the iS^OOL to
luao.
Your lofdslilps initst he conviQced d
guilt, when the otTender himself hath
assurance to deny it ; he cannot derty bsi
he knew and representiHl the consec^i
would e{i«ue what was done ; thatitwoiiy^
dnce a parliamentary enquiry ; that it
affect himselfas vieli astht' Ataatent, and
would baasard tbc forfeiture of tli
Your lordships have now an op|]
vindicate the honour of parliammii^''
leave this instrnctiou to poster tly; Ihattbic
who foresee their unwarrantabk acttun) nil
give ocrasion for a parliamentary tfv(^<,
shall not be able, by anv rnnitivnneef^, ^J^
uieant whatever, to eva ; ice of n.
As to tho last pi^n < wtfclc, ^\ki^
charges, that on a motion in a canaii, ll»fff
against Case and others, relating tn lin^L «
havin^r deen paid into Dormer^s hands
ilauger of bciiig^ lost, the Karl falsely
deceitfully declared lie had heani there
deficiency in Dormer's office, but kocw
thing of it only as public news : the C<
wilt give si;fficient evidence to your bnyufi
of the truth of this Ghsfge.
The Earl indeed gives a large iccouil^
this cause and the orders made in it, and 1^
couch ides, he Mieves he eitpresaed hasEisHCl*
0otice, that toi^s to ibe Nfiitors which it was hjs thisetfe<!t^ that he ha4liri[U'>MU'<'Ar.l <.» Dtmso^
I duty to have wholly prevented. deficiency , but that it h ididl^
The next Article we proceed to is the Six-
[teeoth, which charges, that one Elizabeth
Qbittv hftiritig obtained an order of the 17tb of
LMarcii, iu tin* tenth year of bis present ma<
' ily. whereby Mr* Edwards, who succeeded
ia Mr. Dormer's office, was ordered to pay
' 1)000/. part x)f a very large sum due to her,
which bad been paid into Dormei's bands ;
J^/t, £jiw4rJ«#9a)piaiyf4of ibis una hatiUbi^
before him upon comph^ le
of the Court : that sevr i >uiiiee9 Hi*
notice of at large had < : hereto s td
adds, that he said he did ttot ktiow boissl
these things would come ont, and express'
himself to that ejf«^t antl no other i and yjMiili
this circuiidocutiuo in the Aaawer, wilbetil tsf
denial of tiie words as tbey itaad chaif^ ^
Vvave rtiMa to beiieve jow IgrMitfi ird^^
Jqy High Crimes and Miidewkean&rs.
A. D* 1725,
f962
well Balisfifc^d* w tthom farther jiroof, thai
worJs tilt iiiioucd in the ArlJcle irere un-
douliteOl^' useti by tbe earl <jf Macclesfield.
It is further ohWrved by tbe Earl, that this
ppeneil utter such time as the Masters' ac-
iltits hail been laid before the lords of the
kmoil, aod im\ heen under tlie examiuatioa of
^ judgfes aiiil oLhtm to %vhoai they had been
iferred by his mujesty ; and there may be
n^easfui to doubt whether the knowMj^e
'a deficiency had been so soon declared by
' I )ord>ihi|», if the examination under which
rnajesty's abundant goodness and care
' hu) i>i2uiile liad pitt those accounts, had not
dy laid u^en, and made a |»ublic disco?ery
fit.
L^be 17th Arlicfe charges, That though the
^1 of Maeclctifield knew of tbe great de
cy in Dormer^H ofiBce, yet to crtnoeal it,
^ order to carry on his curropt and unjust de*
s, he made orders upon Mr. Edwards for
\ payiiieut of several sums, which were paid
iiout regard to the proportion tlie rest of the
btors wercjuslty entitled to out of Dormer *s
and cofiiitquenlly to their great loss
pircjudice : to ibis the Earl answers with
t usual candour, that he never endeavoured
rcoDceal the deficieocy ; but as he was under
lull persuasion it ivould in due time be made
that he dtd not think it incumbent on
n, es' officii lo make a declaration of au are-
re ; that he doib not know any onfer wa^i
ide by htm ior Mr. Edwards to pay money
*_cd with Mr» Dormer; but believes several
ders were made by the Court for Uut pur*
[Your lordships, upon the bare recttingf the
'f of the Atkswer, wtll perceive the art and
f of tlie answerer ; he doth not know any
Jifm made by Inni^ but bc'tieves several
i made by the Court ; as if he could hope
make your lordships believe, he was a
anger to, and unconcerned in the orders
' i by the Court of which he was the only
le admits he did endeavour to conceal the
ficiency, hut was persuaded it woiilil be made
iu dive time, without acnuainting your
fdships with any grounds for tnat uersua^ion,
' even meuitioriing when he thought that due
ne would come.
He iuti mates it wast incumbent to make a
claration of an average, but thought it not
cumheut upon him to make it ex 'Officio : he
Buld Uftt deny it to be the most equal rule^
pat if a loikS was not inevitable, an averaq^e
D^lil to he made; I bat the to^ mi^ht be
rne equally and in proportion among alt :
i, could not deny ttie making orders to pay
' ras inconsistent with, and destructive to
^Kiabty ; and he could not however think
iubent on htm to do this ^i-ogkh : and
" clonged to nobody^s office t>ut his own
: it*
Thus your lordships may observe how, to
iary Article, th« A ti^wer either admits the
'liarge» or us«« loose, g«Qcral, or foreign cir-
VOLl XXL
cumlocntious to evaile it, when the evidence of
the fad will not allow him to deny it ; yet he
would be thought to say something at feast ia
excuse: but his knowle<lgc of your lordships'
sujierior understanding, ought to have deterred
him from all expectations of imposing upovi
your lordships by any tittle shifts and artificea
of this kind ; nor lihould he hope to p&ss here
the Answer as sufficient, which must have been
reported contrary, if I am rightly informed
of tbe practice, by any of the Mastera of his
Court.
But I aball not longer detain your lordship*
with observations iu matters iu themselves &»
evident ; wlmt is admitted to every one of these
three Articles is sufficient to justily the Charge
of the Commons, and whatever' remains hut
imperfecti}' ailmitted, we doubt not, by wit-
nesses aod other proofs, to make out to your
lordship's entire satisfaction.
My lords, it i^s a province enjoined me like*
wise, to maiutaiu the t^harge exhibited by the
Comiuons of Great Biitaiu, in the Ftfteeuth^
Bixteentb, and Seventeenth Articles of their
impeachment against Thomus earl of Mac-*
clufiludd. Aud it is with tbe greater chcarful'
ness I undertake that produce, Muce I come
to demand that justice, which your lordships
are alway» disposed to administer, to every
subject of Great Orituin ; and therefore 1 can-
not but be fully assurcnl of your just inclina--
tious, to do equal right where it is demanded
by the House of Coiumoas, the representative
biidy of the whole united king:doni*
U h very strange, that the Earl now under
prosecution, who hath been so many years
within the walls of this House ; who hath so
long lieen witoe«»s of your lordships* great in-
tegnly and wisdom, should not tlierehy be de-
terred from attempting what might sul»ject him
to your ci'usure. But it is still more unac-
countable, that a person, who liatb had so long
experience of that judgment and isagacity,,
whereby you skilfully distinguish between
rijp^htand wrong, should hope, by the artitte*
of words, and loose, general, evasive expres-
sions ; that he should ever hope, I say, my
lords, by such fig-leaves as these, to hide hitn-
self from the eyes of your lordiihipa* impartiai
justice.
The worthy gentleman, who hath preceded
me upon thisltead, hath so fully opened tbe «e*
veral Articles now under consideration, and
hath so clearly detected the sophistry and in-
sufficiency 0* the answers that are given lo
tliem, that I slkall not need to he long uport
that head ; it would indeed be dilBcfilt to add
any thing new to what lutth already been ob-
served, did not tbe innumerable fallacies and
inconsistencies with which his Answer abounds^
continually supply fresh materials for obser*
vation.
But 1 shall content myi^elf only to take no-
tice upon the answer to 'the Fifteenth Article^
thut tlie Earl stand;* in a manner convicted by
bis own confession : lie admits the f'a.<t\.^ WiX
wouhl ;i^uld l\i^ «:oft^<^s;\i^yi^\>^ xflt^vo^i^^^^o**-
I
I
96S]
iO GEORGE I.
Trial of the Earl of Macclcffidd^
[964
he really intended to make |he Masters hrins* in
their accounts, altiioii<r|i he did not do it: If it
fras intended, ^^ hy was it not done ? It was a
difficult and a tedious work.
1 am surprised, my lords, to find that any
person should expect to satisfy your lordships,
by so weak and frivolous an excuse.
A iicrson who presides in the hirrhest court
in Wi»«tminster-haH, is infbrmefl of some un-
^varraiifnblc practices of the officers to whom
the money of the suitors is entrusted, which,
forwent of due care, hath already proved very
]iernicioas, and must in time ]irove destructive
to the property of all the suitors of that Court,
unless some speedy check be put to this grow-
inf^ evil ; is convinced the matter needs ref-
lation ; bat he lets it go on, because it would be
a difficult and tedious work to redress it.
In moral evil, my lords, the continuation of
the jiraoticc of an ill habit, because it is diffi-
cult tol>reak it, is so far from extenuatinpf, that
it is justly esteemed to aggravate the fault ;
and i don't doubt hut that your lordships wilT
Imve the same sentiments in this case; for
since it was necessary to apply a remedy, the
sooner it was done the better, and the diffi-
culty of the work should have been a spur,
rather than a check to a vigorous endeavour
for redressing it.
In h'ls Answer to the 8ixteenth Article, your
lordships will observe the same prevarication
spread through the whole : The widow Chitty
lAving a considerable sum of money, to whica
she was entitled, brought into Court, and de-
jKisited in Blr. Dormer's hands for the saf ie cus*
tody of it only, petitions for 1,000/. part of her
own money ; such a petition could not be de-
nied entirely, without bringing on a speedy en-
quiry of the causes and occasions of the em-
bezzlement which had happened in that office ;
and the discovery must have brought on a ne-
cessity of remedying the evil that would there-
by have been made so public, and so notorious.
An order therefore is granted, that the
1,000/. should be paid ; but then the difficulty
IS renewed, how to make that payment without
discovering to the public the mismanagement,
which must have put a stop to the sale of the
blasters' places, which ivere disposed of at
exorbitant prices, and brought in an immense,
though illegal gain. Mr. Edwards would not
Say It ; hehad no money of Mr. Dormer's in
is hands ; the next application was made to
the Masters of the Court, to see if they could
be prevailed on once more to raise a sum by
contribution amongst them ; to this end they
were told, that if they did not comply, Dor-
mer's deficiency would be discovered ; and that
might occasion a parliamentary enquiry, the
oousei|uence of which might be, the forfeiture
qf their offices, bought contrary to the statute
€)f Edwanl the 6th, that this might aifect him-
self a little, but them much more ; all this,
my lonls, is chaiw^ed in this Article, and not
denied by the Karl, but in snch a lamentable,
evasive manner, as betrays more guilt than ao
ojveu aud ingeauoua coo&asioii.
It passes my observation, in that little view
I have been able to make of past tines, that
any judge of a court in Westminster-ball,
should own the knowledge of so great a crime
in the officers of his Court, as tliat they came
into their places contrary to law, without aoy
censure, or blame for it.
But that a person raised by the unmeritei
lH)nnty of his majesty, to preside in the
highest court there, to conduct the adrainis*
tration of justice agreeable to the rules of equkj
and good coiiscienci', as his majesty's vice-
gercnt in that great station ; that such a pe^
son should not only ha conscious of the ill^
lity of the Mii:$ters obtaining their ulacesi ui
a party to such ilicgality, but should faan
the assurance to maUe use of that as an a^>
gumentto extort money from them, in order li
prevent the discovery, and the punirinneil
consequent thereto, will, I persuade niyKl(
stir up in your lord8hi[is the greatest indigB»i
tion.
It seems he apprehended the terror of a mo-
secution by parliament naight have some effect
upon them, and engnge'them to comply wilk
his demands, although it had not the least ef*
feet upon himself. It was a proper expediot
t-> bring them into a coiktributiuu of ifiOOL
but it was not sufficient to deter him from tbon
practices, which justly merited such a proK-
cution.
Our ancestors thought it became them H
keep in awe the greatest subjects in the reiln,
and none were too big to be called to accMBt
tor the wrongs and injuries they did the niibbc;
the Case of Michael de la Pole * in Uichird
the Snd's time, and cardinal Woolscyf in IlemT
the 8th'8, with many others, some of whidi
have been already mentioned to your lordships
are flagrant instances of it. And we have now
a just opportunity of shewing, that we havetfat
same regard for the honour of parliaments, tod
the good of the people; that no one ooiB[iitti
presume to transgress the laws, be his siutioei
or his power, never so highly advanced, apoa
prospect of impunity ; since a British panis-
ment can reach the most lofty, and punish tbi
most insolent, corrupt offender: so that bCi
who is not restrained within the limits^ tod
boundaries of the law out of awe and reverence
to it, must expect to fall a sacrifice to dil
power of their justice.
Your lordships have here an instance of «•
placed at the head of the law, who is conscioof
that his actions arc contrary to it ; w ho mikct
no scruple of avowing this, where it may stfvi
his interest, defies a parliamentary eoqoirtf
and goes on in jiructices which he knows, in
professes to he dlegal. Your lordships will o^
serve how he endeavours to shelter binuetf
from danger, and by an infamous degree flf
dissimulation ; what he openly avoii's, to raiM
a conlribution from the Masters of the Couft,
he more publicly denies, with design to esrrt
■ ■ . ■— ■ "y-
* 8ee his Case, vol. 1, p. 89.
1 1^ bi«Cwe, vol. 1, p. 96r.
Joy High Crimes and Misdenteanors,
ttpiieupiiiee in ibii afikir to the
The fleficiency of DOTioer flt last beeame a
gublic clnraour ; it wast oot Mm. Chltly <Mily,
ut Qiany others wanted their money de'poait^d
nd eotriisled in the hnwU of the Court, aod by
^ I Coart entnisteit tu the cMtstudy of the Mas-
and the uiiitor^ Ihpn made open complaint
on Ibis subject, lit the cause tberetbrc of
trpf r and Ca^e, a tnotioo hetog; made, lliat
6o/. bribed in Dormer's bunds might be |>aid
lore tlip evecutkin oftheconvi*yancedrrerted
Court; he ivho had been so lonsf in-
ned of the shameful cnihezzlement of the
J af the suitors in I>ormer*a office^ who
invented so many artful contrivances to
1 tlie kflOivleJge of it from the pubhc, in
I serve his own private^ unjust, corrupt
», the matter \mx\^ now declarecl in open
t, he could no longer deny the knowledge
%at he was so plainly informed of; that
ore all bye-standers mijrht iniaj^ine hU
ind conc<'rn for the pnhlic rro^Kl was to
■ordinary, that be ctiold not have forborn
re remedied the mtschtef if he had been
apprized of it; be then nublicly and
ely declared that be had hearrl I here was a
oiency in Dormer's office, but tbn* he knew
tiitigof it hut as pttbhc news. In Uie Earl's
■wer. my lordsi, he explains this expression,
' saying-, ihiU it never came judiciilly befbf«
I ufion the complaint of any of the suitora
Ttlic Court: this I am pfrsuidefl your lord-
will thiuk a very j*oor excose, I hut he
K» was the protector of all ifje fortunes nf the
lesii and lunaticM, should not, upon the
intimation, or even suijpicion that they
? like to be losers, cause u strict examina-
I to be made into it.
can scarce be believed a person who has
► great a capacity to judge in what manner
^^Q^t to act, should erer descend to so low
" _ a unworthy the station in which he
^pfftced, so unworthy the dignity and ho-
to winch he had been ad v a need ^ as to
the knowledge (oiherw ise than as news
faccideiitjl discourse) of what be had been
frequently informed of, and \vhat he had
en pains' so ton^, and so detiberalely to
Dticeal.
1 need not use any wonis to represent to
tir lordships the indignity of such (irevnri*
tion, who will, m»on the first iniimatmn, be
ubke of every thlnif that may seem in the
\ detfree to depart from the rules of honour :
k i^ indeed almost inconceivable, that a person
draoced to be a part of your noble body,
ulfl so tar for^ himself antl you; it is
if be could have expressly ^lenied by bis
r, we must have despaired to have garnet)
lit io^ ibou§^h we eoulrl have proved it by
or witnesses; but his Answer will sufli-
dimly oonmee your lorilships ol the truth of
ito aueirstion ; for be who <:ould not directly
deaiy a charge of so gross a crim«, must by hii
sum alien ce, in a matter of so heavy a Dature^
t« CODcUtdtd to beguilty of it.
A. D, 1723, [96«
I biffe already detained your lordsbitis so
loner t)|)on this 8ixleeutb Articte^ thai 1 shaH
not take the liberty of tryinj^ your patience by
makinisr any observations upon the Seven teenth%
but shall leave it to the gentleman thai is ap-
pointeil to assist in it.
It contains only repeated instances of a cor-
rupt endeavour, still to conceal the koowletlpe
of that deBeiency from the public, which it wai
bis duty to have* prevented ; or at least to have
BuppUed, auil rather to have made it good, than
have concealed it. What ground or renson
could there possibly be, why a mischief uflh it
kind^ if it ilid happen by accident, should with
so much industry be covered and continued^
when that concealment could answer no g-oml
or honest purpose, but must by the delay in*
crease and e:row more d€8|)erate, and tend to
brings destruction and rnin on the suitors of the
Court?
But as your lordships, l>y the preoHi upon
the former Articles, had an opportunity to take
notice what large sums ot n-n* v u u\ been
paid for tbe purchase or excl ■ places
of the Masters of tbe Court t i 3 > it »»
nnlnral to conclude from thence, that tlie Mas*
ters were necessarily to be imttilged in tnakiujf
use of tbe suitors* money in their hands, in or^
der to make up the va$i sums iliey had giveil
for their offices ; and if there bud been mis*
carriages in attempts of that kind, (which in
bold adreolurers for such ends couUl hardly bm
avoided) the discovery of such a mischief woold
have made »t absolutely necessary to have re-
moved the nrioney from those who bad proved
such unfaithfurstcwards, or at least tohav#
obliged them to have ^iven propur securities
to indemnify those, whose fortunes were en -
trustal to their tare, from any loss which mi^l
happen by their mismanagement ; tbe oonse*
anence of which caution mu^t tiuavoidably haw
rawn on a retrench men I of tl»e exorbitaaft
prices which of late have been given for thos^
places.
But I need not frive your lortlsbtps any fur**
tber trouble, by enlarging^ more ufioi] this to-
pic, who ou^ht rather to make apuioi^y for
havini^ bren already so lon^ upon it ; the ^en-
ileman who went before me, and be that wiM
follow me utKKi thid head, will be sufiinient to
give your lordships morp ample ^atisfnctioa t
and tlie certainty of the latiH (nhich the Em
himself seldom hkjth the astiuiaiice to deny,
but only attentpi>i by fabe colours to avoid the
inferences from ihcui) will, wherever there is
need or occasion, be supported, and made good
by full evidence*
Mr. Thompson, My lords, I am cotnmanded
by the Commons to a&sist in maiotiiiriing the
fifteenth, Sixteenth, and 8evf^nteentli Article*
of their Impeachment. The genilem^n who
have gfone before me, have acquitted me fronk
giving- your lordshipi. any trouble upon two of
these Aitictes ; and I count it my good fortune
that the third is la lien to my lot^^mt^V^^^vi^
dtoce to ^lOve \]i^ft cNi&.x^'^ ^\v\x;axk«9^v^ vV^^^vM
i
967]
10 GEORGE L
Trial of the Earl ofMatde^M^
[9G8
Ten cImt and direct, that little need be nid,
eitlier to shew the neoessity of the aecuiatioD,
or the truths ol' the facta alleged by the Com-
mnos.
My lords, I wiU avoid as much as I cao re-
capitulB«in!^ any evi'leoce which has heeo
openel MVire ; but the crimes of the unfortu-
nate earl f ^laocleslield arc so interwoven,
that iiinjyljc sometimes necessary for tne to
look b:ick upon circumstances that have been
spoken to U|K>n other Articles.
The Cumrauns in tiie Seventeenth Article set
forth, " That the Etrl very well knew there
• rantee for our fortunes was becoiac the invider
^ of them, they beheld it with iadiszaatWD an4
I horror, and liave applied to joar Jonbfaipi to
denuod redress and Tengeanbe.
Now, my lords, I beg yoar attention, vbflit 1
take a view of the Eari's Answer.
He says, " Ue never endeavourad tn cooeal
Dormer's deficiency." You will bear tbtf bt
did; and alleged, "It would be for the hoDOV
of the Court to conceal it."
The accused Earl proceeds, "As he w»
under a full persuasion the same would In
made good.*' 1 dare say the earl of Maixks*
was a deHricncy in Mr. Dormer's otnce, and < field will, at a proper time, acquaint you
that Mr. lvlwariJK(liio successor) had not suffi-
cient in his hanilii to pay tlie whole money due
to the suitor^." My lords, as to the Earl's
knowl«dt;e ot' this dciici-ncy, he admits it iu
his Answer, by saying, '* He never endeavoured
to cmceal it :'' and Mr. Edwards has notoniy
declared upon oath this day at your bar there
was a deficiency, but also, ^^ that it was laid
before my lord before he w;is adniitud."
Yet '' uutwithslanding lie very well knew
it," the Commons aver. ** that 'he did from
time to time make onicrs for the pnymr-nt of
several sums out of this ofiicc," and in support
of this charge, we shnll produce divers of \\\i
lordship's origin&l orders.
And, my lords, I appeal to the testimony of
erery Master in Chancery, who has been, or
may be examined before you; 1 appeal to
your lon1i»hi|is' observations'^ upon the evidence
you have already beard, whether or no such
proceedings were not calculated, *^ to carry on
Lis unjust designs, and to prevent a parlia-
mentary enquiry ?**
As to the latter part of the Article, " That
sums were paid without any regard to, or con-
sideration of the proportion t}ie rest of the
suitors were entitled to,'* we shall not only
prove the fact, but shew likewise that this par-
tiality was not carried on inadvertently, but de-
liberately ; that this unequal distribution of
right did not flow from a supine neglect, or
careless oversight, but sprung from a depraved
intention, and determined corruption.
Mr. Edwanis will acquaint your lordships,
that he foreviarned the Earl of the conse-
quences that must follow from his payments,
who still bid him '< continue paying ;" and Mr.
Liiglitboun (reasoning with him as beoime a
person associated to the Chancellor) urged,
** That he did not think any measures justifi^
able in a Court of Equity, whereby any undue
preference might be given, and some have fheir
whole money and others be left in the lurch."
8o that this misdemeanor, this fraud, was in
^' manifest and wilful violation of the trust re-
posed in him," a trust, my lords, (when faitb-
i'lilly executed) wherein consists the glory and
4iappiness of this kingdom. It is tl)c security
of all our propertiss, a refuge for distrest wi-
dows, and a protection to helpless orphans ;
and when the Commons saw that oppression
hail possest the seat of justice, that partiality
liaJ murpcd the throne of equity, that the gaa-
Here the grounds of this ncr«iasion. Tb
Commons oliserve, m-ith the deepest concenfi
the miserable suitors, that Uiey have met with
no foundation, no colour of reason to inriact
* them* to entertain such hopes. On the eM*
trary, the Master who siicrecded to Mr. Dv-
mer's oliice trequently represented to the Lortf
Chancellor *' The hazards the suitors wenb
from this deficiency."
Yet the Earl boldly asserts, that this ray
Master, " Mr. Edwards, was under a firm ^-
suasion the whole would be made good." We
shall convince your lordships be never had tki
least prospect, 'the least glimpse of it ; asd I
am afraid the Earl and he had just the ** sum
full and firm persuasion of the state of lUi
office."
The noble k>rd goes on : *' and as no appli-
cation was made to him by persons ooncnad
to stop payment." I suppose he means befin
that remarkable motion which produced hii
extraordinary declaration in open court.
Perhaps ihe learned lord will here mikt
another notable distinction, and explain by the
uonis, *' persons concerned," the '* suitoif
only;" and have recourse to his old sabler-
fuge, " that it never came judicially befcie
him." We think, and no douht your lonlshipl
will think so too. that '* Mr. Eilwanls was a yk-
son concerned;" that his pressing applicatiMi
ought to have been sufficient, and that our evi-
dence is not to be defeated by so vieak an evi*
sion.
But admitting, my lords, " that the Eid
had this full persuasion, and that no applicatioa
was made to him to stop payment :" What
justification does be draw from thence? " Tbit
lie did not think it a duty iucumlient upon biiiif
tx officio^ to make a declaration of an average."
How contradictory, my lords, how ineoa-
sisteot is this with his Answer to tJic Fifieeotb
Article! There he pleads the case of Dr. Ed-
disbur}', and in that case an average was da*
dared. The precedent was followed to eooiiH
rage contribution, but was laid asiile wheo it
directed him to secure the suitors their propor-
tions. Here I can't help oiiserving, that as the
Earl has, through the whole series of his ac-
tions, copied precedents from the worst viewii
so he has now quoted them in the most dind-
vantageons manner. When his piiihjiMsnn
took small snms, he ventured by their «HV|*
to swell hii demtnds lo ezwbitaiii pMij ^
for High Crimes and Mixdemeanori^,
A. n* 1725.
[970
Ifn their pAtlfttift sUouUl have M liim to a
, n.,ii!*.M- ' :^iiiion in the choice nf
1 to ireaii in their loDl*
, ihis (iivceileol *in!» g-tMnJ
I I purpose of cnncc'ulinj^ a ileltci*
,i*L'tl to he so^ when it was to do
I lh« injured ituiiors. He has turneil
oat nptin himself, and if' l>r. Kdilis'
r<U liirn in one article, he luust of iie-
DuncJ him in aimthi^r.
1 « hall next Ukv notice of in his Aq-
• li, ** Thm he docs not Jtuow any orders
de hy hini^ except in the ciise of
Thut cftse is atti'-uded vi ith such cir<
hccs, and may he fallowed hy iuch con-
»» tliat he ha^ not yct^ nor Vill, 1 dure
fitti^et it: huwercrt I presiirae he
•>thers, when we produce his oiirn
; .IS for three several payments, ojae
\}l. another of 042L and a third of 2,000/.
lis evidence alone, niv lords, ivould siin-
\ this Article ; but the karl has ihorougbly
[irmcd the Charge in bis next sentence.
believes orders have been made by the
IS own orders were criminal^ orders
1 1 were innocent, till they received
fUtiip of giiilt, who knowing the conditioQ
he otHcef conimanded '* PHyiucntif to lie
orderji came in*" Tfie impeached
were ttiiv hiii only of!ence» therefore
npeucthtii) commanded these puyments.
Plf defence ha attain Ikecome his acctiKaiion.
lirom the Court would have ended, had
Ml tiie i>f anter to kton payment ; hut
Bid huve iJiftcovered what he look such
itabte paioH to coooeiil ; and from that
«Dt aroHe the injuries to the suitors ;
; IIms malignant ground -work of hi»
\ dcaignB^ and is uo^ subject of our
%ky the Earl did not mean here ob-
» inginuate, that he had a sharer in his
l«d admin [^(truiion, or to bring another great
ii)tie«t ion with hitt: that were not tor
C'hHractprs, my lordfi receive
i from their foils,
I have oficned to you, that we
i iUv accuMition contained in thp Ar-
enforotf it from the Earl's An!*wer.
' limlihiptt Hod we have made good our
i^fV I auhmit it to your lordships, what
ent you wtJI paaa upon such ** man i feat
Uul vioUti^na of the rigbta of the sub*
r it frotn me to add load to the guilty ;
it in impoAfiihIe. Crimea com-
Ord Chancellor are capable of no
his station enhanren hiif guilt,
''are now b«T.oiiie a parliametitary
hiry, at thi? ( httnn^llor** consciooa heart
A ; and the Common* think
Mid rea««»n why v'u*' lord.
.»»co the earl of ^f-— i'-<".^,i.i
I hinuelf with vaui
Mastteri, ** Thai i... ,.^^„j
E hicu, hat ihcui tauch mor««"
The Common*^ are sensible, thai he who hat
so long hecu a stranger to justice, will ui Isst
meet with it here ; and thut your lordshijta
providential wisdom wdl never suffer such re*
proatrhes to be cast upon Ibis, as have been \
thrown out upoo another nation, '^ That
judge is an evening wolf ; that justice standetli
afar off, and equity cauuot enter.'*
Serj. Fengtlly, My lords, we beg leave tal
caII our witnesses in sup|K»rt of these Articlea*]
We desire Mr. Conway may be called.
Mr. Conway called and sworn.
Serj. Pengellj/. My lords, we l>eg leave thai J
I\lr. Conway may be asked, whether he paid "
any money ni the nature of a contribution, tmd i
when ? VVe have the receipt here (shewing ii J
to Mr. Conway.) J
Canway. Aly lords, this is a recsipt given j
me by Mr. Edwardi, Au^aist ll, 1731, for th«
sum of 500/. conUibuLed by me. [Be reads J
the i^eceipi.]
August 11. irti.
'* Received then of Master £dward Conway^ j
esq. the sum of 500/. voluntarily contrihuletl j
by him in aid of the deficiency of my prede«
cesser, Fleetwood Dormer, esq. in the cash of J
his oiHce, which I promise to repay in cas« [
the same shall at any time hereafter be other •
w ise made good. U. Edwards ,*'
8erj. PengttUf. We desire he may be askeil 1
in what manner he paid it, whether it was out j
of his own money I or stop! out of any other J
money paid into Court ? J
Conrmy, Soon after, (wy lords,) 1 was ad*^
mitted a' Master, Mr. Dormer's detituency <
broke out; and the conirihuiion of the Bfastert
being then spoken of, I was among the rest ap*
pliecl to to coiilrihuie; 1 was sworn in in Ja*
Duary, 17S0, and this receipt is in August,'-
172 1, when Mr, Edwards came home to brin^ i
me Bomejunior Masterg^* ntouey* which he was |
to deliver to me, out of which he Ktoot (litt i
600/. upon account of the contribution wnich I (
had proniihed to come into.
Sserj. Peri^diy, We betf leave that Mr. Con-*
ivny may be ai»ked, Whether the 600/. was
alluwed or detluctcd at that time out of th<3 sui*
tors' money ?
Conway. Ves, my lords, it was stopi by biA j
at that time. |
^rj. PengcUy. What persuasions were mad^ i
use %*\ to iuduee the Masters to conlribule V9 I
pi4v this money P
Conway, VVhen the affair of Mr. Dormer j
came out, what I can remember is, that letter <
that came from him from Holland was sent Xik ^
Mr. Hotfoffl to bc^ r«ad before the blasters in <
the |Mi^ Where the Misttts tpok« j
of wL ; pinocr. I
Herj. nuiiiity. tV hat mtimation was th«re]
frotn Inni, or from any other person, <»f any di<*
.,.,.,;,.,. t,..T'T -^- I" I ^I'TrcUJslifckl relating \m {
uatribulioaf
, ,,. i ;, ..:v :grd IVUoolaifi^M^ !•«
crctary was there at'Uie uniie Mr. Donuec'a
971]
lOGEOHGE I.
Trial of the Earl of Macdeifiddt
[078
letter was read. I thiok lie had spoken what
he had principally to say before he came in ;
but I think he said the consequence might be
I'atal to the Masters, if we did not take care of
this deficiency.
Serj. Proiiyn, We would not presume to in-
terrupt the learned Mauaj^ers ; uut I think the
pariicular time when this was done, and Ibe
particular sums that ucre paid by each Master
ahoulil he stated. I remember *^Mr. Edwards
was pleased to say, thelirst 500L that was con-
tributed was paid upon the day he was sworn
in, which 1 think was in May, IfSl. We
desire therefore that he would please to express
the day when every odier sum was paid in.
SoL Gen, We only desire this gentleman to
speak to his own payment.
Conwau. The receipt is dated August 11,
1721. Then Mr. Edwards stopt so much
money.
Serj. Pengelli^. We desire he may be asked
how he paid that money, whether vulimtarily,
or freely, or upon what ground?
Com. Scjj. I beg |iardon, but T must beg
leave that the witness may deckire at what
time this transaction was ?
Conway. It was the day the receipt bears
date, tlie transaction ' happened, August 11,
1721.
SoL Gen, We desire he may be asked, what
induced him to pay in this sum ?
Conway. It was stopt as a contribution to-
wards making up Mr. Dormer's deficiency.
Seij. TToby%, My lords, we desire that this
witness may be asked. Whether there was
any prccetlmg promise or agi-eement to pay
this money ?
Comcay. My receipt mentions a promise.
Serj. Prohyn, Then I desire to know how
long beibre this promise was made ?
Conway, Soon after the defiicency was
apoken of in Mr. Dormer's ofllce, in February,
1720, about three weeks afier I was admitted.
Mr. Edwards called.
Seij. Pengeliy. My lords, we only call Mr.
Edwards to ascertain the time when ne receiv-
ed the money of Mr. Conway (or his contribu-
tion.
Edwards. My lords, according as I have
taken it out of my hook, it was the llth of
AuGfust, 1721.
Serj. Pcngclly, Now, my lords, we shall
shew tlie manner how this payment was made.
Then Mr. Lightboun was called, and ap-
peared.
Mr. Phtmmer, I desire BTr. Lightboun may
be asked, if he was ever pressed to pay 500f.
by whom, and for what ?
Lightboun, Not long aAer Air. Dormer's
failure, Mr. Cottingham
C<m, Serf. My lords, I hope Mr. Lightboim
thali mention the time as he goes along.
Lightboun, Not long after the failure of Mr.
Dormer, I met Mr. Cottingham by accident at
mj Lonl Chaacellor't.rooui at WeBtminster,
and he asked me, whether there bad km men-
tioned to me a proposal of paying or advaneiog
500/. a piece towards making op the daftriiiify
of Mr. Dormer's office, for carry iog oK the ba-
smess there ? I said 1 had licard it ; he smI'iI
was proposed that it alioold be immedialfllf
raiseu, that the business of the oflke nigkt be
carried on, till 31r. Dormer's efiecta ceoU be
disposed of and sold ; and soooe intUMtiea m
given, that possibly we might hafe our Bwmjp
again as Dormer's eflfects carae in. I km
heard such a thing talked of, says 1, but I vil
never come into it ; I thought it attended mik
dangerous circumstances, and a dangerous p«-
cedeut, and thereibre I waa resolved 1 mU
not contribute.
Mr. Plununcr, Can you recollect what poi
afterwards?
Lif^kibaun, He said all the rest wooU. i
said I would not ; and I continued the on
resolution when I talked with the MailKi
about it.
Mr. Plummer. I desire he may be aiUl,if
my lord Macclesfield ever pressed him tofif
this money, and when ?
Lightboun, It was often mentioned to aslf
the Masters, why I did ootcoiitribataailM
others did, and 1 was made nota littknncMjIl
not having done it. I think, in the begimnr fl
the Slimmer, ir22, as near as I caBrewoiHr-
the Ume, my Lord Chancellor oomiiiff m^'
Court at his own house, (where 1 hadtbcki-
nour to have been sitting with him) said, Ir.
Lightboun, 1 would 8)>eek with you. I follawd
bis lordship into his house up into his Mif^
where my lord was pleased to say. Mr. \M^
boun, I am very sorry to hear ibaft yon MM
not contributed your 600/. towards making*
Mr. Dormer's deficiency ; for, says k^ H
must be considered, that it will be atteaM
with ill consequences, if that noatter is iM
taken care of. I asked him, Waa it year tori*
ship's proposal ? He said it came fron Iki
two senior Masters, but he approved of it I
answered. That if it had come from his \iuM^
it might have had a difierent consideraiioB, W
as it was theirs, and to serve their own
I hoped his lordship would not insist updo af
coming into it. The two senior Blaslcn W
been long in their offices, were grown in yoMlf
and were willing to get oat, ud aell at M
prices ; one of them had slipt out, and w
other was about it : that 1 was but lately cflii .
into the office, and intended to continue is ^
and said, I will not concern myself m ikk
affair, unless the office can be put upon Mck
a foot that the suitors may bo made safe mI
easy.
I^rj. Pens^elly. My lords, I deaow he n^
be asked, Whctlicr at this time my lord Ifi^
cleaficld made use of any reasons, aiguui^
or promises towards prevailing upon hiia ^
pay this money ?
liightboun. I can*t aay wj lord pMflii ,
me ; he left me to my mmi ipdinatiwi krt
advised me to pay it, aiid not to staad aals- ^
do as the rest did| aad not la itMid ataM i»fc
W]
Jar High Crimes and Mi.idemeanort.
A. n. 1725.
[974
8erj. JPengflfy. Whether did he ineDtinii of
rhat coDsequeiice or advantajfe it would be to
%e Masters ?
Lighthfjun. His lordship said, if there were
OC some measures taken it miglit lie of ill coii-
equence, and that this was tlie only exoedient
« tbouffht of. J told hid lordship I thought
liere were many others, but this was oiip 1
rouid not come into ; but that it was not for
ie to presume to dictate to his lordship, J
liou^ht it did not become me.
8eri. Fengelly. My lords, I desire he may
e asked, if ulter these discoum^Temeiits my
MPd Macclesfield did not agaiu demand money
if him, and when?
Light Inmn. My toids, in the year 1724,
(boot the latter end of July, I met Mr. Cot-
ioKbam by accident at the tavern. He came
k and desired me to ^ into a room, for he bad
nnethinj;? to say to uic. He told me, that my
•rd Macclesfield had sent him to tell nie, that
M wondered that I had not paid my 500/. ;
hat there was 1,000/. to be paid to Mrs.
%lty, or to Mr. I^ckman, that must be im-
Mdiately paid ; that my lord had been applied
Ditnd much pressed, and it must be forthwith
■M, and he expected that I would advance the
i€0/. and the rest of the Blasters 60/. a-picce,
Web would make up the sum. I said to Mr.
Mlm^ham, I cannot think my lord Maccles-
kdd would send you on such an errand to me ;
'' Md my Ion I formerly 1 would^ not pay it,
^ wts with his lordship this morning and he
■id nothing of it, and shall have the honour of
^ailHicr upon him in a day or two, and if he
ben t6ink fit to talk to me about it I shdl give
in a proper answer; but I don't care to send
iy Bicssagesto him by you, because messages
^B liable to be mistaken and misrepresented,
■d I will give mv answer myself. Upon that
tr. Cottinghnm {)ev:an to be angry at m}' dis-
(Viling him, and thinking that he came of bis
^ ftcconi, and averred to nic that he came
'tlh my Lord Chancellor's privity, I repcared
^fltme answer nsrain to him, that 1 would
kv my own answer to his lordship, and would
j^vn noH'^ b^ him. In a day or two afler
■ere was an mtimation given, that my Lonl
^•ocellor expected all the Masters to attend
ha at six o'clock in the evening : we imagined
W h was a call upon the other Musters for
feM money, and for my 500/. They had all
^laivd to me they would never contribute any
■ing more, and therefore 1 desired them that.
■ case that were the business, they i^outd
ggjy declare their thoughts before my lord
I^MBlf. 1 believe it was the senior Master I
I to do it, sflvin^^ to him, It best becomeji
stht answer. Mays he, If the tjues-
;, I shall propose that we may have
^ ^consider nf it. I desired he would not
ilthaty it would enrourage my lord, and he
^gtittfiiok that if lie iuiportunetl it farther we
^liM oonply , and f<>r my part I am determined
MiotiD it ; so we went on to my lord, and
^WM carried up stairs; when we rame there,
•ytod laid, There h.ttli been an application
PiNedtodo
|i« te ffive t
^ be put,
^he to oonsi
made to rot on behalf of Mrs. Chitty or Mr.
LfK*kuian, I think he wus the perhon expressly
named, and that he had Iteen much probsed by
persons of distinction ; and then he turned to
me, and said Mr, Lightboun, I am extremely
surprized you have not naid the 500/. as thw
rest have done. A Her he had used a good
many persuasions and arguments, I tokl hiil
lordship it was with great concern that I refused
to do any tiling that his loidship could desirs
of me ; but this was a thing of such a dungeroua
consequence, that I would not contribute one
farthing, and that I had givm his lordship my
reasons before ; if he would hear them agatn^
I would repeat them again ; but this one was
of most iveight with me, that it might be a
precedent, and looked upon as an luidcrtakiug
for one another, if ever there should be a na-
tional enquiry into these matters ; xxad that I
would be answerable only for my own debts ;
that as I had not contributed towards the mis-
fortunes of others, I would not contribute
towards payment of their debts; that I did
not know but the paying contributions to
make {rood the demands on other offices might
make deficiencies in our own ; I had alwava
refused it, and never repented it, and I had the
pleasure of hearing every Master repent the
doing it. I called upon the rest of the Mastera
to deal ingenuously with my lord, to tell hiui
what they had said when tliey had talked over
the niaUer among theoosclves, that they would
not contiibute any more ; upon that Mr. ilol-
ford got up and said. He would never do it.
Then my lord said, he either would pay it him-
tclf, or take care it should be paid.
Mr. Flummcr, 1 desire he may be asked, if
my lord Macclesfidd used any insinuations
with respect to the parliament?
lAghilHmn. I forgot that my lord Maccles-
field was pleased to say, tiiat the consequences
of not contributing to raise a sum of money to
pay the debt of Mr. Dormer, might be, that
the money and securities would lie taken out of
our hands. 1 told him I was ready to deliver
both the money and securities the next day, if
bis lordship made the pro|)er orders, and 1 was
properly indemnified. I think his lordship said
fiuther, this may produce a parliamentary
enquiry, and should it be resolved that purchas-
ing a Master's place is contrary to the statute
of the fiflh and sixth of Edward 6, you might
lose yuiir places ; to that 1 replied, 1 would
quit my office rather than hold it upou those
teruH of paying other Masters* debts. He
went on further almut a parliamentary enquiry ;
I said, let the consequence lie what it will, i
would not pay it. IMien I called upon the other
Masters, who said they would not pay il.
Serj. Probyn. 5Iy lords, as to the pacing of
the 1*000/. to Mrs. Chitty or "SU. Lockmau, I
desire Mr. Lightboun may bo asked, whether
the late Lord Chancel Inr was pleased to say,
that he had or M'ould take c»re to pay tfic
1,000/. himself; or what the particular ex-
n revision was that he then made use of, that ha
had taken care, or would take care ?
J] 10 GEORGE I. Trial of t/ie Earl of Maccleffmldt
t978
Lightbtmn. I canH remernber» at Uiis dis-
'"iMCfc oriifne, whether he «aid he hsil, or would
take care to pay it. There m so little ditferencc,
tbiit 1 cannot any which. J do not prt^tend to
say those were the very expressioni my lord
used to itie, or I to hint. 1 speak as to Uie
nor or purport of our con vernation , i would
either aggravbte nor soften matters*
B&t\* Pengelii/, The next witness we call is
Ir. HoifonT, who was present at this conver-
ation.
Mr. Holford sworn*
Serj. Penedly. We desire Mr. Holford, may
be asked I wTietlier he was present ut this time,
W ti mentioned j when the M maters were re-
quired b V the earl of Muccleslleld to raise this
1,000/. ior Mrs. Chitty or Mr. Lockmau ?
Hoiford, My lords, I was present at that
etiti^* It was desired, as 1 apprehended,
hy my lord Maecles&eld, for us to attend him
atfiijc o'clock. When we came up there, I
think, the 6rst thinrr that my lord Macclesticlit
aaid was, he asked Mr. Li»fhlbouu why he
would not pay bis 500/. as others had tfcnc?
Mr. Lirrhtbouu did g'ive this aors^wer: Th»t tie
had to id hint several times before, that he would
not do it ; he had g^iven his reasons, and it
was in vain to repeat those reasons a^uio, he
i^lf as of llie same mind siiH. Mv lord then
poke of a demand there was of 1,000/. on
lr# Dorraer^s office for otte Mrs. Chitty and
^Ir. Locknmn; and I apprehended my lord
inenticmeil it as if he Intetided that the Masters
ahould contribute towards making it up ; but
he arter said h« would take care of it. After
that my lord did not mention the 1,000/, but,
in gcneml, spoke of the deficit* ncy in Mr*
Dormer's office, and it ought to be made up ;
and lie proposed, as I did apprehend, that Ihe
Masters should make it up. Mr. Lightboun
did rait upon me to declare ; upon that I told
my lord it was very iin advisable to contribute
towards A deficiency which nobmly knew what
It waa; and the doin<^ so would only be ruiuin^
one's selfy for fear of being uodone ; and, for
my part, I was unwillio]^ to do it ; any body
else might do as they though I Ut,
Mr. Piummer. in what manner did my lord
^address himself to Mr. LighibounF Did he do
"t in gentle terms, or how ?
Holford, lie Sjioke jiretty sharply to htm>
Serj. PengeUy, What was said by the earl
MacclestieUl, to persuade the Masters to
Cvme into this contnbution ?
Jfal/ord, 31 y lord said it Was a grievous
thing there had not been that due cart^ taken
there ontfhl to have been; that those who
came 1ir$t bad all their money, and those that
crime at\er would have noue; which would
|Duke a great clamour upon the Masters.
Serj, Ptngelty. What was siud upon that?
Hofford, I donH remember what in par-
Mcular.
r^' Serj, Ptngelly. What was said as to a par-
Holford, I rememher my lor«l dul lay, it
migltt perhaps occasion a 'fKAHiaioeolarr eo«
cjuirv. 8oppo<^e^ said he, the ^Hiaiueiu Miaubl
resolve, that the office iti a ntttsn-r Ta Chin.
eery i^ a place relaiiug to ihe * i
ju4ice, and resoWe lliai every Wm i^
pun:ha«ed those offices is within lUeiitstiiieoC
the Ath and 6th of Edward 6. It may afet
me in ^ome degree, in Ihe loss of the diiip»i>
tion of the offices; but it will affect youia
ilie loss of the places themselfes.
Serj. PtngtUy, Whether any persoo tlui
asked my lord, in what manaor it might a
before the parliament ?
Holford, 1 asked my lord myself^ and \
it wouhl he a favour ii' he would give us |
opinion, in what manner it might couie I
the parliament, and in what way? Hei
it might come in by the committee t<^
of justice, appointed by the lluiis<
mons at the beginning of every s««
when I came out of the room, I swiS, tl irfi
more likely to come by way of omphijxit \km
that way.
Serj. Pfn^tUy, t desire Ue may he a
whether, at thin time, the MostcrH agreed^
come to a contribution to (>ay ibis l,O00t (
what wasfsaid about it?
Haljnrd, It was thsagreed to ; ami wk
was so, my lord did say, thai he hiiii««lf i
pay the 1*,000/.
Serj. Pcngelh/. We leave that la a cirt
stance of my lord^s eudeavuuriug to pre
parliamentary enquiry.
8eij. Probf/n. BIy lords, we desire ]
ford may be atiked, whether he can be|
as k> the time of this meeting ?
Holford, I believe it was in July or Ao
1724.
Serj. ProJ^^i». You cauH be |>osiiiTe.
Holford, No ; t cannot be positive.
Serj. Probyn, Whether was there, at
tlme^ any proposal made lo raise tnoo.
any annual sum or payment out of the i
towards paying the deficiencies by degit
Holjord, I do not remember any such thti
Siirj Prohyn, W*as such a proposal i
any otiter time?
Hrdford, I don*t remember thai it was <
proposed by my lord. I have beard
amon^ the blasters of a great niany ach
and proposals ; but they never did
any one thing.
Serj, Prcbj/n, I destre he m;iy refrcsli Itfl
memory, and that he may infunn yoap
ships if there was not a pro|i08ai |]uuJ«
tJtey might be maintained iu tbetr ofl
they then were, they would not then
that a conlribution should be raiaed among
Musters,
Holford. No, I don't remember that ; II
lieve It was menfiuned, that su^^
Masters miifht be continued on r
were, whether they would not llnnk n v»rirtl|
their while to do it ? I saul it wa^a matter ft
to be couiiidered, and 1 did not know boi it
mi^ht ; but there was ao method [iro^oieil tiol
ftn]
Jnr High Crimes and MUdemeattors.
MiatseemiHl <l»ff)cult •, and I don'l Femember
If} at liny thing was agreetl t*>.
i^if, 5rrf/«wf», 1 desire h>^ rn«5' be askecl,
whether, after they hati contri bated the 500/.
^•pj»-ce» their nmompts were called for by my
lord Maccles field in the manner tbey were
called Ihr before?
Ho! ford. I don*t know but they rati^bt The
inner of calling* for those acconipts >ras
iw; there was a writing left in the public
ice, in » hich there wat a great many items
what method thoae accompts iihouhl be
ught in. 1 had prepared mine, and waited
they shouUI be called for, but Ihey were
caileil for nrr demanded ; so ! Inid mine by*
'Com. Scrj, i desire he may be a^ked, whe-
this discourse, in relation to the raising of
ney, was to pay off the whole deficiency,
confined to pay off this demand of 1,000/.
Holf'ird. I don't remember any proposal,
only a discourse that was started. 1 did
apprehend ibe whole deficiency wa« in*
'ed to be paid ; for I never knew any body
t coiiM tell what the whole deficiency was,
of late,
dm. Str). I desire to know, whether be
!aka this from hia memory?
Hot ford. I can speak from nothing but my
inory.
" Scrj, I desire that he will inform your
lips, whetijcr he doth not remember, that
fdrember la?it there was a signilicati'ni to
Miister'^^ and to hrm in particular » to bring
tlieir accomj'ls ?—UofJord, Yes, my lotda.
Com. Serf, if there Was »iich an* intimation
November last, to deliver in their acconipts,
comes it that ^ou say you have them by
atilt ?
Holf^rd. This h a mistake ; you misap-
:bend me. The accompt, that I mentioned
wfti what \%m immediately called for
the failure of 1^1 r Dormer; but the ac-
in November last was what was called
y the judg-es, and dthvered in to tlie
tmcil,
E, wf Macclesfield. My lords, I desire to
low whether Mt. llolforilcan remembur what
particular directions m to those aecsompts
and whether the accompls he prepared
e drawn up according to those directions?
^ Half or d, Thoic directions were many; in
iwiog- up my accompt, I did not draw it up
actly according to those directions ; but I
iw fhetn up to shew the balance of cash and
buHties in my hands.
["E^ of MaccUifield. I would desire to know,
bether they were not the like directions as in
ovember last, and whether the Masters did
not think it im practicable to draw it up ac-
cord incfly ?
Hofford. Yes, my Tords, they did ; they
gipu^ht it difficult; I thought it was nut
^ncticabfe without a great desJ of trouble.
^ Wit George Oienden, 1 desire to know whe-
ther it was required by my Lord Chancellor
lo look into Dormer*s deticiencyf to sec what
Ifir true state of it was at that time ?
VOL. XVI.
A. 0. 1725. [978
Hidfard, All 1 heard of it was : I heard that
my lord had ordered Mr. Edwards to deliver
in an nrcoinpi of ^Ir. Dormer's office to me
and Mr. Betinet: he did deliver oue; but it
was au accompt done in hastC) and did not
shew what the deficiency was* For some of
tiie payments said to be mode, no proper
vouchers were produced ; there were mistakes,
and it was not a proper accompt ; and without
exarainino^ it we coutd not depend on it.
8erj* Pcfigell^, He mentions, that at tbti
meetiticf it was said, supposing the Masteti
mrght W continued on the same foot tbey then
stood, ^c. I desire Mr* Uolfurd may explain
what he meant by the foot they then stood on ?
What liberties and privileges were meant by
that e.vnre^sion ?
/loijord. I understood it was their con-
tinning in the possession of the money.
Serj, Pengeu]/. Whether that was to lock
the money up in a cabinet, or to have power
of the money to make use of it?
Holford. For my own part, 1 should not
hare locked it up.
Mr. Lutwvche. 1 woabi bef leave to adc
him, as he bath mentioned the calling- for the
accompls, whether he delivered any accompt
to the earl of Macclesfield, till the order made
by the council ?
Ho/ford. My lords, I did deliver an accompt
to my lord Mtidclesfield, or to Mr. Cotting*
ham, of my money, but not of the securities.
8erj. Pcngelly* We desire Mr. Edwardv
may be callsd again. J Accordingly Mr, Ed*
wards was called, and appeared,]
Seri. Pens.cU}f, My lords^ we beg leave thai
Mr, Edwards may ijive your lordships an ac-
count (bccsuse be was immediately concernod
iu a demand made upon this ofBce) what ap«
plication was made to him for this Mrs.Cbitty**
money ? And what application he made to the
earl of Macclesfield m\ that occasion P
Edicards, My lords, there was an order
brought to me, that was made by my lord
Macclesfield, for the payment of 1,000/. to
Mrs. Chitty. I told the party, ! had not
money in my hands of Mr. Dormer *s suffi<*
cieut to ai>6vver the demand upon the office. I
then went to my lord Macclesfield. I told hifa
{1 had been forced to trouble him pretty often
upon that occasion), that it gave me a great
deal of uneasiness that there was no fund in
my hands to answer those demands thut were
upon my office. I hoped his lordship would
take care that there should be a supply, or that
he would not be pleased to make orders upon
me for the payment of money,
Serj. Pengelljf. Give an account of tli«
whole that passed, the whole conversation. *
Edwards. My lord Macclesfield, in answer
to that said (at least, it was what 1 understood
by his answer), that if the people would but
have a little patioice, he was doing erery
thing necessary, and making proper regulation!
tor that purpose.
Heij. Pengetly. I desire he may be asked.,
whether my V^ttl IhliictVt^^^X^ *X >2a^\ v«ftft*a.*
3U
979]
10 GEORGE I.
Trial of the Earl of Macdesfddt
\m
I
rected bim to proceeil to make any farther |iay-
meiiis^ %>r euctfuragreil hiin to go ou to iiiuke
II V men IS?
8erj. Probyn, Mj lords, we tppreliend that
biR is too (trading' % questioB.
Serj. Pcn^eiltf, What directiaos be hud, iu
raeral ?
Mdwards. My lords, I bad no directions that
remember.
Sen. Pcngdbf^ 1 desire he may acquaint
r^oiir lordships^ whether he said any thin^ re-
LJaiin^' to the stale and ciiudition of llie suitors
Df the Court?
Edz£i:rih. S«rera! limes that I had the ho-
bour to u ait on itiy lord Macclesfield, I tuM
bim there ^vns Hke'to be m i^reat deficiency in
Ir. D<i»rner*s effects : all that had been raised
Fout of Dormer*s etfecls was exfiaustcd aad
l^one, and ttiere were a threat many di^mands ;
and I Imped provtsion would he made to an-
•wer tbeni : it was not for me to do it else ; and
I hoped (t was not e^cpected that I should.
Serj, Peng c lit/. Was any thing represented
at that time, oincerQin^ paying some of the
•urtors of the Court, and not others ?
Kdwcirds, About that time, or rather since,
as \ remember, 1 told my lord IVIacclcsfield
that 1 saw the Masters were determined not to
make any farther contributions ; and if that
^ere to be tbe case, and that there was to be no
farther supply of money, it would be very hard
for some to have all their money, and others
none at all. My Lord Chancellor said, I do
Dot know what to say to it ; 1 think it is very
bard it shonld be so ^ I will take all the care 1
can, and hope to make every body easy.
Mr. Luiwifcht. Mv lorJ^, I desire he may
lie asked, whether he dud not paid all the mo-
ey , or near all, when this discourse happened?
Eduords. Ye«, my lords.
Mr. Lutwyche* 1 desire he may be asked,
fhether he was present at the meeting ol the
tasters, wheD this 1,000/. was insisted upon,
nd on what occasion it was P
Edwards, It was trpou a Kummons that all
the Masters should attenil his lordship ; I am
not sure as to the dny ; 1 ihink it was the latter
end of July r we waited upon his lordship about
•ix o*clock in the evening, and my lord Dieti-
iioned it to Mr. Li^htboun, that he was siir*
prized that be had not contnhnted his 500^. he
vondered that he should be so backward in do-
ing what others thought right to do, and that
there woji occasion at that tiuie for the py-
ment of 1,000/. he meutionf^d, either to Mrs,
Chilly or Mr. Lockman. Mr. Lighlbooti told
liim, that he difl not expect to he asked again
upon this subject, he had so often told his lord-
8hi[i he would not contribute ; other people
tDight do what 1 1 ley pleased, but as for his part
lie was deteruiiuerl not to do it.
Mr. Xufaj^tAt'. We desirt; to know what
passed, and what was naid by the Eurl at thut
meeting ?
Eduardd, When this was refi»sed by
IHr. Lightboun, there was « discourse tu the
eompfioyt (litit if the rest of the Musters would
\
advance ^OL a* piece, ami Mr. UghtWfi bit
500/, it would make up the sum. The MMUft,
most of them, upoke their rnind, aod sl)€v»fd
an unwillingness to contribute any more. Uy
lord Macclestteld was pleased to say, this it a
thing of conseijuence, a matter that ought tobe
considere<l ; here is a very pre«sinf? oocaii«fi
for a sum of money to be immediatery paid^ if
oot paid, 1 don^t know what the ooii9ei|tMeMe
may be : clamours begin to grow pr^rltj i
I don't know but it may occasion a parii
tary enquiry ; or to that effect.
Sir. Lutwychc, 1 desire he may h%
whether there %va^ any further discaurw
the parliament might do.
Edwards My lord Slacolesliehl was pletvl
to Bay farther, I don't kno\v, if ibitf m
comes into ilie consideration of parliameotv
far it may affect your oltices, the sal<! of
is against an act of parliament : supp
should be resolved by the House, that
places, being Imti^^ht contrary totUc actof |Mr*
Jiament, are iorfeiled, 1 con't say bov^ far it
may affect me in some measure, Uut it willif-
feci you much more.
Serj. PcngeUtf, These are the rery
the Article, and we4»sy rely U|H>n the opii
of the Earl himself, when he was mtbe
sion of that great office ?
K. of Maccieifttld, My lords, I desire Hf.
Edwards ma^ be asked, whether the sutysci
matter of this discourse was the payment ^
this 1,000/. or making good the whole of Dw^
mer^s deticieucy ?
Edaardf, I umderstoiMl tUa^ otily si
be this 1,000/.
E. of MaccJfjificfd. Yoii uttderstood it s^f
EdiLarJi, And the reason why 1 underitiM
it so, wasy becanae if Mr. Light bona woai
have been nleased to have paid his 500t uA
the other Masters 50/. a-piecCi it would kiff
made it^t ihc sum.
E. of MiiccUiJicld, Was the nropoisal of paj
ing 5U/> a* piece, after Mr. LigUtboun bfiu a
fuse<i the paymtMU of 500/. i*
Edu'itrdi. I hthcve tt was.
E.of JV/ticf/e»/it'W. What occasion was
for the proposal to pay 60/. a-piece, whi^n
payment of 500/. was absolutely refustd ?
Edii;ards. I believe it was uii<lerslood by
veral, that, if the other Masters woiUd h
coniiibuted 50/. a- piece, it would have b^eutt
inducement for Mr. Lightboun tu have
and paid his 600/.
K. of Macciesfield, Somebody mosl
this that had that apprehension.
Eduardi, I canH say who proposed it^ OQI^
whether it was proposed by my lord Mai
flehl ; but 50/. a<piece was mentioned.
E. of Maccksficld* My lords, 1 desire
know of Mr. Edwards, whether tKeMastefti
not at any time agree to make good Donac
deficiency ?
Edwardi, 5Iy lords^ I think I n
meeting of the blasters at his lordship'
not long before this» where they seemed
ble to agrce^ that if they were continued lo tkc
9SIJ
far Higfi Crimes and Mndemeanors.
,fjf^lits of their office in afl r^fkect^» auil i>n llie
Lsame (aot its lUey had enjoyed theio, tliut (ben
they woo t«l have endeavoured to Uace ruutJe tliis
E. i»i' Macclesfield, I desire to know W lie
Imlh not fiitiif, that on hi^ coming into liie of-
Lfice, tlie Miiriiens told hnn they would mukc
kguoil tlie df ticiency ?
Edaartls. 1 can't My the Masters ever told
ae they would fuake gooil the deficienc}' j I
dn^t luiy i ever heard ihem say that ibey
I ^011 lit ruiikc it up.
E. of Mace ks field. 1 desire you irould re-
ullect yourself, whcth»;r^ when you were with
|ti}e, and 1 desired yon to ^ive an account ot'
Diit: matter, you did not say, iUnt the Masters
lid promise to naaLe it good« or el&e you would
H have come into the otficef
Mdwardi. IdonH remember I told your lord-
lip so; 1 believe it wns designed by the Mu^s-
I to have fnude it u^ ; if not the whole, the
eatesi part ol the Masters, were laciinable to
Bake up the deficiency.
£. ot Mncclrtjictd, I deiire an acswer to the
question, whether he did nott>ay^ that the Mas-
did promise him to make ^ood the deti-
ency f
Ednards* I don^ remember that I said so
ctJy ; 1 told your lordghip, that un^s J
1 had assurances that the deficiency of the
! would have treea made up, 1 never would
ave meddled with it. Ttiese assurances I
I from Mr, Cottinf^ham and 3Ir. Godfrey.
E. of Maccirajictd. 1 think you say, the
Haste rs did necm to agree, thai if they were
kept in possession of the riifhts of their offices.
Wy would conirihute. Had you two meetings
vidh me in July, or August ?
Edicardi. I tliink there were two in the same
onth of July ; within a month the two meet-
pgs were,
E. of MacckifiehL Whether the Masters
have not maile several complaints to me, of the
inrafiion of their ri^ht in iheii^ officer, and de-
sired me to make an order to redresf \lwm ?
Edwardi. JViit only complaints of that sort
were made, but I beliere those com plaints were
reduced into wiitiuc:, and Utd before your lord-
ship ; there were frecjueni eom plaints by con*
currence of all the Masiertt.
H.oi^ Mitcclcsjitld. How long \viUive that
time were complamts made to im* of I he i^Iug-
lers heingf injured in the profits of their office?
Edaardt. I believe near a twelve mouth.
E, of Mf tec le* field. Was it not more ?
Edward*. It wa^ a full year.
[Earl of Macclesfield shews Mr. Edwards a
paper]
Edward*, Thia as what 1 mentioned ^ a re-
pttwotation io writing laid before your lord*
■Mp.
E* of Mactksfield. Pray look upon that.
rehews another paper, which Mr. Edwards
iooki upon.]
E^Df Ma^cUtfuid* Are tkQS« two ptpeci
&i^netl by you, and ilie other Masters whos«
nutnt'S are at the end of ihem ?
Ed (cards. Yes.
E. of Mace ks field, I ilesire to know, in lb*
next place, wheihur I was not much pressed
by ihe Masters to have made Monie alterations
ill the procee<lin(5S of the Court ? And what an-
swer did 1 give?
Edwards. UfKin thU representation theri
were a great many applicauons made to my
lord Macclesfield. 1 went sever,*! limes my-
self* Sometimes two or three v* uuhl make ap-
idicatitin to him, that he would be pUa^ett, if
he lhau(r|it the matters represented to be ^riev-
ancea, 1 1 ml he would veilre^s them. My lord
did (jtiy, that he thought that the matter of our
coniptuim was just» and that those matters weir^
projier to be rectified, and he would take all pro-
per measures to du it.
E. of Macclesfield. And why were not all
these thing's set ri|^ht?
Edwardt. I remember one circumstance that
i believe will be an answer to the noble tord^a
question. Those mailers were not laid loge*
ther all at once before my Lord Chancellor,
but some at one time, and otherx at another
time; and my lord Macclesfield did say, I
would have you draw up a state of all thesa
grte varices you complain of, and then 1 shall
Kee them belter under one view, and lake theni
together.
E. of Macckijldd. Was there any order
made in favour of the Masters, and lo rvdresa
the*e (grievances ?
Edwardi, 1 remember we were a little im-
patient that there was uo urder made ; we olleit
solicited on several account)^ befure they were
made.
E, of Maccltfjktd, For whal particular rea-
sons if ere you so impatieut i*
Eda^ards, It is iiiipobsible to recollect thtt
parlicular reasons ; they were, in many in*
stances, relating to the proceedings at thellolli,
and the iuoovations there to the prejudice of the
Masters* uffiee!*.
Mr. Fiummer. My lord Jlacclesfield hatli
asked several questions, and I would make an
olnervation upon this evidence^ Ihat these gen-
tlemen applied to hml Macclesfi«hl to redress
grievances, hut he would not promise them a
redress till they paid this deht»
i!Jir George Oecfttien, I dt sire to knnw what
i»e means by the prtititb uf the office ?
Edo^ards. The principal thiu^ that I mean is
the keeping ot ihe money ; but there were se-
veral other thinys in which we thontrht our
ofiices lessened, by taking »«ay theeustomaiy
fees which usually belonged to the Masters.
Sir Gtorge Oxhiden* If the profits ol the
office was the keeping of the money, 1 suppose
tbev made use of it ?
Edirardi, Yes, my lords, I believe it was not
aodersto<»d hy any bodv» thai the money was
to be locked up. 'By tie profits of the money
is meant the putting out the money at interest
for ourselveiJ. But that is not all,'the placinjj
the laiue out at iiivtt^i1^Qx\V^%\xv\at^^^&%»>^'c^
:
m
083] 10 6E0R0E L Trial of the Earl o/MaccUifidd,
flereral pcrf|uisite9, m re|K)r(s and other tliincfs,
which would he lost hy taking away the nloney.
Mr. JoAn Benntt called again.
Sol. Gen. My lords, we desire Mr. John
Bennet may he asked, whether he was present
at the meeting at the Lord Chancellor's, when
prouosals were made for the raising this 1,000/.
• J. Bennet. My lords, I was there, and my lord
Macclesfield was earnest in persuading Mr.
Lightboun to pay his 500/. Mr. lighthoun
•aid he had much rather bring in all the money
and securities be bad in his hands, and deliver
them np, than pay this 500/. Upon which my
lord Macclesfield said, deliTering up the money
and secarities too might be the consequence,
but that was not the -worst ; there might be
?otes of the House of Commons, that the office
of a Master in Chancery did concern the exe*
cotion of instice, and that the Masters in
Chancery, by purchasing their offices, had in*
earred the penalty of the statute of Edward
the 6th j and thereby forfeited their places, and
that! a new set of Masters might be put in ; it
might redound to some loss to his lordship in
disfiosing of those offices, but it would redound
much more to their loss, the loss of their places.
Mr. Lutwyche. ViYiea the Masters refused
to contribute to this ot* Chitty, what said my
lord?
J. Bennet. My lord said, he would take care
of it himself, or that he would pay it himself,
1 can't say which.
Mr. Lutwyche. Whether any thing was said
concerning the consequence of not paying this
1,000/. and whether any mention was made of
Dormer's deficiency P
J. Bennet. There was mention made of Mr.
Dormer's deficiency, and one Blaster men-
tioned, that it was a bottomless pit ; and as my
lord had desired roe and Mr. Holford to take
aome account of it, we both declared, we had
■ot received such a satisfactory account from
Mr. Edwards as could be depended upon, and
that the deficiency appeared to us to be very
uncertain. \
Mr. Lutwyche, I desire he may be asked,
whether any mention was made of any fiear of
the discovery of that deficiency ?
J. Bennet. I can't say hy whom it was said,
but it was said in discourse, if this 1,000/. was
not now paid, the deficiency of Mr. Dormer's
office would be discovered.
Mr. Lutwyche. Pray, recollect whom was
that said by?
J. Bennet. I can't take upon me to say whom
it was said by, but it was said in the conversa-
tion that passed at that time.
Mr. Lutwyche. And who were then present P
/. Bennet, 1 believe, all the Masters. •
Mr. Luttvyche. And who beirides?
3.'B\!nnet. My l<nrd Macclesfield.
' Mr. Lutwyche. Were not all the Matter*
against makmg np the defideucy ?
J. Bennet. Yes, all of them.
B.oe MucclafieiiL WasDoraMr^deAoicoqr
(hen knowD?
J. Bennet, It waa known abroad, bat it wu
not known bow much.
E. of Maccietfield, Were there two neetiafi
between me and the Masters in July, or the
beginning of August P
J. Bennet. I believe within a BBonth there
were two meetings.
E. of MaccU^ld. What waa the tol^eel
matter of the other meeting P
J^ Bennet. The first meeting was to put as aN
in mind of our duty, and to admonish ns li
ayoid any complaint.
E. of Macelegfield. Tliat was the first meet-
ing ; was there any thing said aboutDoroMrt
deficiency.
J. Bennet. 1 don't remember there was.
£. of Maccietfield. What admonition waift
that was given to the Masters, and wl»t mm
said to them^ if they did fiul in their dnty P
J^ Bennet. The admonition waa generelljli
take eare to perform our duty, not to gift mj
etuse of complaint, and, in partionlar, aat
to go out of town, till a week after the iajtwsl
.£. of Macclesfield. Do you not reuNnker,
that t said in my admonition, that if any Msilff
failed in his dnty, I owed it to tlie resite poaiih
him, and to make him an example P
J. Bennet. I believe yoii dkl say an.
Mr. Lutnyche. At the time when this adaP
nition was given, was any thing then saidaheit
your accounts P
J. Bennet. No, I don't refnember that aay
thing was then said on that subject.
£. of Macclufield. In point of regnlsiilr,
when these gentlemen speak of this l,00ft
they should produce the order.
Serj. Peiige//y, It is here, and it is admiurf
in the Answer.
[The Order produced, proved by Mr. Rabk
Paxton, who swore it to be a true copy of tM
Order taken from the Report- office.]
[Mr. Paxton begins to read.]
'* Martis derimo septimo die Martit im*
Kegni Oeorgii Regis decimo, inter Pri-
deaux Sutton Cler. et Annam Uxorerogai^
Mercy Sheldon Spinster et Egidium Lu-
rence Executor. Winifred Sheldon Spii-
ster Defunct. Quer. Elisam Chitty, J*-
hannem Rnssel et alios Defendenles.
<' Whereas the defendant, Eliz. Chitt|-
E. of Macclesfield. It is not necessary ^
trouble my lords in hearing the whole oracff
only the ordering part
[Mr. Paxton reads again. J
* His lordship doth order, that the saklMai'
< ter do, out of the said money in his hands, |nf
« unto the defendant lilizabetli Chitty theftt^
* of 1,000/., and to the plaintiffs the suis *
< 500/., subject to the further order of tkil
•Court.'
Mr. Lovikondwwcn.
Mr. Lutwyche. My lords, wo desire, thitlir'
LvvibQBdMyboaskail, ' ' '
Jut High Cnmts and Misdemeanors,
A. D. 1725.
[OM
eiing' tvheu the Alii^terB utteudeti toy Joril
IncclesBt^til about July lut, and wbftl |iaMed
; thut meelmg^?
JLtmbond, I was at that meeting ivitli
tferal oi" the otiitr Maiiters, I ibmk mast of'
WiD : Dstu what passed (hetif accnrtiitig to the
St of" my recollet'lionj the fii-sl thing wa«, my
prd Maccletiiield I u roe it to Mr. Lightbonn and
ftked him, Why he had not paid the 500/. «8
Irell as the rest oi the Masters ; to which he
leplied, He ncrer wouUI ; and gave my lord
eme reasons wliy he wouJd nut. Then my
rd Alaceltssfietd w.ia pleased to say, there was
i mutter that rctjuired expedition, a further de-
iand w&s made ai a sum of money, by one
Ir. LockniaO) who helon^fd to the Prince's
■ it did behove us to find ont some
wy to niakehiiD easy. He proposed that the
1 should raise that money among^ them.
file Masters in general said, that they could
i do it.
Mr. Lutwychc. Whnt arguments were made
of by my lord Macclesfield to persuade
em to it ?
Lovtkmd, I remember that Mr. Ligrhtboun
lid^ rather than pay it^ he would deliver up all
! money and eflects in his hands ; and my lord
lacclesHehl did reply, Perhaps that is not the
t of the matter, it may t>e worse than that;
^ippose there should be a partiamrntary en~
unify* and the parhament should come to a re-
ittjtioii, that you have tbrfeited your offiec^s,
havini; boug^ht tUem against the statute of
dward tlie 0th.
Lutayche, I desire be may be asked,
bether any encourag^eraent was given, iu ease
he J would pay this money ?
Loviband, I don't remember there was
Hy thing' spoken by way of encouragement
the 3lusteis, for payment of that sum of
»ey.
Lutwyche, I desire to know what was
• result ot this matter, as to this sum ^\^ mo-
^' being to he paid^ and who it was that said
tihoold be pnid ?
" Lovibmii, Upon tlve refusal of the Masters,
r lord ^lacclestield said. Well, 1 will take care
flhat part my*»€lf-
'\ I desire he may be asked^
ntr was then said m relation to
, , -I Dormcr*s office ?
«>n^. Yes, there was some disconrse
that matter, and my lord Macclesfield
[ cspreiss himself as though it would be an
kfilucky things and it must be made up one
way or other, and he desired the Masters to
ihitik of a way to make it up. My lord Mac-
iBin^eld said, if you can have the enjoyment of
I^BMir places, as yon have had them these forty
^Bfftrs, iiill you come into some terms to make
■Pp that debt ? Some said they could not come
^B» it ; pome said there might be a means of
paying it by annual instalments out of their se-
f«ral offices , some seemed to agree to it ; others
1 we may as well make good the bankers*
•Ivta, as make good this debt.
B* vf Mmclmfitid^ I desire he mjiy be asked,
whether be did not aeree, that this deficiency
should lie made good hy annual payments?
lAwibond^ No^ I did not.
E. oi Maecksfitld^ f desire to know, whether
the rest of the Mastei-s did not ?
LoTilnmd, I beheve some of the Masters did.
£. of Mucc(erft€ld. I desire to know, wht«
ther they did all agree '^
iMvthond. I believe the major pari did. f
did not.
£. oi Macelesfield, Do you belieTc any be*
sides yourself disagreed ?
Lovlhnd, Indeed 1 canH tell. The greatest
part did agree. I can't say I heard any body
refuse.
£. oi MacdcMfield, ^ome he says, did agree
to it, the major part, and none that he heard re^
fused. 1 tiesire to know, if it was nut endea-
voured to find out a way to make up whatever
deficiency there was ; and whether this was
tlie subject matter, the making good the 1,0001.
or the whole of the debt ?
Lovihond. The making good the whole of the
debt, as I understood it.
£. of Muccietfield. I think he said, that
[ said then, 1 would take care of the tOOOf.
\V bether was that after they had agreed thai
the deiieieDCy should be made g^XMl, or be-
fore ? — Lovihond. No, I think it was before.
Mr. Piummer, I desire to know, if my lord
Macclesfield did say, he would take care of it»
when the Masters refused to comnhnle ?
Lovtihtnd. To ihe best of my rcmembmDCet
it was upon their refusal that he said so.
Mr< Thomas Benn€i called again.
27)0. Be«ine#. My lords, belbre the Alanagert
propose a queation^ I beg the favour to mea«
tion a thing that my memory slipped me in
yesterday. My lord Macclestield then a^ked
me, what estate 1 bad purchased f 1 said 68/.
a-yearin Kent, and 40(. per annum in Suffolk.
I forgot a house I bought for 700/. which is
mortgaged for the same sum. The account
lies upon the table, 1 forgot it then, and 1 did
then refer to my account that hes upon the Ur
ble, that I might not be mistaken.
SoL Gen, I desire lie may be asked, whether
he was present at this meeting at my lord
Macclesfield's?
Tho. Bennet, Yes, I was summoned to attend
my lord Macclesfield on this occasion. I dined
that day with my brolhcT and Mr. Lofi1»ond
and one more; and my brother told me, thai
there was a proposal come from my lord Mac-
clesfield liy Mr, Cottirrgham. ile said it was,
that the Masters sliiHild advance 60i. a piece,
towards a demand in the Court of Chancery ;
and in case we would do it, my lord Macclea*
field would make Mr. Ltghtboun pay his SOOA.
IVe, who were then present, seemed to agree,
that if toy lord wouki make Mr. Lightboua pay
his 500^, we wotdil pay our £rO/. a-piece. In
the evening, when we attended my lord Mac*
clciiiiL'ldf his first apjdicalion wasto Mr. Light-
l>ouu, and as &oou as we came, he said to Uvti&L.,
Mr. Lighibtmu^ I %m mr^tweA. ^^u>ft^^^ ^a**^
*'
ri
1
^
10 GEORGE
Trial of He Earl ofMaecteffiM^
pet
paid your 500l, ai llie rest have done, I wooilt^i' paid, and lo thew your loniilup* Ikt
at it ; anil he ufied some bard expressions, thai \ tion that was fii&fJe Uy the e*fl
1 wonder be could stand it, 1 could hardly have at that time.
I
I
I
I
done it ; hut Mr. Lit;Utboun didstaod it, aod re-
fused to pay it, aud ga?e hi* reasoDS for it,
•od said he bad ^iveo them over and over
•gain.
Sol. Gen, What reasoDS were laid before jou
to pay itf
Tho, Bennet, The reaaons laid belbre us by
my lord Macclesfield were, that there was a
dedciency in Durmer*8 office, \vhich he was
afraid would break out ; for here was a de*
maud of a aufi» of money hy one, for whom he
had been spoken to by a person of very g^reat
distinciion. I did not know who it wa^i then,
Lut 1 afterwards understood it was Mr. Lock*
man, that was the person that was lo have the
money ; and be asked^ if we did not think it
tor our interest to make such a person our
friojid ?
Sol, Gen. Was there any lbin«j: more said ?
Tho. Bennet. My lord 31acclesfield said that
in case this money was not paid, and some
method found to make U|»thedeticiency of Mr.
Dormer, be believed it mif4:ht occasion a parlta-
mentary enquiry, which might hurt him very
much ; but, saiil be, I beiiete it wilt hurt you,
gentlemen, much more.
Mr. Luiwyche. Were there any of the
Masters that asktrd liim any ffuestionst how he
apprifheoded it would come into parliament ?
Tho. Bennet, Yes, Mr. Holfurd a&ked him
the cjuestion, Clan your lordship imagtfie in
^hal method this may come into parliament f
J/ly lord answered, Ilpon the meeliog of every
|>arlinment« committees were chosen by the
House of Commons* and among the rest there
Vas a committee of the courts of justice, and
be ihouffht it very likely, that that committee
might take this under considtiratiou,
&i. Gen, What was said upon the Masters*
refusal to raise the 1,000/, F
Tho, Bennet. After Mr. Ligbtboun rcfuserl
to puy towaitfs the I^OOOL my lord then said
he would make up that*
Sol. Gen. M aa there any talk of Dormer's
deHciency ?
I7io. Bennet. There was tsotae discourse
about making up Mr* Dormer*i deficiency.
Several of the Masters were acfaiust it« ISl^o
PC heme could he ibund that would make tt up.
1 said upon that occasion, tliat it was a bottom-
)t:ss pit, aud Mr. Edwards bad not given satis-
factiou to any of the Masters what the deE-
cieiicy was.
Sir George OjrentUn* Waa there any roen-
lioD made at this meeting of tho statute of
Edward 6 f
Tho. Bennet. My liOin] Cbancelbr said, he
clid nut know but our otHcesmiiThtcome within
Ibe statute of Edward 6 : and, if that should be
10 resolved by parliament, we must forfeit our
olfioea ; and therefore bad we oot better do
•Ometbin^ than forfeit our offices f
8erj. Pengeity, My lorda, we beg leave to
mil Mir, Lockmaiiy to whom ibiB 1,000/. waa
Mr. Lutwy€he. We beff leave firvt to rmi
the order in the cause of Harper ami Cmc.
f]*beUr«lerk|m»tel
[Mr. Kalph Paslon readft^j
" ftjabbati qtitnto die 0ecemh**> * ^^ ^-^ri
Gcorg:ii Re^isundecim«j
per vidua' Uuer* Tb©!**, ! ^ ^ u'
et Sara' Maria^ uxor* ^tis» Hcatioi
H^lsey, et alios Delemleotes.
** Upon opening of the matter this pmeol4iff
unto tha ri^jht bon, the Lord Htg-b C*
of Great Britain, by Mr. Sollciliir G
Mr, Williams, being of coima^ for tlia i
tiff; and xMr. Benjamin Jackmaa, io the \
sence of Mr* Talbott, of counsel ibr tb« i
fendauts, the Cases. It was alif>g«iJ, Tbnil
l>eing« by the ortter made on Ifie h*snagil
this cause (inter aUa) ordered aod decna^
That the sum of 500/., part of Ute mariii|t
(Hirtiou of the plaintiff, receive<l by llioaHi
Harper, clerk, her late buabond, sliM^uld .
made good to tier with interest from 1
at the rate of 6/. per cent, per aonam,
with her costs of this suit, to be
Dormer, then one of the Masters of ihtk Coi
out of the said Thomas Hariier's estate
which, and other |iur|ioaei in the saidocder^M
much as should be necessary ol the Raid Tbooii
Harper's csute »as to be sold tt» the bnt |MR*
clfaser that could lie got for the saane« with l)p
approbation of the said Master :) nod the tad
Master having, by his report, (maile parcjaal
to the said order, and) dated the ' ^^^
cemlier, 1716, certi tied the sum of .V
to be due to the plaintiff for principal 4ii4 to«
lerest, In^ides cost^f. And the said defeiidia0
having been served with a writ of ejitecuitoail
the said decree, the said Master, by his i
datetl the 9th of November, 1717, aile
snid Jackman the utircha^e of thre« I
Keosinglnn (part ol the premises dir
sold) at the sum of 260/^ And the Mitd J
ter^s report being afterwards abaolutely
tirmed, the said Jackman obtained an I
of the 19tb of December, 1717, whereby iti
ordered, That the writings belonging to
said estate, purchased by the said Jacka
should be delivered to his counsel, and that the
tenants of the said estate should att<^iro ta
him, on bringing his pure baste money befoni
the said Master. And the saiil Jarkman dU
accordingly, on the 24tb oft he same December,
bring bis i^aid purchase money before the Mid
Master, as by his certificate of that date, now
read, appears, and the tenants attOfocd to tbt
said Jackman : but the delendaots haf« evtr
since, by tritling pretences and excuses, pot of
the executing oroper conveyances to the said
Jackman. Ahhough the same have beep lofig
since settled and allowed t»v Mr. EdwardStOea
of the Masters of this Court, the said Mx*
Dormer's successor, as by the affidavits af
Joseph Herring and Tbomai Atwood ap-
Jkr High Crimen and Misdemeanors,
A. D. 1725,
[090
It «afi therefore prated* lliiit all
IM ti)ay I'ortbwith execute convtyaric««
the smd houses to the ttaiil Mr, Jack-
or as he shall appoint : and it i»as
>n ih* plaintiff's behalJ prayed, that the
Mid purcfinBe money may \te paid to heri to-
wards th*.' sAtistactiow ot ivhat is due In her* by
rirtue of tlie !taid decree; VV hereto tl)e counvrl
ttie defendants, Casfi, alleged, that ihej
f eutitled to the residue of the said Thounas
rper*s estntet after !»uoh payrneuts as are di-
1 by the f^M decree to be made out of the
T^ •'■" rrjTidr, aod {he defendants Cnse and
if always ready to Join io esce<.*itting
L'yanceSfUpOfi an apphcnliou beinip
tie of the said Jackman'a purchase money
|rards ivhnt is due to the plaintiff; hut beings
ri^ensive of a deficiency of Mr. Dormer^b
|t4^ to nnvwer the monies broui^ht betore
purstiant to the orders of this Court; and
eiviujj they ought not to be sufferers,
ioug^i §tich deficiency might appear^ and the
ielav beiu;,'' occaflioned by the purcbaseff and
ioidy the plaintiff, and the said Master nothav.
ioff •vttlcd the said couveyances, they did there*
r ruple to execute the said conveyances, un*
lid Jackman^s purchase money should
i.. ..j.j.Sied tothetHu-pose^inthetkniddecrec ; but
Ue wilUngf if tue Court should think proper^
ymcut of the said 260/, purchase money
llaiotLff« and the said Thoums Harper's
eitig di«cliarged of so much, to exe-
the said conveyances. Whereupon, and
bn hearing of the said afBdatits of the said
rph Herring and Thomas At wood, and au
davit of notice to thedefeudanl Hal^y read,
I what was alleged on both sides ; his lord*
i doth order^ that it be referred to the said
^wards^ to examine, whether the said
is dejKwiteit with the said Mr. Dormer
enent of any particular person, and
nd what was the occasion of the delay,
I said conveyances were not executed,
said 2G0l* purchase money paid out
tlie year 1720, and whether there ia
i be a loss of any monies deposited with
Mr. Dormer? And^ upon the said
_ report, such further ordert shall be
ishall bejubl.'*
, Prtif^flttj. My lords, this order was
ttio December last : it i« a direction to Mr«
i 10 see^ whether there wa8 like to be
of Muy luoujcs dcpo«itcil with Mr,
: we pray thai Mr. Lockmoo may be
Mr. Lockman fworo.
• '^ We be{j leave that Mr Lock-
il. Whether he attended upon
*- !fl at anv time relating to
vberc ?
f :iii nttl.r friirn the earl
r 1,0001.
i>d wards,
asinjrtun to wart upon flic eurl of
^ anil tohl \n% Wdslup the iiccensity
nSrlftb iftml. whflcli belonged to Mrs.
Chitty,hutthe benefit of it was made over 1
me ; that I had the misfortune to l>e backis
wards in my affairs, and had some South 1
contracts tomake up, and had made a comp
sitiori of my debts, tor which I had about three
weeks to pay it in, and therefore I desired tha
favour of his lordship to order me the pnvmeut
of this l^QOO/. His lordship was pie iseflto tell
me, that if I attended him Ui town, and a|ipliec|
to him therci 1 should have the money paid.
Upon wliicli [ waileilupou hist lordship iti town r
and when [ had the honour to •{ee lu>i lordship,
he told me, That he had entiuired into the af-
fair relating to that money upou whtcii the or*
der was made; that it wa« in Mr. l>«>rmcr*a
office, where there was a deficiency ; that h«
could not yet brioj? all the Masters to settle
that matter ; but if 1 could come a few days
after, he would see what he could do tor me.
Thereupou 1 attended several days, and went
to Westminster- halt, and spoke to Mr. Cotting<
ham, and he said great pains had been takeu
by my lord, but he had not yet been able to
bring any thing to bear, but he did not doubt
but in a fittle time he could bring it to bear to
his satisfaction ; there had been some motion*
made by serjeani Chediire, &c. which had
frighteued the Masters from raiding money;
but if I attended in a feiv davs^ he would do
what he could for me. I waited some days,
and at last I took the freedom to wait upon raj
lord Marcleslield at his own house in Lincoln's*
inn-Aelds, and I told his lordship I had attended
many days in town, and had neglecte*l my dutj
and service ; that the next day was the last
day appointed to pay my comj>o«ition, A\\tX hav-
ings depended upon this money, 1 bad made no
other provision. Whereupon his lordship said
he had taken a great deal of paioft, and had
spoken to the Masters, at)d that 1 should attend,
his lordship next day at Westminster at teo^
and he would ice what he could do for me ;
but that there was none of the estate of Mr«
Doitner left. I wuited upon hi^ lordship ac*
cordingly the next day at Westminster, JJii
lordship called me into his rfKtm, and told mt
that Mr. Cottingham should pay mo the 1,000/,
bin he believed there would come do more, timt
this would he the tost of the money, or the lost
sum that Mrs. Chitty would receive; and that
if she had nothing else, I might, by marrying
her, in expcctatioD of a fortune, make tnyaelf
worse than I was.
Mr. Dodin^ton. I desire 3Ir. Lockmnn maj
be anked, What the whole sum was that wax
paid in f
Lochmrn. I took it to be about 10,000/.
Hery Ffuf^ilti/. I desiru he UMiy be asked^^
If the earl of ilacclesfield gave aay fartha^
reasons why it was like to be the last turn ?
Luckman. The earl ofMacotefAdd did no
at that time give me any reason j but the daWl
before, when I had the honour of seemg h»a
lordihip, at hi*! house in Lincohi'»-inn*lietd8,
and onctj l^efore that, his lordship told me that
the Masters in Chancery were apprehensive of
loi^hig a great d«al of thidr privileget| aad pr>j<
»
99Ij
10 GEORGfi I.
rrwrf of the Enrl nfMaexfe*(!Mf
[Mi
I
I
r macM ;
were not ivillin^ lo advance any ^^one3^
Mr. West, My lordiij I beg feave to ask Mr
Lockraan, wliHljer he reccUed any direction or
intimaiioQ ai to the keeping ot this pnTate* the
tellini^, or not lelling it ?
Lockman. 1 did receire no intimation at that
liiDe ; aiienn ards» when (he solicitor me! me,
lie asked me^ PniJ^ mv* he, Mr. Lock ma »t,
liareyou rcccifed the 1,000/. you solicite^l Tor?
Yes, I have received it. Pray, ^vho then paid
it you? 1 told him Mr. Cottingham ; (^aya
he, Mr. Cottingham denied it to me. Upon
that [ met Mr Cottioyham «ome lime after-
wardf in the Court o^ Requests. He told me
I should aay nothing of it : hesides this, I re-
ceived no intimation to keep it aecret
Mr. Tr«/, What did he say to ^om then ?
Lothman. He gai4 at first tneetmg mc, Yon
can't fare well, but you must cry out roast*
meat. 1, heing not well acquainted with that
fbrase, did not know what be meant.
did not know that f had ever eat roasts
meat or boiled -meat with him either ; sa I told
him, if that was tn relation to his paying me
tlie 1,000f. it was only what was due, and 1
liO|ted there would be care taken to answer the
remainder. He an«wered^ He couM not teU
what the conaeouence would be, whether ever
it would he liiade up, or ttoi, he could not tell,
he was very uucertaio,
E. ni* Miicc. Sir, I desire to know ofyoit,
'whether you did not represent yourself to me
to be in the utmost disticbfi if this money was
not paid to you, that id such case you must he
ruined?
]jLnkman, I remember I told bis lordship,
thai this money I had burrowed ofBIrs. Chitty,
that 1 hudsellled a composition with my cre-
ditors, and wanicd this money to satisfy them;
that it must be paid the neiLt day *, and it 1 did
iiot then pay it, it would be a great daraajje to
roe ; but 1 prised his lordship^ move, as 1 de-
pended upoo\is*lords!il[r8 promise, and that
vras the reason I pressed it the more.
E. of Jdacc 1 deisire he may be asked. Whe-
ther I ever promiied to pay liim at any time
before Itiat ?
Lockman, When 1 went to wait upon your
lordship at Kensington, your lordship prou)i(»ed
me it should be paid ; that, as soon as you
came to town I should apply to your 1ord<ihin,
and you would give orders]^ and it should be
done.
E. of Macclesfield, Wh^her be did not look
upon it, that 1 did this out of compassiou to
liim*
Lockman. 1 took it as part of a sum of money
due, and l did not look upon it a.«i chanty, or
gut of eompasbion*
E. of Mitccie\ficld. I desire to know. Whe-
ther lie did not entreat It of me as an act of
com pastil on to him f
Luckman, I don*t understand the English
terms, I did not use the word compassiou; f
begged tliat your lordship would he so good as
to order fz/e th e aion ey .
E. tif Mnccffj'fittd, I ilestre Ia kndw, WIun
ther the timt time he applied to me 1 1
to pay the money f
Lochnan. Your hirdshiti prOiiitfil4 tlie <
should he given to the Klaster« tild that 1
should he paid.
E, of Macctnficid. When ivas that prowiii?
Lockman, \VliPn you promised to order till
Master, and I should have the m<mey.
E. of MttcclcifithL How I On If before *
Lockmnn. 1 cafl*t very well reiuem'i
cause the solicitor waited ^erernl itn
the Master and the Master ti
nothing, I wpul to the Ma
then to the Kolls, and there 1 buv^
told me there were no assets in
Mr. Dormer's.
E. of Mttccifxjiftd, 1 deam to kt^o^^
ther he did nut desire a farther smu, uiv . , ,-
1,000/, was paid by Mr Cottinghan^ aod hm
much ? ~"
Lockman. My lord, I ask yonr Ion
pardon, 1 don't remember I Tfirn a^ked^
other sum. When I saw v«' ;» all
wards, I ssked yourlord«^hip, ottt (i#»'
sihle to have another 1,000/. Yon wtispletiBl
to tell me^ there could he no mort* paid.
E* of Macctcifield Did tiot yoti sol'
farther gum, till Mr, Cotiioijham H»i#i ;
Lochmn* Mr*Cottin';i "m
when I pressed him. I \-
Cotii ' *illowed me, 1
Mr, nn came out, an
an 01. Hi J. .1111 !• ■ * ■"* '"'f
Masters to a I
done. I said,b^..i :, -.:.^^
I do, if I have not this money f It will 1
great prejudice to me.
E. of Mace. I desire Xa know,
did not ask a farther sum of 500^ c^
Lothnan, There was an order, on a le
attorney from Mrs. Chitly, for that sum.
never, ttt\cr 1 was at your U)rd ship's ho„
Kenssirigton, did I ask if I could have 1|0
more.
E. cf Mftccletfidd, When wai that
paid? — Lochjum. 1 douH know.
E. of Macctcsfitld. 1 desire to know,
ther, between the time you say yrm -
mised the 1,000^ and the time ot
you did not desire to have the sum <*< ,m »
vanced for Mts. Chitty's use ?
Lockman. When y»Hir lord^^hMi
that 1,000/. was all ihal coul
taiof^d, I made no further soli<
B. of MttccU>JjeliL How loor was it
you came to Kensington, to ask loe for 1
1,000/, heiore the other 1,CK30/. was paid f
Lochtwn, Three weeks before,
E. ^( Mncclcfifld. Then after that time]
never demandeil a 03 more ?
Lockman. After your lordship had told 1
that was all that could be obtained, then I <
sis tail from askinrr any more.
E. of MaccUiJkU, And that was
three weeks before the time you rcceiTed tba
tftuney ?
m
1-1 told fiif
be oh-
I
Jvr H^h Crinut and Mudemtanort.
A.D. 1725.
[99*
\ckman, J belie? e between a fortnight nnd
\ weeks, or thereabouts. '
mi. Strj, 1 de»ire he may be asked, whe-
he can be certain as to the expression,
her tbis was the last mooey that was
o be paidy or that my lord woiiltl pay P
tck/futn. It was, as I remember in these
s: If the Iiidy hath no otlier fortune than
is in Chancery, iu the Master's hand, this
»e the last of it.
'. Gen, We desire Mr. Atwood may be
Mr. At wood sworn.
j. Pengelly. My lords, we desire Mr. At-
may be a«ked, whether he was in Court
e time a motion was made upon an order
lause between liarper and Cate?
vontf. My lords, I was at the late Lord
cellor's house, where about the 5th of De-
er last, tlip motion was made. 1 wasaoli-
for Mrs. Harper in the cause. Tbeocca-
>f it was. There was an estate decreed to
Id, and the money was to be paid into the
er's hands, who was Mr. jWraer: the
y was accordingly paid, and the convey.
I approved of by the counsel, ami a fine
id upon ; bnt at last the parties wouM not
rte, unless the money was \md them ; ob-
g there would be a deficiency in Dor-
I office: thfreibre they movecf tliat they
t not be obliged to execute the convey -
till tlie money was applied and paid to
laiBtiff. My Lord Chauoellor was pleas4:d
dare thereon, that he had heard there
i be a deficiency of Mr. Dormer's eflfccls ;
: had never judicially come before him ;
vbat knoM'Ied^ he had of it was only as
c news, and referred it to Mr. Edwards to
iae whether thei-e was Ukety to be a defi-
y, or not. I was near two months before I
get this order passed ; and then the Im-
imentcameon. The Ue^trr told me he
rfiraid tliis onler would do some mischief.
II I had ^t the order, I was told by several
t about the town, that Mr. Dormer's ef-
were very defective ; and tliat my Lord
cellor had directed a composition to be
I with one Wilson, who was a banker ;
lad directed Mr. Hiccocks to com]KHind
ilf-a-crown in the pound, and that others
Mrenty shillings ; and that my I^rd Chan-
had directed an enquiry to be made wlie-
here was any deficiency. 1 was advised
t in these words : * By what means ;' be-
> I was told thru, it was by reason of com-
ling that doht witli Wilson ; but the Re-
' would not let them stnnd.
j. Peng. The miikinj; of the order, in this
con Arms the evidence of Mr. Atwood,
bis lordship dectarcl he had heard of it
hcnrise than as puhiic news ; because by
rdcr he directs Mr. Cd wards to enquire,
wr there was likely to be a deficiency, or
dtbongb it had been so well known to his
lip Mune years before.
(. FnikyH. Heaayt there are words struck
IL. XVI.
ont of this order ; 1 desire to know, whether
those words were not added by hinaself to the
order?
Atwood, Yes, they were added by me before
it passed.
^eri. Trohyn, When?
Atwood, After 1 had the order from the Re»
gister.
Serj. Peng. When w« that?
AtzDood: It was near two months before I
could get the order passed.
£. of Mace Had you the order paMed be»
fore the Impeachment?
Aiofood. Yes, 1 believe I bad.
E. of Mace. Had you it passed before tbift
matter came into parliament?
Atwo6iL I don't particularly know; I believe
it was before your lordship was impeached.
£. of Mace. Whether was it after I had part-
ed with the seals?
Alwood. I believe after.
B.of Afacc. How long wag it before yo
added those words ?
Atwood, Two or three days after I had gaft
tlie order.
£. of Jlfacc. When was it the (Ugister itnick
out those words P
Atvpood. I can't say, I beUeve it wae befiwe
tlie Imiieachment. The other tide had let
those words be in ; but yet the Rfgister itmck
them ont.
£. of Afacc. Was it after 1 bad ceased to be
Chancellor?
Alwoad. I believe it was.
£. of Afocc. Was any thing paid, at that
time, of the accident of Wilson's breaking, and
Poulter's going off ?
Atwood. .1 do remember yonr lordship saidl
Wilson was beeome bankrupt, and that he had
money of Mr. Dormer's ; and you said some-
thing of a person that was sued by WilsoBy
and of a recovery against him ; and of an ac«
tion brought for an escape ; and you concluded,
upon the whole,. that all you knew of the
matter was only as public news. This was
afler yon had given an account of 4he matter
of Wilson and of the marshal.
Dr. Sayer. I desire he may be asked, whe-
ther my lord did not express a doubt, how these
matters might come out?
Atwood. I dou't know what his lordship wae
pleased to doubt of.
Herj. Probyn, I desire Mr. Atwoo<1 would
recollect himself, whether there was any iiutica
taken, how this might come out, wheu the re-
port of the Masters should be made ? .
Atwiunl. I don't remember any thing tend-
ing to that.
Com. Serj. Whether he took any memoranda
of these words, and when ?
Atwood. No, I took no memoranda of them,
till I was summoned to attend the committee.
Com. Serj. I desire BIr. Atwood may give a
reason how he comes to forget facts, and re-
member a form of words ?
Atwood. I don't remember all the facta thai
have been asked.
as
99h^
10 GEORGE I.
Trial of the Earl of MaecIe^Md,
[996
Mr Robins, Whelher my lord did not men-
tion a particular aum that was owing Trom
1iVilM)n to Dormer?
Atwood. I beliere my lord tliil meniioQ a
sum, ami t believe it waa lH,0OO/«
Mr- Hobins, Whether he did not mention
thai Wihori had brought an actioo ot' escape
against the marshal?
At wood. Yes* ; that Wilaon bad brought an
wjlion of efca[^e a^inst the marshal
Mr. Riibins, Whether he did not mention^
that Wilson bad recovered a judgment against
the marshal?
Atzeottd, Yes, that Wiison bad recoTcred a
jodjjment.
Mr. Robins, Whether there was any thing
mid of* the escape of Poulter ?
Atjeood, Ye«, my lord did. mention, that
there was an action Drought ag^ainst the mar*
thai for that Terv escape.
Com, Serj, VVhetber my lord, baling' men-
t toned these particulursi he did not from thence
infer^ he could not then tell bow matters might
come out f
Atwood,
tiiat.
Mr. Lutwyche, My lords, I sball only make
one short obserraiioii. The lord MactleslicUl
caith in his Answer, that he dolh nut hcjlieve
lliat be had any discourse with the Masterfi
aiiout the pay njent of this l.OOOi. I submit it
to your lord^^hips, whether there are not four or
tive witnesses to it? IV e have now dtoe with
the Sixteenth Article.
SoL Gen. We shall proceed to oor proofs on
the Seventeenth Article, And it wilUie neces-
•ary to lay before your Innlships three or four
Wifers, for the proof of ibis Article,
Mr. Ralph Pax ton ^ tietog eaUed, appeared,
ftnd proved the several Orders following'^ wbicb
ircre then all read*
An Order, dated 18 January, 8 Georjfii Regis.
Auothcr, dated 8 March, H Cicorgii Uetris.
Another, dated 5 July, 8 Georgii Ht'iris.
Another, dated 22 Dec*, d Georgii Kegia.
f^* Joviadecimo octavo l>io Januarit Anno Regnt
I>'ui Georgii Rt-gis octavo, inter Jonatbaii*
Jones Infant^ per Eliza" Jones Vidim^ prox'
Amit* et dicta* Eliza' Jones Quer', Tboma*
Jett Arm' et Petru* Wise, llefcndeulcH*
•* Upon opening of the matter, this present
ay, unto this Court, by Mr. 8erje3»iiCbesbire,
pf counsel with the plaintiir Jonathan Jones,
~fin the pre&encf? of BIr. Ketelbey, of counsel
-with the plainUfrElizalM?lh Jones, and the de-
fendant IVLse; and Mr. Horstly, of couosel
with the defendant Jctt. The counsel for the
jdaiotiff Jonathan J4)nes alleged, thnt Jonathan
Junes deceased, father of the plaintiff Jona-
than Jones, and husband of the plaintiff £li-
'mi\i, by bis will, devised one moiety of bi&
a9e, which was wholly personal, after pay-
[ trvent %tf his debts and funeral expences, to Ine
*pbintitr Elizabeth, and the other moiety to the
^kimiff Jomihm Jon^, when he aboiild ti*
tain his age of 21 years, tMrelber witb the ft^
duce thereof, and made tli** d»*<Wiiiafita, Jett
arnl Wise, executors in t e said pkin*
tilfs, who duly proved tbr I Thattbt
plaintiffs baving brought their BtM in ttm
Court, to have an account of the «aid revtatur'i
estate, for a niaintetiance for the plaintiff Jona*
than, during his infancy, and a (verfoniianee vf
the said will t Upon the hearing of this caufP,
it was referred to Mi . Dormer, then one of tiii
Masters of this Court, to lake ao i&cc*
tbo said tesiator^s estate; mod the -
thereof, afler the deductiona therein mema
was to he divided into moieties ; and the pi
tiff Elizabeth's moiety was forthwith aasi
to her *, and the other moiety was to be pi
out at interest, by the said Master, for '
infantas benefit. And the said Mnl
assign a maintenance for the md pti
the lime past ; and was ah»o to couaidef «i1
waa proper to he allowed for his mainl
for ihe future. That the said Master, hai
proceeded to take an account ol^ the
tator^s estate, tt appearetl, that to m
1 do not remetnher any thing of ' was raised by the sale of Bank and
stock, and broug ht before the IVIisler, as
€d to 5,985(. Ss. 4d. ; one moiety wberecf, aD«
payment of her share of the costs of the fittil,li^
longs to the plainiitf Elizabeth Jones, and hii
been accordingly paid tu her ; and the nAtt
moiety ticlon^s to the pi aintifl' Jonathan J oner,
and is now in the hands of Mr. Edwards^ sm
of the Masters of this Court, who fuocMll
the said l^lr. Dormer, and to wboni the fdih
encc in tbi>i cause hath been transferred. Hat
the plaintiff Jonathan Jones, hath now attaioii
bis age of 31 years, as by affidavit and certii*
cate appears, and is entitled to receire ba
moiety of the said moni^, after deduction d
hts share of the said costs. And having ciB»
tracted some considerable debts for his msii^
tens nee, and otherwise, daring his iofaocy. iir
which he is threatened to be arrest^, in oat
the said debts are not s|)eedilv [>aid : It wif
thcreforo prayed, that Uie said Blaster ma/,
out of the monies in his hands, pay to the plaio-
litf, Jonathan Jones, the sum of 400/., whicfc
upon reading th« said athdavu and certificileT
Elizabeth Jones, and the defendant, Wise, wbs
consented thereto, and the couose] for ibe 6t^
fendant, Jctt, who did not oppose the payi
thersof*, ts ordered acccordingly."
1
'« Jo vis octavo Die Martii Anno R«gni
Georgii Regis octai'O, inter Jonathaft'
Jones et Eliza' J<»ne4 Qner^, Tbonta' J#
Arm' et Hetru* Wise, DefcodeotM.
'* Upon opening of the matter, this presrfi
day, txnto the right honourable the Lord Hifk
Chancellor of Great Britain, by Mr. Serjeant
Cheshire, being of counsel lor the plaintiil
Jonathan Jones^ in the presents of Mr, Ketls-
bey, of counsel for the Tdaiutid^Eli^abeili JnQts,
and tor the dt'tiudaot Wise : It was all«giril«
thut Jonathan Jones, deceased, father of tl»
plaintiff Jonathan Jones, and biisband ofliv
plaintilf Elixab«ih Joaes^ by hh will, deviwl
fm High Crimes and MUdcmeanort* A. D, 1725« [99*3
moiety of \\\% asut^ (which waj» wholly
~~ J) after pmynii^nt of his4)ebt5 And fiitjc-mi
m^ lo Ine pbintitf Elizabetli, siad tlie
Moiety to i\%^ fiUitiliif Jooalhao Jones^
he Knouhl atiaiD his age of 21 years, to-
r With the proiluce thereof; sod made tlie
ipDdants, Jelt and ^Vi^e, ejtecutors to trust
he iaid |daimitTii; aud the aaid defendants
prored the uiid will. That the plaiuUtfii
^ibited thetr bill into I his Court agatust the
nta, to have an accouul of the said ieS'
&, and a peribrmauce of his will,
on the hearing of Uie cause, it was re-
0 Mr. Dormer, »heo one of the Masters
|Court, to take an account of the said
r*s estate; and the surplus (hereof, after
Ittucttons therein menuooedg was to b«
fideil iato raoieiies ; aiid the plaintiff Eliza-
ll*tf moiety was to be forthwith asaiiirtied to
r; and the other moiety was to he placi^d out
yuierest by the said Ma!iter for the aaid in-
oelit, T hat the said Master bafingpro-
I take an account of the said iestator'a
y it appeared^ that so much was raised by
je of tlie Bank and S<iuth Sea stocks^ and>
^aght before the said Master, as amounted to
3,906/. Zi, 4d,^ one moiety whereof, after
tfftycDCDt to the plaiotifi" Elizabeth Jones's
^Kre of the costs of this suit, belonged to her,
^■^^d been accordingly paid to her ; aud the
^^^Buoiety belooging^ to the plaintiff Jona-
^^^BoneSf and wa« in the hands of Mr. Ed-
wardtf 0R« of the blasters of this Court (who
jttcc^eded the said Mr. Dormer.) That the
Mntifff Jonathan Jones, has attained the ag-e
il years, as by certificate and affidaTit ap-
ir«i aud is entitled to receiie biM tnoiety of
\ Sftid oioney, alter deduction of his share of
'I costs: and he had contracted for a
the army, which, wiih his equipage,
Douut tii 2,000/., which he is advised will
rery ndraj>taj;pous for him to purchase;
I tlicrefore it \^ uk prayed, that the said Mas^
may pay to the plainliff, Jonathan Jooe«,
of the money in hi^ hands, a sum not ex-
2,000/., to lie laid out in the purchase
a Co Hi minion, and for oihcr purposes «
I, and upon liearing of* the plaintiff,
J ones, and defeiidaja \Vi»t^*s counsel ;
1 bearing an affidavit of notice of this motioy
tii the iiefendant Jelt read^ and what waa alleg-
«4 by the c«)iMi«iel on both ntde* ; it ia orderud,
that the iiaid Master do, out of the money in
Itw haodn, pay untii the plaintiff, Jonathan
Jonas, Uie sum of a,0O0/. ; the plamtiff, Eliza-
k«tli Jorrr' -ir\-^ the defendant Wise, having sub-
%eriht:i! liter's book, signify ing their
^JoTiii quinto Die Julii Anno Regni IVni Geor-
|b ffit liegii octavo, inter Jonithau' Jonea et
( Bhsa' Jooea^ Qtier\ Thoma' Jett Arm'
at Prtru* Wise, Deleodentev.
<*trf>nu opening of the matter this ureacnt day,
I lilt nckl hotioorable the Lord H igh Chan-
of Great BfiUiti, hy Mr. ^rjeant Che-
r coiuml for liio plainti^, it wia
alleged, that Jonathan Jones <lecea^d, father of
the plaintiff Jonathan .looes, and husliHnd of
the plaintiff Eli^abeth Jones, by his will de-
vised one moiety of hi a estate (which was
wholly personal,) after paymi^nt of hi$ drbli
and funeral expences, to the plaintiU'EUzabelh,
and the other moiety to the plaintiff, Jouathaii
Jones, when he shoidd attain his age of *ii
years, together with the produce thereof, and
made tlie defendants, Jett and Wise, execuioro
in trust for the said plaintiffs, and the said det^o^
dants duty i»ru?ed the said wilK That the [tlain-
lifTs exhibited their bill into this Court against
the defendants, to have an account of the said
testator's estate, and a performance of his will ;
and upon the bearing of the cause, it was re-
ferred to Mr. Dormer, tlien one of the Masten
of this Court, to take an account of thv said
testator's estate ; and the surplus thereof, aAer
the deductions therein mentioned, was to be
divided into moieties, and the plaintiff Eliiea'
beth's moiety was to be forthwith asaigneil to
her, and the other moiety was to be placed out
at interest by the **aid [blaster for the said in*
farit^e benefit. That tlie said Master having
proceeded to take an account of the said testa-
tor^s eaialei it appeared by several certificates
from the said Master, thai so much there*>f
was raised by the sale of the Bank aud Soutti
Sea stocks, and brought before him, as umoiinl-
ed to 5«985/. 3jr. 4d. ; that oue moiety thereof,
afterpayment of tlie plaintiff Elizabeth Jones**
share of the costs of this suit, hath been in
pursuance of several orders of this Court paid
to her, and the other moiety, which belonged
to the plaintiff Jonathan Jones, was paid over
to Mr, Edwards, one of the Master;* of this
Court (who succeetled the SHtd Mr. Dormer.)
That the plaiutiff Jonathan Jones, having at*
tained his age of ^1 years, aud being entitled
to receive hts moiety of the said money, atler
deduction of his .sliare of the said costs; and
be having contracted for a post in the army,
which, with his ei^uipage, will amount to
2,000/., he dill, on the blh of ]>l»rch last, apply
to the Court for that mouey, and it was then
ordered, that the said Master should, out "t ihc
money in hi^ hand», piiy unto the plaintiff, Jo-
iiathan Jones, the sum of 9,000^., the plaintiff
Ehzaheth Jones, and defendant Wise, liavin^
subscribed the Register's book, signify tug their
consent thereto ; that pursuant to the emid
ortler, tlie said Master paid the said i,00i>/.»
and there nuw remaining in his bunds ot the
plaintiff Jonathan J^lc^es's share of the said
money, al*out the sum of 649/. That the ^aid
plaintiff Jonathan Jont-s, bavin;: pncseni ocru^
sion tor the said money, hath eJCi*rHit«*d a ktter
of attorney lo the plaintiff Eli/aUeih Jones, liia
mother, datod the 25th day of May last, cm*
powering her to receive all monies due to hita
from the said Master, and the interest thereof^
for the purposes therein tuenti«ne<L It wma
therefore prayed, that the *ia»d Master itiay pay
to the said idaintiff, Elizabtth Joq«s, toe r«s*
maioder of thu money wlwch is in his handa,
Wlooging 10 the said Joaathan'a a|»aro» pur-
I
999J
10 GEORGE L
Trial <fthe Earl of' Macdesfleld^
[1000
suant to the letter of attorney executed for that
purpose, which, upoa hearing of Mr. Horse -
ley, of counsel for the defendant Jett, and what
was alle^d on both sides, his lordship held
reasonable, and doth order the same accord-
ingly."
*< Sab'ti Ticesimo secundo Die Decembr* Anno
Retpii D'ni Georffti Regis nono, inter
Prideaiix Sutton Cler' et Anna' Uxor' ejus
Mercy Sheldon 8pin«tr' et Egidiu' Lanr-
rence gen' Extor' Winifred Sheldon
Spinstr' Defunct' Quer', Eliaam Cbitly
et Joh'tim Russell et al' per Billa' ad re-
▼if end' et Supplement' Defend'.
Whereas the defendant Elizabeth Chithr, on
the 11th of this instant December, prentrretl
her Petition to the ri^t honourable the Lord
fiiirh Chancellor of Great Britain, shewing,
that the plaintiff and Winifred Sheldon, since
deceased, having executed their bill foranac-
<H)unt of the e*tatc of Ualph Sheldon, who died
in the East- Indies ; and to have their shares
and proportions thereof, pursuant to his will ;
it was on (he hearing of this cause, the 38th of
May, 1715, declared, that the defendant,
Elizabeth Chitty, was entitlcl to one third of
the said estate, under the will of the testator
Sheldon, her secoud husband, in her own right,
and to a moiety of ihe other two thirds in right
•f^ or as surviviug the children she had by the
said Sheldon, who were dead, and that the
other moieiy of the said two thirds belonged to
tlie plain lifu, or those whom they represented
and decreetl the same, afler just allowances to
he naid and distributed accordingly ; and sir
Robert Nightingale, hart, since dead, having
l>y his answer admitted to have in his hands
10,470/. 3*. (3c/., part of the testator's es-
tate: it was oriiered, that he should carry
10,000/. thereof before Mr. Dormer, then oue
nf the Masters, tu be by him placed out at in-
terest on government, or such other security
as he should approve of fur the benefit of the
parties to whom the said should belong. lu
pursuance whereof the said Robert Nightin-
gale carried the said 10,000/. before the
said Master, who placed the same out at
interest, and ou the 2Dth of July, 1719,
though the said 10,000/., with the interest,
which had been received by tbe said Master,
amounting to 11,359/. la, 3d., the said
Master, by his report, certified, that he had
placed 11,300/. part thereof, out on the land-
tax, for tlicycar 1719, at 4/. per cent, and that
the 59/. 75. Sd. remained in his hands ; that on
the 3d of Angust, 1730, the plaintiffs, by Pe-
tion, applied to his lordship, that the Master
might pay them some money to carry on this
cause, and tor their other ' occasions ; upon
hearing whereof they were order«^d 600/. out of
the money in the Master's hands, which Ihev
Lave received accordingly. Thit the defend-
ant Elizabeth Chitty had, ever since tbe death
of her late husband Josiah Chitty, wanted
mooe^', not only lo deteud the said Gause« but
also tor her aupporty aad other lUc—ary oc-
casions, and tfiat neither she, nor her late hus-
band, had received any part of tbe priadpal or
interest before the Master, nor au; other part of
the testator's estate, except some jewels, which
were delivered up by the trustees of the tes-
tator's will in India to her and her late hnaband,
which, or the greatest part thereof, sheclaioied
as her paraphernalia, but that she had no bene-
fit or advantage thereof, her husband having
sold and disposed of them in his life-time. ^
Therefore, and for that the monev in the haodi
of Mr. Edwards, one of the Masters of thii
Court, who succeeded the said Mr. Dormer in
his office, were considerably encreased by tki
interest which had been received by him, lad
for that the said Mrs. Chitty was, as aforeoii
entitled to two thirds of the said tesUtor'sestil^
except what should be decreed thereout to ke
children by her first husband, who were «•
titled to ouo moiety of their father's eiliie,
which was possessed by the said Ralph ttd- I
don, and for that she was obliged to naimiii
them, it was prayed, that the said Mr. E^
wards might, out of the money in his bandiiUi
which should be paid in upon the coming ia d
any of the secunties taken for the same, pay
unto the defendant Mrs. Chitty, such sun ef
money as his lordship should think fit, to
enable her to carry on the said cause, and fcr
her immediate support, and other occanoBs.
Whereupon all parties were ordered to attcsd
his lordship on the then next day of Petaiooa
And whereas the said plaintiffs, on the 18lb
day of this instant December, also prefaiel
their Petition to his lordship, shewing, inter s/*i
that they were, through their great occaM
for money, forced to apply the greatest part of
the money ordered them as aforesaid, lowsidl
tiieir support ; and that the said cause had beeo
long depending, and very expensive, and «••
likely to under^ro great travail before the
said Master, before the said account cooM
be taken, so that they had great occsMS
for more money, not only to carry ou tb«
said cause, but also for their suppiirt, and
other necessary occasions ; and therefore pray-
ing that the said Master might alM> out of the
monies in his hands, and which should be ^
in, upon coming in of any of the secanlis
taken for the same, pay unto the plaintiiTs, or
their solicitors, such sums of money ss to
lordship should think fit, to enable them to
carry on the said cause, and for their immeiliitf;
support and other occasions ; and the mattrr of
tlie said Petition being ordered to come oa with
the defendant ChittV s Petition ; and cnuo^
on both sifles this day attending accordingly*
Whereupon, and upon hearing both the aw
Petitions reail, and what was alleged by ilM
counsel on both sides, his lordship doth ordtfi
that the said Mr. Edwards do, out of the money
in his hands, pay unto the defendant, .Mn.
Chitty, tlic sum of 600/., and also uuta the
plaintiffs 100/. a piece ; and it being now il-
Jefifefl, that John Wyvill, esq. having exhibits^
his bill against the said Giles Lawrence, f*
payment of a legacy of 800/« be<|ncHlwJ ti
Jut High Crimes and Misdemeanors.
A. D. 17«5.
[1009
Ihe will of the said Winifred Sheldon:
II the hearing' the said cause, the 1st
>ecember, 1721, decreed, that the said
'vill should be paid the said leiracy and
together with the costs of that suit,
le assets of the said Ralph Sheldon. It
T ordered, that the saiil Master, do cot
loney in his hands, pay the plaintiff,
ce, the further sum of 300/. to enable
fttisfy the said decree."
Lutwyche, Pray, shew Mr. Edwards
■ders. [The Orders shewn to Mr. Ed-
Mtwyche. My lords, we desire that Mr.
i may be asked, whether he hath paid
ley in that caose ?
rdt. Here are two causes, which is it
in, that of Jones and Jctt?
Mtwyche. Yes, that of Jones and Jett.
rdt. The money ordered, by those ae-
lers, hath been |>aid by me.
Mtwyche. I desire to know, whether
vardscan inform your lordships, whe-
the whole money, or but in part ?
rdi. It is the whole money in ihe cause.
Mtwyche. I desire he may he asked,
the money was paid out of Mr. Dor-
ects, or out of his own ?
rdt. Out of Mr. Dormer's effects.
Macclesfield. My lords, Mr. Edwards
mistaken, please to put the orders in ;
three orders in one cause, and one in
\ I desire to know, whether in both
tie whole money was paid out ?
rdt. In that between Jones and Jett,
le money was paid out ; in the other,
Sutton and Sheldon, the whole was not
t only part.
Peneeily. We l>oi^ leave to ask Mr.
I, wnethcr he did not pay the whole
ordered by those several orders ?
rdt. Ye<}, niy lonls.
Mtirpche. Mr. Edwards did tell your
i before, that all the money, aitsin^ by
mer's c flcnns, was paid out and gone.
Penf:illy. My lords, we have jfonc
these three Articles that have been
and we shall call no more proof to them.
tlie House ailjourned to Monday next
ekK:k in the forenoon.
The Fourth Day.
Monday^ May 10.
(Orda being seateil in their House, and
mgen heinq^ come, and the Earl sitting
ol, as before, and his counsel and soli-
the bar, the Serjeant at arms niade
itm for sitence, as also another pro-
B, that all persons concerned were to
tiee, that Thomas earl of Macclesfield
n1 open bis 1'rial, anil they mi^^ht come
m&K to make gooil the Charge.
J^Ki^g. GeatlmiieQ of the House of
It, you nay proceed.
4
Mr. Plummer. My lords, I am comraanded
by the Commons, to assist in maintaining their
Impeachment against Tliomas earl of Maccles-
field ; and when 1 consider how necessary it ie
for the honour of his majesty's government,
that an impartial examination should be made
into the behaviour of this Earl, while he en-
joyed the high office of Chancellor; 1 am per-
suaded, that every goodsubject must with plea-
sure observe in what manner this prosecution
is carried on ; it must be a satisfaction to them,
to see the Commons placing a confidence in
your lordships* justice, and proceeding in the
legal parliamentary method by impeachment,
and your lordships meriting that confidence,
by laying aside all useless ceremonies, and
making the prosecution practicable and easy.
A harmony between the two Houses of Parlia-
ment always to be wished for, and which alone
can bring impeachments to a happy issue, and
deter gnreat offenders from oppressing their fel-
low subjects. '
My lords, in former reigns, nrosecutioM of
this kind have met with other onstmctions, and
the crown has often interpoeed its authority to
save a favourite minister ; but his majesty, who
has no other views but the welfare and hap-
piness of his people, and who is always atten-
tive to their interest, was the first who took
notice that the earl of Macclesfield had abused
the trust and confidence reposed in him. And
who can, without the deepest sense of grati-.
tude, consider the conduct of his majesty in
this afiiiir, who immediately dismissed him his
service, and Icll him to the justice of an in-
jured nation ? And the earl of Macclesfield
himself will have this advantage by it, that his
name will be delivered down to posterity, as a
monument of his majesty's paternal' goodncM
to his people. The immense liberalities, the
great honours, the high dignities conferreid on
him by his majesty, will te so many marks of
his royal munificence to the Earl, wnile he ap-
peared to be his worthy and faithful servant.
And posterity will with due veneration observe,
that neither the greatest favour, the nearest
access to his sacred i»erson, nor any former
merits towards himself, and his royal fiimily,
could, in his majesty's reign, shelter the
highest officer of the crown from justice, who,
presuming on those advantages, would venture
to oiipress his majesty's lo}ai and faithful
|ienpie.
My lords, the particular province assigned
me m this prosecution, is to make good the
Eighteenth Article, wherein I shall have the as-
sistance of a gentleman, wlio will amply sup-
ply all the defects or omissions I shall ue
guilty of.
As this Article has been read by your lord*
ships* clerk, I shall not mii -spend your time in a
needless repetition of it ; but will observe, that
the substance of the Charge contained iu it, is
a wilful neglect of the high trust reposed in
the earl of Macclesfield, as Chancellor, that he
did not restrain the Masters of the High Court
of Cbanoery, from trafficking with the suitors^
1003]
10 GEORGE I.
Trial of the Earl of Macdesfidd^.
[1004
moDej and eflfects, but did permit and encou-
rage that practice, though he was advised to
put a ttop to it, and fully informed of the dan-
gers, which were then likely to ensue, and
which have tince actually ensued, to the great
loss and injury of the suitors of the said Court.
My lords. As this wilful neglect is highly
criminal in itself, so it is greatly as^vated
by the unjust and corrupt fiews which induced
him to be guiltv of it, and the pernicious con-
sequences which have necessanly attended it ;
and, my lords, since you have heard the evi-
dence that has been given on the former Ar-
ticles of the exorbitant sums of money which
he exacted for the disposal of the offices of
Masters in Chancerv, even afVer Dormer's
failure, we don't doubt but your lordships are
convinced, that he left the Masters that un-
reasonable, unlimited power over the effects of
the suitors of the Court, with no other view,
bat as a bait and incitement to others to pur-
chase those offices (when vacancies should
happen) at the same, or greater prices.
As I have stated the charge contained in this
Article, in as clear a manner as I am able ; 1
beg leave, my lords, to make some observa-
tions 00 the £arl's Answer. He begins with
an absolute denial of bis knowing iiow the
Masters kept or disposed of the money and
effects belonging to the suitors of the Court.
This Answer, my lords, was a surprize to the
Commons, as well because such an ignorance
would have been criminal in tlie person, who
ordered such prodisious sums of money into
their hands, and who should be supposed to
have had some care of the suitors ; as also,
because we have the clearest proofs imaginable,
that he did know it, and it has already been
£ roved by the examination of several of the
lasters before your lordships. But what
want can we have of proofs ? When the earl
of Macclesfield himselt in his farther Answer
to this Article confessetb it, by saying, that
after Mr. Dormer's misfortune, he thought of
several methods, and several proposals were
made to him by persons be consulted on that
occasion, to prevent an}' inconvenience on the
like accident, for the future. Pray let us con-
sider, what was Mr. Dormer's misfortune ?
What was this accident? Why, truly, Mr.
Dormer had trafficked witli the suitors' money
and effects, and had lost near 30,000/. and
this the earl of Macclesfield knew, and this
made him think bow to prevent such inconve-
niencies for the future. My lords, here is one
of those inconsistencies the Commons take
notice of in their reply, and on which (without
any farther proofs) they might safely demand
your lordships' jud^ent.
But to consider his Answer farther ; he says,
he believes it will not be held criminal in him,
not to have established any of the proposals
that were made to him by the persons he
consulted on that occasion ; some things were
proposed that he thought impracticable, some
insufficient, and some inconsistent with that
complete regulation he hoped to make: the
objects he proposed to himself were, to maly
good Mr. Dormer's deficiency, to secure mt
suitors from any future loss, and to make
several regulations relating to the offices of
tbe Masters : and he thought these woold be
best done together ; nor had be perfected ths
scheme of any of them to bis own ntisfiutkio.
My lords, 1 am unwilling to make any ob-
servations on this part of his Answer; it is in
itself so gross, I am afraid, if I took it in uiccei,
I should appear ludicrous, which I shall tabs
great care to avoid on so solemn an occasioii.
But I appeal to your lordships, if a penoa
was to read this Answer, who was not se-
quainted with the times of these occurreoQa,
whether he must not imagine that the eari i
Macclesfield had quitted tneffreat seal witUi
some very short time afler Bfr. Dormer's Ai«
lure? Whereas it has appeared to your ksi-
ships, that Mr. Dormer went away from thit
office in the year 17 SO, and that the eari tf
Macclesfield^ continued Chancellor till Jaooiry.
last, which is more than four years after ; dv-
ing all which time (by his own confessioo) hi
knew the affairs of the Masters of the Coortif.
Chancery to have been in great disorder, sai
to have wanted several regulations: bat, be-
cause he could not think of a scheme perfeedj
to his mind to answer all his designs, ne there-
fore has done nothing. This Answer must bi
left to your lordships' judgment, but I la
afraid, my lords, the letting the Masteis »
on, without any check, was the scheme tti
most to his satisfaction, and most efiectoiQj
obtained the ends he really proposed to bia-
self, which were the msiking an exoristiBl
gain by the sale of their offices, which mart
have fallen in their price, if a stop had beet
put to their tradinp^ with the suitors' money.
My lords, he farther answers. That be it-
members no proposal that he thought wooU
take it totally out of the power of the Hsstai
to dispose of tbe securities or effects, or efleC'
tually secure the cash. I can't omit tikisf
notice of the wording this paragraph ; ami i
believe your lordships will agree with ooe, tbit
the words, * hetliought, totally, and eflectotllT,*
are thrown in with great caution. My lorai^
we think we can prove to yon, that a propoiil
was made to him, that would have takeo it
out of the power of tbe Masters to ba?e dii*
posed of the securities and effects, and wooU
nave secured, in great measure, tbe csib;
and this evidence the earl of Maoclesfiekl mart
be well aware of, for he has it in his hands af
well as we ; and I foresee the strength of bif
defence, in this point, lies in the cautiootf
his Answer: but, my lords, if any propofll
was made to him, which would have curei
the greatest part of the evils the Court b*
boured under, 1 am sure your h)rdships wiB
hold it criminal in him not to have made SN
of it, and the rather, because be substituted M
other in its room.
My lords, he admits he took no security d
the Blasters, and says, he was never asked ii
to do. My lords, we will piort that ke wif
5^ Jinr Hig?t Ormes and MUdem^amrs. A. D. 1725*
Cic
I «o (0 do, and that taking securiiy wai
uf tb(f proposal I have mentiiuK'u. lit
I place he taken notice oC hh precleccfisom,
I (is h<* says) were wiser men thao himfi<^lf|
itid who took no security of tlif! Masters, My
lords, wc dt»n*t accuse his predecessors, nor
PI we oblififed to jmrtify them ; but if I m^
|>ern]ittt!(Tto ^ve my owQ private opinion,
w, ib^t if such misfortunes had happened
Ml bis pi'edece:»siir»* days, aod fiuch applica-
bdd been made to them, they were so
lh*jr* woii!d have applied a [iroper re-
ify : hts not doing" so, under these circura-
nces, we look on as a ptain permisvion, and
c encourag'enient to the Masters lo traffic
Dd employ the suitors* money for their
^ Bfi and profit. And it roust appear so
in A Ktron^er lig-ht^ when your lordetbips are
ao()uai[iti-d that Mr. Lii^btlKmn, who is him-
•clf a blaster in Chancery, was the j»er8on who
maiie the propuital, and who must (by tny
lord's not uainn; it) plainly see, that my lord
was reaiolved to lay no restraint on them,
which might have tempted Mr, Lighlboan
^jnifetf to have made an itl use of that povvet:
ibe pftjftased to my Lord Cbanctllor his
ncc of the xMagters abusing their trust,
Dating the Kuitors^ efiect!^, and desired
to put a slop to (hat practice ; so it
1 by hi« accounts giren in before the
that he bad appropriated the speciBc
of the suitor¥ to every particular
And, my lords* we look oti it m a
^■ygravaiimi of the crimes container! in
icle» which I hafe now (fone ih rough,
^ lord Mace lenHeld should continue to
liuch mean, low viev^s, as were un-
oming a .Master tti Chancery, when he bnd
^aiaivtance of a Matter, who behaved liim-
Twith a prudence, integrity, and reaolutibn,
Kdi would have been becoming the Lord
Wellor.
Cam,
I lortl
Rib
\ artif |i
lb.
My lortls, it ia my province to
p»,ii,......,. .fjjii jfcjioke oefore me, iu
o of the Commons in
;:,.;., ;,u h he has opened with so
anil persjMciuty, thai it is unnecea*
nic to give your lorilsliips more trouble
than by uinking an ob«»ervaiion or two
oat material partn. The beginning of
le sets forth, " That the enrl of Mac-
Id very well knew, or was informetl that
r« dul, or that it was in their power
of, and emfdoy the fcuitor&* luoney
To which he i«J pteasei) evasively
That he never knew how the
^ * " ^ of the money ami
-n» of the Court."
i,.M > 1*1 III., T>iM ;.t idiundanlly proved,
manner the gentleman his already
r^er« tt not, my lords, bo strong in
he guilt ii> me apn«ar» self-evident ; it
ucb the isame \*hcthrr he knew if, gr
it n«ii ; his lordship may tiikL< th« alter-
i«< Wbalt did he, Lord Cbaiic«l)or, su-
preme director of the Court, llie great trusted]
of Englnnd (who ordered the money into th<^l
Mastere* banda, who ordered it out of thetrj
bands), did be know nothing of their powerT
over it ? Was he the only man in £ogland that I
knew nothing of their deficiency? And if li# I
was, my lords^ is that ignorance an excuse or J
agjgravation f Bui we t^hall prove to your lonUT
ships, that he not only was told of this traffiai
with the suitoni' money, but was foretold tht^l
consequences of it ; the danger of future los^ef ]
was puioted out to him, and proposals for pre*
venting them were given biua in writing.
And who was it, my lords, that made the
proposals ? Who gave" him this warning ? Oi_
of the Masters of the Court, one interested ia
the traffic of the suitors* money, a gamester i
the same table with tlie impeached ear}.^
Advice from aueh a hand must be sincere and
unsuspected; noihing but justice, or a stroofl
apprehension of their common danger, could
have extorted it ; nothing but the Uliudest ava«
rice could have prevented the compliance with^
it : but what still renders this conduct mon
amazing is, that the impeached lord hud no
the adrantage of a single propotsal only, and
from a single Master ; but of sevei^l proposalij
and from several of tbero* Mr. K\ naston will
inform your lordships, *^ That he and c
Masters waited on the Lord Chancellor,
proposed to give security in land, or money, fofJ
ibeir cash, and to make their trust leas b
putting the securities in two Masters' name
or in the nam^ of the parlies and one of tl
Masters;" with which he then appear*
pleased, though he aflerwards did iiotntng itt
tt, and expressed his dislike of the proposal.
Yes, my lords, the proposal was too reasooabts
lo be refuseil, and too self-denying to be foU^j
lowed. So far was the unfortunate lord from j
following it, or acting in any manner cot
ststent with it, that soon aRer the failure <
Mr. Dormer, after these proposals were mad
to laim, be sells the offices oi several MasterfJ
at most exorbitant prices. And was this wha
my noble lord sets forth in his Answer, " j
one of the expedients he thought of, af\er Do
roer*s tnisfortunc, for preventing any incon*
venienoe, on the like accident, for the future ?"
Was this the only method of cure tlie nob
€arl brought to such perfection, as lo
to put it in pmctieeP
iSly lords, tho gentlemen embarked in tim]
same bottom with this unhappy lord, mw \
ship sinking, and proposed throwing over-boi
part of their unjustifiable gains to prctenij
their geoeinl wreck ; but the impeached cart J
does not only boldly steer on the same cotir^
but takes iu lading, more weight of guilt, i
not in defiance of the danger, certainly in T
n^lect of it.
And how, my lordsi do^ bis Answer \
this conduct!* lie admits that several
posali« were o^&de on that oocasiuo ; but ** i
be tti n(»racticiible| sontc insufficicftt
some 1 : • .lit with that compiet« regula.-*
tion he hoped to laake.^' And Utomife soogua
1007]
10 GEORGE I.
Trial of the Earl of Maedesfidd,
\
frere iusvfiicwiit, lome ineonristait, and not
•iMwcfTOg the full idea of perfectiim proposeil
by bis lordahip, must therefore nothing be at-
tempted ? Blast we have no relief, bemuse we
despair of an absolute cure? Must no remedy
be applied to a dyin^ person, because it is not
certain it will restore him to bis perfect
Blrength P Thus far, indeed, is certain, it is
moch better to do nothini^, than to continue
such methods as first brooght the distemper
upon him. We must therefore leave it u-ith
your lordships to judge, whether the incon*
sistency of the proposals, with the £arl*R pri-
vate views, was not the true reason of their
being thought impracticable and insufficient ^
And what those views really were, tlie whole
tenor of our evidewse has, and will shew:
views beneath the dicrnity of bis high office,
and lar below a member of this august as-
nbly.
course with my Lord Ghancelldr, aboot p
tl>e offices of Masters of Chanecfj into a
regulation t
Lightboun, My lords, io order to a
this question, it will be necessary for roc
peat some part of the account I gave m
was last at your lordships' bar. 1 thi
quaiiited your lordiliips, that in the beg
of the summer, in the year 172S, the Ion:
clesfield having directed ine to attend hii
me tliat he had heard 1 had not oontribui
500/. towards making up Mr. Dormer'
ciency, as the other Masters had done; t
did not expecl I would have stood out, ai
sorry to hear of it, as he had a OKire psr
regard to my conduct ihan any of the re
cause I was* the only Master «if his imn
choice ; and on his lordship's telling nn
it was first proposeil by the Masters, and i
his lordship, 1 told fiim 1 was not will
comply with it, and tliought it a daogero
pedient ; that it might he hereafter lookefl
as an undertaking one for another, attd i
My lords, the Commons farther change this
imhappy eari. That he not only know, but
connived at, and encouraged this destructive
traffic : and m answer to this he says, •« That ! fore I would not come into it ; and that i
Im gave no permission nor encouragement to ; accident had happened to Mr. Dormer, tl
the blasters of the Court, to employ or traffic i might happen again to others, and mil
with tiie suitors' money." We have shewed
your lordships he knew it, and knew it in the
most afiectittg manner, by the rain it had pro-
dneod. We need not sltew you that he had
power to prevent it. And surely, my lords, to
Know it, and not prevent it, in his situation, was !
to permit it. And as his not preventinsf it was !
a permission, so his czamide was an ennbursge-
roeot. And when the Masters saw him (the
greatest object in tlie compass of their view)
taking ever)' indirect nfeeih<Hi to make the mcst |
of his high office ; sure, they must think tb&t '
eflcample (joined to the necessity be hiraselt' ;
kid them under by the exorbitant prices he
exacted) a sufficient enconr4£;ement to autlio- i
rize them in the like practices in theirs. The :
examples of great men^ my lonls, are encou-
ragements: aud the assembly I see betb:-e mi I
is an illustrious proof they oiisfht to be so, and i
will do honour to those who follow them : and i askel me in i^hat manner it was thai 1
from the infincnce those examples liare. and '■. poseil the ?uiiors should lie madt{i»at'e: 1 txi
ouffht to ha«e o%er the rest of mankind, it has j iord»J:ip inM 1 appreiiendeil it w.)s impo
been supposed, that the ouly passage to honour ; to expect, that the M^surs could i^ive a
was through the temple ot* virtue; but, my ! rity adequate to Mi-h a \:m>\: that there
lords, though there be but one passa<>e to it, ■ many iu^taoce^ 1 1' irr^'at officers, whove
there arc many from it ; aod so many are the ' was so ^^t-ui as to be ab ivc giving amp!
frailties of human nature, that the buildinc: curity, paftjn.larly the leliirs of the
would be imperfect, without a back-door to let ' chfqutr, n::*! i\m tre^^tsrers of the SoutI
out whatsoever sullies or pollutes it : A door, my ' aud Ldst-Icdia cjmpaaies : but if a comj
lords, voar ancestors ba«e opened to form«- ' security %Tc.e uken, and such I apuitbi
Lord Chancellors. | michi be ^i^^n, I huped it would answe
But we shall call our eridence, and sitbroit < iottMU, aud ^i\e Kiiiadjction, since ampl
the whole, nith the irreatest security and satis- , oiiriiy lor so s^roat trust coulil uot he expi
faction, Io your lordships' judgment.
tlie ruin of us all, if such a constnictian
putuiion it. My lord was pleased tos
was the only expedient lie couhl think •
making good the deficiency. I told him
as much at heart the doing'of that as any i
aud that if a proper expedient could be
out to pay Mr. Dormu-'s deficiency, an
vent the like accidiriu amoo^ us for the i'\
for puttin;; the offices on such a foot, th
Masters mi:fht execute them with hone
the Court and themsel res, andiiith saf
the suitors, 1 should be i^'ad to c«»rtribi
such reuulaiiocs. ilis lordship said, he s
be^lad it ac}- such lhir.iz could l>etboogi
and asked ir.e, if I could think of any in
by which that mii^'ht be dune. 1 told I
believed I had ; at which he expressed
sitisliictior. ; and we beiitjr then stao'lin
lordship desired 1 would sit down. He
Mr. Plummer, I desire Mr. Lighthaim msv
be called.
Blr. Ligktboun being called, appeared.
Mr. FiMwtmr. I desire Mr. Lichtbawi mav
jMir lorAibips, wkafacr he bad w} dbs-
1 ihco tj'id iii> Ijrdship, that if the cam
Ml'. l>oriii' r*> mi»iotjnes were consit
lh*»\ nouid :•;• l"»-?;id v.*M only to proceed
iH(minden;v«: or i:ii<;ii>;ihc.itiou of the casi
fi\)m |K»urr t^^ti lut- s^-iurities in his hi
tor thjti iiH< M '.. \ I <ui!d not be so mud
the »«-ct4i«i^'« .'•utMutitd to a gremlerMa-
»44>l it niifbi b« so J but how to piiTWl
^J ^ ff^S^ Criina and MitJemeanors.
A. D. 1725.
[101^
wtmU l>e glad to kaoir. I told Uia lurdKhirn
tb«t if the seciiriliet, for lh<^ futun^, vrcii; to br
taken iu the iianics of (hu ftla^ier. and one (Xr
ore or tb<? |*arties, lUe suctoia would be wfe,
ma liiCiMibHerved^ but ub^tberb^' my lord, ar
i do not rt^mt ruber, tbfit an objetimn miifht
to this mcihoj, lor tbai if tiibtr ilie
it«r or the pattv sboiild die, the trust ivoubl
lite; aud thereby either the Court lose its
rer over lUt ?««curity, ot tlie Mastiira' sol«
^er orer it b« restored ; but, tu prevcol thatt
ro|H>sed that thry might be ukeu in the
ne of two or three, or more of the Wasters,
ii or without the perwns interested^ as the
^urt should think proper ; and that it vraa
(IJy to be imag^ined lliot all the Mjiatera would
tUniv truat, and rink their fortuuea to
ay one, by aulTenni^ him lo traffic with
iintics of the Court, tAktn in their joint
„ It espetrially iJ'carenas taken, that such
laster an vta^ (ooejoineiK or be a check upon
'^'' 3Iaater, ahuuld have a third lo be a
Dpon him. My lord Macclestield oh-
Tial there was a ^real number oK South-
I India buuils, am) other securities^ P^y*
be bearer, that coidd iiol bt' iu the uarnea
Eny oarticular pei-sonii, and so could not be
iired ju that maiiut-r ; aud (hat it would be
bhletfouie to h^k them up* To which 1
pied, I knew no occasion for putting out
«y on South Sc^a or India bonds, or &urh
Jfllies, aince there were olher securitiea
pt| which iutL>'ht he under a proper re-
j mini which were not partable, but are
able ill booki at the Bank, orelsewhr^e,
I Hlfickk, Bank Anuuilieif, Civil List Annui-
Fonr ptrCcul. Aoiiuiues, Land at»d Blall
(Jtes, and Loliei v Oiders, which were as-
^e bv ir.<ii>:%> :iii tit ; bad that if these se-
■ Ue nameiiof ficverat |K:r'
^ible for anj one j»erw)n
' uf iiietOf niihcmi the knowledge aud
{fifalL My lord cxpiesied peat satis-
lit Ihta nro]K>sal ; and then asked me, in
iutier Mr, |Kniner*i dt-hcieuty would
pded for ? I then acituainted htk lurd-
tjbrro was always a considerable; ciwh
'^ tt^h hnnd»; aud that if bomc part
jltieed out at »uiere*t, in the immc
taiers, it wouhl be no ir^jury to tlie
,if ituaiieadv when Ciilled (or; and
Auce wouUl rut]ie a ftuid lo pay Mr.
I debt; und thai it waa very likely the
fiiif Trt .iiiury inij^ht, on such au occa<
ft uv the preti rcnrt', and let Ui chuse a
irt ul the loiiUH on llie l<in*l and malt
fitiid ihr iimni'V upoti ; Uui if :«ny Mhs-
|«fiy part of ibcMtoney he hud placed
^cca»ion« to an&wer ihc nuitor^^ «!r-
i^ccurittea Wi:rrf eaady converted
I wat on willing to uk any eurn
^Matter tu advBOce ; hut heUcre I did
, or /lUK)/. lor 1 ■ ' ' ip^'con-
iad look nonce n <niouol
' iriuld, lit uin nine, rai^
Mil lo answer the dcfi*
Ir. u^i,,.^,. My Jord uiada sotuv
XVI,
doubts; hut said, he wouhl be exccetJioir irhuM
to i^ive his assiitancc ; but wuh ntVaid lit* cuiikl j
uol jiroperJy order the stuu v to he lai4j
«ur, but Tor their !»enefit icy il was,
I 6aid, I ihoujfht that mii^tu !>*. ui»ue wilhoui
any order, if hi^ tordrfhip approved it, nud iha
\i ,..♦ ... .11 (.Qfije mio ii.and pluced it out in al|
1 s ; and that at any time, by dixpos^
iL^ 1.: -jc secuiilv t^ken iur it, ihe uiojieyj
might be rai^d, udcn wanted* My lord uudi
some doubti whether It couhl wt^tl be done; bull
^vasi pteaiied with the pr(»p<xsal : and many othef i
thiu^s were said, which 1 cuunot, at thi^dls*]
tauce of time, recolle^:!. I hail| my lords^ iw6^
views in il, but woiiH l>e pt>*ittve that 1 meo^
lioned them to my lord, I api>reheudcd it woutii
not only raise a fund lo puy Mr, Doroaer'B debt ^ J
but that it would divest each Masiter of th^i
power over 5,000^ of ihe suitors* tnouey^l
which be had iu Uia hands, I also took ootic:<9| 1
that if isome small security was taken from th^ 1
Masters, but am not lertaiu llv>* I ^'v^tioneil]
any sum ; but believe I vai^hi • and .
that such a security, with our oi.-_ , _iued at j
about j,000/. apiece, would, with Ihe ruonej^j
fdaced out tor the paymenl of Mr. Dormer^lJ
debt, be a security tor the money in our handa,^]
were we hut divested of the power over the ae- ]
curities, w hich was four parts io tivc of tb« j
tn]!<t: and though 15,000/, will not answer th^l
mouthy which a Miuster tuay ^oiuetimes havAf
in h(> hands ; yet whe^e a man give» a secu-. ,
rity for 11 or iS.OOO/* heMl scarce run away Ibr, ]
Ciu',000/. This i thtuij^ht mi^ht be of servico^' ^
to the public, and desired my lord to r ■ ' r
of it: and his lordship stiid, thai >
might be jf rafted on this plan ; and d^ ,.... ^
to put It tu writing. I told his loidikhtp 1 did
not know, wheiJjer this sclieme might be ajfrec*
able iu every body ; thai 1 cau»e into the uf*
fire but very lately *, and timt it was necessary '
lor me lo have a good con^spondcntie w tth my
biethren ; and that 1 vvus afraid, if it rihould bit I
known thut 1 proposed any iWm\f without their
privily 1 1 should Ire nn^i more unkindly amongf i
thein'tJian I had alreiuly been; and therefore j
hoped his lonisliip would out let theui knovf
that it was my propuHJil, tior shew ihein any
thinij- ol' tiitue iu wriliot; ; and took my lea v ft
of my lord at that tlute. The other Miisteri
knew I Imd been wi;h luy krd ; hut I did no(
c^jmmunicate ilie occasion of iny g^oing to him^
**v the pr4>iio!»4d ; but I sounded the i tsi r>f tho |
Masters, how any prujHisa) of this kind Wa4
a^n%'<ible to tliem : most tti' them were averse ^
to it, puiticularly thai of dtvebtio^ them of th^ !
secutitics ; brvaune thut shewed a distrust of ,
ihem, und they Miid, would duuiuish Lkie rejpu-
tatiou of the office. They wete against pfac^
ing out auy such sum as 5,000/. some were ra» \
ther Hiihuif to cootribuie annually, than tu pay*
such a sum of titonry do**n ; aud fiudinjj thern ,
oversr to tt, t was a little cautions how I put thit \
projKJsal into writings h w»«ji neur smooth be* ,
fore I set about it ; .\nd then di«i »( '" " ' ^dlet*
irr, in which I took utttice in th« ihal j
it was in obedieucc to hia torJsui^ . ,^.^,j4ud.
3 r
biij
10 GEORGE I.
Triii of the Earl of Macdex/UUtt
[WMt
Mr. Plummtr, I b<^ pardon for inlcrniptitiar
be witness ; I dfHtire be may be a&ked, if lie
lid not tend that lelter to my lord Maccles-
'eUl ?
Lighthoun. I wrote a letter, to the same pur-
i>rt or efTect v?itU what t had proposed, except
In some uisLances which I found other Masters
ttferse to, and was cautious of carrying it too
far -, and hclieve, instead of 5,000/. to be placed
our, t only mentioned %QOQl. or such other sum
\ shtvuld* be agfreed on. And though I men-
oned ft larger fiuni» when I was with ray loriL
I and a smaller by letter, 1 Itft that to my lord's
iirectiout as his lurd^hip should think neces*
ary, I don't remember, or believe, that I took
^l&otice in my letter of the small security I pro-
ofed to be taken, the rather, because the W as-
ers difieref] much in their thoughts about that :
ome of tbem were for giving none ; therefore
^ said nolhiog of it, I thought that was my
Drd's province more than mine ; but I stuck
be more closely to that of placinsr out of the
^iboDey for payment of Mr. Domiet's drtieiency,
and takiuff the securities In several Mastei^*
Dames. And wUeti i bad writ the letter, J sent
it to my lord about June or July, 1722, by my
clerk, who told me he delivered it to my ford's
servant.
Mr. Plummer. I desire to know, if he kept
any copy of that letter f
Ligktooun. I kept the original draughCi
I which 1 ajipreheiid I writ the letter from. I
I Can't say it is an exact copy ; because in tran-
sfer i bin g, I might alter wordls which 1 disliked,
ind put in others ; and therefore 1 am nnt sure
bit is a true copy ; it may vary in fonn, but not
* I substance.
Mr. Plumtner, I desire he may be asked,
Vi¥hetber ever he spoke to my lord about it,'^ud
hat my lord acknowledged the receipt of this
etter ?
Light boun. My lartis* I think 1 did say^ in
rthe presence of some of the Masters, when my
riord talked of taktni^ security 'm several Mas-
rleri^* names, that if liis lordshi[» would look into
tibe letter 1 writ to him at such a time, he would
vfind that proposal made : I don't remember my
Fiord made any reply, he did not deny it. Dut
flkot long before CuristmaSt my lord did mention
ttbm letter lo me, upon this occasion : when I
ikfW ftaming mj accompt before the judges and
f ihe dinectfus of the Bank, 1 had told them of
I this letter; which his lordship, having heard
Lofi asked me, what I had naid about it F 1 told
ikti lordshijpi I had arquainted them with the
I contents of the letter I wrote ; laya he, I have
f lliai letter hy me.
Mr, Plummer. I desire Mr. Lightlwun may
produce the letter.
IJghtboun, My lords, I have not the letter.
Mr. Pitimmer, The original draught you
^ iQentioD,
£Mr. LigbtbouQ produces the draught. ^
Mr. Plumner. Is that your own handwriting,
^ind Lh« substance of the letter you sent to the
I^rd Chancellor?
Lightboun^ It is my tiAndwritiag, aad ^
substance of that letter.
Mr. Plummer, I desire tl inay be raid*
[Mr. BaiTy reads the draught :]
*^My lord;
"In oliedience to yotir commaiids, I bereliV
before your lordship my thoti^hts i ' u-
fair you were pUasetl to meDtioo isi
last the honour to wait up<iri ^ M,i»»iiJ
and must own, that n provistrr itrmaal
upon Mr. Dormer's ofEce, Um.^.,. ^.^wer «if
present |nii'po«e : but. wiih gr^ aubmiaMe^l
think it concerns the honour of the Cutirt d
Chancery to find out some propes ts
prevent the like accident for the U. it
bejr leave to obaerte, that the great liitiiLui:^
which this gentleman has hrt>ifgbt ttp'^i v:r
self and the Court, proceeds not *- t
squaudering or mitfupplicatiou fii >:.
cash in his hands (were that ai), ht& iriktaic jol
oflice would much ntore thati have aufwenl
the demand^) but 1 am afraid tt is loo
that his power over the govemfnent
that had been transferred lo, nr i—^T-^t.^ |,^|k^
him, or upon which he had p lia* mi>
ney of the suitors of the Com t ,., „..^v.^va
has been the occasion of this ^eat deficaeiCT,
which 1 hope may be provided for^ aiid Wl
credit of the Court retrieved atid supports^ fcj
every AIa.sier*s advancing 2,d00i. orvudiote
sum as sdjall be agret^tl ou, out of the cask rf
the Court in his hands ; wbicti being p1a€tl
out at ioieresi, thi? yeaily iocoine thff tul i>
gether with the produce of Mr. Donne t « rv
tate, will answer the demduds that mnv 1 -- ^^
|>ected oil his succe»((ior \ and vvilK lu dtu. unf
make good the dd>t upon the aliice, prondii
the money that has already, or may herafta
be raised,* from his estate,' or any other vitfi
for that purpose, l>e forth nilh applied Ii6&
charge such demands a« carry intereat, or ll
inveHted iu such securities as have been dtspoai
of by Mr. Dormer, belonging to the suitofitli
answer the same and the accruing ioicf«^
which 1 ho[ie ihe gentleman that ttucc«f«is kia
has already i;tken care of, if d«>|^ tbe driaa^
will rather encrease than diminifilu
•* And having before obflerv<:d. fn>m wlws*^
this great lU^ficiency has arose, I ).utitiiit if li
your lordship, wlitnher the teikrng til ifiAfrs-
ment securities for the future, in fbr n«mf 4
two or more Masters, xi , :\§
misfortune hereaf\er : ;v J
out to interest, lo raise a umim mr \uc psvuMoA
of Mr, Dormcr^s debt, to|rcther wiiti cnir «ffioi»
would, lo a great measure, be a security' far
the cash with vrhich we should Ihsii ouly bt
entrusted.
** 1 expect it will be objected, a««io*l the ^
posit, that some Masters tti«y ooi at way « La*!
that sum in their hand"! ; but 1 will feutun^t*
say ^ it is scarce p?iibab!e that can haiipniii'
the money lie directed as usual, to ba aron^lil
before the Masters, both by yoitr lordsbip and
the Master of the UoUai witbtitit Jifbkk ibt
1013]
Jhr High CrtWs and Miidemeanari*
A.D. i7i;5*
[1014
llMtMftciinU Ibiok themsetiret much btereited
ta tk€ eteot of >Ir. Dormer^ff aJfair.
«^ II may ol&o be ol>jecleii, tlml the atteintian
pnpme^t iu the future taking' (fOTerninent so-
eQnti«<», will »bew a distrust^ anil cause reflec-
ttoRs upon lhf> Masters ; but 1 ithatl tliink it a
liappiuesRy to be ilivetted ef a ^fower neter to
be umd^ irUkout the |j;f«atefti yiolatioii of the
lru«t reposed in tis that can wdl be imagined ;
ftnd 1 think it evidetitf thai tt had bfcu a much
^Tcalcr^ if we hnit never heea eiiirunied mih It ;
I Ml4lJithi!iTinatioti may Ih^ begun by ourselrea,
iHlliout any public dire<:lion or alteration in fu*
tii?e ordert^ I Cbtok it will rather turn to our
rrpulatjon than dtHadf aotage, and will certainly
mm tbe minds of the suitor^, which ought io
1ttv« some oonstderatioQ in this affair. I am
ttDwilliDg lo trespass lonjfer on your lf»rd»«hip*s
time ; but if I have the happiness to have of-
fored any thinff tltoutrht prHCticable by your
Isbipt wheti I have the honour to be admitted
t upon you, 1 hope to scitisty your lord-
bat I nhdll, with pleasure, contribute, as
neu me, lo facilitate »uy uodt^rtaking of
Ittnd ; and that 1 have as much at heart
r iTQpuiation of tlie ulRce 1 had the honour to
1 in by your lorrlship, as any of my
her Masters, But as we have different
rs, it is not sorpn^injy that we think not
which makes me fear that nothing of
td will l>e approved of, luitess recom'
ded by your lordship ; and am, my lord,
■ k>rdsbip*8 most obedient servant,
*^J. Ligiitboun/'
Ir. Piummer, What date is il ?
flAgkibaun* I flid not expect when f wrote
* 1 1t<ter, tliat 1 should have been called upon
if 9 any account of it, and did not put any
f to it; but to the best of my knowledge, i*t
JoQ«» July, or August,*! 7 22 ; but it is
drtniiiiatances I recollect that, rather
I horn tny iremembrance 1 have of the exact
fV iMtm^che. 1 only desire that Mr. Li^ht*
recollect the time, when he first
1 lliislo my lord Macclesfield, and this
* WW taken uotioe of to him f
ihtbc^in. Indeed, my lords, I cannot do
[ bdieve it wwm at t meeting of several of
Mlart,Al my lord '9 binise. I ollen had
i honour to be admitted to him, with or with-
olber Hasters. His doors and ear were
^ I open to me ; and I was oftm trouble*
i^to otslonlship: But I cuunot recollect
" ne, when this was first inentioneiJ.
Piummer, 1 think he 8ay& the iVTaslf^rfi
1 have diffcnmt views. I desire be would
^11 bimself, what he meant by that f
|Al5oiin. I meant by that to put my lord
of what I bad said, when I hatl the
itr Id be with him last, when his lordship
that ibe proposal of a contribution
i llie two seiuor Mastets ; I then said
was only to akin over this
one of
d«tigii
Idl tbey could get out 1 That
AiUmm ki§ Mdc^ni ^ib«
already^ am) another was about getting out.
1 told bis lord^bii), that, at 1 was but lately
come into the omce, 1 proposed lo si^eod my
days, or wear myself out in the service of tbe
Court. Therefor «s, thai tlieir ilesi|^n was lo ^et
out, and mine to continue in, Has what I meant
by different views,
Mr. Ph muter, Mr. Lifrbtboun hath given
your lordships an account of his pro|MMials and
arguments useil with my l^rd Chancellor ; 1
deiiire to know, whether'he used any other iu-
ducemeoti to persuade my lord to make liome
orders relating to the Masters ?
Light houn. it was a long time before 1
beard any more of this affair. As they were
quiet, witnout any application to me for the
50U/, or to come mto any contribution, which I
was reifulved against ; so i did not think it pru-
dent for rae to make any bustle amongst my
l»rethren. I thought 1 had done my duty, 1
had ffiven my opinion wh<;n it wus re<)uired,
and I did not stir in it till tbe Masters abpre*
bended themselves very much aggrieveu* by
the vuriiiMon the Masltfr of tlif RoUa was pleas-
ed to make in the practice of the Conri, by di^
recting- all the money of the suttors to ba
broug'ht before his usher, and sometimes to be
pot out by him w ilhoul the Masters* approba-
tion, which not only di:pi tved the Mastere of
any ailvanla^e from thence, but of tlioie feet
that were due to them, on tbe receiving and
placing out at interest , or paying it out again ;
and, as I took it, it no way answered the end,
nor waa for the benefit or security of the suitors :
Because if the trust was too great, and the
suitor's property not safe iu eleven men's hands,
much less ivan it safe in the hands of on«,
Tlierelbre I apprehended there was reason for
complaint. On this account we had several
raeeiings ; 1 was always ready to come into
any representation to my lord, in hopes that
grievances of all kinds might be looked into,
and, I believe, of^en complamed to my lord of
these matters. We went to my Lord Chan-
cellor, and acquainted him of our grievances ;
my lord desired us to put theni into writing ;
we all readily concurred in ttiat ; accordingly
we drew up our ct»mplaiots of the^^e, and other
encfoacliments on our offices, by way of n^pre-
sentaiion, which was delivered to my Lord
Chancellor, and afler my lord had had it lome
time, and nothing doi^, we frequently im|Kir-
tuned my lord to consider tbe declining state of
our offii$ra; and 1 concluded that would bring
ibe mhmr laatten 00 the stage, without which*
nothing effectual could be done. My lonl said
he would have a conference with the Master
of the Rolls, and the Masters, in order to de-
bate these matters ; and I dul not doubt, but,
upon that occasion, the deficiency of D«rmer*a
wuuld come out, and that something imght be
dime for us, oonsbtent with th^ houour of tbe
court, aiHl tbe suitors* safety. But that con-
lereoce was delayed ; ilie grievances in all re-
spects grew greater ; ^e gfew mure trouble,
some to my Lord Chaucellor^ my lord thea^
i&id tbcrt wu 11 neoetitty of re«ic«iiitig all ib»
I
I
I
10151
10 GEORGE I.
Triat of the Earl ofMacdr»fieU,
[1019
I ; Jic nieiitioneil the Mflstf n giving' i
thnt of takinji; tecuritlcn for the I
irrir?anrr!i
•ocuril}*, thrt
•mitors III oilier ivro|>h?*s nampfl, ami conliniiin;^
tin: >l:Mtpr^ in the rnjtiyment of their office^ ns
tUi*v had iiiiefi to have'theiu, antl Raid it would
be tifRi to do all tu^othor. With thijc we were
put olftor somo lime, hut, od fiirtlier solicita-
tioD, in y lord said he uas now det(:rmiDefl to do
■ouiethiiHT in this aflair, and his lordship dc-
mrcd a more particular account of the {grievances
complained of by the Master;, nn*( their rea-
sons, and the inconveniences to the suitors that
accrued from the new inc^lhrnls, which the
Master of the Rolls had turned the business of
the Court into ; and thnt the matter, both with
respect to the suitors and the Masters, inii^ht he
fully usderstoofl, his lonlnhip pressed, thnt
sometbingr of that kind might l»e drawn up in
writing and laid before him, and he would make
orders proper to make a thorough reformitinn
in the Court : And 1 remember hrs czprcHsion
to me was, it would save him much trouble,
if what was drawn up by the Masters not onlv
oontaincd the WnnQM which they had ^rounJs
to complain of, but was put into the form of
orders necessary to be made for liim to con-
sider of, and alter, and add such others as he
had prepared or thought necessary. And soon
aftir, a second representation was prepared,
and was delifcred to nvy h»rd. And after his
lordship had had it some short time there was
a meeting at mv Lord Chancellor's, where the
Master of the llolls and the Masters were pre-
sent, and, at that time, there was a goo<! deal
of discourse about the money. But wlicn tlie
Blaster of the Rolls began the topic of his ju*
risdiction, exclusive of the king's commission,
heats arose, and tiitle was done at that meet-
ing. I think some persons of quality came to
8|>eak with my loni, and that broke it up. I
was soon afterwards with my lord, and I ankeil
bis lordship what he intended to do : He snid he
was sorry matters were irot to that height, but
that he lb und if the Masters would gire up
the jiisticature, they might be made easy in
their demands, antl things put u|>on the old
foot, and the suitors made safe too. U|K>n
lliat occasion, 1 did take the liberty to say,
if thci-e was a jmlicial )>ower in the Masters
by virtue of the king's commission, as it was his
majesty's prerotrHtive to grant, we coutd not
Kive it up; and that, for my part, 1 would not
4!\rhance or barter it tor the custody of the
suitors' money. I believe my hml pro|K)sed, at
^ this meeting,' to have hud the aiisiNiaiice of the
Muster of ihe Rolls in making these in-
tendeil orders : and 1 rtcollect, that atW the
drfetiiicy of this last ie|>reseniation, which I
war. {trescnt at, I lieani that my loni had shewn
it to the Master of the Rolls'betore the mret^
iiig, whirli I took amiss, my lord desiring it tor
his own private use : upon which 1 went to him
in order to withdraw it, and told him it was
done in such hasie, that all the Masters bad
not considered it; but nhether I uUe^cd to
him, or he to me, I don*t remember, but it was
9tid, tliat it was fery pro|tcr the llaiiten iboiild
all kign it ; and I think I carried it back to the
Masters, and that we all signed it ; and then
it was detivere<l hack to my lord. And 1 be-
lieve, u|ion the face of that representation it
will appear, that it was drawn up at my Lord
Chancellor's^rcquest.
The first representation was chiefly cnnfinnl
to such grievances as affected ourselves, the
second is'more at large ; I don't know wbeiber
his lordship will pro<hico it. Some things ia
it may seem to bear hani upon his honour, the
Master of the RolU, aud may give offence; biK
it will be considcre<l, that it was written at atime
when there were sfccat differences iM-tween ibi
Na!«ter of the Rolls and the Mastem : nay, I
think I may say, the whole Conrt of Chaneoy
was in a state of war.
Mr. Pluinmer. I desire he may be asked, if
he ever laid before m v LonI Cbanc^lhir tlie Oh
pectations of the world : that he wouki refoni
these abuses and grievances ?
Li^hthoun. 1 have often mentioned thilll
my lonl, and pressed it rather more and oAnsr
than became me. 1 was ashamed to be M
troublesome, and 1 was surpriseil that ny hrl
did not do something in it ; tlfough I soonnMid^
and hare often told one or other of the Marten
and others, that my lonl would do nothing ii
it. However, I contiuue«l to |iersevere in prw-
ing it ; and expressly mentioned the gmt b*
conveniences the Court would be ran into ftr
want of a proper regulation, and with whstu
ill grace we could apply to his successon tsit*
dress these grievances, to case his lordship grc«
weary of the fatigue of business, and qurtird
the great seal ; that thev would tell us, we kid
long acquiesced under them, and that his lord-
ship not having so much as looked into Ibcaif
they would not care to meddle or interiers ii
it. I pressed it home to his lordship, iid
thought he made doubts and diftieulties wben
there were none. Indeed 1 I bought in this hii
lordship wanteil his usual resolution, and il-
most ventured to say so. I know not vb^
ther it is very proper to mention it, hit I
did take the liberty to tell his lordship, tbH if
he did not redress the>ie grievances, unless af
lord Lechmcre sucoeeded him, 1 despairrd m
seeing them settled on any better foot. I hepi
my lonl will pardon my mentioning bis name.
il^>rj. Peng, My lords, we hare done wiik
Mr. Lightboun.
Herj. Probyn. 1 desire he may be askfld,
when the first application was made by dM
Masters to redress their grievances ?
Liffhtboun. I really can't tell. I went H
frequently to my lord, that I cannot disttngoidi
one timefrom another ; I lieliere other 111*'
ters that went seldoiiier (^un tell better; btfl
believe it must be a year and a half, or t«f
ye^irs ago, or more ; I cannot tell tlie time.
Scrj. Probyn. I desire he may be aifcd,
whether there was any second application, bs*
fore the representation was put into writing?
Lifkibaun. Immediately upon tbe Mastvif
the liolls's varying the method of the Conrt,
aud diractiog tbiie money to be paid in la Iki
fo^ Ulgh Criwn and MUdmnennorx. A, D, 1725. f 1018
!»«ler^i»«nt i<* my l-^vrH Cliaw^l- E, of Mare* Whrthir ther© Ji«4 not hefn
f ImIicvo iDiiiit bi^ before riiriiiimati Hk<? «!if#Tfiofiii, that the Usher should \%y jire*
h**iiefe Mr, HoUoiil remembern it
I that from tmn* tn Jimf , I hnve often
•m thut my LorO Chft«Cilbr would do
■BW%fi. I dp^ire In n«k him, ivlirn thut
l^itef betttecn iht* tnfn I>grd Chu0celk>r
p Mi«ttfr r>f the RoUft i*
klhoun. That 1 heheve «Yaatb« b^mcilng
buiTiniLx.
} Pfoht/n. Vl> desire be tuny «iy who *f as
HtiR-nt ut that meelitie tf'itli llit? Master of
jiii. My lord^, nt ihnl mppring' with
^ tif the UotU thi* l><int Oiitiirctlor
be ifrifRi iipiil h^fore him ; siud
rAvifjit*!-!! were there, \vlth jmii,
-^ - , Horr them, in proper hnhit!«i ;
laierof thtf Kolls, and :i1| llif [VlaMprs in
nwfkti ; and fhc *»orrt*l!i» v wni% li^rff^ nnd
bttern mil hopcNl the orders were to he
Enounced ; btit I catiH remember I hot
^"^fen net pen to ii«|ier« The Visber ww
irUt^re.
^^p//v/i, 1 desire he maVf if he e&ti re<
^^givc a pnrticiilar account ot what
Uho^n. Thk- 1V1 alters intisted rhey had ti
T ■'- the money feroiifirht
vfti AHV M'feience lo
ii'^lNt)ught in tur i\u
Uf ii • lit i\\p%e ca%4
timf an< •<! miiv
1' r. lo \i liom tilt
M; and r init ihnt where mo-
pt broutf^i bili^ of inteqdeader
rtof^iilorv otilfiii, wheir there wus o<»re-
^ to ft iViAstiTf the mf»ney had u^iUdlly
kectCHl lo lie brtrtjj^ht into I'ourt, in order
tpt till it emdd be detennnird wlmse it
vhal n«e it u'a% u* bcnpplteil ^ And
admitted the money waiii formerly
Usher. Thia I appreliendeil wsi
by the M altera as their nudonbt-
|id (t wan fV"'"*' * an order would
llhi'n mnd^ \i no,
ibi/n, 1 dr Hv what further
ititt^ to Trin ' tibout any «c-
pinlioirn e!C|tr
ittehn. Some dehutn aro$ie nboiil the
t of the" rtolbi^a jndicature, started 1 think
[ deajre to pnt Mr. Lichtboan
^jiotnc thin^a^ and tirat In a^k hhn,
on thai applicAllon they had made
'attun to ihe alteration or vuriHtion,
It, in the prartinc of the 0»urt^ hy
fiutidr ' : *' y ' " ' '*^'\
lid
patood?
Your lordship did; hut it waa long
il mmUm^t ' tNt^<v« * year and mofe.
nppii-
I r).>.»
ced'^nt* before me ?
Lishtffoun. I df»ti't know ol nny soch dirrc-
lion^ fo bim, hut I remember my Lord C*han«
eellor rnlled for his preeei!eniH» iind wondereil
he hud not brought thetn,if be had any for bli
pnrpo*«et
K. of j1f/;rr. 1 desire Mr. Lij^htbonn may
recolleet whether the question was not put to
the Uiiher with relation to the nsnife of the
Conrt, to put the money into i he l^laMer's^ handti
in ah eaeew where the money wan broug^ht int<i
Court, to be deposed of either to be put oiU at
interest, or paid to ' , whc*
ther he had any oil trary ?
L ' '' I rcnieitjiu r iif tihh iiiirt<f, and I
ap|i i!iL' Usher ttid not make out any
sort <•■ t v.iitii iO keep liuch money»
E. of Mace. I fh>n't ask wtint the Usher
made nut, but what qncstMinsi were asked him
alioiit the usa^e and preceflents f
Lt^htioun. I helreve they were asked for^
and I otfi «urti he then produced none.
E, of Mttcc, Fray, recollect, ^nd couftider %
did I itpeak to him as to one that h^d not any
precedents to pro'luce ; or did 1 make mention
aa if lie hud brought pieced en m, and a^k him
if he cotdd nay, |1iat amon^ thoae precetlents
the I io tlve purpoite, to make out that
thi notao?
■mh, I «ay ynnr lordsldp blamed brm
Uringingf tbw« precedems. f Wlieve
y^ nii^hip a<<ke<l him, if be coubl brin^ any
precedent to ihe point? And, to the best of my
r#-rn* tTihriiu'1% be sflid be had oone» or i^ave no
iswer, hut such uk 1 thought eva-
,1 lonot remember particularly what
your lordship and he said to eucli other.
E, of Mace, This it a very inditferent ac-
C4iuut; since Mr. Lightboun halb ao pnoA m
memory, 1 desire to know whetlier the Uahnr
tian not told, that his prece<Jent^ had been read,
and possibly 1 mispht have overlooked some
that ivere material ; und therefore dei<if ed htm
to sliew whether there waa among' them m\j
otic precedent, that related to money broUf^ht
in in these caseK T
He produced none,
. Dill it n«it dppear that he had
< dentx before, and ihev had been
po»«ibly I mi;^ht have overlooked
7.. .A, J
1
pro I
reni:
SlOtip: II :'
Lif^htbaun. Dn your lord^hip't mentioning
of it, 1 do recollect »onietbinf( did appear, that
your lordship had seen htw precedents, and did
expect he ithould lutvv broni^ht n»ore.
£. of Mmc. I deaire h« may he a^ked, whe-
ther be did pretend he could produce mor« ?
Light b&un* My lord»i I cannot be i^^rticular
ID that,
E, of Miict. \ defiifftoknow whether he did
not own that he bad no nuch precedentft T
LfgfttOuun. In anawer to tbat« my lorda,
I CHiinot lay (toftuitdy be did or did not;
for I iwlieve I ha«e fteen aome few orden of
sncienl daUs, that were prccedcDti of «oiitf
1019]
10 GEORGE L
Trial of the Earl ofMacde^UU^
Mn^ brought into the Usher's hands, in order to
bedisposed of aAer hearing. But there were
hut few of them.
£. of Mace. My lords, I desire Mr. Ligbt-
houn may be asked, whether the Registers were
not asked about the practice of the Court, and
if in all tlieir observation and experience the
money in the cases before specified was ordered
lo the Usher?
Ligkiboun. They were, my lords.
£. of Afocc. And wliat answer did they makeP
Ughiboun. They answered, that the money,
after hearing, and on interlocniory orders,
vhere the application was directed, had been
iisoally ordered to the Blasters.
E. of Maee. I desire Mr. Lighlboua may be
•tked, whether it was not after this, that the
Master of the Rolls began to speak with rela-
lion to the judicature, and how that was intro-
duced?
Ligkiboun^ I hare forgot the circumstances
•nd manner of its being introduc«l by the
Jftaster of the Rolls. But I remember one ex-
pression of his honour's, that he would have
tha Masters consider how proi>er it was for
them to insist upon a iudioatnre, which would
empower them to order money into their own
iMods. But how he introduced that discourse,
1 don't know ; but 1 saw the LonI Chancellor
had not a mind that topic should be touched
upon, and that the Master of the Rolls brought
It in much against his lordship's incUnation ;
but how I don't remember. Ir your lordship
pots me in mind, I may recollect.
£. of Maec. The Usher, was not he ap-
prized of this meeting?— JUgAf 601111. Yes.
E. of Afocc. Did the Master of the Rolls
five any opinion relating to this matter of the
money being paid to the Usher?
LightbouH. He insbted on his own judica-
ture, and both introduced and stuck to that dis-
course.
£, of illocc. Do yon remember his saying,
that the Masters must not expect farour at the
Bolls, if they contended for jurisdiction ?
Ughtboun. My lords, 1 do not.
£. ot Maec, You spoke of my irresolution :
IVas it not with respect to the dispute between
you and the Master of the Rolls ?
Lightboun. 1 could not tell where it stuck,
there was some difficulty made of determining
that matter ; but your lordship did not com-
municate to me your reasons why you did not
proceed upon that, or any other of' the Masters
affairs.
£. of Mace, I presimie, Mr. Lighboun, you
did not, every time you came to me, speak to
me of the affairs wherein the Masters thought
themselves hurt ?
Lightbaun, No, my lord, I did not.
£. of Afacc. You sometimes spoke to me
about the mopey , and at other times relating to
the Msster of the RoUs ; I desire to know,
when you applied lo mo with respect to the
disputes with the Matter of the Rolls, and the
innovations made on your oflloca ; if it WM not
1i))<ia that yoo foiiwl BM imiolali f
Ughtboun, Your lordship always 1
was proper to settle all at one time, that
security should be given by the Mastei
something done to make it reasonable to
it from them ; which was to establish thi
ters in their just rights; and upon that
sion your lordship mentioned taking wti
in different persons' names, and upon thi
the old proposal of mine was revived.
£. ot Mace, 1 have no further qoei
ask.
Seij. Peng, My lords, we desire Mr. ]
may be called.
Mr.lfo^arrfcaUed.
Serj. Peng, My lords, we desire Mi
ford may be asked, whether at any tim
when, he heard of a proposal made I
Lightboun, and whether it was made pn
Holfbrd. My lords, a good while ago
lieve two or three years, Mr. lightboui
had a great deal or discourse alMut the
tion and circumstances the Court of Chi
was then in ; and about the confusion th
like to happen by the unfortunate aocide
had happened to Mr. Dormer. We did
a great many things tbst were proper to
dy it. A great many were the same tfa
mentioned in the letter that hath been re
think I told him, it was very right, esp
as to the matter of the securities, whu
the greatest power a Alaster was trusted
for as the securities were above three 1
four of the whole trust, if there could be
found out to secure that, it would be a
away three parts in four of our trust ; an
sequently would not leave so great a po
the Masters ; but as long as they were
in the name of one person, and no trnst de
he could dispose of those things, and 1
could hinder it. Therefore I thought it
to be taken in two or three names. 1 1
when it was proposed to be in two Nsi
was mentioned there might be a third, au
no harm could happen to the suitor
less corruption ran through the whole
I remember some time alter, that Mr.
boun did show me the rough draught
letter, which he said he hsd sent to m)
and we read it over together at my hoi
told him it was very right, and that he h
it upon as good a foot as upon the first
deration it could be put upon : that evei
method was liable to inconvenienciea ; I
my part, 1 thought it looked fair, in that,
matter of the securities, the money
Masters' hands was left pretty much to 1
rection of my Lord Chancellor.
Seij. Pengeliy, i desire he may be
Whether Uiese proposals that were mad
agreeable to him, so far, that if they w
rectedby my Lord Chancellor, he vrooli
submitted to them ?
Ho^d, Yes, my tords, 1 ahooU
readily submitted to them.
6er|. Pengeify, I desire be may ht
whctMr lie rfmembcra any toowmad
TOST]
fif High Crimei and Minfemcanors*
fvoponhU before my Lt>rd Chsnccltor io his
pmenoef
^JiQt/brd. I donH r^roembef I ever had the
^ftoour of speaking lo my Lord Chancellor
^MNit Ally of Ihem ; ttoriohave been mi anv
^Bslinff wUefv ihey were spoken of betbre ray
^fcrd fJuanceUor,
Mr, Lutayckf, My lord* I detire he may
r »iiked, whtfiher hecao recollect when he hud
i diaoourse wiih Mr. Ligbtbonri, and wheu
RUffht of the Ittter was »he^vn him ?
prd. About two yeiirv ago ; some time
bad been written^ and sent to my lord,
r Lijjhtboun told me, «iy« he, I bare Vrrit lo
ijofd til the effect of what we talked of; and
bew V ou the letter ; and he polM out
^, and shewed it me.
^ of Maccktfield. ^Vere yoo at that meet^
Hhi*:h iMr/ Ligbibouii hath mentiooed,
L llie Masters aod the Master of the Kofis
I Ibere P And what passed, as near as you
r remember?
Hciiford. My lords, I think it was upon
iimmer-day, if 1 remember ri^ht, and the
I the l/Ahers, the Jtegisters, and the
nf dv^ FJalls, were all there. My Lord
'red there had been some dia-
■'■ **:irt of Cliaoccry, and he bad
i them to|;ether to adjust those disputes,
ciatly in relation to the money of the Court.
Iteve the Usher was culled upon to know
liher he had aoy precedents to offer in jua-
"'m of lii)» own rightt or of what he clairo-
krigbt; and the Usher, I think, said at
e, he had no more than he had already
to hi« lordship ; I believe his lord-
thoRe prereiJeots were not much to
jiose ; the U$h<.T said tie had no more,
aifered no more; and jif'^" "^"r^f iJih-
there were acferal pe«M ihe
rinaiaiing there were aomt , — . :^.ii5 to
^ Tb«n a tlisputc aro^ about the
I ttftbe Master of the Rolls ; and so
broke up at that time. I think no-
ore was done«
„. Ftn^eliy, Mv lords, we desire tbot Mr.
loastojt may be called*
Mr* Kyn^iton called.
fUy. My lonls, we desire that Mr.
ay give Your lordtbipji an aecount,
rw^of any proposal made to the
'■Id, rdatrtig^ to the securing
I i>i«r suitors P
Uiian. Ypi, niy lords, I do ; there were
mertingv among* tin* Masters priTutely
Mhey came to an agreement. J think
HLMtre. thdt ihev would gfo ^to my
'* him to f^te
Ml I of the secnri-
that li ^hunld not be in the Maxter^s
di»}*o%«' of ilitm. I remember it wa*
' ii(ion, thnt jt should be so reprepiiitevl
^ifvrd. sod I bHit!?«* sU^ or m'»ftt ut' ihn*
I I • my lord iM; ', and did
lord. I SM iivestmie
mm^ laid bdfore ima, ^tue ^ru-
A, D- 1725, [lOM
posed lo get peoole to be bound with them»
but tiiere mijE^ht be some difficulty iu that;
irthers proposed that they should jrive land*
s«*curity ; but it was thought likewise thai
mitfht meet with diificultiea in relation to ihm
title,
fierj* p€ngtU^, Was there any pn.
made at to the securities io their hands ?
Aynosfofi^ Yes.
8crj. Ptngtity, Io what manner was it pro*
posed thai the setniri lies should be taken ?
ht/noMton. J am not posiiire, hut it was to
this purposie ; that they should be put io one or
two of the Mastera' names, and of the per
concerned. I am not certain how that was^^
but it was something of that kind.
8erj. Protn/n* My lords, i beg* leave to ask
this Hslness when this was ?
Kynaston* 1 do not remember the tin
actl^ ; I belieTe it was tome time
Christmas was iweltemooth.
fcJerj. Fengeii^, My fords, we shall call i ,
farther witnesses upon this particular Article |
btit beg leave to refer to your lordships' rea '
lection what passed yesterday, from the ex
mi nation ot all the Jkwters, relating to theeo<«^
couragement and imluoemeat that prooeeded
from my lord Macclesfield to the Masters, lo
persuade them to make up Dormer^ s deficiency p
if their offices should be established on their
old foot ; which safficientty proves the notio
the Earl bad of their tradicking: and dealiD|^ ^
with the money belonging to the suitors of the
Court. In the next place, we shall lay before
your lordabipB an order, made by the earl of
'niacclesfield«ofthe 17th of December, 1724.
Though as to the several propoHat^i made to bis
iorflshiu by the Masters, he doubted of the
power he had to make any order, vet when it
was tiK) late, or atler the losses had happene*!^
when the afl'air of this great dettciency appeared*
then doih he make an order, that looas wttb
some rare, but with this introductbn, that It
was not usual for the Masters to y^iwe secu*
rtty ; thouffh it appears to your lords hi{>9 that
they li;id uftereil it, and were willing to do it
Mr. Ii4ilpk Paitofi proved the Order,
l^Clerk reads.]
«« Ordo Cnrife Jovts Dectmo SepUmo Die 1
cembris, 17 3t*
'* Whereas his majesty has been pleased I
appoint a committee uf several lonls and otlierv^ '
ol hi* mo?vt lionounibte prtvy-couticilj to make
some enquiries concenimg: the Court of Chan*^
crry^ snd particularly Li>ncenitn[; the monies
of the suitors of that Court, ru the hands of
the Ma^iterH «r other tilficers of that Court,
and to coiiMider which wsy the same may be
best nccured; and the Lord Chnnccl!. r ha^ng
at their desire ordered the several Matter* Id
g'jve in thrir respectit e accsompts. which Ihejf
Hocordingly did ; and ^U. Iwifttn CtMwrt, Mr,
jftntiiT Oeiiton, and * ^ > 'K amt
tikewjiwiiir Nathau^ n^aod
Mr. liaoger, three el ilic dutcloisi, oud one of
1023]
10 GEORGE I.
TfudoftheEarif/Mi
then depiitT ipoiernnr of the Bank, hating
hbOk apfrjiiiiui and desired by Ihe said cuoi-
miuee, tuinsfiectaod t:iauiiiietbeaaid ^cconiffU,
and who have proceeded ao todo, and al^rr
havinf^ been aevtral tiaiea aueuded by the said
Marten, have made a report thereof lu the said
coiDDiitU^ ol' council ; whcrcfeT it appears,
that, t!iuu:;h aSI the 31astera of iLe nid Coait
bare producf:rl before thcin all the securities
aod ccfiiiicate^ of their having the stock aod
aDouiiies in their oames; which, upoe their
aoeomfrts, the}* appear to be chargeable «Khas
beio«;i;in^' to ibe suitors of the Court, aod
much the f^'*^^'' (■■t of ihe Masters have
broui(bt before the said Mr. baron Gilbert, aod
other |itTBonii above named, their cash or secu-
rities easily cou%ertibIe int'i money, certificates
uf stock, and annuities suthcient to make good
to, or laid out for the flBiMKS of the Csw ka
deiMsiied in the said rheni, iinoer u* iukpcc-
tioo oi'31r. baraa Giibtrn, &ad liieiiaer pefwai
j appointed, as aloresajo. to iiinyrn liia Mauer'i
I aa-jinpt^ or of socue of u«cbi. \ bdiI udX t^s
, the chesu be locked up. am) k^ u. ihe cuiUuj
i of the Bank of En^^iand ; kui mi Uf lie kept ai
' that the Masters nay ba.ve tmk-\ &rsn«ft ihetia
' tucouply with the orders tti xx»Ik Caurt, tdl is-
; ther order may be taken cauDoanii^p lAe nac;
, and whereas the MdHatts i<are ll iMatr fnoil
' aocompis giveu in particu«ara cif szock. aaJ d
1 annuities, traaslerah^ in tbe kKifcs al lot ««b
i ral companies, ***^^f^nlc u tbor baiacs, omI
■ belong to the sevctal Miiinrs otf* tLis CoaiLtf
i as their own proper s&ock &ad annniLOLlr
! which part uf* the balAUce of eakh in their hoM
' may fie made g^ood or secured ; It i»Ziin;h:rff'
the balance of their acoompts : yet upun the - de[«d, that they du each ««f uLem funha^^
aaid rejiort it appears that there are vet consi
(Jeratde deficiencies of monies, whicli were in
the bands of some Masters, who are dead ; and
that some of the present Masten have not pro-
duced tlie balance of their cash, nor giieu a
aatisfaclorj^ account how the saiue is to Iw made
good, and it not ha%in|f been usual fur the Mas-
ters of the said Court to uive security for the
money intheir bands, the said comiiiitteeihouffht
advisable, that till this atfair could be more ma-
t4irely considered, and proper methods esudi-
lisheil for security of the suitors of the said Court,
the eflects herein after- mentioned, which have
upon this occasion been prodnced, should be at
present secured in the manner herein after-
mentioned, and recommended to the rit^lit ho-
nourable the LiM-d CiiancoUor, to take such
order therein as bliould he pruper ; all which
being comuiuniratcd to all the Siiil Masters,
and the said report ni>««' read in the preaciire of
them all, except Mr. Kytiastun, uho is iiidis-
piised, aufi thereby pi-eveute.1 from attenihnu^ ;
and up«in heaj-ing' what was allet^ed hy the
said Masters, are the f.icis of the said rttport,
so far as cunceru their resiiective securities in
their hands and power, and the balance of cash
in tiieir hands not hLiii:; euntrovcrted, his lord-
shipthcrcroi-edi^h tliii.k lit, and sf> order, that
the said Masters, .^[r. iloUbid, Mr. L'lvibond,
Mr. John Bennct, Mr. (jodt'rcy, Mr. Li|^hi-
boun, Mr. Conway, .Mr. J'MwaniK, Mr. Ttionius
hier into the re»pccti«eoiMiipAOT, a decUnai
in writing, whenun such stock la each resji*'
tive company, or the anoiutjea then tns«>
able, as by their respecthcaooompcs,apuv>
belong lo'the suimrs of the Court, aad Lkevia
the Slock and annuities by tLcn respecXMi
proposed toward making 'good, or sekW^
Uieir balance of cash, or so inucli them^a
shall equal the balance of tl««ar liaid aotMf i
m case they have in their aaiufc« OMare ibsifl^
ficient for that purpose, it aha!! he dccbitia
be upon trust, to attend the ordcn of this Con;
and the said respective compaoic« are u aU
care, that proper entries be made thcresfi
their books, so that such stock or aoaaiticih
not transferred, but bv order or leave d tai
Court ; and the said )l asters, upon perfuw-siat
the order above, are to take pn^inr rr-_y/*
sij^ued hy Mr. baron Gilbert, aod tije oiue: ?«■
sons apiKiinted as aforesaid, to inspect ibt an
accumptf, or some uf ibetu ; and bv the (iCKitt
keepini^ tlie keys ut the said cbest*>, of the }C^
ticiilars of the oonds, or other secjrit.es, cuk
und notes, dei>osited or locked up in >Ui:hc!.^*i
as aforesaid, and ceriiticatessitnied bv tbe«sB<
persons, and hy a proper officer ot 'the But
that such chests are deiiosited in the Biok.v'
certificates signed by the proper officers ol' iW
re^|»ective companies, of the declaraiio:;^ bmc
as aforesaid, hy the respective Masicrs, aiila
the entries tiiei eof ; and it is further i>rdeiv<
Benuet, Mr. KIde, snd Mr. Thurston, all now i that the Goldsmiihs' notes, produced by ite
present, and likotvisc i^Ir. Kynastoii, do forth- I suiil Masters, in <;i\in«^iu their accuuipts,'t«i«
with prepare and senil to the hank of Ktit(la:id, ! them turneil into Bank notes, and ao dqH^TrJ
every one a chest witli one h^ck, and haiips t<ir ! as alonrsaid ; and tlie said several >li9it.i ^
two padlocks ; the key f»f ihe lock to he kept j Ibrthwiih to give 31r. Iiarcn Gilbert p.i»:-3C>
by the Master, and the i«iy of one of the pad- j conipts of their receiptand pavineuts. s ac«iv
locks by Mr. Smith, atid '.Mr. Malthu.s, two of former accompts, and a copy Lcret,f ;% to be sc-
the six clerks ol'this Court, or one ul'lhem, and Mvercd to Mr. kynaston, be nut being dj*
the key of the other by the i;overnor, deputy present ; and another copy lef; iit t!ie puU^
governor or cuxhicr ul tlie Bank ; and that all I ofiice of the Masters, with their cU-rk thrre. \<(
the Iwnds, exchequer antiuiticM and orders, and ' their more easy recourse thereto, in unJi: b
other securities given in upon their said ac
coinpts, as securities iKflonirin^ to the suitors of
this Court, or sn the |>roptT MTuriiics of the
•aid [blasters, towards m.ikni^ goiHl the hahince j
of their res|iortivr ensh ; and lilll-l^is^ the liank
MuUtu Mikd oasJi so given iu, and nut since paid
their exact compliance therewith.
'' Edw. Guu>i:5B&(Rui!, Dep. Re:^*
Scrj. Vcng. By this order your lonbhij*
will obSfMve, that some of the inau|)rrable din-
cullies were surmounted, aod some of the e'i'*
i]
i toaf I J (
titc<
fir High Crimei atid Misdemaanors. A. D, 1725. [1026
The Answer ^veo by the EaH to this Article
(Jeservt's a pnrtirutur notice t tie^ys, ** Thnt
upon greni couMderaiiou of Dormer's defi-
ciency, mui the daoger there mi|;ht be of fur-
ther iiiCooFenlencics with relation to the suitors^
eflecti*, of some ili^putr^s in the Court* ami
af some pr«ctice« of the Mastem, which hft
Jjioucrht ouiflit to be reformed^ bewna con*
vinr "V ^' *T i-v a work of loo ir — ' ^ -r-f -; -nee,
foT I V lo attempt : (ty
se»^.,>i^ iA ius most sacreU Ui..j ,.^, .4... uuil
l^oodocis, did presume humbly to beseech hli
majesty, na the fountain ot juslioe, to depute
fnome of his priry coaucil lo l«kiA tlie iiiattert
jDto eonsiderntion.**
My lords, seven years aod more had passed
iiiDce he was made Lord ChanceUor, three
vears since Dormer^s deticiencv, wiltiout one
rioneat thoujfht, for any thinjf tJtut ha« yet ap*
peared, or one sincere step taken by liitn, tor
the hotiour wf the Court, or the satetv of the
■,,>^-: ':'-': ^ , •,., , ;, r' ^ , , ' ," ',.;\-,nm-
iiift
I • .11 iiiiriiu'fiu III UdHlUI^ Hj ^s 111 ur iiL'M KIIUWII
from hi** former conduct, auil from ttio us(% we
shnll prove, hi* intended lo haie ntado of ihat'
inqmry ; Ulu pn^t Ijohaiiour has ah^ady ap-
peared to y«ur ho'dship6 to Utvf \u-cu it ^orieg
of t^xtortioQ find oppreision, * ■ odl
with the vilest and meanest a< |» it
secret | tlie kiu^^s paterntil guodne»i watt most
notoriously abused, by him who was inlriiflle«t
to dispense it ; and thut fountain of josttce {xvl-
luted, wUicU he now darts to tiiMCe b bis de^
fence.
1 think myself j list i6ed in charging this part
of his defence as an act of hi^^h dis^jimolatioii
betore your lordsliipii; and a presumptuous
attempt to cover his own j^uilt under his ma-
jesty *s sucred UHnu^ and the orders he was
5." I pleased to give for that enquiry. The Earl has*
, that the time litdeed, aoknowletl^d one truth in this part of
member last ; at bit Answer^ *' THtfl the ariiit deliciencics nod
daniifer to the suitors, and the practices of the
Masters (^hich he does not nuuiet but says)
out^ht to be rtdbrmed, had oonvhiceil bini, tnat
the rrformalion of them wa* a work too ^ai
for him, sln^^ly, to uttempt,^'
My lords, the many prostitntions of the dig^>
uity of the ^rent tiffice, whiuh have been proved
Ufion iiim, had iloubttess p-catly woundetl the
hotioitr and authority ot tjie Court itself; and
the £arl hail bound himself so fast to those
Masters^ whom hr ' ' ^ - .- .* ».- *f - •,^ir:d«
uf oorrnptmu, wh^^ tk
til that ' Ihrougfb, that nothiai, „...v,. .^..,.,- . . ^ U.- Lo-
inic|uity be had carried on su long ' nour of that hi^h C'ourt, or thit advaut^fi of
the \Hi1iOrK. f tnitf] hr rvnc-c l«d fViiui bfS bftlkdfl.
ift a wfetohvtl
nu i y of such of
your lordfchijiai as attended thut comiiuttoa, to
whom* i l>elieve, his lurdxhip very truly de»
cJanea, he waseniirelv^Nuhscrvient; and uf fttts«
r I fifai!ie» of bim«clf, tor the jrreat serno'* he
lUuij he built a I ecji ' t* that emjoiry 3 However, aA»p
w^' ; 'Oject, the pre- lb mn, the Answer ^oes on and d«-
cnUfi^ i puruMUirniury e^iouiry. 4^arvvj '* Uiiit b« is greatly surpria^, U fi&d
VOL. XVI, \ iiV
tnd Ibouf^h that method %vin not take
J out of ihe power of the JMaslera, yet
why the noble lord 4*ould not have proceeded
L> tar bcf(»re, is left to your lordships' deler-
Ftn illation ; we shull not c:ili any farther wit *
liesses 00 thr&e Attu'li/Si weappreheiid we have
' " ' made them out. The honourable gen-
lu who opens the next Article will pro-
>*' lord«, it f^y^ ^'^ my
i-hi|*s U»e ' I
.ent, ami, it L- ^ le
ttnce it was read at your table, tt witl be
ary for me nhorlly to re«*oHe<Tt )L
The Article ch«r{;e«, *^ That his majesty
liavtni^, in November lost, directed an enquiry
iolo the uccounis of the 5Xxsters, to Ihe intpot
that proper methods ilmuld be token for the
cnnty of the suiion^^ the earl of Maccledield,
theu Lord Chancellor and one of the
couocil, in or^ r v^ ■
I to prevent a puil
'Uion of the olfit 1 m, m
I place, advis< t;n ench
..lit M'OT'rv ''M'l > ; . ■ . - j.-.r their
r> j:.r-,-r.!,. .1 (o (^u»ro, that it
^ I : I'.ir huMuui iiii'l :.ri uceto appeitr
uliicient, and ttiat if they made a Ixdil
v^ it would prevent a parUatnentary
„ , . In the ntrxi place, tlmt the Earl per-
dea several of theui, to toakc tklse repre-
tiiations of their ciicu instances to his ma-
tty, by adflin^ n ^obscriplioo to their ac-
"lit <i»le and willing' to an-
kuds, thoug^h the Earl
tknew, nr ti^il good reason to believe the
■ry ; and that several of the Masters^ ac-
J to Ibe Earl's advice, did aiippiy others
Doney and efiect^, lo mnke a false shew,
Flppearaoee of ih*-"^ -^^mI-^ ■<*«.**
Your lord'thtps f
nentioned in the A; :
rhich time, and for some years before, the
ingdum hnd ra»i^ of the abuses and corrup-
liuoa of ibe Court of Chancery* with little
' op M of redress, but from the justice of par<>
foment : the Karl could not but foresee, that
period was then drawing near^ when the
I of lhcoppre!«sed| and the universal dis-
" etion rained asfaamt Ins administration,
M'lief
d bis ma*
* '^qniry
^ wus
VOtttd ^ofiie ysa
This *'ry im
"ntioncd in r
thL
ntroul.
I charsiff^l ill this Article contain in 1
ifi vjir.t deceit and treachery;
1 by the wicked pur-
■ rr coninvcd ; First,
<
I
I
1027]
10 GEORGE L
Trial of the Earl of Maocksfieldj
[1088
himself cbarged with obstructbg the takings
those accouuts, M-hich he had thus desired
iDi^^ht be taken, and ImuI promoted with all his
power."
This is a poor e? asion and affectation of in-
nocence; and the more surprising to come
from his lordship, whose mtscondiict had so
notociously Iieen the occasion of that enquiry.
And the Charge is not, as he insinuates, for ob-
structing the uking the accounts, but for pro-
curiug ulse accounts and representations to be
laid liefore the council, by which means that
enquiry might ha?e been frustrated.
But be proceeds in his Answer to a declara-
tion, the most astonishing of all otliers, <' Thai
lie neter thought of [iref euting a parliamentary
enquiry, any otherwise, tlian by making it un-
nec^sary, and procuring to the suitors a full
redress of aH meir grievances, and rectifying
mrhaterer be ibund amiss ; and that he looked
upon to be his duty, and bega leare to say it
here, once for all, in answer to all the insinua-
tions of that kind contained in any of the Ar-
By tlie last words, the Earl, in a very snm-
aiary manner, pronounces bis. own acquittal ;
bni yoer lordships will obaerre, thai the Arlide
cbaiges him, in plain words, with actual ad-
vising the Masters to misrepresent their ac-
counts, in order to prevent a parliamentary ea-
^ir^^, and that, if they made a boM stand now,
it might prevent one : His lordship aoswen^
that he never thought of preveBtiDg it, other-
vise than by procuring fnli redress, &;e«
By this he confesses, he did think of prevestr
ing the inquiry of paiiiameat.
He has not dared to deny the faeta charged,
from which this design was manifest, beoauae
lie knew they would be fully proved : But the
subterfuge he flies to, viz. that he did intend to
prevent it, by rendering it tumecessary, is im-
posHible to be believed, thotigb the Commona
should offer no proofs at aU to this part of the
Article; unless nis lordship imagines that he is
able to carry on the iio|hTBition so far, as that
the concealing from his majesty the true con-
dition of the suitors, bv the methods he waa
then practising with tne Masters, should be
taken by your lordships to be the means of
procuring them full reuress ; and it is self-evi-
dent, that if his contrivance had taken place,
the immediate and full relief of the suitors,
which was his majesty's gracious purpose, had
thereby been wholly defeated : The Commons,
therefore, may insist u|)on it, that this flagrant
circumstance is established by his own con-
finsiou, especially since your lordships find,
that in the following parts of his Answer, the
Earl declares, *' That ^Ir. Holford having sub-
scribed his accounts, witli a declaration of his
abilities, and readiness to answer the suitors;
and some of the Masters having used expres-
aions, as he thought, not so proper, others
ef them having made no conclusions at all ; he
did advise them all to write the same words
under tlieic accounts as Mr. Holford had done,
sodLdid tell theni^ in great linceritjr and Ixiend*
ship, that, ata time w hen so many men's mouths
were open agaiu9t them as insolvent, it would
be for their honour and interest to make it ap-
pear that tbey were able."
Thus far the Answer is a full confesaion,|hat
he advised all the Masters to add Mr. Holfonl's
conclusion to their accounts.
His lordship says, he was induced to do this
from their assuring him they were able ; this
assertion will appear to be noturiously false:
however, if it had been true, his lordship, it
seems, took their bare words forit, at the same
time that he declared lo them, that as many
men's mouths were open against them as in-
solvent : But here, unhApp^ man, be flies sgain
for sanctuary to the integrity of hia own bttrt,
and assures your kirdsbips, " That be nevsr
thought of a contrivance to have them deosil*
fuUy appear to be really what they were not;"
though this declaration of the innocence of hii
mind stalls also in direct contradiction ts tbi
fact be had just before confessed ; and in tbs
vesy next lines he again confesses, that ssmi
of the Masters, pursuant to his own directissB,
did withdraw to add the same words to twir
accounts, aa Mr. Holford had done to bis;
which he carried to the council without kiokisf
into them-; and, when they were read tbsn^
the Masters, it seems, were honester men this
the Earl expected, or would have had them Is
be ; for, notwithstanding his advice, all of thca
did net make these aimscriptioBS to their se-
coants.
To the other oharee in the Article, of bis adr
vising them to stand hj[ one another end appssr
able, nis lordship has given a particular answ,
<« That an order being made npoii|the MaslBi^
to produce their securities and caah, and An
Masters complaining of the abort time to pro-
duce such great aums, he confesses he did mj%
that he required them to bestir themselvei(
and might say, that some of their brethres
might perliaps be able to let them have mooej,
till they could raise it another way."
The excuse he offers for this advice is a vtry
unjustifiable one ; it is, that the Blasters d^
dared to him, that they had not the suitors' ef-
fects ready, which, by the duty of their officsii
his lordship knew they ought to have had, brt
had effects sufficient to raise the whole, if tbey
could have had more time. By his own se*
count of this matter it is plain, tliat the Mastcrt
did at that time disclose to him one of the prac-
tices, which it was his duty to have reforined '
and yet your lordships see what considenti**
he bad of it ; even at this juncture he sdviitd
them to supoly oue anotlier, which they •*'
cordingly did, and the deceit prevailed, till \^
order for carrying the securities and cash to tbt
Bank made tne discovery.
Perhaps, my lorils, I have dwelt too long e*
the Earl's Answer ; but, 1 ttiink, it will sppc*^
to your lonlships to betray such a confiMOS «
mind, as notliing but the heaviest pressures e>
guilt could have produced, and is a strsag'
couvictiop of him thsn a thousand witncssff*
I will, in the next plane, give some sbHl ^
.^ Hrgh Crimei and Mhdernmnors^
A. D, 17^5.
[1050
I
^itltot 1# oof tt'Hfrnc?*? to iliii Article. The
Mvtirni tlH'ifitclri'^ will pn»7e iHe Earr« di-
lieoliaiMi, etiljer ^ivc<> by lii* own moiHli. or by
lllt» •ecwrtmry*!, wlicn dipy were r^|«Mf«»d to
make tifi their a<?r<iviili ti> be kUl heior^r the
lua^ itt orancitt Umt llie]^ vliouifl fttziml b3r one
aottther, aoiI give Ihebett ac^oimt they conhl,
la |itwfi«t a parhjtnientary eiMftiiry, inH that
llirf need owly to |)rof)iice or iheir Batik or
Goitlaniithf* mim ; and that it was a critical
> jttor-'^^ --'» r»'- 't -inm^ should atiiiist the
IW« ijst make a uland, ind
• <l*l< ^, ..il.^u" enemies.
^ ' f Uier profe his lordahip's crpress
liie MA$t«f«, (•add the same ce>n-
I oliifiou ta their accounts, as Mr. HollVird Imd
I done to hij, which was, that they were able
I ready to an»iier their balnnoes: thou{rh
I Umi Esri did not in much as atk any of theui
r they could mj«ke it go<jd, and some of
ifeeUred the contrary ; nnd at that time
also tie toKl Um lo, that it would he for ihetr ho-
nonr uiid sei vire, and that it woiiM look well
Mitlie council to Appear able and willinj^.
We shall uUo prove, that thii false adftceof
the Earl wnn Inllowcdhy several of the Masters^
in both re<^jirts ; %\n\ that afterwards, %vheu
the Kniturs' f rr < t< ^**t-> <- ho ->-—-( ..4-tijg
Biuk, ai!«ven»l -d
iMe, now nr<>^ . . . - l^, ..,...,, iiid
B«nk an^ ni^pi^ nt»d other efl^ects,
•• • er* t 1 «lnch B€*reral of them
bad been ac^onnnoditteilf and which they had
pftKhic4^d to the pertofii ap^iointed to examine
tbe accoimta j and whirh. ai aifpeam by the
n^rta on your lordstiip^* tnhle, they had
Dm to be their own, and not lent thera for
I purpose Af accounting, now vanished, and
[ % Mloivficy appeared of fourseore thoiisond
^naiiilid Mpwftrrfii, whi43h Ktili continues.
Tbta ertilence wiH folly maintain our Ar-
tWe, and» if any proof it neoeaaary, will guf-
fieaeotfy dear up the Rarr» tnleotionf.
My lords, the part which ^till re mainis to me
llfQch, a« \ uYtn myself utterly unable to per-
ftna; t mitan» to aggravate tbia offence in
ttiAi HMoner as it defcrT««; the nmaainif
tbii Ankl« haa op€oe<l, moat not be
JOdgadl of ftofty, and byitMlf^ nor can it be
nifitod ffnt init 8ft the olfiiprtn)^ of a mimt
auffhly debased, and flowini^ from the most
■oenrmUU oorruinion ; and tJioiiy;h they hate
^•^nft! from thot source, as from an'iine!«*
bBiliKUltlr t V ,
iroprovcii
fcr »iecui
••nrinjf I
oan^t be denied, hut as
us Ifrew fttrooirt'f upon
It
-^ 1^.-
\VA«» a reiii 'V
i the Oret'i , ^ ru-
• h MT d ri-ad ai I d al» u ' m' renoe
W» BOir .-, lliut iifi iiiari bred unto
VxpcbaiHiftj^^i' «)h'»uld tic Af^ ,!(> any 'dlice
«f>i4iMiira, till he hu i.at rtnploy-
1 tho reaaon
§ni at Icuat tef) ^
Viii baeaoaa the Hugcrs
lii fliyott uaed to timfiiG«
iU tiad bKen
The Karl's admtnititralion* In the highest
seat of justice in thiii kin^om, has appeared I
to your lortkhipft in bans been one ct>n tinned
piratical trndt*; durinfi the course of which « ^
from time Co time, as op port on it im hnve af«
fered, he haa preyed alike npt>n ftlaatent tit»d
sottors ; his craf ui^ appetite was in n«t aott
checked by the approach of death itaHf ; noil
the h and of a dy i ' ' ' ' lor » as he expressed
hittt«elf to one • inters, was opeoeil to
receife that unjuai ^^m no had so plentiftilt3r
fed upon in full health : to which, and his other
misbehaviours, your Jordahips now see, that
not only the rntn of many, e?eii of the Master's^
but the diiihoriour, distress, and oonftiHlou Hill
remaining* in that part of the public justlcd
must he imputed ; and how g-roundless and an*
accountable soever tlie repeated assertions iii
the Earrs Answer, that the Ma6t«rs freely and
voluntarily [larted with their money to bimi
now appear to be ; yet, from the unwilliri^ness
and other conscious circumstances, with whicU
he has since, at several time«, refunded som«
part of his eitorsire g'atns, though the guilt
IS not lesaetied, his lordibip ia tiiereby self-coa<«.
demned.
The fund out of which he has raised his un<*
warrantable profits, oii^ht to hare been Uebl by
him as aacred ai id inviolable, heint^depoi^itcd iti
the tanctuary of his own Court : hb exlorlmn*
therefore must be judged of, not as private vio^
latidns of property, but a« a pillage taken from
the treasure of the public ; the hvelihood of tho
widow and fatherless under the protecUouof the?
law in a court of jti«iti(*c ; f real part of if,
perhaps, dcdicate<l to charitiea .' and how far
your lordships may, in thift respect, conidder it
as a sacrikg^toUH plunder, h WW to your judg*
meut : however, the injuries done to distreaaad
^hip- wrecked sufTerers, hnvc been always
esteemed the highest barl»j«nfy.
But the methods the Hsirl lias* uumI, from tima
to time, to «:ircuM€ anri <x»ver his crimes, thought
they were the notunil refugaof an obiitnate^
unreli'oting mind^ y^t are mora beinoiia than
the criniet them*dire«» Your krdsliips can't
forget the oath of ht* otHce, which lie h;** wl
foritk At lart^e in his Answer ; he wma t^worn t<a
do right to ult matiner ol ptHip)f<, pcmr and riclip i
Rcenrdinif to the lawx mid iisiiireti of the •^****hn* I
and nut to do or suffer the hurt of the kiiit;» iCJ
he couhl hinder it; if not, clearly and e*prtiia^|
ly to inike it known to him, wah hi* true ad-J
rice und counsel. It ia artrpriJiintf to find hiif
lordship to hav^f so iiiterly Aliandoned uJl rt*-
Uurd to Ihia j^olemo obit jjut inn, as the whol^
course of hia bchairioiir fully demonStnO^a
Yi»ii havealao heard the oath'hc caused to l»<
ndinimstered ta the Master*, immediately aft
he htid ahiired with them the e stales iH \k
suitors } by which oath they were likfwu
snorn neither to do hurt to the kinir, o""* to (
any fmod to the hurt of any of the fieu^Ai
and it ha% n|fi>ettrr«l in what manner lUey \\\ik
hi I * ' ■ ' ' tl
1
1031]
10 GEORGE I.
Trial of the Earl ofMacelesfiM,
[1038
wliich he had procured ; sometimes they were
threatenefl, at other times cajoled and sauced,
but always deceived ; and this artifice, dis-
dosed by this Article, was his last shift. Whea
he saw the storm bes^an to arise, he deliberate-
ly contrived to turn the fatherly gooilness
of his bountiful master to the destruction of
liis people, and/ by this most unparalleled at-
tempt, to have rendered the throne itself the
ahelter of his iniquities, and accessary to his
oppressions ; but it will now appear, that this
was conducted to another point, to screen him-
self Kom thejustice of parliament.
My lords, there have been crimes so unex-
ampled, and of so horrid a nature, that the
maieliictors have been tried at midnight, and
immediately drowned, and the journal books
burnt, in compassion to mankind, that the me-
mory of the proceedini^ beings destroyed, the
crime itsdf mig^ht not be propa^i^ted.
The offences of the impeached lord are
ripened to a fullness surpassing all belief, too
big indeed for the ordinary hand of justice ;
but the Commons of Great Britain, whose en-
quiry he vainly flattered himself he could pre-
vent (though the terrors of it had \un^ lain upon
his breast,) have by this time, I presume, con-
vinced his lordship ; awl his example will, I
liope, convince the world, tliat no offender,
liow great or subtle soever, can escape their
justice, of which this public proceeding will be
an eternal monument, as well as of the shame
of the unfortunate earl.
The lord Bacon,* one of his predecessors,
made a frank submission to your lordships' an-
cestors upon the accusation of the Commons,
and taking comfort to himself from his afflic-
tions, uses these words, * That hereafter the
greatness of a judge or magistrate shall be no
aauctuary or protection to him against guilt ;
and that, afler his example, it was like that
judges would fly from any thing iu the like-
ness of corruption, though at a great distance ;
which tends to purging the courts of justice,
and reducing them to their true honour and
splendour.' He did, indeed, urge it as no
small excuse for himself, that bribery and cor-
ruption, the vices of which he stood ini|)eached,
v^erethe vices of the times ; but the Commons
rejoice to find, that the Earl now before your
lordships in judgment, has no ground to claim
the s line excuse.
The admonitions left by that penitent, great
man, and (he just punishment he underwent,
bave, 1 believe, conduced to prevent the like
evil for near an hundred years, though they
bad not an immediate effect : for an eminent
bistorian of those times has recorded, that some
time afler his sentence in parliament, meeting
the eari of Middlesex, then lord treasurer
(whom he had ground to suspect to have been
ii^ramcutal in nis disgrace,) in discourse with
h'ntis he recommended it as a rule to be observed
by the earl, and all srreat offlcers. to
" Remember a Parliament will come."
* — - • — ■... — ■.
* See his Cawy vol, 2» p. 1087.
And the same aathor farther observes, that
though the lord Bacon had not the spirit of di-
vination, and though the treasurer despised and
laughed at his advice, yet, within two yean
after, the treasurer also was condemned in par-
liament for bribery, extortions, opprenkwa, and
other grievous misdemeanours.
I will conclude with one observation more :
it may, my lords, be too justly apprehended,
that the most dangerous symptoms of a de-
clining commonwealth do then appear, when
men in the highest stations in government,
especially those which concern the administra-
tion of justice, shall be so far lost to all sense of
virtue, as to be guilty of such odious crimes u
those now charged upon the Earl ; yet «•
promise ourselves, that your lordshi[»| justice,
in the punishment of those crimes, will aflsri
us a ho}K'ful prospect of a reviving state ; aod
that whenever tlie crimes and misdemeanoois
of this unfortunate carl shall hereafter be meh
tioned, it will be remembered at the same tiuM^
for the honour of your lordships, and tlie benefit
of the whole nation, that he received a coa-
demnation suitable to his guilt.
Mr. SnelL My lords, 1 would gladly haie
been e\cusp<l this service, because J have beeo
extremely indisposed, ever since I received ll»
commands of the House of Commons, and be-
cause I am otherwise truly sensible of my ins-
bility to execute those commands in the maoiMr
they ought to be executed. But these reasooi
l>eiug thought insufficient by others to prefd
for my abwnce, it is no longer a mutter if
choice, and I must comply with the duty hb«
posed upon ine. Your lordships, therefixCi
will be pleased to consider, (as the truth ii)i
that what I have to say is only the piotloctoif
a few hours, and that it is impossii'le for me,
in so short a time to offer any ohservaiions, aoy
arguments, but such as will ap|rt>ar cnido tw
indigested on this great and ini|M*riant sr.l>;*<t .
The Earl then, at the bar stands nn 'er so
Impeachment of all the Commons of Grnk
Britain, of High Crimes and Misdjnteanorsis
his late office of Lord High CliancelliM ao4
though the Charge against him la tne Artitsie
now under your lordships* consideration t>eof ■
different nature, yet iu every circumstance it ii
as highly criminal as any of those that hive
gone before it. The accusation hitherto btf
generally run upon corruption in \\\? »ale of
uriices, extortion, and a series ot' foul practirfi
to cover and conceal the deficiency in Dorner'f
office, wiiich had drawn upon him an uniienial
cry for redress. All the little arts that W
been playef) over and over again upon the
Masters, either by applying to their hopes, or
fears, as opportunity offered, had proved ia-
effi. ctual ; and some other expedient must bi
fiuiud out, some new stratagem invented, to
quiet the clamours of the injured suitors. TbeN
clamours had justly arisen from a suppositist
of the Masters' insolvency, and no method ceaM
be so likely to serve his turn to appease tbctfi
as one that would make the Masters Htm M
fmr High Crimes and Misdemeanorx.
A. D, 1725.
[1034 '
(^ itisriUrnt. lie llietefore veiiliin^il lo ftitvi^ie
iriii tM a^*i*t one ttnoihfr, to re|»resef»t Uieir
ff >* in a folse lijf ht, b? subacribinfT
Iri' >»» AS Mr. tloH'ord (mddone; flti^
lus Uv fitoposHl lo ilectFivd lt»e Kuriurs, anil to
i&kc ttir Ala^tPTM opficar to iUe worlil able to
ns\«er (be tiionies and etr< cts in thi.Mr hands :
lit ibU Ia4l «*tfort was aa tinsuccessrul as bis
irinef. Fi»r U tlie MnHtem were abJe ami suf-
cieut^ what reiuon could he have fur hi« ajt- i
■plirtmoft^ of n parliumcntary enquiry? If
■y wier^ oot idifpf he had indeed reason for
■lb •f>p(^'li^>i*t(<^tis, Hhitb i ^ utir Jord-
P^^oroom todoidit, buU)> ici? ivu^
*••♦• with a view only to kct j* ...t «imir out
N^itiietit; and tfic constant anxiety
lied under lo secure that main point,
i-e ihon dccyiiher the iectkt of ibe
'<\t »nin taction,
^my lords, this exlranrdinary step could
ed iVoiii any doubt tlie Eaii eouht hnvCt
r the parliainpot waa able and uiltin$^ to
L th€ae tjrrievanccs and iDconveniences, or
Plher il h oobl ciiutribute its assistance to the
el' of the suitors: No. my lords, he knew
Well that tbi nt was Ibe proper
! lor rrdre*sjii: t the courts ut^iig-
Hv was seoMijjr mo, that il bad alwayg
) with Accu«atioott ;ind Impcuclimcut^,
I thai ill actiouH had^ in no Q^e» met with
avtiiir tht rc\ He coidd have no bope» tbnt
^ aiubi^iiity of cxpre«!iiou, his dexterity in
lniii|^ upon u-ords^ in w rt'istiuif tbeir proper
Kc and meauiniC, couhl stand hiiii in any
Head ; or that all his suliiiUy ct>uH be a match
fior the wiadom of the le(ri*ilature : but, perbnps^
m might im^gine^ that a committee of council
■Dfbl be wroui^'hi upon, and misled by up-
ptafanccs, at lea^t ro fitr as to pifUracl the evil
lUy ; and w bo could tell w bat time or accident
tn- ' .' about? Another Act of Grace
'H iiijd expunge the whole score.
i M Mii«i have I 1 it*?d vour lord«bips
ai>d the llouKe > its, and ev<*n the
%r*-.- '\ r .^1 tiim^t ,,^ ,, luv jijst apprfheuiiiionR
P' I ot a pjuliriinenlary I'urpiiry bad
J- * n roHiii IV Ml. .-jiirj «r» Iht SUller-
a repcnt-ince
i*'?^ titid a re-
mnnceuce and upri^blnesK :
I ^ find It had a vifry diO'ereiil
ct, a oiily pioduced a vile contrivance to
hiuiHtlf ag^ainst pnniibmcnt for what
i^ifl. and lo make it more diilicult here-
riiiiit-tjHtt turn m the vatue practicff;* Tbiti
n\ my lorda, which is mi far from
ur mercv. Uint it calli* aloud tor
^mu
juacUrd rarPi iietion» may he
bi aity proof td liia iiiUmtiQii#» ttie
fact statrd in this Article ^oei Airtber, anti
im[dies a hold and desperate alteatpt to mislead
bis majesly, and to ohsiruct bis gracious endea-
tour» to hnd out propi r metbods for secariiij^
Iht* money and efl'ects of the suitors, which in
Ml instance oii one baud of his baseness and in-
gratitude lo his fiovcrcigrn, lo whom he owed
every tbinu^ ; oti the other, of his injustice and
barbarity to those of his fellow .subject's, whom
be had injured, whom he hod oppressed^ during*
the whole courseof his tyrannic adminititraiion^
What, my lords, must hare been the conse^
4pieiice, if this contrivance bad passed ? And
it would have passed upon a prince of less dis-
cernment than his majesty. Whenever it hacf
been discovered, all the obloquy would have
been thrown upon his sacred person, as if he ,
had been en^ra^cd in a confederacy to skreim
that ^uitt wiiich he was labouring^ to detect, i
But the Earl's avaricious temper had set
t« rong a bias upon his actions, that llie m<*an9 |
by which he proposed lo shelter himself, and
to conceal hii^ depredations, have brought upon
him (wliat be so long dreaded) this just and'l
necessary prosecutioD.
As to the Ejrr& Answer to ihia Article, I i
hope 1 may be excused the liberty of saying, |
that it is either vain, evabive^ or false. I
He hej^ios with enumerating' the many in* '
eon%emenees and abuses, which he iboue^h^j
necessary tt» be reformed in the Court of Chan-
cery, ami with u<isur}n^ your lordships of his
f^ofiil iutcnttOQs to contribute to tike relbrmatioq I
uf tliem ; hut yoiir lordshipa will heat judge of ]
this jireteudt^l %eal, and of the sincerity and <
candour with which it is uri^ed, by considerini;
J be constant tenor of his actions, by eiaminin^ \
whether he can produce any instance of hii '
bavin;; endeavoured to corrvct these abuses, or
to remove these incoovenieiices. Now, i don'l
Hud, il ' l«f» whole Answer, nor have | ,
bdiril !, that he ever attempted any
tbini^ ui i[i:ii Kind. On the contrary, it is |o<| j
apparent^ that many of ibem look their i
nhile be presided m Chancery.
In the next place, my lords, hearro|yatei to\
himself the merit oi that enquiry, v^hicb his
majesty had directeu to be made by a coiumiitee
of bis privy council ; and insists, that tt was
the effect of bis a{)phcution.
How true this aMerlion is, some of your t
tord-ihipK may know. But the part be acteil iit I
thai enquiry mi|^bt have obli^iHt bim to silence,
or at \fjisl hii%e restrained him from boastings ojf J
bis conduct. Tlie Coiiiuioum ebarj^e biui di*
rccily Willi obdtruetin;; the methods then pro*
posed for seeuriuk^ the property of the suitors^ i
' il ii not a suHieient annwer to say, that thii
ry was beiruii al bih instance, and thai hi
l„r.,},ed the Mantcra to brinjf In their ucriniipt^i
for all this may be true, ami yet he might |^iv# j
thctn 'I'*" Mtlvire I have already mentionrdf I
artd < 1 of to yourh^rtUhip^. Surely^l
my b'l |iJH(irc i|y*' lo t>i>i miy<'»<ty, to oW(
serve, uponthi- irtof the Bart*|
Answer, (hatwli i«* had in sctlia^
this etiquiry on ioot^ alt the |^ood fruits to b^l
10S5J
10 GEORGE I.
Trial (fthe Earl ofMaccU^etd^
[lOSG
bojied for from it are the result only of bii
tuBJetty '« iiatcmal care of his people.
lie further saya, that be never thought of
preYeotiog a paHliaiiieDtary enquiry, any other
way^ than by makiug it unnecessary, and
by procuring the suitors a full redress of all their
grierances, ^sc,
This is another mstanee of bis distngennity :
for the grieFanoes complained of, could no
where be redressed but in parliament; and
therefore nothing mors can be understood by
the words [any other ways than by making it
unnecessary] than by making it seem unneces-
sanr ; which is a poor and mean prerarication.
Nor is there any credit to be given to what
he urges in excuse of his fraudulent proposal
to the Masters, vis. That while the acoompts
were taking, all the Masters, at least all that he
saw, except Mr. Kynaston, had declared that
they had efTecta sufficient to answer their whole
acoompts, &c.
For we shall prove to your lordships by Mr.
Thomas Bennet, and Mr. Kynaston, that it is
fidse, unless youMI suppose them perjured : fur
they are very positive, tnat the Earl never asked
them whether they had efiects to answer, or
not, or were able to pay in their cash- balance:
nay, they are sure they did not tell him so,
because m fact it would have been false if they
bad.
Besides, your lordsliips will have the concur-
rent testimony of almost all the Masteri to
prove, tfaat (while they were making up their
acoompts to lay before the committee or coun-
cil) they were directed by Cottinp^am and
Dixon to assist one anotlier in making a shew
of their abilities ; and that some of them, viz.
Mr. John Bennet, Mr. Godfrey, and Mr. Con-
way, complied with this direction, which we
must ascribe to the Earl himself, as being giveu
by his two chief agents and ministers.
Who is it, my lords, that has been guilty of
the crimes laid in this Impeachment r It is a
peer of parliament ! a Lord High Chancellor
of Great Britain ! and how precarious must be
the property, how deplorable the condition of
the subjects of this kingdom, if such crimes
should nut be punished in so exemplary a man-
ner, as to carry down terror to all sncce
chancellors ?
My lords, if I have expressed myself with
too much acrimony on this occasion ; if what I
have said has any way olfendeil the impeached
Earl, 1 hope he will do me the justice to be-
lieve, that I meant it only in detestation of his
crimes, and not in disrespect to his person. For
I assure him I should have been heartily sorry
i'oT the miKfurtune he has brought upon himself,
if it had proceeded from ignorance or neglect,
and not fmm an insatiable appetite after illegal
gains, which he is pleased to mis-call voluntary
presents, and for which I must ever entertain
the utmost abhorrence. I will therefore eon-
elude with a word of advice out of the Scripture
for his future conduct, << That he shall receiTe
no gift ; for a gift blindetli the wise, and p«r*
vtrteth the wocdpof th« righteom."
succeeding
Serj. Pengelljf. My lords, we beg leave tbii
Mr. Thomas Bennet may beezmmined, and that
■ people could do : I had beg^o to BMkc^
iccompts ; I conki luivf done it in a ihil
, bavinff been in but a little while : sikHk
he may ffive jronr lor4phip8 an aceoiMt of whst
passed atlerthb enquiry directed by hismajcsly
begun ? What order and direction the Mastsn
received ftt>ni his lordship in the czecutioa tf
that enquiry ?
TAo. BenmeU My tords, I tUnk, oo the Mif
November last, we received an order from ■?
Lord Chancellor, to make up our acoompts. K
was a very particular order, expresaad sbi»
dahce of Items, and columns, in what buhht
those aocompts were to be made up. The ll»
ters had a meeting on this occasion ; and agnit
maujr, if not all of them, agreed, that the mudw
up of the aocompts in that manner aa my Im
ChancelkMr had directed, was impracticable iiw
short a time ; for we were directed to do it ftrt^
with. It Was represented by some of the ll»
ters to Mr. Cottingham, aud I beKevo t^ }m
to my Lord Chancellor, that it was iaiipssiili
to do it in so short a time, and it would ttifcs^
a month or two, or more. 1 did not know otal
other
my aocompts
time, havinflf been in but a little while
indted, that had been in twelve years, and Mi
have given an accompt of the whole prooH^
ings of that time, could not do it. I wis i»
formed by my brother, that he could nst hsM
done it iu a year : but soou afterwards I M
told, that tlie order was dispensed with bj if
Lord Chancellor; and all we were ts %
was to make up an aceompt of the biliBtf
of tlie money and securities thiat were ia m
respective offices distinctly, the money wi
securities in two distinct columns, only Ai
sum total at the bottom. This order the U»
ters all complied with, as appears by their »
coinpts : and between that and the 9lb daj^
November following, we had several nMSHp
froi/i my Lord Chancellor by Mr. Cottinglii
to dispatch these accompts ; for they sot
much wanted, being to be laid l»efore the osh
mittee of council. On the 10th of Noreakff
we had express orders to appear at my U^
Chancellor's house with our accompts re^^
All the Masters, except Mr. Conway, «*
there.
Serj. Feng, 1 desire he may be asked, if ihi*
was any other meeting before that of tbs 10^
of November P
Tho, Bennet, I think there were some ■!#
ings at Mr. Edwards's house by Mr. CoUiif'
ham's direction before, and after that at i^
lord's bouse. At those meetings, at ooi '
them, I particularly remember, (whkb wuA^
most material of all) Mr. Cottingham brasftt
Mr. Dixon with him, and introduced him, Mr
iug, we need not be afraid of Mr. Dixoo,^*
bmuglit him there by my brd's directinn, k^
cause he himself waa deaf, and oooM not iip
hear what was said. Upon that be bogaa hii ^
message, and said. Our aooonnta were lb* b
laid before the council just at that tinis:.^^
~" he. Suppose my Loid ChaDocHor m^
Mil ihonld €XgM that tha boyi ^
i fnr
Jhr High Crimei anA Mitdimmnors*
A, D. 17f5-
[1038
lOiiM b^ fii«^#c<e(lt «»oqUI vou be
f^r unties t Ti>e Ma«-
in j^eacnil^ tluit
A. La jiro-
f, or the 1 n Irom
itber ttu _ 'Vi^t of
^, Cf VouA^t only »o
llani * ami nhew it. We
tr fve ^houtil {j rod lice rt io p}ld-
f, or Hank notes ? 8«iy« he^ 1 be^
lilht not^ will servp : ytm are lo
Mniuse M' voor caiih ; but I tKink
i will do tctlcn U[KHi that. Mr.
ax(1» 1 (loa'l knoi¥ wbat tire coaae-
jpmay \m, Suppose wbeo we bnve
fee note« they fihould be (leiaincd
m afraid ni(^t of the i;otdsmitb*s
Ti^mple-lj^r would be shut up the
id emjuiry wouhl be tnade^ wbal
Mra«f ftnd thousanilif of famrhcs
ioeil by tbu tiajiKaclioo* Mr. Cot -
J, You amy stand by aDdB<«ist
Mr. Rynaston auid/l find, we
irifke<l, Mid g^ivcn up ; ibr my
kbf'r borrow tior lf»tid ? any one
lis ; ' ■ : ' ' ■ ' i)ds is a
li I great
Com nullum niiu >jr. Oixon
^ my Lord Chancollor, and staid
^and balf| and then returned to
^ tkv ford was very busy, a ad dia-
|if no we went home.
1^ Whfo wa« tb« next m«etiim^ P
net. I diMiH remember ; w# bad
linci. I doikH remember when the
#. Wbal poaitd on the imh of No-
BirpfCMnoft of tny lord i^Uccled*
ti0a»tF
Mil* When w« cftme to my I^rd
a botiae, u|»oii Ibe lOib of Novem-
r Matten then pfffient carried up
two or three had not tlieir ac*
riiy brother and Mr. Conway
' wntQ r^ftdy carried
rdioft^to seniority,
i. The fimt was
to bit ttcrompt, a
worda* or that it
r a fub«?rt|iijon,
-fiadt and that he
iiked it Tery wt-tl ;
[* upon ttio tuble.
Qoc^mfpt, and no
'\ them all ov«r;
* I rem em-
my a«eoi0fii.
KucnHHi, -^ 1 am realty iukI
and other ieottfiUci in
my handii, may be iii«per1td by «iiob pvraoi| <
PI sour Inrdxhip ahall ap|K>iot.'* My iotd, afirr
|ouktn|f them all orrr, auid be liked Mr, UoU
fordV V ' inrmMjd, BjiyB be^ 1 wiab yoii
wotihJ ii!»e of thai ; for it would be for
your hviiirui auxi ^ervice^ to uiake yunraelve^
appear able and suOicicut to nnnwcr the tOtrit
^k^'A tiiy lord|
ronussiua ,
>v..l.
I*' ' r. •
, ft Ays he^ 4
1 apprehend, wilf prevent a parUameutary eu-'l
quiry.
Her). Feng. We desire thai Mr. Hciuiet ma^ .
repeat tho expreusion my !ord made ti>ie of to ^
persuade them to subscribe, as Mr. Ilolford bail |
done ?
Tho. B^nnrf. <*Thnt they might appear Me ]
aud suffidcni.** ! think those were the words*
8erj, Pens. My lor«ls, I de^^ire lie may l>a 1
asked, whether my lord bad at that ttmeinadtt J
an enquiry of tl»e Miisttri, whether Ibey wei» ,
able and sufficient?
Hio, Bennti. I can only answer for myself*
My lord did not ask me, whether I was able ]
and sufficient ; but only directed me to write
that flohicrjplion that Mr, HoUbrd had done; ,
and I did jjo down and write, in t fleet, that
subscription. 1 did subscribe thus : *' My lord,
I baTe all the securities standing in my name^
as in the within* mentioned accorapt are speci-
fied ; as also the tallies^ orders and bonds iii
my custody ; and as lo the money, 1 am ready
to gi\e your lordship satisfaction, that 1 am ^
able to answer it lo eyery person that is enti-
tled thereto**' The wonfe, ** to a deutonstra* ]
tion/' which are in Mr. Holford's «uh«criptioDi '
I omitted, because I could not make it out to^
the lords of the council.
^»erj. Peng, My lords, we beg leave to pro*
iJiice these accompis, »ud Uiew to yom' lord*]
ship that subscription of Mr. Hotlbrd, thalifati
to lie foliuuHl tiy the other Mftslen, and lUmi
first 61 'of Mr. Betinet.
BIr. Pray, tell my lords* tf you caaj
reme m ber , vv«k «* there an y utber c^rewio o i
use of Ht that time?
Thth BmneL Tlie expression was, it would
be f»r our honour and service to afipear ablaj
rir. ' - '""'■ifnt,
''>>w. No other vrords ?
ifn>. lyrnntt. And it wotild be a means to
p>revent a paHiamentury eiK|itiry.
Mr. Omhw. Was there nothing mentioned
rebtmi^ to a stand?
Tho. Bfnnei. I don*t remember that then ;
Mr. Cottingham said somethiug of that at a
meeting aintr, Edwardi^V
[Tlie subscription shewed to Mr. Bennett
and proved by bim to be Mr. Holtbnrs hand ]
Serj. Peng. My lords, we beer leave that ibis
f nbseription may fie f«ad, wbiob was tx> Ui foL-
lowed iy all the Masters.
*' 1 b*ve all th«ae aeeurtUes standing in my
tm9»^ is ill tbta aflcompl m specifiiMl, and «i«^iU
1039] 10 GEORGE I. Trial of the Earl ofMacdctficl^,
procnre certificates from the proper offices i curities and caRb, anil the balance in ea
ibat I have, and had them before the account, Itr's bands. Siian nftrr the rest cair
if your lordship requires it. And as to the ino
ney, i am ready to {rive your lonlsbips safiH-
fuctioD, to a demonstration, that I have it in my
poiver to answer it to every person, that shall
appear to be entitled to it, and who can give
me a legal dischai^."
Serj. Pcfng. We beg leave to read Mr. Tho.
Bennet's first subsGription, that my lord was
not satisfied with.
\Chrk reads :]
<' 51^ lord, I am ready and willing the secu-
rities, in the foregoing accompt mentioned,
shall be inspected by such person or persons as
your lordship shall be pleased to appoint.
" Two. Demnet, V^th Nao. 1724."
Ser). Peng. Your lordships observe, there is
nothing iu this subscription as to the cash, and
the producing it. Now we beg leave to see the
subsequent subscription.
\Ckrk reads :]
" Nov. 10, im. My lord, I have all the
securities standing in my name, as in the
within- mentioned accompt are specified; as
also the tallies, orders and bonds in my custody.
And as to the money, 1 am ready to give your
lordship satisfaction, that I am able to answer
it to every person that is entitled thereto.
" Tuo. Beiinet."
Seij. Ttng, Your lordships observe, he hatb
lett out the words, ** to a demonstration,'' be-
cause be thought that he could not so clearly
make it out. I beg leave to mention, that these
accompts and subscriptions, thus altered, were
actually delivered in, and laid before the coun-
cil, and are the original accompts.
Serj. Probyn, My lords, I would gisk 11 r.
Bcnnet, when this proposal was ofiered to him,
that he should subscribe as Mr. Holford had
done, whether he made any excuse, or pretend-
ed he was not able to do it ?
T/io. Benncl. No ; I did not ; I did as the
rest of the Masters did.
Com. Serj, I desire he may inform your lord-
ships when this was ?
T/u). Bcnnet, 1 think it was the 11th or 12th
of November ; 1 canH be posiiive as to the day.
Mr. K^naston called.
Serj. Peng. My lords, we desire that Mr.
Kynaston may give your lordships an account,
whether he was present at this meeting on the
10th of November, and what passed there re-
lating to their accompts ?
Kj/naston, Yes, my lords, I was tliere the
lOlh of November.
Seij. Petig. What passed at that time tt the
carl of Macclesfield's r
Kynaston. I think I came there before the
rest of the Matters, or only two or three were
there before me. WegifeiBjrf>>^**kMMiiinft.
thet we h«d dnm MK jHttW
lonl tirst received Mr. Holford's acconi]
the elder Master. A letter at the end o
compt was read : my lord seemed lo he
with, and to approve very well of it.
was some writing at the end of itrelatii
ability. My lord said, it would do ver^
have something to the same purpose al
of the other Masters' accompts, and m
to us to go down and write it ; acconii
did go down, and most of us, if not
write to that purpose.
Serj. Peng. Can you recollect what
sions the earl of Macclesfield used, to
mend it to the Masters?
Kynaston, My lords, I can't justly re
I thmk it was. It would look well bel
council, and prevent a further enqnii
parliamentary enquiry, I am not
which : but that I untierstood to be the
ing of it.
Serj. Peng. What was it that wo
well to the council ?
Kynaston, What Mr. Holford had
the bottom of his accompt, *' That thi
ready," &c.
Serj. Peng. My lords, 1 desire he
asked, whether there was au enquiry o
the earl of Macclesfield as to his ability
ficiency ?
Kynaston. No ; I am sure as to roysf
I don't kliow as to any bo«ly else.
S<.TJ. Peng. I desire he would infer
lordsliius, what subscrip^on he had fir£
and what was added, or what adii(
given ?
Kynaston. I had writ before : ** My k
person I employe<l to write out this ic
hiis only gone thus far as to the numbrr
Ininds. I have brought the bonds with i
desire you'll appoint any person to
them, and the other securities I have her
an acouunt of.*'
Serj. Peng. ^Vhat was writ aften
This is wrote with a diflerent ink from t
lore : '* And as to the money, i am n
pay it to the |iersons entitled thereto."
is with a diifercnt ink.
Kynaston. I believe, ii|)on looking up
weiit down with the rest, and writ that
parlour in my lord's house.
Serj. Peng. I desire he may l»e nsk«l
ther he, ur any other of the Miisiers th
ceived any explanation how this sufficie
ability was to appear ?
Kynaston. Not then, 1 don't remeub
thing of it.
Serj. Peng- Or at any other time?
Kynaston. Some time alter this, this*
10th of November, and 1 lielieve, betnee
and the ICth, when we were to attce
judges, the IVIosters were summoned to «
Mr Edwards's house : I u nderstOiHl if
sammons from my lord MacclesficM;
when we were here, there caifte Mr. 0«
(feHi «ii Mr. DuEOB. 1 dw't i
H]
Ji^r High Crimes and Miidemeanors*
A.D. 1725.
[ion
ourve ; hut titty were telliiit^ us i»hal vrav
b€ done : fir«t, wc were lo jM-odiiCfr our se-
riticn, amJ tUc^re wotild be no ^re>t nicely in
>JiJcii»^ llj«»in: &nU Uien^ next, we were to
dyce tbe ImlAitce of cash t antl I rtmeniber,
Lttiit, Mr. Couiii§:b«m snij, You must ftantj
^oue ftnoiher, and asslsit one another. Bank
«f» (tairl he, will he Kcsl ; but iT you can't
t them, then goltlamilbi* notes; you must
t one or other to jiroihioe and sbew*
Lutwyche, 1 desire he may be asked ^
\ tboufs^bt he meant by the propofial of
^ goldtini^hs' notes, or Bank notes ?
r^itoi^uit* I did take tbe meaning^ in the
lo be, for I he Masters barely to
ke aihew of th?m ; and that mnde me com*
Hn ; and 1 spoke warmfy, and said, I saw
at llie design was ; and whoever borrowed
money on that occasion was a kDaTe, and
[that lent it was a fooL
Ir Ltitw^yche. I desire he may be asked ,
Pthcr lljere was any recommendation by Mr.
tin^ham or Mr. i>txoo, and in what parti-
ir expressions tboie recommendaiioDa were
%^att9a. I believe Mr* Lightbonn ex-
1 htmselt^ That if they borrowed jjoM-
^ notes, and tbey weredetuined, the ^oid-
^ahops would be shut, and people would
~iring what holiday it was.
utwye/ic, t dcflirc be may he avked,
said aliout mukinj^a shew? If Mr.
"^lowned what was the meaniog of
fynaiton, I don*t remember: They were
wariDi and said they would ^o to my
^'xltfif field, nrhicli they did, and relurufHl
, Tlummtr, My lords, 1 desire he may be
hit wheiher it was tfeneraUy nndersiiMid
*' ".rs,lhiit giving of Bunk- notes
notes was to bt! understwid
\ion. \ understood il so myself^ and I
everal ntherii did ; Mr, Lightboun, and
U'ordt and lome of tbe otbcre did so, by
^ SHld.
My lords, we hare dooe witli
, Prohr^n, My lonU, V de«tre to aak this
the same question tliat J asketl the
aod tliat iPi, whether at the time when
Ipmpoaal WA% made to him, that he should
as Mr. Holford had done, he made
J[ol^eebun to il ?
ptyiwatfini. No^ I dM > !vt? any objec-
\ \p It. I htfjl Ijeeti I ^m\ with my
I at ihn farther imu u* unf rooni« ibatt
what bappetied at that ttoie^
rpeo^bdid.
Mr. LightbQUfifMe^,
|. Ffa»f * My lords, we dasire Ibal Mr.
\ titay give an aooount ofwhat pisaed
|»M<jsMr« i^hitiog to tho bringing m of
Whil pMctiofF That At llr.
3tVJ.
£d wsrd^^fl, or that at ibe earl of Macclesfield's ?
8erj. Peng. That at Mr. Edwardrs's.
lA^hthoufu I was at Mr* Edwards's abont
that time, at some meeting when our aceompt^
were talked of, hut whether it was befure the/
were deli veretl in, or afterwards, 1 cannot tell.
We had so many meetings about that time at
Mr. Edwards*», that I don't remember exactly,
which was l»efore, and which after* I re-
member, at the meetlnif when Mr. Cotiiiigbant
and Mr. Dixon both were there, there was somft
discourse relating to the produrinj^ of the se-
curities, ond of the balance of the cash* I
then asked, whether we should produce it in
Bank notes, or goldsmiths* notes; and I un-
derstood, it was hinted that the goldsmiths that
we had dealt with, would assist any Master
that wanted money, but by whom it was said i
can't recollect* The answer 1 made to that
was, that 1 should be sorry that any Master
should lM>rrow notes of a goldsmith, and that
they should be staid or secured when produced,
which I apprehended would be done; and
ne3£t morning several goldsmith woubi be
forced to shut up iheir shops, and it would look
like a holiday in Fleet-street.
Mr. LutwifcAe, Do you remember any thing
ConcerninGT a net ?
Ligfitinftin, I donH remember the expr
of a net.
Mr, Luttnt/cht* Whst application was made
to any of the Masters to carry in their ac^^ompts,
and to whoni F
Mr. Light boun. My lont Macclestield one
mbrnin^j^ scut for me, and desired me, th«
when the accompts were brought into thf
council, 1 would be iherenbouts ; that if there
was any occa(»ion to cl«Hr up or ejf[drtin any
thtni^^ or g'ive farther sntistnction to <he council^
I ini|^ht be ready. I told bis lordship, I would
^ivc no salisf action aboul any one's accompte
but my own. But if his lord<ihip pleased that
I should attend, 1 would be ihereabouls i and if
his liirdship pleased, I would have another
Master with me: I named Mr, Hollbid, and
my lurd desired me lo acqunint Mr, ilolfor
with it, which I did ; who aaid, he was ready
to pro with me to answer any queslion»# tha
should be asked, arising on the perusal of hii
accompts.
Mr. Lutw^chc, What did he des^lre you
attend for?
Lightlnmn. To resolve any question or difl
cutty that should arise before the council
AtWr this Mr. Cottingham (old Mr. Holibrd at
Mr. Edward's^ that my lurd tlesired thai two at
the jMaster» should attend the count il wiih the
accompts of the whtde, and that Mr. lloifurd^
beings the senior Master, should lie one, and hi
wa« tn choose whom be would have g^ alou^
with him ; and 1 havinff jfiveo Mr, Holford in^
limation Wfore <if my lord's inclination, MrJ
Holford de&tred me to tro with him. I told him-
1 did not care toj carry in any other accomplej
thao my own ; as 1 hud not concerned myselQ
in other Masters accompts, 1 would not theajj
begin ; I WQttld not cavry aoy hut my own, aut(
ax
tM3]
10 GEORGE T.
Trud of the Bart o/Maodtsfidit
^
nobody else ehould carry fn»Re ; I would not l>«
a re^iresentatiTe of the IkkIv. Upon tbal Mr.
Hoiford recoltf^cted himself und saitJ, Nor he
neither; be uould carry mo accompts hut his
owiu I stiid, llie Bccoropts were culled tor by
•ny f^ntl Clmncellor, nod mA by the privy
roUQcil, ttiid thereupon I thon«^ht it propei- U*
Miiit upon my Lord Cbuncellorp diid del»u*r
llit'mto him.
Mr* Luttrifcke, Yotir !*ird«bip8 will obscrre,
Ihi' |ferHi|]s ihetijrtit most pr'>j>er to apj>ear (or
the rwi «f the Masters, Mr, Holfortl, atid Mr.
J ' ' were so sm i " fi of the
]fc' ng- deficient^ lli f not care
to jippcar t<»r them, t desirp mi\ Litjhiboun
JiiJiy beu'^ked) %vhttt passed on the lOih of* Mo-
member* H hen the accompU were ddtvered to
the ^aH oi fMarclesfitld ?
Li^hilfoutu My lord», U|^on the ICHh of
>?oTcmbcf my accompt was not ready at the
lime I was to deliver it. I rather chose it
•hould nol be ready; because I did not care
tbal it sboiltd be canied in by atiy body but
myM^. However, 1 mailed at the proper
lime; and when we came there^ Mi. f lolford
delifered in bis accompt, and a lelttr he bad
writ to bis lordshfp, and fixed to bis accompt,
which ^ as there read. My lord seemeil to Uke
the fetter, and took notice of it ; and 1 think,
another or two who were my seniors, delivered
In their accompts. When it came to my turn,
I aoqnainted my tord^ that mine was nol ready \
but I would g-o home and finish them, and al-
•end his lordship with ihem at the cock- pit by
f i^ht of the clock. Accordingly I did^ and sent
it m to his lordship.
Mr. Lutn^che. What passed farther retatiog
to tbeir signmg' of the accompts ?
Idgh(iH}utt, 1 know DoibiDg' of it; fbr I
^ent away to (inbb my own.
Serj. Peng, My lords, wedesiretbatMr. John
Benuet may be called.
Mr, JohL Binnet appeared.
Mr Lutiryche, My lords, wc desire that Mr.
/oliQ Bennet may be asked, whether he was at
this meeting' at Mr. Edwards's liottse, and what
famtd at that time?
J. Benrtet, My lords, I was at that meetings
ftt that time, when Mr, Colli a;; hum and Mr.
l>ixon came in, and told us they came from
Mny liOrd Chancellor j and Mr. CotUiig^ham said,
lie had brought Mr. Dixou with him, because
lie was dcJ, and could not well hear, Mr.
Cottmgfiam said, he bad two quei^tioas to pro-
pose; first, whether we were willing that all
our bonds and other securities to our custody,
•hould be inspected by him or any other? All
mf m were willing', and agjeed to that. The
•ecood was» whether we were willing, or would
produce the balance of cash in our hands before
Ibe council? To this the Masters made a stand,
and said. The cash was considerable ; and it
coidd not be presumed that they kept h locked
up in chcftts or trunks in their own houses;
that wns the viay to have our throats cut: But
we Mkred we couJd do it ta« tfiM^alAe tisnx:.
To which Mr. Cottin^ain mm! , CTteiiHftM fm^
doce it in Bank nolea or goldbmitlMr oomf
Bunk notes, ftiiid be, will belbest ; bat dail ift
{roldi»milhs' notes, if you can> r^*** TUftV twi**^
To which Mr. Lt^btBOun %n
them in gfoldymittio* notes*
hfip)>en to be a net thrown o*er them,
shoi^ld be secured, the goldi^miths ti'
ohli^ed to shut up their shops, aitd f»eof«lY
be euquirin^ w hai hf>?iday it was ; and it
be a '^r^t damage ' ddtmiiiitt.
Mr. Luhtyckc. e may tie
whether any thing was said joC aa
another?
J. Bennet. Mr. Coltiiigliaiii praiaad Wfiif
much to help anil aanil oii« acoifacr, as Af tt
we were »We.
Mr. Lutnytfte. Whether was aoy other «i«
presmon made use of by him f
J, Benuet. 1 donH rememtier tlierewiar lH
he repeated it several times, that we ibflOil
stand bv, and assist mi^ another with csasli.
Mr, Plummtr. My \onh^ I de^re to asktt
witness if, in pursirance fvf the adt ic« eitcolf
Mr. Cottin^ham, hp dirl assist any of |£« Jin*
tet^» or was a^ my *»t tbem ?
J. BenneL e i^iiUemeti ^id Mi
me with cash, v. 'i^cli i^ locked up ia tfeecbciS
f gtLre him security for it. And as to my wamm*
in^any body,Blr. Conway informed me, be bi4
a real security for Q.iyOOL and beggvd. Iff caii^
thdt 1 would a&i|ist him with 5,OdO/. ami iat«i
br three days 1 should bare it a^^aJa : t nU
him, 1 had in tuy accompt metittooeil my tai^
and that I had uflfered to make itp tite bslaRS
by my real estate, and so could noC aaaiil Mi
with any caab. He asked me. If 1 liadiiy
bonds by me ? I told him I bad 2^000L boelit
and if he coidd engafre to bring- tbem bade 1i
me iti two days he should have tfacm i sal
upon lodging a bsf of writings witL me, vkkb
he told me was a real security fi>r 9,000/. I is*
cordiNs^ly did lend him them, and he broi^
tliem back iiyiuD to me in two days itaie.
Mt, Pluntnter, 1 desire be luay be 9tkd^
what his inducement was for leodtng Ibi
bonds ?
X Bennet, The real indjioemeiit was fti
real security which was gifen me : bnt ' '
been recommended bvMr. Coitiogham
Mr. Pitimmer. I desire to know wbt^iun t^
opened the bag, to see what the seeurily m^
or took it by content?
J, Bennet. No, I did DOtopeti it; Mr* Cm*
way assured me it was so*
Mr. Ptummer. What use did be make 4
those bonds ?
J, Bennet. Indeed I don^t know.
Mr. Luizpyche. My lords, 1 destfe lie itaf
be asked, whetlicr those bonds betoagtd la lit
suitors of the Court ?
J. Bennet, They were brought in by the sot*
tors of the Court e{\er my accompt was ddh
?ered in, and 1 must ghe them tn my ^lest-ae*
compt: therefore, said 1, I ratist liarelb«flt
a^ain in two days time.
Her^.Pcng. IdesireltemAybaiskedt^be*-
5]
^fiif High Crimen and
ih«r lUift was alUr be bad glvou iu hifl owitac-
V Benntt. Ycr^ it was after I liad jjiren in
€>WM iiccomjti of my money securities, and
ule.
lo know wliat suhscrip*
Iti to bit accompt at
' >} Maccletfield,
.1 delivering in
iri.t Wlow» wriltng'
uccofii|;>tMt I iMd
.^..,,,.wj* to my RccornDt;
u'tiat niy Jord lind recotnmenaed
iUi ; ittid 1 bad oite iif tUfin blJ
t tne. t took my pen anit ink, w-
measure, and made the sub /
IIS manner: '' I ha^eiiU the seeuniies in
tiame, as speciiietl on the other side ; and
the bonds and orders fire in my custody ;
Ji^wn ready to satisfy your lordabi|i, that I
~^*" answer the ni on uy, to every party,
tied, or shall bare a righl to receive
Mr* /^vt'Aofitf calliul.
Lutw^che. My lords, I desire he may be
ivliether he was i<rcsent at this meeting
it hall) been soofttu mentioned) at Mr. Ed<
*nd. My lords, 1 was tiiero but a tery
bUe.
kil«
r, Luiuyrhr. I desire lie may b« laked,
he %vu5 there, m tietlitr uny thing* Wtts
[loacd, ftiid by wliom, fttr the Magters to
one anotUrr money or notes ?
d. There was Mr. CottrngJiam and
;on; and ^ne of tbem said that the
ahouhl itaud by one another, and re-
\M it to them to ai^^stst one another
, or g'oldNmithii* notes.
- vrliut purpose?
\U'^ffit. iituhir of them said to what par*
, Peng^ What waa the diacourse about
d. The diacoorie was about the ac*
D^U, anil how e^ery tnati*s balance was to
up,
J^€9ig, 1 ilesire to know, during that
f|>eth«r Mr. Lovibood obwrvad that Mi.,
I or Mr. 0ixoa weot to nty Lord'
f
id, Ya», my Ionian they lioth went,
came away, and did not stay tiU they
Feng, I desire to ask, Whother Mr.
did Dot liiKi mmm oitlie Macnin some
Misdemnofg. A* D* 1725- [1046
that suhaeription he at 6r«t made upon thai ac«
compt, uheo he delivaed li in.
LoTihond* It is here.
Heij. Peng, Read it,
Ijyvibond reads- '* A]\ which In-fore-me
lioneil jMirticulars I am ready to answer on dt
mand, or to girc accurity so to do, whenever
re#niited, H, Lovraoxn.*'
S^rj, Feng. I desire he may he asked, wlie-
ther my (ord Maecleiifidd made any ohjcctioii
to any part of that siibscripiiau, aud what part
io panitular ?
Limbond* He made an ohjeclion U» ibe laUflT
part of it, because that might imply thftlmjf
ertecis were not ready.
Serj, Ptng. Whether did yoti alter it after-
wards, or was it recommeiidefl lo you ta atler^
and in what manner ?
Lotthpftd. Hy Uif4 MaccleiHeld meotioiied,
that Mr. flollord^s coucluaioo of his accompt
was most jh nper ^ and 1 had best alter it I4»
thiit, and make that the form ; accordingly i
did ; I went down stairs» ami altered it aa it ooiT
sittDda*
Mr, £tt/a>ycAtf» ReadllftiaiubsoriptioD.
ICUrk reads.]
<* All these securities iiaoding in my nam^t
as iu this Bccompt is specitiei), 1 am ready t«i
procure ceriiAcaiesfrom the proper officeii thai
i hare, and kiad them belbre thi^ acfioinpt, il
your lordship requires it ; and aa to tlie money,
1 am ready to answer it u\ton ilematMl to every
person entitled tbereio, amJ who can gff e me a
lefiral discharge. U. JUgviBi>Ni>."
** Kqv, 10, iJUJ*
ribbod
nd^ 1 lent aomt wwmy lo Mr. B«iniei.
lUng. How much was it?
it wai 10,^00 ami odd pouoda.
Fm§, I d«iirt to kiiowt wfaciber Mr*
wd waa pr«aent opoo itie deliteritt|f in
■pis on tbtt lOtii of NotoittUerUatP
ond* Yes, my lords, 1 waa.
> Fi^g, I 4mm Jit wouid Mt njieti
Mr, Lutwyche. My lords, 1 hef leave to
make one ohserrfltiofi upon this, I would not
trouble your lords! lips with observing upom
every one of them ; but Uiere is something'
very uarticubr and remarkahte in this case of
Mr. Lovihond^s. Mr. Lovibood had said, aa
the truth of the case waa, when ho dehrerod in
his aocompt, and thia aabttcription, that be wa^
able to produce or ^ita security. Sec. That
would have lookrd brfoic life council as if th^
money was not reatly to l)e prf>ductdt it wa<
only uiviiij^ aecurily ; nttd tor tlnit reason thii
aUeratJcm is to he msile, to make U liMfk as if
he had the actual balance in hia hands.
8«rj. l*rokun. My lords, wo denrts he mmy
he Aitked, whether, at the tiroa that he wroM
this sub^criutifin, lie was not ahio to prodooe
tike halancer
Lomhond* My lords, I did in mv concb«ioa
offHr it \ and I couhl have done Jt the next dnjf#
Mr. SirttTi^, I di'sife lie may be anknnj, islit*
th«r he could hare done tt out of his own ennti
or elfocta f
Lavibond* I conhl hare done it out of my
own estste.
Mr. Slramgr, Did not you mtmtiofi the tnm
of 10,000 and odd potubda kmt f I deaire in
know whether vou took real security for it ?
Lavihewi* Vct^ I ham • mi lecurity.
4
10473 1<> GEORGE I. Trial of the Earl of Maccln^tdd^ [1048
Look ii[«oD lliat
■
I
I
Mt> Sirange, Inland?
Lartibond, Yes, in lan^.
Mr. Piummer, I desire he may be askei!, if
tny lord Alacclesfield asked iiiiu aoy qiie«(tbiis
about \i\s ahitity T
Latiboitd. No, my lord did Dot ask me any
questiuas about my abdity.
Or. Saj/er. I desire hp may be asked » wbe-
iber at that time be did not beliere, lUat all the
Masters were sutficient and able to make good
ibetraeeompi5f
Loftibond. I did believe so, from what dit-
eourbe 1 heard pass among' themselves. I
liad DO kuoMrledge of tbeir affairt, or of their
estates.
Mr« Edward* called.
Serj. Peng, My lords, I desire Mr. E^l wards
may gWe your lordshipf an account of what
paned at tfiig meetiitof at his house ?
Edwcrdt. hly lordi, I receiveil a message
from Mr. CotliiiE^ham, to know if I would gi?e
leave for the Maulers to meet at my house ?
To which I consented, Some came before
Blr. Cotling^bain, and asked me if I knew what
this meeting was about ; I could give I hem oo
account of it. Air, Cottin^Uani soon after
came, and the rest of the Masters. Mr. Cot-
tingham said, he had two or three matters to
Jay before them ; one was, whether we were
willing that our honds and securities should be
inspected by my Lord Chancf Hor, or by any
persou he should appoint ? Every body con-
neoled hereto, I think, another thing wai, ray
Lord Chancellor thought it proper, we should
carry our accompts to the council : there were
some objected to that, and we thought it not
proper; and the conclusion of that was, we
were to deliver them to him, as being roost
proper for my Lord Chancellor to carry thera
to the council.
Serj. Peng, Was that all that was offered al
that meeting ?
Eduards, Really I doti^t know, but that
there was a third thing mentioned. 1 can give
^ou but a very imperfect account of this meet-
ing ; and that tor this reason ; it was not
thought proper that my servants should come
in, end they ohiiged me to go often out, which
1 did ; and afterwards I heard the chief sub-
stance of this meeting. And 1 remember, that
afler 1 had heard the main matter, I said, Gen-
tlemen, the chiei consideration is to get your
money ready as soon as you can ; 1 think the
intent is plani to get the money away from you.
Serj. Peng, Whellier do you remember any
advice that was then given, relating to the
making up the balance ?
Edwards. No, my lords, I do not remember:
1 heard sometbiug afterwards by the Masters,
about producing notes ; but if anv thing was
mentioned about it, it was when t was out of
the room.
^^try Peng. Whether on tbe lOlh of No-
vember you were present at Ibe earl of Mac-
desfidd^s?
£^»rA, YeSf wy lords, I was.
Serj. Peng.
subscription.
Air. Edtiiardt looks upon it.
Seij. Peng. I desire 1ms way he asked, wbil
subscription be iti<st made when kegmteitio,
and whether any alteratioii or ad&m wn
made by him ai\erward«i ?
Edwards. Some of the Rf i^^era were a* ©i
Lord Cbajicellor's befort^ me : I did not ib^si
it necessary, nor bad written any tkifig to n^
mccompt before I came there: So I west ioim
room, and writ this that w:is lfir»t writ ; ** %
lord, J am ready aod %vdlj(i;»' tlie seciinM a
the foregoing accompt itientjooeil aball l«ia*
Bpected by such (ii^nson or («crsaiiiaftyiiiirM»
snip shall be pleased to afi|>oitil.
•* H* EowARia."
Serj. Pefig, What other aukaertptioa vn
made after that P
Edaardi, After I had made tl *
tion, 1 carried my accouipt, and >'
my Lord Chancellor ; wlio looki
subscripLion, did not seem to fij
but he thought Mr. Holfo*d*8 mokv (.»,.j,^, , ..r,
desired me to alter it, ihut all might be os Mr.
liolford's was. I then went out of itie moOf
and transcribed the substance, if not the worAi
of Mr. Hoiford^s upon my account, aod tbidi I
delivered it to my lord again.
Beg. Peng, Head that subscription.
Mr. Edwards n>aJs*
** Til e several sums of money ar>d 5
mentioneil in thi!> account, ate whiti ha
to my hands since [ was admitted a
separate from what were in the hAod^
Dormer during the time he was a ^a^srft
(the account whereof, by reason of the sfaoHp
ness of time, f haie not been able to (settle ; Uit
will as soon as possihle), and for which 1 soi
ready to procure ceriiticates frofi- 'f- - - -n^l
companies and otHces, tf your lord >i
it. And as to the money, I am il . , . ^aj
it to every person lawfully entitled 'tlierdo^
having a proper discharge for the same.
•» Nov, 10, 1724.'* H. EowAsra."
Serj. Probyn, My lords, if they have dfloi
wtih ihis witness, 1 desire be may be askcd« if
be was not ready to pay bis balance acconikfl
to bis subscription f
Edwards, Yes, I was ; I could have paid it
in a week sooner than the time required*
Mr. Conway called,
Sol Gea. My lords, I desirt* that Mr. do-
way may give your lordships an account, sifae^
tber he was at this meeting ?
Conaay, My lords, 1 was present it tlic fril
meeting at Mr. Edwards's house, w1ta« Mr*
Cottiugltam delivered my L/>rd Cbaocolkirii
command, that we should provide and
our account's : but nothiug mori!
during the time of my stay at that
I went away immediately. At tin* wsaii
meetbg Mr. Cottingbaiu and Ur. Bmk wm
My]
for High Crimes and Misdemeanors*
A. D. 1725.
[1050
Cotijnifham had » (jreat rol<I ; and
i remfmbcr, I here were tHo pn>|iiM!i&Is made ;
' first wai in relulion to our bunds and secu*
kitfS ; tttid the scx'oud was in reluuon to the
f »ftd cash. AJWr cirery Mii«tfr hail dc*
I lii« o}iiiiion to these poniui, Mr. Cottin^*-
md JWr, iliicofi went to wait upon uiy
I Chancellor with an aCfHuini ol' what the
^ u) said ; and belore lUey came back»
i-rj. i^cfig. I desire he may be asked, wbe-
' at that tiintr, when it was |tro{>Oiseit lo the
tiers U} produce their ca^jh, ihey said they
lableiado it^
E¥ery Master delivered bis opinion
be thouifbt lit. Mr. Li^htUoitu merrily
lid, If we produced gold^roithK* noteni and
^'tfiify should be secured, the i^ldsmitlm* shops
would be shut upf and people would be en-
"lliring what holiday it wos. Mr. Kynoston
ad^ sutue obserTatioua ; every one spoke as
Iry ttujngitt tit.
t&rj. Feng, I dcaire he may be asked, whe-
er they all deetureil, they were able and
fly to make i^ood their accounts ?
ConfFoy, 1 think they all did.
Hvrj. p€ng. Whether to pitniuce their effects
or their cash ?
L'vnicat/. I am not sure, whether it waa men-
t'toned ca«h or effects ; we mnde no distinction
at that time between cash and cit'ecls.
tierj Ptng. \ desire he may be a^ked, whe-
tlser be hitiiself declared^ thot he waa able and
reads' lo produce hiselFectsf
avay, \ did declare it at that time, as I af-
rdji writ, that I would endeavour to pro-
liiicir my etlects.
8erj. Peng, Whether there wa« any, and
fihat ailvice or instruction jlW<?o, relating to
tt^ir a«;«.istin^ of one another ?
No such thing bsppeoed while I
- rj rrng, I desire it may be asked, whe-
11k r Mr. Conway at any time afterwards bor-
rut^eil any money of any of the Maatcrai anti
t)f whom?
Contratf* The finsttime I attended the judij^es
waA tlie dirertorv of the TIank, I did hrioK' ony
9^uritieii, and an account of my effects at the
i^MOc time, without borrowinsr a farthing from
vny pcnon : lR'f<»re the s#curilics were tone
mhrouif-h, and the ac^'ouut of my efTecta tJiken,
it wA« olMerved, thntthesame was liable to oh-
't, as consisting^ of land, mortgages, bonds
lies, and things of that kind. And before
ill, I waa told, that aome of the Mastem
iken an oath ; I destreil to know what
i!r;ii ualh was ? It was answered, timt it was a
voluntary oath \ and I said, 1 c^iuldonly swear,
'^liad ciltfcts to answer, and that 1 would
* 10 ttiro Iboaa effects into ca&ti ; and
r P€tig, I desirr he mav be askiM), wbe-
ed any money r
mie time at^er th»i* I waited upon
; and licfore t came away, he
I bad any bonds ? 1 told una 1
had ; then pray, says he, let me hare what you
cnn upare, and t^end them immediately : Wlare-
tt|K>n I went horae^ and sent him 5,000/, ludi&
Itondii. 8ome days ai\er that, I expected Mr.
Godfrey to return me the favour ; and I car-
ried loliim effects to (as 1 apprehend) the value
of 6 or 7,000/. or more; and I desircil him lo
lend me bonds, and he seemed unwilling with-
out the security ; and he kept the security.
Mr. Lutwycke. He hath not answertnl to
those questions, whether he borrowed money,
and what sumsP
Conuatf, Mr. Godfrey lent me upon th#
bonds (>.000/« and Mr. Bennet 3,000/.
Mr. Luthfyche. Only to pursue this question*
I desire to know, whether the securities were
turned into money, or into notes ?
Coiivay^ VeSy my lordS| Ibey were turned
into notes,
l^lr. Lntwyche. 1 desire he mav be askedt
whether they were locked up, or be did take
them back a^in ?
Conuay, 1 look them back again.
Mr. Lutayche* What became of them after-
wards ?
Conway, Some of them I paid off, others I
returned to the person that had advanced me
money on those bonds*
Mr. Lutwycke. I lake it, be says he had
the effect!! that produced those notes from Mr.
Godfrey and Mr. Bennet ; therefore 1 desire
to kno%v, what became of those notes after be
carried them hack fmm the judges f
Cona;a^. 1 rt^turned them to the fierson thai
bad advanced me the miles on tbobe bonds f
Mr. Luiwyche. Who was that?
Omuay, The goldsmith, Mr* Hogert, at
Temple- bar.
Mr, Piummtr, I desire to know when here*
liimed those bonds a^^ain ?
Conway, In a few days after.
Mr. Lutwyche. My lords, it may be necef-
sary to examiue how* it was that he persuaded
the goldsmith to let liim have those notes f
Conway, 1 gave him bonds for them.
Mr. Lutuyche. Whether were those the
bonds that you had from Mr. Godfrey and Mr.
Bennet P — C*muay, They were.
Mr. Lutwyche, Whether they were not de-
hvered to the guldsimtli in the nature of a pledge
lor thone notes ?
Conway. Yes, they were,
Mr. Lhtwyche, wfmt became of the bonds f
Conway, I returned them.
Hr, Lutwythe. To whom?
C4}Hutty, To Mr. Godfrey and Mr. Bennet.
8erj. Peng. When lie carried back the notei
to the goldsmith, at that time, whether he took
up the bonds r* — Conw&y, I did*
iwr^, Peng. A« I apprehend, he sayftthe had
lent Mr Giidfrey 5,000/. India boniU, and in
r^turo he exfiected that Mr. Godfrey should
assist him ; I desire he may be asked liiis Ques-
tion, whffther the 5 000/. in India bonds he
8iipplie«i Mr. tiodfrey witit, was after or before
be produced Ins cash te the comiiutieo?
Cajftroy. Alter.
1031] 10 GEORGE I. Trial qfiie£arl of AlacdetfieU
Scij. Ping. Was it bef«re Godfrey had done
After he had prodoocd his secu-
[lOfif
CoMWtJf.
ritici
Seij. Peng. Was it before or after he had
prodaced his cash ?
Convay. It was after he had firodticad bb
•ecurities, and before be had produced his cash.
8erj. Peng, My lords, we think it will be
Tery necessary to lay before your lordships a
general state or account of the total deficiency ;
to shew how much, upon the examination and
cnaniry that hath been made, the total of the
^ndencies in the seyeral offices amount to ;
and we apprehend, that we are able likewise to
give an account of some additional deficiencies
that ha^e been discoFered since. I apprehend,
there was at that time near 100,000/. defi*
ciencies.'
Sfjy Probwu I desire he may be asked,
whether at that time, when he wrote the snb-
■cription, he was able to pay the balance of his
account?
Conwmf. I was, in efiectf I had, and I said
no otherwise.
Mr. Sandy t. I desire he may be asked, if ray
lord Macclesfield asked him as to his sibility ?
Conaay, No, my lords, he did not ; to my
remembrance he did not. 1 delivered my ac-
count to Mr. Cottingham.
8eij. Peng, I desire he may be asked, what
~ deficiency there remains upon his office; whe-
ther he can recollect how much it is?
CowsMy, My lords, I believe it is 13,000/.
my charge of which I can take off something
in my post -account*
8^. Proln^m, 1 desire he may be asked,
whether he i« now able to make good the defi-
ciency in his office?
Conway, Yes, my lords, I am.
8erj. Frobyn, Whether he hath made any
conveyance of any estate as a security for it ?
Conwav. I have.
8erj. Peng, 1 desire lie may be asked, whe-
ther any thing, or how much, hath been raised
out of that estate?
Conway, It is made so very lately, that I
donH know that any thing hath been raised
since: it is but a lew days ago that it hath
been made.
Lord Leckmere, M v lords, 1 would be glad
to know, as there is a balance of 13,000/. whe-
ther he stands indebted to any other persons
but to the suitors of the Court, and to whom ?
Conway. No, my lords, I doirt owe any
thing to any body, to my knowledge.*
Mr. Lutwyche, I should be very glad if Mr.
Conway coiUd extricate himself out of the diffi-
culties on account of the deficiency in his of-
fice. It is very proper to ennuire how, and by
what estate, that is to be made good ?
Conzoay, It is to be made goSd by an estate
in land.
Mr. Lutwyche. 1 desire to know, whether
that estate is settled, whether it was not set-
tled upon his uiarriagi!?
Conmay^ Jt was never setticd on my mar-
riage. I was tenant in tul, and ay wife and
son joined with me in levying a Gat,
Mr. Lutwyche, Whether it is Botaettleibv
will?
Conway, I was tenant ia tail by the will of
my fioher ; I have levied a fine, and my wiiii
and son have joined with me.
Mr.Oju/ov. WbatinieresthadyoarsoiiiBit?
Coavojf. No interest, as I apprehend ; but I
thought It fh» necessary he abould jou, to
take off all difficulties and objectkms to the title.
Mr. Ontlow. Whether there are no annaitia
charged upon that estate, and wb«t they are?
Conway, There are no annuities charged m
that estate.
Mr. Onslow. No payment to the mother?
Conmay, There is, out of another estate.
Mr. Ondow. What aie the renli of the es-
tate you have secured for the payosent of tliii
money ? — Conway, Between 5 and 600/. ft-yew •
Mr. On$km. Is that your computation, srii
it let at so much now ?
Conway. I can't say it is all let so ; thersanf
some demesnes.
hlv. Onslow. What are the rents of that fstt
oftheesutethatislet?
Conway. I take it to be 500/. a-year.
Mr. Onslow. What, let at 500/. a-year ?
Conway. Yes, or thereabouts.
' Mr. Onslow. Do you redmn the whole eM|
to be worth 500/. a vear?
Conway. No, I don't reckon in the wbils
estate, but ool^ that which is conveyed fiir the
securinsr of this money.
Mr. Onslow- Then I desire to know whit
are the rents of this estate as it islet ?
Conway, I take it to be 500/. a-year tt
thereabouts, that is applied fiir, and as a is*
cnrity to answer my deficiency.
L. Lcchmere. Tliis lS,000l. balaoee is doeti
the suitors, which he says is secured by tkk
estate : I would be gUd to know how the dsn
ficiency came, and what is become of thif
13,000/. that is due to the suitors ?
Conway, The occasion of it was, my coniBf
into tlie office cost me to my predecssNC
6,000/. I paid besides 1,500/. upon my ad*
mission, and 500/. contribution towards makiag
good Mr. Dormer's deficiency.
Mr. Onslow. How was the rest of the debt
contracted? You have mentioned but aboat
8,000 pounds.
Conway. I believe I might, upon aoooootif,
my brother, borrow 1,500 or 8,000/. to satif(F
bis account to tlie crown.
Serj. Peiig. Out of what cash did yen r^J
it?
Conway, I believe it might be out of the
office.
Mr, Ontlow, What is become of the rot;
how did you apply the remainder?
Contcay, The remainder ; I can't tell bat I
migbt have so much doe among my acquMJ*
tance ; I believe I may.
Mr. Onslow. Did yoo then lend your l^
quaintance out of the suitors' money ?
Coumay, I believe 1 might at tiati M
y&r High Crhnet &nd MUdemecmors,
k. D. I7f&
^nf t!ic cash lYiat re cnameil deail tod
I appirtieDded it wba
tl<m. Von say }'ou have lent to tc*
' jotir ocquAint&nce out of the fiuilors*
I wootd fa«f e yuu nsmu «ij^ atie p«'rs4>n
n jTOti hare Ict'it any of ihe mouvy of the
ijj^. T rememlier li noWe [terxon^ if it is
fcIt]entiOIl his name, to whom I have
I ; he it tiow dead.
^V^, I don't know whether yonr
ic will not be pleased to confine theMa-
to eammifie onty to the particular Arti-
if are oow on.
%uhv* We are now upon the Article
Miciencie^, and the question hath hecn
y the counsel for the noble lord, whe-
ts deficiency can hi.' nmde up by Mr
f ? I'lierefore ii m proper to know, whe-
i deficiency i^^ likely to he made tip, iind
t where the monty is, and therefiJie I
idc who ttijs fjix-and-twenty hundred
was tent to ?
Probj/n, My lords, I Buhmlt it whether
!stioa he proper, because Mr, C'onway
ren land security to make good this de-
' I jind thei-eforc it is not materiiil for
rdehips* judgment, to enquire how tins
€y happened!
Luts?ycHe. 1 am werj wrrj to lay he-
iir lordships the reasons and the order
liich he wan committed. 1 apprehend
material u[K>n thi»i pornr, and
it the counsel for the noble lord
lereti into thetnselvea; for they have
vheiber he was able to make good his
cy : now h it not proper for us to ask
rticular circumstances to find out the
rhethcr h*- - -* '^^ *'^^ ? Therefore I
reioofik not wanufiT the
rbcther 'i ^ ud o»er all hla
lial be oooiil to make good hta ddS-
I bare asalgiied orer all my real
llorjvcAe* Whether he hath assigned
b,600/. due to him i
That iaapplie<L
tht. Applied, how f
iliert amongwt my causes.
t>id he lend a nobleman a
Pflnd Hp|dy it to a caude F
1"hAl tJiJin of nK>ney you were
* '"-'^ ••* n cause.
1 of money,
. . „, . :.u Uiisli.OOO/,
f wail applied to by a nobtcman to
By Hhom was you applied tof
[ my lord bulkefry . ana accord -
anced to hun| and it b siijee
I^AppHcd, bow?
llied \m a eauio^ with the appro-
C10«4 J
elated l^^^l
Mr. Omiim. Hath it been refjtid f
Conwity, No ; it is i»|»plied in a cause ofjj
auitOTf and now H remaius as security. ^
t' ^' t V ingdan, I am so nearly related
lli^^ id that is mentioned, that I must
do Mm*' |.i^ 1.:^- "'^ ''' 't-tt Mr. Conway in raind,
a& I did Mr, i 3itrforc» that it'any qnea*
btm is asked 1;...., ^ „idi may personally sub-
ject hmi to any penally, or, as he hath the bar-
gowuj may concern his dient, he ou^ht to ba
left to his discretion, whether he wilt or witt
not answer.
Lord Lechmcre. A person is not obliged 15
answer any thing that roiiy crimroally affect
him ; but where the enquiry is afier a riebt^ iit
order to cxpUin his oath as to this su^ciencjTp
which is the matter of debate, surely that 19
material, and ouf;ht to be answered to^ and I
desire to be informed, whether this %^QQL
which he aaid was lent this noble lord out of
the suitors* money, was repaid to htcu by my
lord Bidkeley, and when?
Cofiu/au. It i*i not repaid. It is applied m %
cause ; the parties hare approved of it as ase*
curity.
Lord Lcchmtrt* When was ^is money lA
the hands of my lord Bulkeley applied totliA
benefit of any suitor, aod by what order or au^^
tliority F
Conway, ft Is sometime since, some monthi
ago, Hve or six months ago.
Lord Lfchmere. Was this by any order of
the Court of Chancery ?
Conuay, No, my lords, by tlic approbattoR
of the parties.
E. of Mace* My lords, if yon please to gir*
roe leave, 1 would'siuggest something that po*»
sibly rnay help towards the better onderstaod-
in*,^ him. If my guess be right, this relates to
his po«t-accompt. He hath said his charge is
13,000/. And ne hatti saldt be eoaid discharga
8,000/- or more, of that balance by a povt-ac*
compt ; oow 1 apprehend this he is speaking
of now, is that article of the post-accompt. 1
don^r bnnw if I guess his meaning right, but I
desire tie may inform your lordstnpsi in case ii
be otherwise.
f jord Ltchmtrt. It may be for your informa*
tion to know who are the persons to whom tb»a
is applied ; that it may be known whether it it
in the post-accompt or not?
I^fr. i)n%toiL\ My lords, we desire first ta
kn^ ' - • • *y my lord Bulkeley gavef *
i : »e a l>ond and jutljfmcnt.
M>, . rV ho b it you hare applied th#
ft 1^ in the cause of Fautcooberf
«
I
security to ?
Oonwnu
coiitra I
Mr. i * o yo« reckon tbiS| part of tbf
15,000/. now deiictent ?
CorifFtfy. No, I do not recdkon it in that stiiti«
Blr« Ojiiiaw, Your lordslii^Ts wilt pleise to
recollect, that his deficteticy i< l3iUUC»/. We
auk htm how that defi oe; he hath
pren your lordi^hif»s ai of 10,000 odd
bund red pounds ; and tip;t i^mkI itie residue wait
in til a hao(ts of his aoc^uaiutancQ, aud h&i&aC
1055]
10 GEORGE I.
Trial of the Earl tf Macdetfteld^
[1056
8,600/. money of the suitors to be in the hantls
of my lord Bulkeley ; now be saith this iast
sum li not oart of the 13,000/. Therefore novr
1 woniti asK, how the remainder of his deficient
money was applied, or how the debt happeneil P
Conway, If my lords will please to give me
lea?e to explain it : as to the remainder of the
13,000/. you ba?e beep pleased to reckon 10,000
•dd hundred pounds to be made out; then
there is 2,100/. odd money I have laid out in
land, which I have since conveyed, which
makes 13,000 odd hundred pounds ; and the
rest 1 have in bonds and notes, which I have to
make up the residue.
Mr. Lutwycht, I desire be may he asked,
whether he hath those notes, and they are
ready P I desire to know, whether they haie
uot been paid into court to make up his defi-
ciencyf
Conway, No, I humbly hope to have it al-
lowed me on my post-accompt, being apiilied
in the foresaid cause with approbation ot the
parties.
Mr. Onslow. We have done with him ; and
leave him to your lordships^ observation.
Mr. Thompson called.
Seij. Peng. My lords, we beg leave, that Mr.
Thompson may give your lordships an account,
upon the inspection and examination of those
accuropts, httw much the dcticieucy of the se-
veral Masters amounted to ?
Thompson, 8o much as the several Masters
stood charged with by their own accompts, and
did not lock up or produce proper securities for,
I account a deficiency ; and by this rule 1 have
collected the deficiencies of the several Masters,
from the reports made to the committee of
•ouncil.
Mr. John Bennet's dciiciency amounts to
17,541/. 15i. \0d.
Mr. Conway's deficiency in his cash only
amounts to 10,039/. 4«. ^^d. but Mr. Conway,
while his accompts were niider examination,
sold 2,000/. South Sea Annuity, and 3,500/.
South Sea Stock ; and of the uione}' arisiui^
thereby, he paid to the suitors, to whom such
annuity and stock did belong, no more than
2,593/. 9i. 3(/. so that his deficiency is en-
creased by the sum of 3,550/. somewhat more
or less, according to the price he sold at.
Serj. Probyn, Was what he sold pait of the
cuitors' security ?
n. Yes.-
Thompton,
-Mr. Kynaston's defi-
ciency amounts to 26,908/. lis. S^d.
Mr. Thomas Bennet's deficiency amounts to
g,075/.
The total of the deficiency of the present
Masters is 67,114/. ] U. 5}</.
The charge that remained upon Mr. Borrct's
office, amounted to 56,050/. lOi. l^d. But
Mr. Bennet and Mr. Godfrey, the Masters who
had the care of his effects, f^ve it as their opi-
nion before the judges and directors, that the
pffecte he left would prodnce 44,000/. and up-
wards ; so that I compute the deficiency of
Mr. Borret'f office at 12,050/. lOi. iH
The total charge upon Mr. Dormer's oflke,
when he resigned to Mr. Edwards, amounted
to 49,604i. lit. 111/.; but Mr. Edwards has
paid, in discharge of that sum, the sum of
23,725/. 15f. 9id, so that the deficiency of Mr.
l>ormer's ofiice amounts to 25,878/. 16s. Hd,
Serj. Peng. Whether in tliat is Mr. Wibim's
and Mr. Poulter's security indoded in Dormer's
acrompt ?
Thompson, Mr. Dormer's deficiency I take
to be 25,b78/. 16i. bid, ; and the whole de6-
ciency i toke to be 105,043/. 17ff. i^d, Aad
if any securities or sums of money bekMigiog
to the suitors are omitted in the Masters' so*
compts, such securities and same are not ia-
eluded in this estimate.
E. of Mace. Have you had before too tbs
administrator, either of Mr. Borret or Mr. Dor-
mer?— Thompson. No, my lord.
Serj . Peng. My lords, we shall beg leave ts
call one witness to give yoor lordshi|» an ac-
count of another deficiency of 2,000/. apot
Mr. Conway, which is not charged in his sc-
compt. We desire that Bir. Saundersoo nty
be called.
31r, Saunderson sworn.
Mr. Lutwyche. We desire that Mr. Sundae
son a»j give your lordships an account of aof
money in Mr. Conway's hands, and how amai
it is, that is not brooght to acoompt ?
Saunderson. BIy lords, i was concerned Mi
solicitor in a cause in Chancery, between ar
Erasmus Norris and Alexander Norris ; sbos
after the accounts were brought into the Re-
gister's office, 1 went to look and see if Mr.
Conway had charged himself with a san of
money paid in in that cause. I fuund by his sr-
connt'that it was not charged. I baddnws
up the account, and given a copy of it to Mr.
Conway, which he did not deny, but be aid,
there was uot so much by 1 or 200/. Said It
tbere is no entry at all of the cause, and M
mention of any sum. I told him, it was la
omission not to mention the cause or sum. He
said, that he believed it was not so macb, bo
did therefore not mention it. 1 asked him wby
he did not insert how much it was as bo
thought it P He said, because lie would poj
in all.
Serj. Probyn. Wc desire he may be vSbA
how much the whole money in that cause was.*
Saunderson. 2,27 4l. 3s, lid. besides intcrit
from Lady-day last was twelvemonth.
Sol. Gen. My lords, this is the sum of ibo
account we had to lay before your lordships o^
the deficiencies, notwithstanding the Mastnt
represented themselfes as able to |iay the whole.
W e would not represent it to your Icirdshipl
that this will certainly be the loss, because
some of the Masters have given security fo
some part ; thou;;h we apprehend llie secoriiy
given will not be sufficient for hklf.
£. of Mace. 1 desire to nsk Mr. ThompsMft
whether this charge he makes upon Mr. Bo^
ret*s office be a charge taken from the olfico^*
only an account taken from Mr. MclkcZ
S7]
JifT High Crimes and Mi$dint€anori,
A- D. 1725.
["
TMimpson, '^c was taken from tb«
yucberii wlit. l!rr pnnluceiL
K* of Muii-. At [taytnenif^ allow*
I guul4; Uy Mr. L ^ life-Uitic ?
^lice. \V lio If ave you an account of
'* *■ ■ iv tonl.
, of uvdiify paid
iiuiitt uiiti?t('ji^ jjav >» n.ii Mr. INieller
late you any account nbui 3Jr. Uorrel
i liimvelf r
j»«)W. The iccouhl we l».nl of ihls \v»s
k one Mr. Parker , as I thittk litii name iaa^,
was clfrk tu Mr. Borret. He prudiiceti
B^cral recf ipl» fur tlie sum3 paid : and the
latt^^n* ill Ctiaru'i^ry^ vitio haid Ihe care of Mr.
lofT^t'fl eifrcU, atlowod ibe Imok^i ami paprrs
nidiic<Hl by Mr* Pnrker, to bf tlie tiook^ and
I Mon«^if\g to Mr. Borret*! ofSce.
Ak to lite effects helou^jing- to
luy AiHli«^r examination. But, my lordr^ lb« i
Cortvtiion«i, coH^idprif}^ the leo^tb unct variety.]
of ibe i»?eiaJ fijcts nnd circuiiwtftucts ihut haw J
becu offered, nre of opitiion, it may b« of ser*
vice to ibut cunse, in whrdi their sceal for pnb-*J
be justice bas luudc iHt^m to enga^e» tbnt tbsl
YftUftle of wbat they liave insisted u|ioa or pru-^ j
daced, j^Uotild in Ka< It insimfr, asi I uin able to i
obey tbtir coiiimand^, be sboriJy recitpitulnte^j
und prt^<^euted in ooe viert' to your iord»bipa*<
con^idfradon.
TbeCbar^jc in p^eneraJ* and the several At^I
licleh of it, have been hdly <»peiictl by tlia«9|
^cntlenaen who prccedrd int^ upon ti^is occa*
anon. Tb*? witnesses who have been examined^!
and ibe other evidence that bas been read, bav« j
beet) f^iUy cimHidertiJ, Ki> far as tbey relate tAJ
those partimbr«»» that were the imriicdiate oc-
casion of their beinjuf produced ; I afaiftll no#]
tbereffire waste time, by enumerating^ oncdj
bO||^«ive you the account oltbemP j naore the Arliclei of the Chnrg«, nor by to«i
n- ri^..^^^ _ I fcj . ri ji." _ . tniriutely repealing the whole evidence that ba<l
been tfiven ; but »biill ei»dcavnnr to reduce tJiitJ
tonn nntl vnrioua examination to some genernn
headii. tbut m:iy express the itubsiunce of tbtfi
Ipencral Arlick^N, and then remind your lord*]
sbifia of what I citn reeollect to li«re'been mosAJ
materiaUy otferrd in support of them. To
end, my hirda, I bcj^ leave, in ibe first jdace, I
obacrve that rtrict union and connecUoo ibe
i% between the crimes of wbicb this Karl titaodl
charged. V*our lordships cannot but remari
that the Articles mutually support,- and almo^l
prove ca€!b other ; bo that if any one be ad*
milted to be proved, it is difBcult, if at all ]
sible, to doubt the truth of the rest.
A wicked and corrupt design, and ?iew i
raise and procttre to himself excessive and ex^
< ' 4 in and profit* was the fata) principle!
t li ail this mischief spruu}^. h wafj
tui* inai proiuple<l the earl of Mnct:b^<ifietd tl
extort those Inrsfe sumji of money, which ha
received from the »evcral porsouH whom be at"
milted to Ibe office of M.^«teni of the Court <
Chancery. The jfratdymg this avarice ei
l^j^d bis lordship to neglect every other coti^
siderution, to overlook that care be owml to tht'
suitors of. the Court, and to admvt persons of
tmiall ainlities, and every way ut^quahtied for
the discharge of no qfreata iiunt. This obliged
him to connive at, and permit the fraud off nt
practice of payinjcf the excessive price of tbeir
plucestout of ibe motley belon^of^ to ibe s^uitors
of the Com t. That again, forced bim to lufler,
or rather to encourai^e ibe ptrcho-^ing I^lastcra
to traffic and g^ame with ibe estates of tti6
nuifforic. There was no otbiT way by which
tbeae iibrtal purdiaBers could retmbtir^e them*
geltefi. And thi»» circumstance, even after it
was apparent the Jtuitors were bkHy to lo*e a
gnmi port of their efletU, reduced bim to ib«
unhappy nrceasity of refusio'^ to take tboae
measures thai were necessary to pr^^veAt that
practice Ibr lite future. Ami when the faiai
^lfect« of tbia unbounded liberty, which he per-
mttlcd the Masters to enjoy, began tci appear,
bttcomei
Mr, Bennet and Mr. Gmlfrey
. Do you know who is admi-
r to Mr. Borret ?
PtQH, I have heard that Mr* Faxton ia,
Ye«, my tordif, I took out aduii*
ttion to Mr. Borret obot/t the middle of
UsI.
fd Ltchmtre, 1 deaire to ask Mr. Thomp-
»lM^i]ior tJM^ computiiliiin be bath maile of
|tcf » u-ies, atnountitij^ to 105,000^.
in ■K' voluntary ttccompia of the
t debvered in, or whether any of the
Here concerned in tbwie occompts, or
I parties to «uch couipaiations .'
njpion. From the Masters' voluotary
ftpts oi\Jy.
Pen J?. I beif leave to ack one question,
;»i V liicb the bird
ftm 1^ a a«k, wbe-
rMr. vTHuitty tiini jiii. j.cnm'i wcrc uot the
era that Bp[K*arcd, mid were employed un-
1 1 at that time, and
.of Mr. Borret?
TAttt"' <'^' i^eid Mr. Godfrey
Wretb ired to na to Imve
haoart ^ . Borret 'a effects.
Ijord Ah to the natui^e of tbese
liieitu -ikheatys» these deficiencies
krise uiH>a the cash balanccv Then J would
^ fbui to know, whether in the accompts
Ititt be bath peruwed, and in the oompula-
loa of tfaii«e deticiencies, the several defi*
HicDfifei of the cash balance arise ii[K)^ the
^Me habuscc, or are Appropriated to any pir-
tiitors concerned in thofio balances r
^mn. No part of the cash balance h
I to any particular auitor.
1039]
10 GEORGE L
Triai of ike Earl of AlaccUsfi^id^
[W
with the iTeficieiil Masters, to |trev€ot its beings
J&uuvvu to the wot U, Frum tience sjiruui^ ttie
|1liieq(iiil coiuposilioQ with \\ itHuti : the |ftirf iai
orders iW ilie payment of nM»ney: the private
otttiiliuiioti tu uiiswer the must pre^tsin^^ iJe-
nantis: Ami from hence hi:* awn liberahly to
tiickniaii* But nUen all itiese incthmls pro veil
_|Deireirtu:il, and he fouud the ciies of the widows
"mud orphatis baJ reuched his inajt'Sty, then,
toy lords, ilid ihe Loril High Chancellor of
Great Diituiu cumbiue with these Wasters, ad-
vise and persuade llicin to make false repre
eDiiitioMs of their civcumstauei^ and accoinpts.
i order lo deci^ife his tDajesty, to frustrate hi^
^IDost g^rucious intentioti^ for the ^ood of his
subjects, and lo prevent (what be mast feared)
a parliamentary eri^uiry.
These, my lord^j, are the malii^nant conse-
l|uence« of lb At eorrupiion of which the eiirl of
Bl at €)e^ field is accu'^^ed ; and which ibe Com*
wons apprehend to be perfectly consistent with
the whole tenor of his aclioof, dunog the time
of bis being Chancellor.
The Commons began their eviJence with
that oath, which it was proved the Earl had
lak»*o, in consequence of the statute of ibe
12 Ric. 3, and which was adminliitered in the
usual and accustomed manner. I i^hould not
have reminded your lordi^bipa of this circum-
Ktance, if it was nut for that uoaccouiitable at-
tempt, to quibble away Ibe sanctity of an oath,
anti to repi^sent it as a mere ceremony and
form, for no other reason, but because it was
read to him m Fpench^ and when he kissed the
Bible, hia lordship and the clerk «»aid notbiufj
to each other. They afterwards gare oilier
evidence, relating to such prolils aa he had
m.iile of the office of Chancellor, which he did
not admit in his Answer. But I do nut appre-
ht'ud it necessary to aientiou them particularly
to your lordships.
The first general head of accosalion against
the Earl is, that he corruptly, illegally, and
extoriiively insisleil t»pon» and receiveii great
sums of mont-y, for the admissKin of Neveral
persons into olBccs rehititig to the adniiiustia-
tion aud execulioo of justice.
To lead the way to ihis Charge, the Com-
inons began their evidence witli the iNuub Ar-
licle, which relates to his taking 100 guineas
from T. Bennet for permiitiiig him to rtjiign
bis office of Clerk of the Cu!»todies, and for pro-
curing a new gratit of that otDce lo Hugh
Uamerstey.
The Commons ctiose to begin with this Ar-
ticle, not because they thought the sum taken
BO considerable, as lo have any great influence
upon the judgment your lordships may give
upon Ibis occaiioD ; but becanse the fact dis-
covers the man, and fully estplnins uhat man-
ner oi' mind he must be endued wilb» who
could stoop to an action so low and sordid,
This Article does of iiself lay a foundation of
probability for the others, in which be Is
churged with the extorting of much larger
sums. It is true, his lordship in his Answer
gif'es lums^ a fcrydifiereiit character, aud
offers to pro«l«ce a catalogue af hi* o«o fftae-
rosiiies. What urgameiii there wouhl be la
this, when produced, 1 caonnl comprelieo«l V
will tli*frefore endeuvour to save your lordsbi|)S
that trouble. 1 can admit eveti inoretlian is de-
sired: lohlead of being jgeoercHis^ I wUlntpMK
his lordsihip (far from the trull)) lo havcuoet
profuse : yet still would it pn»vr miibiog -.
sirrely, il is not a new charaii >ry
even squanderers should be i
To proti: Ibe parttculaia ol nu> Atucle,
resignation of Ben net and the new gr»nl
Hamorbley were both pruvctl. And
payment of the money, Mr. Cotting
was secrirtary to my Ion! ^lacdesi
who, through ibe wholi» course of the et idi
appears to have been his great agent and
tidant : He owns the receipt of ihv 100 gun
and swears he paid them to the Eorl^ witUi
day or two after he receivetl thetin He iJe
owuathc consideration, for which tl^is foooqr
was paid, that it was for |>ermitimg Beoniv
sut lender iii!<i place. Were there no evidfoei
but Cottinc[)iam alone, the Comiuous think tkf
have sut£cieiitly proved this fact : Bui tk
evidence of T. Ben net puts it beyond contn^
diction » and makes it manifest^ that the t09
guineas were in a manner extorted. Befwci^
soon alYer be wus aiimilted a Master^ be«ii
desirous to pait with bis place of Clerk oC tk
Custodies ; and to that end applied in CoUof*
ham lor my lord Maoclesfield^a favour, iM
ac<|iiainto him with the peraon^ to whom II
desired the new grant should be made : Coi^
lingham upon this speaks lo my lord, and
short time after tells ^Ir, Ben net, thai taettb^l
lord nor himself knew Hamer&tey. Yeor
shi[is may remember that the Earl,
citiss- examination, seemed to enili
some small triumph upon this circai
My lords it is uol so wonderful thai
bam should not s|>eak truth, there \n no gif
evidence to the toue of ibe voice, uor the
atid manner in which a conversation is
on ; more especially, if it be cotisideredi
Cottin>;ham was a man who doubtless
these occasions would uot have known bis
thcr witlioiit the mediation of gold.
tvas surprised at this speech, as well be nli^
when Hamtrjiiey lived weat door lo CottJ
bnm. However, Cotiingharo at last expl;
the mystery, by letting him know a pr«'$zat
was expected by the Earl, and Coltinghant
himself owneil, he did iay Ihe Earl iniMid
upon a present.
[Mr* West was here interrtiptcd by the EtH
of Macdesfidd, who said, that Cottingliaj ^
words were uot, Thai he iusistetl njuni, but 1
he expecttd a present. Upon w hich oc
Mr. Onslow represented warmly to the Lofd^ "
that the behaviour of the Earl was irrfgalijk,
and that the Managers ought not lo be [
in upon while they were speakiiig. Aod I
Mr. West went on.]
My lords, it is my duty to repreMol tbc «e-
tious of tbia Eari in Ibe stntogM llfbti uA
flj
Jqt High Crimes and Mh(ffr;eanors»
A. D. 1725.
fioa
tironge&l light is llic jni^test Kijlit. Upon
lion 1 do tint ihitik the word I used to
►equal to tUe fati. Mj lords, tTic
ilioo ot'a Chaiicdloi', cnminunicatrd hy
Eecfctury, to st p^w mftde Master, H nmte
rtu tn«ist. But be that aw it will ; Ueiiuet*
ter lo Ihesc expectnliotis^ n«|»res<?nt€il
^ dahi^i of beinp obti^^^d to pay inonry
rthii o€CAsian« when he had no lalety (lai'd
\fery large sum to the Chancfllor; ami l>y
ly oJ' arg" uiiient loUl him, that when he came
) the |»race himself, he paid nnthing; and
brother tohJ hjra« that lonl Cowper npou
! like Qcca^sion had taken nothing, bt'caitiieflii
tjl ' ■ * ■• f ;aid, nothinjf was due. At last,
ft* 4ie\d and hji secretary being-
int. , iienneia^eed topav the 105/.
er thtK Dg^reement wAfi maJe^ Cotlingham
qu>uut4'd his lord with the bargain, and then
Id Bentitt, that the Earl a^^reed to it : But
"^ hi^l, that it WBA a i^eat favour be would take
^•matl a lum \ and Coitinftham at the same
pe madt? this Tcry remarkable declaration,
|ilt if Mr Bennet would bring- the 100 gut-
he need lake no fiirther trouble, for the
ncellor would apply to the king for leave
far him to rt.'sij^n, and would take cai-e of the
«Bary ateps. And accor»lingIy ihe
1 exeoutetl in that njanner. For
knew ao little of Ihe intermediate
dings f that he has told your lordships he
not how, or by whom thi* warrant
into the hvidji of the cterk of the pa-
Mhificull not to feel some indiffnation rise
arerebting this meanness \ Mean it would
i been in any mnii : But for a peer of Great
UU| an earl, lord chancellor of the kingdom,
" 1ianceUor80oldi*fed andsodenily bought,
Itiiute so many illustrious characters^ in
a manner aV to became a broker for
lli€! hire of ICKJ iruineas, is aalooiahing ! But,
td»tt when I consider that this earl was
same time one of the lords justices of
' m, in a commis&ion to execute some
in^ of majesty itaelf, 1 want words
> ^jMicTtv i^uch a IransactioD io ita prt^per co-
Ijr lord«» I have mentioned the evidence
atmg to thi« point something the more par-
^ilitrly, lKH.'4in«»e tfie proof comes up to the
jtri-mTwordAofthe statute ot the t*2lh of Rich.
fUfid proTea, k% I apprrhend, beyond conlra-
•Xtonf thnt the earl of M.icc'lestie1d difpose^t
tli}» plar«f tor uih and hrokage.
llclore i quit this Article, I begleafe tooh-
lf^^ ia ^our lordikhipK, thai my lonl Mac-
* ' 1 io hi!* Answer insists upon it to be the
Ui« chartcetlora to accept preienta ;
' vns he ilid in ibis case accept a
'J he avoiils, a« he every « here
' '"-♦■'^■Tfitr sum that lie
why this pre-
-i '. till and ri>jht ?
. thnt there i«t Nomrihing
1) thai part of his Artswer,
%\cn b«ilcfii«9i be tiiaiat«d on tOO guin^at, ot
any other tmm. Tliis answer both explains his
e.\tnir.ivc metho^l «tf procepHinij, and aliunst de-
nionslrales the practire of it. For it in very
remarkable his lordship does cot deny hein-
»i&tftl upon A pn^sent in gcDcral, but only
that he did not insist upon any pariicutnr sunO*
My lonis, your lordshipf* will Ihid hy iha
course of the evidence, tbitt this artifiL^e of not
ntiming a fiarticutar sum was not peculiar to
this instance ; but my lord Macclesiitld, when-
ever a Muster^s place or any other place was to
heboid, carefully avoided fiUng tlie price by
demanding a ceriaio sum. No, — tt %*bs mor«
gsiitiliil to set every thing up to the besrt bidder^
ajjd resolve never to dispose of any ollice, till
the sanguine purchasers, by bidding oo eacU
other, were artfully screwed tjp vohintarily to
ot!er :i present^ as his lordship genily pkmiaes
it ; but as the Commons think, ikty har«
proved the fact to be, a t^rriipt and exorbitaul
price, equal to Ihe avaricious wishes of Ihft
seller*
The next instance to which the Commonji
called evidence, was the illegal sate of several
of the offices of Masters io Chancery. Nowv
m^ lonls« (not to be too minute in mentlonmgf
the evidence) it is manifesst from the oath of
office, which they take, flrom the commissiof)
granted to the Masters in conjunctiort with th«
judfref!, and from the evidence given hy Mr.
IV J filer relating to that aulwrdinate jurisdiction
which they exerciso, that these otlicea i\a rc«
htii to the administration and ej^ecution oC
justice.
ftly 1of4 Macclesfield, in his Answer to tbit
part of lb© Charge, industriously is silent ns to
the particidor soma which he received, although
your lordships will observe, tliat payment of
the indiviilual sums charged io the Arttrles, haa
been proved by ibe persons themsthcs who
paid Ihe money. Kyna«ton and Hcnn^l ar«
express as to the payment of l.riilO guinea*
each; Mr. Elde is positive as to h»s Cftrr>ing
to the Earl 6,000 guineas in a Dulsh haslket ;
and Mr. Thurston sweari, he kh 5^000 gnineaa
with lady Macclesfield. Now, my lords* a»
the Earl }nsi<iti that it was a known perquiHilo
of the great seal to accept of presHrms Uj>on the
admilling new Masters ; MfUy does he not own
the receipt of the tererat anms with which his
in charged ? If it waa a known and e^ttihlished
perquisite, doubtless the sum payable wouhl
iiate b^n ns known and established. And ihia
cot)i«ideration I apprehend to l>e the reason of
bis tords1np*a caution. He could not but feel
the alisnrdity of his own argiunent, nnd yet I
will admit ns much bh hii. lordship or hh couti*
sel can desire upon this occaiion. 1 1 '5* ftrede*
Cf^siom possibly mJiy have accepted jimull gra-
tuiiiesfrom new Ma*trr^«, at^erlbeir rtdmiv^inn.
Therefore he msy publicly, and wan fail any
oilier consideration, sell them lo th** lienl bidder
for the mo^t he coidd get. My lord^*, the argu-
ment would have l»een ju«t a^ t'-'^"! AntUuf thtt
lifue that it was u^ual tor the l j
btir to give new yetira gifts to « r,
to prova ha inigGt bava aold hia favoura^ «^
I
I
Trial oftho Earl ofMaedt^hUt
[id
I
M«))y Biiffereil no one to jilttd beror« blm, t?lio
woutd DOl fdrtti Ills )iracUce, ami pay the full
price of w hat it tni;^ht be vyortb.
To support tbls rm&giDaiion of its beiof^ a
cominoti pei-quisilo of ibc great seal, my lord
Macclesfield cloesiii his Aotwer aver, that every
9fie of the Masters 1 haie naoieil^ did volun-
tarily^ and of their own acconl, send a present
CO his (ordship on occasion of their respective
admiitanc€5. Hoiv far it was a present the
erideoce I shall mention to yoyr lordships will
ftilly explain. At presenf, I bei^ leave to ob-
•erve the eauivocaloe«s of ibest; last words, On
<>ccasion or their several admittances. This
was not accidental, but calculated on piirpo<!e
to make the whole appear like a common and
usual perqtnsiie. A« the word:* stand in ibe
Answer, llie natural construction is, that these
Masters vol Liutahly made the usual present to
his lordship ailer they were admitted to their
ofiicses : and yet the cnticaUense of the expres-
9100 does not exclude the payment of iKe
tuoiiey, even by way of barj^am, before their
admission. For even in that case, the money
may as truly be said to have been paid on occa*
sion of their admittance* 1 should not have
inentioDed this part of the Answer, if it was the
only instance of his lordship^s deviatint^ from
truth. I shoHld have imagined it to be an
oversight, of either his lordship or his counsel.
But by the observations that have been made
by the orentlemen who opened the several Arti-
cles ; contradictitin, ef|U( vocation, and (I wish I
could not say) untruth shine in every part* and
appear to he the predominant qualities oi' the
whole. I^Iy lords, 1 mention this, not ouJy as
an ag'g'ravaiion, but even as* a proof. F*>r vi hat
cause must it be that retluces a man of the abi-
littes this Eur i is known to possess, and of tlie
eharacter he did once enjoy, to make use of
ttich liieans, such contemptihle arts? Arts!
unpractised by an innocent man, and, I doubt
not, will prove useless to the truilty/
The fact upon the evidence appears to be
thus, Kynastnn, Bcnuet, EUle and Thurston,
all concur in ihi» circumstance, That they paid
their money before they were admit led into
their officea. Mr, Cottingiiam also owns that he
received iU& munc'V of Mr. Kynastnn aud Mr.
fiennet, and carried up the basket of Mr. Hide,
Ik*^' "^ "" V -*" ''"'m were sworn. All these fWr-
I ice, and Cottingham eonfif ms
tl*v.i .. .,,..„,, ihat they applied tctlmn as
the proj»er pcr«on to reconjmeud them to my
lord MaccK ; Hf M, and t» be informed of what
aum f ' oflfer, in order tti render them*
ttlve*. : to his lord thip. The evidence
of Kyua^uii ij roves it to be a direct bargain ^ for
U« swears, when he acquainted C'ottingham of
bis haviui!^ aji^reed with Ro^efB for the purchase
©f his place, thnt he oBercd but t^OOO/. as a
prestfot to the Cliancellor : upon which Got-
Imgbanrt said, He would not mention to my
lofd anyRum under 1,5 (.10/. and when Kyuait-
ton agreed to jfjv*^ thrtt sutu, i'oitioi^hani again
jvpesenteil that jt must be guineas, upou
whkb the 1^500 gumeas were puid.
greats
I lie in
Mr. Hennet, be aaya. llMit mhen bt hs4
ii{<freed with Mr Hicoitcks, lie abo applied to
Cottiogham to know what warn was neeetMnf
to lie paid the Earl. Cottingrbam mgrmd I
a present wbj* necessary, bat be
name the n^rn. Vmm \\uh^ Hrii-r
consulted with i
strain went In v ♦(?!
guineas; hutCntiiiighnm, tlissntimlird witbt
shook his head, and said* He w^uuld twt j
the Chancellor with ihni ^um ; a
more luid l>eei] gif en, and he liuped
not low^r the price. Benivt*t, iMiwev€r» ;
pressed Cotiinjf ham to otTer the l,0O0 gnmr
to which Cnttingham replied. There was (
hatsriflio^ With the Chancellor; and that if b
wctuld not ortvo more, he might be absotuAtlr
ret used, and lose the place. Bennet, flrtK
witii this replv, — - -- - »^ - ^ -no ^
neas, thouijfh i Id hm^
he nec'l not br,,,^ ., . , . , i ,iiik Wli
would do as well, I cannot help obaerrin^,
that there was a strangle c'auu*Mi n&etl as toilif
pay ment of this money, n " siii^
with the nature of an es; r rrf s^J
lar perquisite, Mr. Benuet ^ictit hi« cl««ir|
take out the bills in a teiir^ted rtame, anil 1
this reason, because otbe y eooldi
so easily be parted with. ' im, iti
was Komelhiu^ ji^lous ol a li
confidence to pcr«»ist so long in <
guineas, und therefore the tirisi word ue I
him, when he repaired to the Chancellor lati
sworn m, Have you broug'ht the money ? Bet*
net atisvvered h'ke a man, who perfectly wti
knew the family » He should not hnve vrnlanl
to have come without it. Upon this the maaff
was paid, the Master was sworn^ and ibe wbtM
bargain fully executed.
These kind of ti irLiiiii^ wore now \
1 di*io(Hii
to be
eveo Cottin<*bam
in the sefrt-r r%n
much tl)e so*
the Earl ihoo-
more cautious, and
now to be so m»tHi
Mr, Eldeappli'
without any <
guineas for thib j
seems, wa<4 not at ;
but answered with tiie v..
a great man ; Thve and i
gains, I will treiit the*i m
ner from others. 1^1 v lord M
good as his word, tor upon il...
the secretary y and oflered him 5 .000 guiaetfi
and he reporlfsd io his loril wlmt ttasffdria
that CHttDgham uasnotdismissrd tijia service
at onee ; and the matter was so for agreed, tkil
Mr. £lde went in a chair to the Ear)' a boostr
with his bsskH, in %%hi€h be swears be pal
5,000 gumenv. and delivered it to Coliingba«r
who carrif'd it tin to his lor«t ; Init al the ■aiii«
time be - did not know what was in
it. Up'! was iutroduceil, aod twnni
into bts ori**p, i*iur 1 ' mtt obiifftt
that the basket was no p Kargaiit. tmt
therefore the scrujiulaua <;aii rtriunifid JlWk
t^tt Uvta <itn\jty.
V
55]
for Utah Crtjnes mtd Misdemeanors.
A. D. 1725.
[I06ff
The last peraon nraiiiiiip4 as to this point,
was Mr. Thurston » aiut he also was treated in a
nMuiQenJiflfereot from all others. Howascertnin-
Ijr better recommended than any of them^ and
io the streii^fth of that was very well received*
.Upon which he was sang'Qine enough to expect
5 should have ihe place. Hutj my lords, b^
bre he was rccoromeuded, Mr, Thurston like-
se applied to Cottingham, and ofTered 5,000
iiinea$« Coiting^ham said he would report ;
he was not Ir united to return an answer. — ht
mean time care was taken by the artful
preadin^«#f rumours, that Mr. Thurston should
ar the Cliancellor intended to ^^ive the place
ay to another person. Alarmed at this, and
*n^ alt otlier methods of recommendation
railed notbing-, he applied to my lady Mao-
Qeld $ and alter iiBin>x several arguments
purpose, as that his name had been
iuted til the public news to be the ^uC'
ceding Mo^jpr ; that persons applied to
lim for ihe business of the ofBee ; and that
reputation and character depended on his
he at last told her he did not e.T-
ct to have the place for nothings and there-
be Ml bills for 5,00Q guineas upon the
able, and so retired. These he found w<n-e
( best arguments, and the best reeommenda-
for within two or three days after be w:is
• into the ogice. This new way of pro-
ding deceiFed e?en Coltin^ism himself so
cb, that he e?eti scrupled to take his own
I know not whether V ought to mention
J other particular^ ; ' ' he questions put
Hhe witnesses, wl. ere cross -exa^
tincdj it 'J ' .,ip would per-
lade you, v a transaction
flween K,. i ...... ^.^ t, ., ,..v lady Maccles-
M^ and in which he wa^ in no wii^ecimcerned,
your lor<lships can believe 4 hat the Ear! in-
B<kd really to give away this place for no-
og, the Earl will l>e fortunate: for Mr.
fiuretnn himself owned, he did not think he
lioold have had the place, if be had not left the
ney.
have repeated ibis part of Ihe evidence
Q fully to your lordships^ becanse, as 1 ap-
eh end, it clearly explams the Earl's artftil
rthod^ of extortion, and also proves that in
whole proceedmg, the money, instead of
fing roluntarilv given, was unjustly extorted,
that instead of being a present or usual
[juisite Ji was an illegal and corrupt bargain
I sale of otTloes, relating to the admiaistra-
Du and execution of justice.
The last thing 1 shall mention to prove this
►int is an evidence^ to his lordship, most on»
aoeptionable, 1 mean the earl of Macclesliield
ttlDself ^ for, my lords, consider once more his
swer in relauon to this very point, ^Vhat
_liition! what equivocation ! what confusion of
IQiRd ! that could make him even forget Ihe
time of his own Impeachment. What other
circumstances of guilt! that during the course
of thiR trinl have been vitible to your lordships.
**ank bills taken out in feigned names, the se-
wilh wbtch the money waspaid^ tliedcad
^ttnce as lo the |mce agreed : 1,500 guineaa
in a basket ; another 5,000 guineas left on a
toilette ; anil lastly, bis own declaration to iba
Masters almost in a body ; how much they,
how much himself might be affected : I sub-
mit to your lordships what inference is (o b«
drawn from all theise particulars. The Com*
mons are persuadeil all flowed from this prin-
ciple, that his lordship, the ^la^tei^, tiic seller,
and ibe buyer, were alt conscious that the whola
iransaciioii was illegal and corrupt.
Before I quit this head of the Charge, I
must take notice of that part of his lordUiip'a
Answer, wbrrein lie hopes that the receiving
presents on such occai^ions is not criminal in
itself, or by the common law of this realm ;
and that there is not any act of parliamenl
whatsoever, by which the same is madecrinii-
naK J hope hts lordship intemi^ that the worda,
Or by the common law of this realui, should b«
understood as exphutatory of the expression,
criminal in itself; oil^erwtse it supposes a very
strange distinction* For surely an action can*
not be conceived to be criminal in itself, and al
the same time not ounirary to the common law
of this kingdom. Is it possible for any one to
imagine, that eorruptiou in the oOicer is not tho
necessary coDse<]ueuce of bet ag obliged to pur-
chase his place f This is in tet'minis the reason
of the statute of Edward 6* h it po^sitjle for
any one to imagine, that oppression of the snlw
ject must not he added lo this corruptiun f Oi*,
can Ihe man, who sells these places, with no
other view than to satisfy his own avance, re*
tain his integrity, and be a severe or compe-
tent check u{K»n the actions of ihuMF? olBcer^, to
whom he has sold ? And that is the reason of
the judgment reportedj by Moor [Moor, 781
Stock with and North J viz. That the ssia
of otQces is malum in «c, and therefore fiueahle*
But when, to what I have now said, I ndd the
consideration of the oath enaeted by the sttiiuie
19 Richard 2, (his lordship will l>e please^l to
add his own opinion and apprehenHons,) I do
not conceive it possible to doubt, but that Ihe
sale of otfioes relating to the adminislraiion of
juttice, is criminal in itself, cnuMna) by the
common law, and criminal hy act of parfia*
ment.
The ne)tt point to whtcU the Commons gave
evidence, is ihc necessary consequeuce nt what
I last mentioned : I mean the admiUmg per-
sona lo the ofliee of Masters, who wei e f*f mean
suNtauce, and every way utiqualilieit for that
trust. The evidetK-*^ n ivin o1 the deficiency,
now in several of tl , is so full and uo*
contestable, I hit I - 1 the rejieirtiun of
it, and o«ly juifl name Mr. 'ihompson, and re-
fer your lordships to the report mMde to tilt
council, the orders of the Court of Chancery,
and the other papers nL»w upon ihe table*
Thetr l)eing deficient at this time, ts^a violent
presumplton, and thai in point of law is som«
degree «»t proof, lliat ihey were of smalt sub-
stance al the titnr of thtir adritisHtnn. Eluw
el!»e is it tutie d/nceivml tlinl )|aKUT%<^^S.v^V«£t%.
been ao aUoti ^ Uia«i \yi ^^w «/?0£x»^ iJw4viwv\ \3%^
■
1067]
10 G£0R6E L
Trial of the Earl ^f Macclexfidd,
[1068
■o much in airear ? Kynaston was admitted I that even the 1,500 ffuioeas, thev paid the Earl
but in August 1721, and in 1724 there appears *•■— »^ -* *• ^ ^-'
a deiiciency of 26,908/. T. Bennet is admitted
but in June 1723, and in little more than a
year there is a deficiency of 16,075/. And it is
remarkable, that both these Masters haYe sworn
all they were owners of in the world, was not
sufBcient to have paid the ?ast prices they
ga?e for their offices. Yet these men were
chosen out to be trusted, one with near 50,000/.
and the other with ucar 100,000/. of the money
belonging to the helpless and the miserable.
By the skill ray lord Macclesfield shewed the
other day, in endeavouring to prove a man il-
legally worth 1,000/. or 1,500/. who had owned
himself to be worth nothing ; . your lordships
may see it was not want of knowledge how to
make an enquiry, that made his lordship neg-
lect it. It was because he never once con-
cerned himself, whether they had substance or
not. The sum he himself was to receive, was
bis only consideration, and therefore his only
care; for as Mr. Bennet has expressly de-
clared, he never once asked him, either beiore or
after his admisiioo, any one question in order
to be informed of his private circumstances.
And yet, my lords, these are the men whom
his lordship, as Mr. Waller has particularly
•worn, thought fit in open Court, and while he
was sitting in the sacred seat of truth and jus-
tice, to declare men of as great fortune, aoili-
ties and skill, as had ever sat in that Court. I
much more readily concur in the truth of the
other part of his lordship's declaration, and
proved by the same witness, that he had great
satisfaction in the having admitted most of the
Masters himself. The reason Mr. Waller gave,
in answer to some quibbling questions of his
lordship's, for his particularly remembering
this remarkable speech, is clear and convincing
to every man ; that the astonishment he was
•truck with at the hearing made him to re-
member it. And happy would it be fur his
lordHbip, was it possible ever to be forgotten !
But what could make the earl ot Maccles-
field break out into this panegyric ? A reason
so mean, and at the same time so gross, that I
almost wonder eveu his lordship would venture
to act upon it in public. A day or two before
this happened, a Master died, and a new pur-
chaser was to he invited.
i have just now mentioned the satisfaction
bis lordship had in the sale of these offices.
The effect of which was, that the Earl con-
nived at and permitted the unjust method that
was practised, for the purchasing Masters to
pay the price of their offices out of the money
belonging to the suitors of the Court. This
practice the Commons charge to have beeu no<
torious, and the evidence produced to your
lordships proves that it was so. Godfrey, Con-
way, Kynaston, and Bennet swore, that this
circumstance induced them to become pur-
chasers ; and indee<l as to them, the fact proves
itself, even though they had not sworn it to be
•0. For they have both owned, they were not
Kbit to bay without it s nay, they were so low
himself, was out or the suitors^ mnne^'. And
thus far tlie earl of Macclesfield liimself ha«t
owned in his Answer. But alas ! that would
prove nothing, if it was not accompanied with
a fact, tliat cannot be disbelieved ; my lonls,
he has repaid the money ?
Afler this, f thuik, I need not repeat the en-
dencc so minutely as to explain the particuUr
method in which this fraud was transacted:
the whole seems obviously calculated tor oo
other end or purpose, than to induce persons of
small abilities to become purchasers, by laoili-
tating and making easy the method of pay-
ment. And indeed it was so easy, that I woo-
der his lordship did not meet with persow,
who would agree to give one half of the mosey
for an opportunity of running away with IM
other ; and if they bail, 1 do not see but bii
lordship's defence would hare beeu just ii
good as it is now. Such a price might with ii
much reason be called a perquisite, as his ess-
descending to take but 5 or 6,000 guinct^
when no one would give more. It is true my
lord Macclesfield does in his Answer say, iki
he was ignorant of this practice. But 1 ap-
prehend his lordship to be as much mistakea
m this, as he has been ip otiier particulars : for,
my lords, it appears by Mr. Bennet*s evidesee,
that he not only knew of this practice, but ca-
deavoured to conceal it.
It happened, that when this Mr. Bennet de-
livered his accounts to the privy couocil, he
concluded with a very remarkable article;
" Item, in the hands of persons of abiUtv tad
honour, 9,075/." My lord MacclesfieKl, at
sight of this particular, asks him the reason U
it ; Air. Bennet explains it, That as to 1,575/. he
meant his lordship, and as to the residue, Mr.
Uiccocks, of whom he bought, had detained so
much of the suitors' money in his hands, hy
way of payment for his place, and at the saoie
time he comfilained to his lordship of the hard-
ship with which he had beeu used. The coo-
sideration that induced him to give so large a
price, was his being immediately to receive a
very large cash ; and yet the first time he
waited on Mr. Hiccocks for that purpose, he
could get hut 1,500/. and that u|>on the hard
terms of giving a receipt for 9,000/. Durio;
this conversation, Bennet swears the Earl aid,
with some concern, *' That his accounts weit
made up the worst way in the world, for every
body would now judge, that what he paid m
his office came out of the suitora' money, and
that what had been so much suspected uoold
be now discovered, and what he himself had
taken so much pains to deny, whenever he ma
asked the question." Af\er this his lordship sad
Bennet enter into a serious consuhation, ho«
to make up this affair. The Chancellor bids
him go to :>Ir. Hiccocks, to try what he woaU
do. But it seems he could not be brought la
do more, than to lend '^,000/. which tteosal
absolutely refused, and insisted upon its hmi
given him, or not at all. He reported this is
the Earl, who displeased al it, wnA, HkcifH
9
I0C9J
for High Crimes and Mhdtineanors.
should pay 2,000/. nml th&t he tiitnielf would
repay Ihe 1,575/« but it MiouU be in sudi a
tuanner, a^ thai Lteiitiet should not knoMr tii
what mnnner tt liOBildDc. Bloi^t iirofouiitl po-
litics ibis ! Bf'nnet urtcrwnrijB tidil your \^n\-
sUips (but \ie lotiiid the Ear) iDtendt-il to trick
hijiii»iit of this rnorify ; Tor several tifiies nnd
pluees Mere appointeil ffir iiaynipnt* without
aiiT effV'Ct. And I ti ere fore the uccnuntB were
defivcred in, und the <.lory I'lioif s uiit. Your
Jorifships ctriaitdy observe*!, ibat my \m\\
Macctesfiel"! uas very fjiuch fifTtndeil with
JWr, Betiuel*s evidence, and therefore tciok cai-e
to cross examine him most accuralelv* But
that fatality which cauatamty attend* i;init»
"was so FtTODg' upon him, that I he aiisv^ers
g^iven hy this ami aln»n»;t every otlier wiiiics^i
to the queslieMia jiro posed by ihe Earl, and his
counsel, evidently, as I ap]irelien«(, destroy his
own Answer, and coofirri>niu*aceusaii'>n, But,
my lords, it is nut only Uit» answers of the wit-
oessea, hut even his hirrtship's own questions
that aflbril pvideuce aj^j^aiosi hina. For to what
part of the Chartfe am I now speakiotf? Why
to that, wherein he is accused of knowing- and
endeavouring^ to conceal the practice of payin^r
the purchase out of the suitors' money. AuJ
what does his lordship a^k 1 Did not yon at
this meeiinjf tell me, that if H iccocks would
pay ^,0OQ/, you iben would make up the rest
yourself? By iiis lordKhip's own confessfon,
therefore, Bt^nnet was with the Earl npon this
occaiiion ; they did talk upon tlie subject, Ben-
net has in termed your lordships. Uiccocks
retaining the suitors' luoney waj* part of the
eon vei-sation. Else \\ \\y should he pay 2,000/. ?
Hi^ lordship did concert how tu irtake up this
alliiir, and consequently how to conceal the
II* hole- To this qucistion of the noble lord's,
Bcunet answcre consistently with *ihat he had
said heforc, Tfial he di«1 not say, if Mr. Hie-
cockj* would pay U,000/. that then he wouhl
ttanri the res!. And the reason he gives is
prtotl, he wag ni»t worth the money. Your
(ordHhips remember the other part of the dia-
logue. I $iball only add, that the Earl being*
an^'^ry at this evidence, asks Mr. Ben net, And
bow could you as an honest man, offer to buy
~. place, wfien you were not worth the pur-
lltise money ? I submit to your lord^liips,
lliether it was not as honest for him to buy
iihout Qioney, as for his lordship to sell with-
at ri^ht.
1 have now stated to your lordships the fact*
E to this scandaloufi practice. And I think it
I nev^T be thoui«lit rea^^onahle to suppose the
|rl of Macclestield only ignorant of what
ery one else knew : or that he diil not know
f what he endenvoured to tonceaL And if it
i certainly true, tluit the oflice of Chancellor
an office ot the hi^sfhest trust, it is as trite,
at every wiMol netjlet't of what is necessary
be done, iu order to discharije that trust, fs
jmtnith It cannot tie doubted, but that this
Aclice was unjust and frnudidenl tipon the
itilors of the Court. It cannot be doubled, hut
at thf carJ of Macclesfield koew q^ this prac-
A.D, 1725. [1070
tice. It cannot be douhtfMl, but that the Chan.
cellor was the |iroper person^ hecauie, in lact,
be was the only j>erson» who couhl, rjofficio,
either; remedy or prevent this abuse. What
oiitjht to be the consequence of these pre-
misses^ the world will learn by your lurdshipa*
judgment,
Hitheito, my lords^ avarice^ uncorruptcd
avarice I has been the only principle of thiv
Earl. In what follows, vour lardhhips will
perceive apinehensiou and fearheg-in to mintjle
i 0 a I ) h i s act ions ; an d for this reason the ba n k *
ruptcy of Dormer was to be concealed, that
the clamours of the world mlj^ht be hushed« It
has appeared in proof to your lorlships^ thai
upon Dormer's abscotid^n^, the deftriency in
hrs oiHce amounted to n|>ward!s of 52,000 /. for
the account upon the table, wiik h reduces Ihe
hnlanceto 49,000/, was made up lonj( afier llie
Master!! had been oldij^cd to contribute their
500/, each. — When Dormer run away, it is na-
tural to imagine^ that even this Chancellor
shoidd have turned bis thoug^lits to the security
of the snitf»rs : not because »t wan Ins duty aa
to do, hut as Mr. Diirmer was a Master whom
he had not had the satisfaetion to admit
himself, he mi£<^ht vvith the more security have
g-iven himself the >how, at least, of acting vi-
gorously in relation to his affairs. By the evi-
dence that has been p^iven, U ap[)ears his lord-
ship^s behaviour waia quite thereieri^e ; my lord
Maccles5eld, instead of bein^ solicitous tor the
*fOod of the suitors, was apprehensive only of
the loss that mi^ht happen to hiuisell, by smk-
ing the price of places, and thereby defeating^
that gainful trade he carried on in the sale of
them. But this thought was attended with
another consideration, that this open acknovr-
ledi^ment of the bankruptcy of oite Master
mi;i bt induce the world to suspect the abilities
of the rest, and us be best knew v«^hat care, vi hat
circumspection he had used njion iheir admis-
sion, so he was determined tn prevent an in-
cident of that kind. With these vieus, there-
fore, every step that was taken was mysterious^
and the detjciency itseN with the utmost euutioo
kept secret ; so secret, that at lai^t s'une of ttie
Musters themselves, hisovtn Masters, lor that
very reason, refused to eontnbute any tariher to-
wards it. It is a botloiuU'Ss pit, says one ; \\€
know not what it is, says another.
The first step the bar! look was to direct
Mr. Rogers and Mr. Hiceocks to carry on a
private negociation with liormei for hts return
mto England, assuring him, tn ht;* lortLhip*t
name, that his pernio n slit>uld not be contined^
provided he made an assignment and discovery
of his estate anil i flvcts. Ut>on this Dormer re-
lurnb, and executes an ai^iji^nment ; but I do not
fii^d he was ever examined upon interrogatories,
or that any of his creditors ailende^lf in order
to enquire into the truth of his discovery.
Your lordiihips observe, that ttie promise of
liberty was conditional ; hut Dormer, and the
EnrI, though lor very different reasons, were
equally afraid of this coaimittt\eia\% ?«v\^«?t<t*
4
4
I
4
M75] . 10 GEORGE I. Trial of the Earl ofMacdesfidd^
[1076
nHmey, the Earl was not discouraged, but de-
pended upon it that oome tiine or other (as he
told Mr. Edwards) he should be able to fbree
Mr. Ligfalbounto compiv ; and therefore, as he
thought, they had by this means contri?ed a
i'uod to answer any demands upon Mr. Dor-
mer's office, he went on, just as if there had
been no deficiency at all. Bv the orders that
^a?e been read to your lordahips, and by the
evidence of Mr. Edwards, who paid the money,
it appears that he made several orders for the
payment of money, without any regard to that
due pro|H>rtion all the suitors of the Court were
entitled unto. His lordship in his Answer says,
it was not incumbent upon him, ex officio^ to de-
clare an average. If it was not his duty, my
lonis, for God's sake, whose duty was it?
This is too gross to be a sin of ignorance. A
barrister of but a term's standing knows, nay,
it is obvious to the lowest capacity, that where
•everal persons have demands out of one com-
Bum fund, and that fund proves to be defective,
all ought to be upon the same foot, and be paid
in an equal proportion. Mr. Lij^htboun, Mr.
Edwards, both represented to bun the hard-
ship of one creditor's receiving his whole de-
mand, and another creditor, who had equal
right, losinflT his whole debt. The reason,
therefore, ot this otherwise absurd proceeding
could only be, that the declaration of an avenue
would publish that deficiency to the world,
which he had used so many stratagems to
conceal.
1 cannot conclude this part of the evidence^
which relates to that criminal design the Earl
carried on of concealinc^ this deficiency, and of
deceiving the suitors ot the Court, without re-
minding your lordships of one otlier instance
of this noLic Earl's great regard for truth and
veracity. Mr. Atwood, who was the solicitor
in the cause of Harper and Case, in which the
deficiency of Dormer being mentioned, the
Earl took occasion to declare, That indeed he
had heard of the deficiency, but nothing of it
had ever come judicially licfore him ; and that
he kuew nothing of it but as public news.
This, my lords, was aAer he had paid 1,000/.
towards it himself. Af\er what 1 have said, 1
•halt not attempt to aggravate this prostitution
of the Bcxt of justice. Biit this did not satisfy
his lordship : That his dissimulation might for
ever remain upon record, he thought fit to pro-
nouuce an order, that is now upon your lord-
ships' table, and dated no Uxifler ago than in
December last; in which he directs the
Masters to enquire, whether there was any de-
ficiency in Dormer's office ; and whether the
go'itors were likely to lose any part of their
money, or not.
Your lordshins know the contract that was
made between the Chancdlur and the Masters :
I therefore shall not waste your time in men-
Honing evidence to prove, tliat they, who gave
inch vast prices tor the custody of the money,
did not neglect tlie opportunity of employing
it lor their own use. The proof is but too
VfiiUis They who trench, coofiM it; and
they who are poor, dare not deny it: It was
the* necessary consequence of hit lordship's
extortion ; and that put it out of hit power to
take those measures that were necwanr to
prevent that practice. The mistbrUHMt of Ibt
8outh Sea year were so univeiialy that lurdj
any man of even common tense would btft
been upon his guard : My lord MtccMirU
knew, that these Masters gamed with the sniiw
money themselves, or for tn extravagant iih
terest lent it to those who did; He knew tU
this was the occasion of Dormer't defideoCTC
He knew that the other Mtatera had it riiU ^
tlieir power to do the same ; therefore he ptt*
mitted it: He took no measoret to prevaMitt
therefore he encouraged it.
But what could engage thit Earl (whoaa i#
derstanding is no wise ij^ueationed), after is 1^
tal a year, thus to risk his own chaFacttr ; mi
what perhaps he values more, his owtfi^
tunes not only upon the understanding, the*
tttprity, hut even the good fortune of t pMod
or men, whom he had thus picked up, wthirt
either enquiry or care f My lords, as the fc»
rower is to the lender, so a corrnpt Chatedt
is the servant of his confederate offioen. Ii
durst not put a stop to their practicea (thMfb
his own estate was embarked with tbent), W
resentment and revenge should make theoi ii
cover the infamous secrets, with which Ikif
were entrusted. How durst he demand wwi
rity firum those whom he admitted, loMriif
they were able to give none ? Surely, ny Mji
no reason but sudi as 1 have now
,_„.jgive . -- -
a strict account, as to their cash and secoim^
after he had been informed by Mr. lagbtfaa^
that some even of the Masters were to be M»
pected. ButMr. Lightboun this day watt ft^
ther ; he represented the danger of tnM^
men with such vast sums : That this credit m
been the occasion of all thekMsea in the Cssi^
and therefore propoaed a scheme of wcanA
to prevent any losses for the future. Tm
Chancellor did not absolutely ri^ect this pi^
posal ; that was too gross even for himsdT:
He therefore desires BIr. Liglitboun topsti
in writing : It is done ; and his lordship wt$
carefully kept it by him for two years, witM
taking any notice of it. But, my hmls,thif
is one circumstance in this neglect, thit ii
equity (and surely a Chancellor will oat ^
cline to be tried by that rule) makes his ln^
ship answerable for a very large sum it ttf
case only, without entering into any thenh*
consequences of his crime. Mr. KynsrtM^
your lordships remember, was proved to l« i^
ficieot in the sum of S6,000 odd hwoiki
pounds ; and yet, my lords, this very Kyai^
did, in the year 1783, propose to bia loimipV
give land, or other security, for the fffB^i
with which lie was entmtteiC IknowhiilH^
ship will object what thit _
fore twom, it rehuion It hiaoini
Btttwhtt isittotht
iMiliik
1077]
far High Crimes and MUdemeanon.
A. D. 1725.
[1078
pr<»vii)ed \l le plalged for their safety ? What
Answer, my lords, must we give to our fel-
lotv subjecls^ tbose unhafipv people, who are
tttidooe, I will tiot say by KynastQn'i und (he
<ltbcr Masters* deficit^ncyt but his lordship^s
own wilful necjlect? | will not lake uij any
more of >'our (ordships* liine upon this head.
In what I have already meiitlotied, it is proved,
nolwillistandiii;,' what the Ertrl in his Answer
Mys to the contrary, that be knew the Masters
ooDverted the money of the suitors to their
own use. And he himself owns, that he did
not insist upon any security from them, lu a
Ute order of his own making, he has recited it
not to be usual in the Court of Chancery for
the Bios ten to giye security ; and thsrefore in
Ills Answer covers himself under the practice
of his predecessors. My lords, the reasonable*
Hess and necessity of security depends upon
the ^rf^atne^ of the trust committed, and the
3ualities of the persons entrusted. In Dr* Ed-
isbury^s case, though there »vbs a stop, yet
Ijierc wus no loss, for his estate proved sufH-
cient to answer all demands. And therefore
his lord^ihip^B arg'umcnt, in my apprehensioop
•mounts to thiSf That because his predecessors
did not insist upon security from persons who
wanted none, tlierefore he might justly entrust
tiiose who were able to give none.
My lord, I ana come to the last beail of onr
Charj^^e, and your lordships will now see the
earl of Macclesfield ahandoned to all his fears !
Bven avarice forsakes him 1 The dread of a
|Mirhamentary euqniry sits heavy on bis mind ;
sod I firmly believe, be now repents his having
i1l«£|[ally taken this money, because he parts
with it to prevent, if poss^Lile, that punishment
be most justly deserves Ibr having: receiveil it.
He tittds all his arts in vain to hinder his prac*
tices beingf known to the world ; and therefore
liis whole study is now bent how to ward oif
tbeir conaint^ into parliament.
The drst instance of this appears in the case
of Mrs. Chitty. The luct is thus : an order
was made *<jr the payment of 1,000/, to her,
Mftnfa sum upwards of 11^000/. belonging' to
lier, and which had been ps^d into the hands of
Mr. Dormer. She, it seems, assijjns (his order
to a very importunate solicitor, one Mr. Lock*
man, who, as he bus told vour lordships, dili*
fititly pursuL'd the Chancellor from Londnn to
erfsin^ton, from Kensington to Westminster-
Itall, and the Court of Chancery itself. He re-
presented to his lordship the circurastances he
W«s in ; that be had compounded some South-
8m contracts, and absolutely wanted, and in-
akted upon bis money to complele his agree-
ment, and set hiiiiseir at liberty. Tli« Chan-
cellor, gndioir himself so pressed, was at
\tLKt forced to promise him, that he would take
care to g^ct the money (Vdid. Upon this he
aamtnon« a meetintf of the Masters, in onler to
persuade them to pay the nione) by a contri-
notion of M)l, each; and in the mean while it
bad been ifi^tu out amontf them, that mich a
CMVnfribulion ivas expected, Coitio^^ham him-
ieir, ai Mr. Lightbuua says, t^kl it to hitn^ and
at the same time made a fresh demand of the
old sum of 500/. and asked him M^hat answer
he would send to the Chancellor? Li!^btl>oun
prudently replies, he would deliver his answer
himself; and in the mean while he applies to
I he other Masters, tells iheni the ill conse-
nuencei of what they had done, and works
tnem all up to a resolution not to comply with
this fresh demand. He desires them not to ^ive
the Chancellor false hopes, but to speak their
mind freely. And thus prepared, they all re-
pair to his lordship's house. 1 need not upon
this occasion repeat the namesof the witnesses,
for all the Mailers present concur in giving the
same testimony. His lordship be^an the con-
ference with asking^ Mr, LightbooD, in a ver^
an^y tone and manner, why be did not pay His
500/. ? Who replied, he had often told bis lord,
ship the reason, and that he neither could nor
would pay, and was confirmed in his resolution,
by his baring- since heard all, or most of hta
brethren repent of their compliance. The
Karl, without regarding Lighlboun*s reason,
proposed the necessities of the Court to the
other Masters, in relation to Wm 1,000/. The
Masters not seemini; willing to comply, he used
many argfumenls to persuade them to it ; he
desires them to consider the consequences ; the
occasion presses, and clamours grow strong;
and if this affair was not taken care of, Dormer '•
deficiency must break Out ; and therefore what
he projiosed was the only way to prevent a par-
liamentary enquiry. Upon this Lightboun in«
terposed, and said. If it was so^ he could not help
it: that be bad rather lose the keeping of
the money and securities, than hold it upon
those terms. The Chancellor replied, Btit that
is not the worst: suppose the House of Com-
mons should in a commirtec ot justice resolve*
that your offices relate to the administration of
justice; that the buying them is contrary to
thestatuteof Edivard 6, and therefore forfeited.
Consider (says he) thoM«rh it may affect me,
as to the disposal of these places for the future,
yet it will affect you much more in the loss of
your places; and therefore, u [Mm the whole,
desired them to agree to the contribution. My
lords, the flr-^sters were proof against his lord-
sbip's el<K]uence, and seriatim refused ta
comply, Upon which the Earl was struck,
and with a vast concern said, Tlien I will pay
It myself. What guilt, what fear must this
noble Earl be sensible of, thus to part with that
money he had so sacrificetl his honour to ^e\ !
In this manner the Earl parted with his Maa-
tprs, and Lockman returns ai^ain to tha
charge; and at last meeting the Chanrelfor iu
the room behind the Chancery Court^ he i^ot a
promijic frflm him. that Mr. Cuttint^ham should
pay the 1,000/. But at the isame time his lord-
ship (I suppose to t;et rid of so troublesome a
suitor) advised him not to engage with the
i%idow Chitty ; for if her money in the Couit
of Chancery was alt her fortune' that sum waa
all she was like to have. S^ion after this, Col-
ttngbam paid the money. But it seems ba
fergot to desire Lockmaa tn keep llxa icoi«l|
I079J
10 GEORGE L
Trial nfthe Earl ijfMacdesfidd^
[1080
■0 be told it about so inuoh» tbat CottiDgfbam
meetiof;' him rebuked bim for it, saviDf^f, Can't
you tare well, but you must cry Koast-meat?
Your lordfibips undoubtedly remember, tbat
tbe £arl endea?oured to sbew, by crosa-exa-
miniiiif, that he had generously f^ren tliis
1.000/. to Mr. Lockman, out of mere charity
And comiMisaion to his miserable circumsianRes.
Lockuiaii replied very reasonably, that his cir-
cumstances were not so low as to want his cha-
rity ; for he m\y^^X have discounted the order ;
and he did not think it a fa?our tbat he was paid
bis own.
The evidence I have now last mentioned to
your iortlships, even without the assistance of
other proof, almost maintains the whole Charge.
By tlie testimony of a cloud of witnesses his
lordship here confesses the sale of offices, and
owns that sale to be illegal : be acknowledges
bis being acquainted with Dormer's deficiency ;
and at the same time endeavours to conceal it :
Ue in a manner confesses his own guilt, pro-
nounces sentence upon himself, and therefore
proposes methods to prevent a parliamentary
enquiry.
but, my lords, there is still more behind :
tliere is not only a connection among the Ar-
ticles, but the crimes charged in them rise
upon each other. Hitherto bis deceit has
extended only to the subject, but now he at-
tempts the throne itself. His majesty gra-
,€iously directed an enquiry to be made iuto the
disorders of the Court of Chancery. His lord-
ship knew that this dutiful House of Commons
would not interpose in the affair, till his ma-
j/esty's commands were obeyed, and ibereforo
he now summons all his arts and skill to ward
tlie blow, and deceive his majesty into a belief,
that the world had taken a false alarm ; and
that the circumstances of the Masters are much
bnierthan they were represented to be: that
they were able' to answer all demands ; and
that consequcnlly the suitors of the Court
were not in any dfanger. His agents are sent
among the Masters, to encourage them to stand
by each other ; that they should make a bold
stand, and defeat the designs of their enemies.
He himsi'lf becomes their counsellpr, and ad-
vises, and (without enquiry or record to either
truth or justice) he persuades them to make
such a subscription to their accounts, as might
mislead the council in any report they should
make to bis majesty.
All his thoughts, counsels, and measures are
now swift and precipitate. Your lordships
have heard evidence of the several discoui-ses
of Cuttingham and Dixon ; the meeting of the
Masters at Mr. Edwards's, and the last con-
ferei ce with the Cliancellor himself ; all with-
in two or three days of each other, and all
tending to the same end of deceiving the king,
and preventing the parliament. BIy lords, all
the Masters concur mthe meeting at the Chan-
cellor's bouse: when, it aeems, his lordship,
upon considering their atveral accounts, de*
dared his approbation of Mr. HoUbrd's aob-
MB-iption ; and wltboat any tbe kut aiqiurj
into their abilities and cu'canistaiioef, be id«
vised them all to make the same subtcripuon aa.
Mr. Holford had done.
Yourlordshi|»s have likewise heard it proved^
that the Masters, in order to make a shew, were
advised to assist and stand by each other. Ben*
net and Conway are both inatanoea of this
counsel's being put in practice ; and— But why
should I abuse your lordships' patience with par-
ticularly recapitulating the evidence tbat hu
been this day given ? 1 observed the attentiM
with which it was heard, and any thing I cm
say, will only weaken that impression it omhI
naturally have left on your lordships' mind. I
shall therefore conclude the whole with aa •!•
servation from the |)arlinment roll of Henry i»
<( Complaints and subsidies belong to tbe Oi»
mons, judgments bek»ng to the Lords, and redrai
is the glory of the crowu."
My lords, the Commons have now discbaifrf
their duty ; they have declarL'd their grievaaeOi
explained the crimes, and produced the ofEnMhr.
They are assured the king will, of his fatbciiy
goodness, grant a just redress, and apply t
proper remei'y ; and they doubt not but jsv
lordships will pronounce a righteous judgnol.
Then the House adjourned to Wodnaiiy
next, at ten of the clock in the forenooo.
The Fifth Day.
Wednesday, May 12.
The lA)rdK beinif seated in their House, tk
scijeaiit at arms made proclamation for sileocCi
as also another proclamation, That all peism
concerneil were to take notice, that Tb<MMi
earl of Macclettficld now stood upon his triili
and they might come forth, in order to makt
good the Charge.
L. C. J. Kini:. Centlemen, You that ir«
rounsel for the carl of .Macclesfield, may not
proceed.
Serj. Prubi/n, May it please your lordsbipi;
1 have the honour to be counsel for tbe aaUi
lord within your bar, the earl of MacclesSeMi
who stands impeached for High Crimes ui
Misdenteanors in the name of all the Coounoii
of Great Britain.
My lords, when 1 consider tbe importaacsif
this Charge, in respect to the noble Etfl in-
peached, the great ex|)erience and wiseooodart
of tbe several gentlemen of the House of Ci»
mona, who are entrusted to manage tbe prosect*
tion, and the great variety of arguments tb^
have used to enforce and aggravate tbcir
Charge, it is with the utmost concern that i
presume to appear before your k>rdabipf io Wi
defence; not but that I am well asaurraef lfc>
truth and justice, the strength and fullacw ^
the defence which may be made m his bchi|(
hot out of real consciousness of my own iMki"
lity to discbarge so great a IniaL
XJoequal to it I should have been, M *i
kngMttkne ben 9dloira4 nciD]
Jot High Crimes and Misdemeanors.
A, D. 1725,
[1085
but 1 sliall uow appear nincli If^ss capable^ Imr-
itilf si> very riule, so few da} s' notice of ynw
lonlsbips' pleasure in appmotiog' me for*Lh&t
service.
H therefore 1 uHafl li« 60 unhappy, as to offer
noy ihi^isj in ihls ^^ase less proper, or correct,
iliun Jiii^ht olherwis«^ he. ex\tecie*\ from me^ I
liope t shall oblttinyoitr tordiihips* greater in-
Tlje ofltnces, which are charged to be com-
mitted by the noble Karl impeached, are con-
tained ill many Articles, no i€ii» ihan twentv-
anR in the whole ; but I lie (^nllemett of the
House of CummoDs have been pleased to ware
sevi^riil ofihem, and^ I hope, when your lord-
ftbi[)s have heard ns, and our evidence^ you
i*iil be pleased to arquit biro of all the refit.
Tbest! Articles have bevn conceived with
the grcateiit eautioOf and opened with the
^reatefll art, heightened wiih every cirrum-
si^ance that may incUice resentmeot, and ur^^t^d
against the noble Earl impeached with aparti-
Gular zea\^ well hecomini; the sfreat concern
which Ihone i^^entlemen always shew for what
they apprebfiid ttie public service, and the
lailhfiil, vitfuroiis tfischarg:e of the ^real triiit
reposed in tht- ni hy (he Houie of Coiomoas,
The impeacbed Earl \b pursued back from
hh late resifrnatiou of the biirh otBce of Lord
Cbaiicellor, ihvoutjb every sla^je of public hfe;
and^ » ith inqoisitne eyeii, they have also viewed
and pryed into even his must private fransac-
tionsj so aa nut even the least indiscretion has
passed unobsei ved.
8oii]e actions^ Hbieh in themselves are truly
Itinoceot, and are declarcit to be so by the coa-
atunt, tiuiform practice of all the threat and ho-
nourable persons that have g-one before him,
are here represented as hiq'lily culpable.
Otliera which, we bmiibly apprehend, are
not only iiuioceoti but eiHnineudable and me-
ritorious^ eveu his persooal acts of charity are
iinputcd to liiiD as crimes.
But in one respect I must begf leave to con-
g^ratiibitt'lhe imptuched Earl, and think it is bis
Ifreai ftticity, that in ttiis so publican pxamina-
tiun, !io strict aud rigid a scrutiny into hts whole
<30Qduct, at leaiit ever sio(5e be was first id-
"Tanced to the great seal, there it not one objec-*
tiiin made, one instance g^iven of eorruptian,
partiality, or oppression, iu his own personal
administration ofju<itice ; and therefore, I hope,
1 miy well conclude (^ince it is admitted by
tbo prosecutors themselves,) that he has de-
nie<l justice to no man, he has delayed justice
tu no man, tie has sold justice to no man.
The [►riiicipal objection that seems to be re-
lied on by rbe learned managers, aud the only
poe »hich, 1 humbty apprehend, can any way
idect the iinpt^acbed Earl in the present case, is,
lilt posaibly he may have been too easily led
Dlo a goiKl Qpiniou of some persons, who, iu
l^a eye of the world appeared to be men of
substance, and fair repulaliou, persons
yhat were rerommended to him by others of
' undoubted hooour aud credit ; that ho has ad-
^ittfd these persoas into o^cet of great trust
i
and prolit under him ; and they bare mllenglh
Ijcen louud not to have deserved^ihe gfood opinioti
M hich he at 6rst had been persuaded to enter*
tain of them.
Some of these officers have been negbg^ni^
others uofaiihlnl iu the discharge of their
duty ; and in their crimes it is now attempted
to involve the impeached Earl as their principal
aud patron.
And, in resfard the principal compkinti
arraiiist the noble Earl are founded ufjoii iha
dispoi$ition of the oilfices of Masters in Chan-
cery, thereiure it has been ibought necessary
(iu the preamble of the Articles exhibited) to
represent the blasters in Chancery as offices of
very ^reat trust, sworn to serve the king- and
his people, and associated to the Lord Chan-
cellor by panicular commtitsions, for his as-
sistance'tn the due administration and execti*
tion of justice.
My lords, what use Wasters in Chancery
nii^bt formerly be of, aud what assistance t^
the Lord Chance lh>r they mi^ht anciently give,
1 know not ; but at present they seem to be of
very liitle advanttiu:e to him in the detenuioii-
tion of cnuKes in Court.
They hit uuleed in court* at proper distances,
on each side ihe Chancellor, aud sedulously
attend his motifms, but never pretend to advise
or interpose in judijmeut.
They have like wise the honour In be named
in eonuuissiouii of association to the Lord Chan-
cellor *, but the whole body arc not always
named in such commissions, but only such par-
ticuUr persons as his majesty is pleased to
vhink lit : and this appears from one of tb«
oldej$t commissiims that has been produced and
read before your lordahips, I think it was the
eom mission jrratited to Uobert 8o nth well and
others* the Oih of October, 4 Edw, 6, wherein
(here were not more thau four or live of the
Masters named ; thoug^h I believe in the latter
commissions their nitmcs are usually all insert-
ed* But Avbat |)Ower or authority is given iheiii
by this commission ? None at all, that tliey
can execute of ihemselTes in the absence of
the Master of the Units, or some of the leaiTicd
Judges named therein ; <br the Judges aud tha
IVI aster of the Hulls are only included in iba
Quorum,
But, my lords, commissions of this kind are
not uncommon : clerks of assize, and other of-
ficers, are named iu the commissions of uh^o*
ciation to the jndg^es of assize, in their respec*
tive circuits, yet act as tninlsterial officers only
under them.
And 1 humbly apprehend, that in thiscasa
it h,is been tuiliiciently proved before your
lordships, by a p?ntlemau (that was once a
tery good Master iu Chaucery] that they now-
pretend to exercise no judicial authority what-
soever.
They examine and state such particular mat-
ters and facts as the Court is pleased to refer to
them for its better informalion, and which the
Court itself has not lime to IwaW v«\a% ^*^
i
4
1083]
10 GEORGE
Triai if the Batl ofMaedi^ItU;
I
I
I
•f the Court ; \hey lonk into, and take coun*
set's npiniotis upon titles of estates bou£rht and
wo\i\ Uy order of the Court ; and tliey tax coftts.
This «eems to be their principal concern ;
tnd yK tn this they are not ab^i^tule judges,
they dt^tf rmiiie nothinix finully ; tor *vhen ihey
bave niHile fcuch enquiry as the Court directs
tbetUf tlify otdy certify their opinions of the
several mktters referred to them by way of re-
port, ^ihich report is not conclusive to the par*
ties \ for either of the parties that thinks him-
ielf ig^riered by such report, may take ex*
ceptioo to it ; and the Court, on hearing^ such
exception, uill controul itie IVfaBler's report^
and detcmiine as they think just* And in case
the parlies thernselres do not conirorert the
loitiicr reported, but totally ari^uiesce and sub-
mit to it, yet is not the Blaster'i report a final
judgment^ nor will hind the parties thereto^ tilt
It be afterwards confirmed by the order of I he
Court : it receives its authority and sanction
from the order of tbe Court, and has none with-
out It.
But it was certainly very rigrlUly judged by
the learned Managei-*, and they liaf e thought
it very malarial for them, to adVanrc the repu-
tation of these offices, in order to ut^Ue It more
penal to liavc any pre^sent or couiplimenL made
to ihe great sea), upon tbe adniis&ion or resig^*
nation of the (blasters.
Another observation was made by one of the
learned gentiemen of the House of Cominons,
in relation to their i^eoerat Cbargre, which is
this 5 they charg^e, that the Earl, in or about
May, 17 18* hy ihe great grace and favour of
)iis majesty', was constituted Lord Chancettor,
and did tlioreupon take the usual oath for llio
due execution of that otlice, and such other
oaths 00 !jaf c been accustomed ; in order, as I
conceive, to insinuate that he had acted con*
trary to, or in violation of, some particular oath
which had been administered to him.
The Esirlin bis Answer admits, That no tbe
14th of Rlay, 17 38, tie look the oath of office
as Chancellor, which is set forth in his Answer ;
that at tbe same tinae he took the oaths of su-
premacy and allegiance, but no oath of office,
except that above set forth.
To this part of the said Earrs Answer* the
learned Managers are pleased to object, That
the oalh prescribed by the statute of Richar«l
the 2nd, had been frequently administered to
the noble Earl, but that he had forgotten that
oath in his Answer, as well as in bis conduct
and practice*
And to jirove this fact, Mr. Eyre (one of the
officers ot the Exchequer) was produced, on
whose evidence it did appear fas we appretiend
the fact truly is) that when the bonourahle privy
council are annually assembled in the Court of
Exchequer, to prepare a list of name« of pro-
per persons to bt; presented to hiu majesty, for
bis ctioice of sheriffs for tlic yenr ensuing-* and
the judges then also aUemruiJjr, one uf the of-
fioers of the Cottrl reads over the very words
of ihe statute of Richard the 2nt! in French,
tiDd f/ieu the Bible b presented t» i\« uo\Ae \
lor4f», and others of Ibe prt«f cofiiictl and »lst
to the judcres present, Hhich iliey kMK, and
then proceed to the nominaiioD of tKe ah^rilb
for the several counties in Englftod.
My lords, \ must oliserve tml ofieii thif ise-
cai^iou no formal oath is administered in pania*
anceof this act of parliament ; nor any eot^
or record made of any oath taken by alt or aoy
of the persons present.
The word* of the act of parltftmeot are, Thil
the chancellor, ti^asurer, and oth^ ffreat sf*
licers tlierein named, the juati^s of Ih^ eas
bench, and of the other, the barons of ^
chequer, and oiheri, who &haJJ be catkii
dain or make justices of peaco, ahcri^*, «r
other officers therein nam^, ar any olber of-
ficers or minister* of the kingr, shall be firwly
sworn that they shall not ordain, nuine, «ir
make such officers for any gift or brokag^.
This act of piirliameni doth direct so oaelit»
he administered, though the precine form of If
oath is not prescribed*
But the act of parliament itaejf
cilled that oath which itself directs ]
I readinsfor hearinff that act of t. Hilin
I he called the admiobtmn^ or t ojnb:
[the oath must besomethinyr ,j iir»mi
! act of parliament which directs it.
Therefore, my lord», I humbly aabintt it ^
your lordships, that the reading of this adi
' parhament, upon this particular occaaion, it ».
I tber used as a particular exhortation or « ~
I nitioD to Uiatauj7nst assembly, how they <
I t(» demean themselves in that sinjfle inil"
their duty (the choice of kheritls) tliaitl
an universal obligation in respect to thel
nation of ail other officers in g-eneraL
If this was intended to he adiuiQi^ered «ll
oath of office, then bein^ once taken by afif
prson in office, it need not be taken a|pim,il«r*
mj^ the same person *a continuaoce tti the tun
office ; but thi^ act of parliameiil is aaanallf
read over upon the return of every etectiim m
sheriff^Jt and seems to be pariicularly a[ipli ^^
to that duty.
8heii{r*s are indeed ver^ i^reat ofEoers, 1
whole counties under their iofiueuce and J
diction ; and therefore very singular c:aivi
to ho taken in their nomination.
The chief justices and judges presefit
that occasion, use ihe same cer«ni(>
ing the book ; and if tliis should h
an oath, it would be of j ' m, aa
consequence of that mu the!
fices should have no cai^uu.inN mr them?
the latter part of tbe oath^ directed bv this i
is. Thai none, who pursueth l>y ^' ••
other, privily or ofienly, to bt- in in
office, shall be put in tiie same oiA_, ^
other.
8o, if this be considered a« an oath. «"«^
one of tlie f^rrat persons that have laicn it,^
must he indispensably obliged not tn ifivr any
office to any person that have fiven a»Wed, ar
made application by him<ie1f, or any one m lill
behalf, for that or itny other office wbaWwier.
\£\^\a wQslcuctton, wlncb is oow cwladat
10S3]
for High Crimes and Miidemennort.
A. D. 17«.
[108G
for, were atlmitted, & great many persons ititj^bt
be ttioug'ht guilty of pcrjurvi who ihemset?es
eef er apprt?hended it ; and how far the g^uflt of
ibtB pegtiry may be exteoded, is cot easy to
detrrmioe.
But, my lords, it is not the nohle Earrs io-
tention to incur the censure uf quibbling- bitn^
geU out of the obhgation of an oath, or Uie let-
ter of an act of parliatnent ; we bet^ leare to
insist, that in whaleTer U}^htthis transuction is
lakeu^ il caul be construed to be the takin«^ an
eiiih within (he intention of the Charge con-
tained in the present Articles, whicli is, that be
> took the oath of iifHce} and such other oaths as
hliAve been of right accustomed.
This Chars^ef ray lords, must be conBned to
>roe reasonable time, wherein these otiier oalhs
E^arged must be supposed to be taken : 1 ap-
Iprehend it can relate to such oaths only, as the
* noble Earl took at the f^ame titoe, when tlie ge*
Hend oath of office was admmistered to hitn.
And the Earl, by his Answer, certainly un-
derstood it In this sense ; otliorwise^ to make a
nptete Answer to so general a Charge, be
Dust bare been under a oetessityt to have set
rth all the oaths which he hath taken in his
vbole life-time \ at least, sioce his first oatJi as
chancellor.
He took the oath of office as Chancellor the
b of May, 1718; this proceeding- in the
chequer IS proved to be in November fol-
owing: who would understand that this
g-e intended to couple two transactions lo-
er^ that in themselves were so distinct and
Having thus endeavoured to remove tliese
2' ec Irons, which seem to be no part of the
arge, but only used as introductory to it, 1
Itall now proceed lo the Charge itsell.
The first and geoemt Charge is, That the
lid £arl, not regarding the obligation of bis
fttb, or the duty of his office, but, entertaining
ked and corrupt designs and views to pro-
: himself exmbitant profit, by divers unjust
1 oppressive practices^ whilst he continued in
be office of Chancellor, did illegally, corrupt-
lly, and ejttorsively take and receive iQ his own
private use great sums of money, in breach of
lis oath, and riolattOD of his duty as Lord
fCbancellor.
This is insisted on by the gentleman who
St sjKtke, as ttu offence of the deepest dye,
tbich strikes at the very root and foundatinn
[fall cif il government ; and to render it more
hdious, it is introduced as an act of the highest
■iiigratitude to his majesty, as well as injurious
\mxiA oppressive to his subjects* To demonstrate
liis, it is represented, that upon the said EarPs
^ieiDg appointed Lord Chancellor in May, 1718,
^ia majesty was pleased, of his irracc and
ounty, to bcslow-ttpon him the sum of 14,000/*
I money, and lo grant him several oilier year-
pensions and payments, which another gen^
wn (in obKrviDg the evidence given on Ihts
A) WM pleased to say, did, together wiih
Otoal salary, fees and profits belonging to
lOffiieei amount uuto near 10 ^OOOL per aa-
num, and this was strongly urged as enough
to satiate llie appetite of the most avaricious,
and prevent any t! legal and corrupt extoruons
of other sums trom his m«ye«ty's subjects*
To this, my lonls, we hope your lordships
will ihink the poble Earl has put in a very plain
and salisfartorv Answer,
That he had, for several years before his ad-
vancement to the ^reet seal, the honour of
serving his majesty m the office of Chief Jus*
tice of the Court of Kiug^s- bench ; and as a
reward tor good and faithful services in that
high office, his majesty, out of his my a I grace
and favour, upon the lOlb of iMarch, iri3,waa
pleased to advance him to the dignity of a peer
of this realm ; and for the belter sopiMirt of
I hat honour, to grant him a pension of l,'200/*
per annum, and to declare his royal intentions
of giving the said EarPs eldest son an office of
considerable profit, when opporltiniiy should
ofler.
That in May, 1718, his majesty was pleased
to appoint him Lord Chancellor ; on the 14th
of the said month of May, he took the usual
oath of office, and at tl^e same time the oatb
of supremacy and allegiance, and no other oatb
of office.
That during the time he continued in tht
office as Lord Chancellor, he enjoyed the usual
salary, fees, and neniuisites, which Mr. Pyn*
sen! (who was called as a witness to this par*
ticular) proved to be about 11 or l,200/« per
annum.
That bis majesty also granted to him the
salary of 4,000/. per annum, during his con-
tinuance in that office; which was not particu-
lar in his case, but constantly granted to, and
enjoyed by all bis predecessors.
That to this, bis raa^esty was further pleased
lo sign a warrant to bim for 14,000;., as men*
tion^ in the Articles; whereof 2,000/. was tb«
usual allowance to other lord chanctUoi^, or
keepers, towards the expences in entering
upon the office : and the rest was his majesty^t
royal muniftcence, and received as such.
Vbe noble earl likewise admits, that his ma*
jesty was also pleased to grant his only son^
then going to travel, a yearly pension of I,foo/.
determinable upon his majesty's grnotiug him
one of the offices of teller of the Exchiquer for
life ; which was accordingly granted ; and he
came bito the possession of it, in 1719, whereby
tlint pension determined ; so that the yearly
payments to his lordship were but 6,400/, per
annum, besides the peniioo of 1,^00/. to bit
son, which soon after determined upon hit
coming into possession of bis present office*
This is all the revenue which the noble earl
received during bis continuance in this great
office: and, I humbly presume, this canH b#
thought excessive, considering the great fa*
tigties, difficuliies, and expenees, lliat neces*
sarity attend the execution of this high office:
perhaps other offices miuflil be found, that ar«
less difficult in the execution, and yet auQ«.Tva;^
in profit.
but, my \oTii«, \Vi« o\i<a«?tt<>% ^««^ibkM»«^2^
4
I
1087]
10 GEORGE I.
Trial of the Earl of Macdesjield^
[1088
turn that wav ; but rather, that this noble lord,
not contentet) with these se?eral instaDoes of
royal Sprace and bounty, ille^lly, cormplly,
and extorsively took and received other great
sains from other persons to his own use.
This the noble earl expressly denies, and
iaysy that during his contmuance in the office
of Chancellor, or at any other time, he nefer
once had a design or riew, or even a wish, to
raise to himseir any exorbitant gain or profit,
much less to extort money by any unjust or
oppresBiTe methods whatsoeTcr.
And indeed, my lords, this is a charge that
gi?es the noble earl at once the greatest trouble
and surprize ; he nerer suspected a crime of
this sort, so contrary to his nature, and the
whole tenor of his life, could ever be objected
to him : and to shew that this is without any
foundation of truth, the present circumstances
of his family and fortune (when laid before
your lordships) will abundantly demonstrate
and convince mankind, that be is not that rich,
that a?ariciou8, and corrupt man, he is repre-
aented.
As he hat received large bounties from his
majesty, he has been abundantly liberal to [ler-
sons that were proper objects of charity ; and
■fiis purse has bjcen always open to succour and
relieve the distressed.
This, my lords, brings me on to the material
and princi|)al part of the Charge, which is,
that be did illegally, corruptly, and extorsively
take and receive to his own private use great
sums of money, in breach of his oath, and vio-
lation of his duty as Lord Chancellor.
The instances given of this corrupt taking of
money, refer to tlie several sums mentioned in
the five Articles, which the gentlemen of the
House of Commons were pleased first to enter
•upon, and which relate to the several sums of
money received from the four Masters in
Chancery, mentioned in thefifth, sixth, seventh,
and eiglith Articles, and the Clerk of the Cus-
todies mentioned in the ninth.
If the Charge contained in these several Ar-
ticles be a crime, it must appear to be so in its
own nature ; to be an offence at common law ;
or made such by some act of piirliament. 1
submit it to your lordships, that taking a present
or taking money from persons upon their re-
commendations or nominations into offices,
though they do concern the administration or
execution of justice, is not a crime in its own
nature ; it is no act of immorality ; it is no act
of injustice to any man ; for no person has any
particular right to these offices, but his ad-
vancement must be owine to the favour or
friendship of him who has the right and power
of nomination: and if the office itself be va-
luable, so is the right of nomination to it, and
may be esteemed as part of the estate of that
person to whom it belongs. And if we con-
aider it in this light, 1 think it can't be denied
hut that efery nian has a natural right to dis-
Dose of his own estote or interest, his own
friendship or favour, upon what consideration
h9 pleasci: it is hit own, and thcrefora be
has a right to make any just and legal advan-
tage of it.
From hence, my lords, 1 would beg leave to
infer, that the taking a gratuity or sum of
money from any person, upon his nomination
to one of these offices, is not criminal in itadf,
if simply considered, and distinct from tbt
good or evil consequences that possibly may
attend it.
And, in the next place, I humbly sobnit it
to your lordships, that it is not a necesssry
consequence, that every one that bays an office^
must and will behave himself either unfiuth-
fully or corruptly in it. Instances may be
given, and those very ancient ones, of offices sf
justice, offices of the highest cliaracier in tbc
administration of justice, that have been por-
chased, and purchased from the crown.
In Mr. Madox's llistory of the Exchequer,
page 43, we find that Richard Fitz- Allured, in
the time of king Stephen, fined fifteen myb
of silver, that he might sit with llalph Baaet
to hold the king's pleas; and in pafre74S,sf
this book it appears, that Ralph Basset was the
king's justicier. Here we see one of the jos*
tices of the King's- bench purchasing his otEce
for fifteen marks in silver.
And in the same page of the said book il
appears, that in the seventh year of king Jobs,
Walter de Gray gave the king 5»000 maiki
' pro habenda Cancellaria Domini Reuii lato
' vita sua, et pro habenda inde Charta DoaiM
«Regb.*
These, my lords, are great instances «kit
the ancient usage was, in purchasing even tbi
highest offices of justice.
Inferior offices were doubtless disposed of io
the same manner; and if this had been tboogbl
criminal, we should have had somein^oceiis
our law-books, wherein they would have sp-
peared to have been adjud;^eil so.
I beg your lordships' leave to consider iotbe
next place, and that very briefly, whether tkii
can be taken to be crimiual within the wsidi
of the statute of Edward 6, which has been
taken notice of by some of the learned Ms*
nagers.
By the 5th and Cth of Edw. 6, c. 16,iiii
enacted, " That if any person or persons sbil
at any time thereafter, barg^ain and sell say
office or offices, or take any money, fee or ft-
ward, or any other profit, directly or indirecdjTi
for any office or offices, which shall iassy
wise touch or concern the administratioB a
public justice ; all and every such penonsarf
persons tliat shall so bargaiu and sell, or taikt
any tnoney,fee, or reward, for such office «
offices, shall not only lose his right, intoetf
and estate in such office or offices, but sIn
every person and persons that shall give or p5
any sum of monev» reward, or tee, shall be s^
judged a disabled person in the law, lo hai^
occupy, and enjoy the said office oroffiets."
This is the purport of this act of psriiawwf
90 far as it relates to the offimet chafgsdia
these Articles ; and I apprehend it MflSitki
txtendsd to the present
1089]
Jar High Crimes and Mitdemtanort.
[1090
»
»
Here ire no prohibitory words tliait p<*r«oiis
■lull not banraiD antl sell uftio^, uur titiy ivnrOft
declirBtory thit I Key could not do •<> befoj^, by
eovmoii Uw.
And nil penal Uwii arc t<) b« constnied fa-
Tmirably for the beitctU of the 8Uhject| «n«l tio'.
c%** " ' ■ lut the lelter.
!► coQirary, by the many pf^viaoes
ftfWr e^jiittiitiei) in thit act of [mrhttment, it iti
plain thut all otBces^ before the tmikitti*' uf ibis
net I tnif^ht be boug'bt and «nld witliout idftincf ;
anil uiHtiy "fftoea are aulhoriicfl and intended,
by Uie t-'xprtf* }»i*itvi«inp« ikTiVi^i. f»fi, to uuntlntie
tobe hoiit(ht ni
For by thf tj , ^^^^ it in de-
cdare«i not to extend lo any nfhce of inheritance;
which i« an ej«pres» declaration that offices of i
ioheritaiici- were to be bought and iold even
sNer the act slionid take plaee.
Tbr fseound proviso I appreheod in stron^r
to tjur purpo'»e ; for by thnt it is declared,
•* Thai thtf! act shttll ooi extfpod to any contract
made ar a|ffet*d before tl»e lir«i of IVfarcb then
next, bat all siicli bari;aiuii aJid contracts to be
good, as if the act h4d never been made.*'
And, my lords, there i« yet a farther proviso,
'* That this act» or any ihin^ therein contained,
•hatl not extend, or Im* prejudicial, or hurtful In
iiiy «>f the chief justtcrs of ihe kinj>*« courts,
ronimooly called the Kincf'srhencli and Com-
piod MenM, or to any of the justices of assize,
no*v l*e, or hereaftfr shall l*e, but that they
et cry of them may do in every l>ebnlf^
hintf and concerning- any office or oflices
to be |(iveti or panted by tbetti, as they, or any
lif them, iuig;hi Imve done before the* making
"lis act, any iliioL; thereto coutamed to tlie
iry thereof nolwithstaudint^/'
bat it that which these great officers of
latire might hate done before the making' this
81? They miglit have given, g-ranted, bor-
nioed, or aold the respective officer under
Hi^fTT '" ^"r^'- manner as they thought fit; anrl
by t ^ thvy may continue to do j»o atill.
W .. .: .. .atod then is made in the (aw by
thia act of parliamentf Here la no new otfeoce
crcmted, but a particular penalty giveti, to be
ii^fticted on all that »1iull buy or sell office,
OMituined in any of the subsequent provi-
1 1 that i«^, tbe contract made between the
[|per and liftlJer is declaretl void ; ihe |)arty
aeltin^^ li»ii'i his estate and intereat in the otfice'j
mH ihf^ [*<^rty buying is rendered incupable to
bold anti f^rijoy it.
In Cairtlc's Case, Cro. Jac. 644, it was ad-
jodgiHi, that when a fttntute app^inti a penalty
Ibr the doin^ a lhint«^ which was no offence }w*
an*t ! ' • t fibbil be recovered, it
lie f L means, and no other,
mtfA'^. , ,..j .; . .™, in the present caw,
ig that the presenti provrd to t>e some*
IDMle to the irni»ei( htd Earl, upon the
of Mast' r I eery, can be in'
set 1 i n tj «:i ! , o r taki ng money
offs 1 tiie jiiicntiou of ihi« act of
i ^c hable to no Other punish-
trot than what the ad ttaall' directs ; and this
vol.. XYl.
the noble Earl has already suffered hy bis loat
of the (Treat seal. Tbe statute inflicts a pen<y
upon tlie seller of ail office, only of forfeiting
the itomination to the oCTicc for the future; and
nc» other neoalty or punishmetit ought to be
inflicted by virtue of this act of parliament;
and conactjiieutly the oBVnce, as now charged
against the noble Earl, iu)d the facts, as proved
belbre 3^our lordships, cuniiot subject nim to
any puntthment or jud^mentt that can bo
prayed in thia prosecutto u, ujM>n the [ireaeot
Articles of Impeacbfoeot*
Bnt^ my lords, there ia another answer^
which the noble Earl baa bean pleated to make
to t hi 3 iiart of the Chance against bun, and
which I hope your lordtbipa will bafe gre«t
regard to.
it is the example of the many great and
learned persons who have executed thia btgb
office before him*
The pi*ecedent is too ancient for tie to dii-
cover when it was first made; and 1 butnbly
submit it to your lordships, that the imme-
morial, constant usage and practice of it in all
ages since, will sufficiently establish the rea-
sonableness and jufiUce of the precedent.
The same objection, which is now made
against the noble Earl impeached, in th^ fmr-
ticular instance, might undoubtedly have breti
insisted upon against every one of bis prede*
eesaors.
And 1 doubt not we shall be able to prove,
that these officers have made presents to the
great seal, at frequently and constantly as the
several vacancies have been supplied.
This noble lord has only foUowcil the exam«
pie of his predecessors ; be has trodden in their
steps: and I must beg leave k) say, there must
be something peculiar in bis case^ if the same
path«, wiiich led them to honour and immor'^
tality, shall beti ay htm to tnftimy and disgrace,
Tliia objection, my lords, some of the learne<l
Managers of the House of Commons were «ell
aware of; and therefore they have endeavoured
to distinguish tlie present from the preceding
cases.
They admit it to be true, that small sums
have been formerly given to, and accepted by
former Clmnceltors^ upon admifsious into tbeso
officer, by way of compliment or present, and
this without a crime : but then they urge, that
the sums now complained of are exorbitant;
they are bargained, haLtt^led for, and given un-
willingly by tbe uurcljui»er ; and that there is
a great difference netween a present giveo^ and
a price Imrgaiaed for au<t paid.
My lords, 1 c^n't deny but that this distinc-
tion IS just : tt present implies a volunury i^ifl
of something lass than the value of the thing
given, or promiaeil, ^qt which that present is
to be made ; n price, tbe full value ot tbe thing
contracted for.
And 1 think the Earl^a present ciae la ex*
actly within this distinction, and juatilftealb*
Earl's Answer in this respect.
The present which Mr. Kynaston made to
tbe Eadf upon bi« admtsaioa, was t^klkl* Tbt
4A
1091]
10 GEORGE I.
Trial of the Earl of MacdesflM,
[1099
iirire he paid 9Hf. Rogers for the purchase Of
lis office, WAS no less thao 6,000/.
Ttie present which Mr. Thomas Beonet
made to the suid Earl, upon his admissiooi^was
1,575/. Tlie price he paid Mr. Uiccocks for
the purchase of his office, was 7,500/.
Mr. £Ule, upon his admission into the office,
ij|)on the death of Mr. Fellowes (the former
MRStrr) made a present to the late Chancellor
of 5.200/. But when his lordship considered
the (Kfreatness of the sum, he returned him all
but 1,800/. : when at the same time Mr. Lucas
offered 6,000/. for tlie same office.
Mr. Thurston has also proved, that he left
Bank-notes to the amount of 5,250/. sealed up
in a letter al the Earl's house, before his ad<
mission, upon Mr. Burret's death. But when
the lail^, to whom the letter was directed, dis-
covered liow fj^reat the sum was, she, without
any application made to her for that purpose,
retunied all but 2,000/.
And this, my lords, was done before the seal,
before Michaelnias^term last, before the Mas-
ters were ordered by the privy- council to give
in their accounts ; and when the present pro
secution was not in any sort apprehended : and
it is likewise proved, that Mr. Lucas, upon
this occasion, renewed his offer of 6,000/. for
the office ; and Mr. Thurston was admitted for
a less sum of money.
These, my lords, we humbly hope and insisti
are not instances of a corrupt mind, and ava-
ricious, rapacious temper, such as some of the
gentlemen Managers have been pleased to re-
present them. On the contrary, we humbly
nope, that, upon the evidence already given,
it plainly appears, that these payments were
not sums of money extorted and unwillingly
paid by the q;entlemen who were admitted into
the several offices that have been mentioned,
but presents voluntarily made, and pressed upon
the Eail impeached, with such apulication and
earnestness that shews, that, at the time they
were offere'l, the persons offering thought they
were not equal to the value of the favour they
expected. And their importunity was so great,
that Mr. Thomas Bennet, one of the present
Masters, that has been so often examined,
would endure no delay, but im|iatiently pressed
to be sworn into bis office, at a time when the
late Chancellor was sick, and by bis phvaician
thought to be dying. This may rather oe said
to be extorting a favour from the impeadied
Earl, than money from Mr. Bennet, even upon
his uwn evidence.
My lords, we do humbly insist, That as the
noble Earl witliin your bar was not conscious
of any crime in accepting these presents, so he
isjustiHed in so doing, by the example of many
successions of great and learned men, who
have done the same in the like case. And
should this now be ailjudgcd criminal, what
numbers of very good and just men must be
involved in the imputation of this guilt ? It
must necessarily spread an universal cloud of
infiiniy and reproach over the ashes of m:iny
jost and upright sages of the law, whoae me-
mories have hitherto been preserved as venera-
able and Micred ; men who despised riches, and
abhorred the remotest appearance of bribery,
and never were, nor were suspected to be cor-
rupt ; yet these men thought it a just duty,
owing to themselves and successors, to adhere
to. the known and just rights, the ancient es-
tablished fees and perquisites of their offices;
and believed it as justly, due to them as the sa-
laries whch were annexied to their said offices.
My lords, we shall beg leave to shew thai
this has been the ancient usage and constant
practice of all ages; and the several great per-
sons, who successively have presided in the
greatest courts of law and equity, from the ear-
Rest times to the present, have disposed of tbs
several offices in their gift, aa tliey became va-
cant, for money.
Freouent instances of this kind will be pro-
duced betore your lordsliips, in our evideooe.
My lords, I would not be understood to msa-
tion this, so as to insist that the actions or a*
amples of the greatest persons will alter the na-
ture of good and evil, or sive ^^Bhctioo to aay
action that in itself is real% cr^Uiinal ; but only
as an ai^ument (and I apprehend it a vciy
strong one^ to prove, that it was the cooGORMt
opinion or all. those great persons that bavf
taken presents, upon their disposilioa of of-
fices, that it was not criminal to do so.
The opinion and judgment of so many lean*
ed persons roust have ver]^ great weight is a
case of this nature : And if in strictness it cin*t
be said to justify the action, it will certainly
vei^ much extenuate the guilt.
In the next place, the gentlemen are pleased
to proceed to anew, that Masters in Chanoerv,
being, as before represented, very great offi-
cers in that Court ; the noble £arl wtthia
the bar, for his own corrupt gain, has admiNsd
persons into that office tliat were not duly qoi-
lified for it, and forced them to give ^ai
prices, and bartered and haggled for sack
prices.
This, my lords, is urged as the gpneatest is-
convenience, that men who have no stUistuos
of their own should be trusted with such laigo
sums of other persons money.
It is insisted, that honesty, probity, ui
good substance, are abeolutely necessary ftr
the suitors' security ; yet inferior persons havs
been put in by his lordship, who had little or
no suustance of their own : Thai they paid
great sums for their places, yet paid itootsf
the suitors money ; and that this was knows,
connived at, and encouraged by tbe nobfe loid
that then presided in the Court of Ckas*
eery, llus therefore could only be with
a view to enhance the price of those plaocs:
For what would not people haxard, who bad
nothing of their own to lose? Jf any pioiK
could be made, it was their own ; if any lofl^
the suitors ; for no security was given to aaiM
tlie effects in their bands.
5Iy brdii, it must be oonfeased, thai tUiMf
of arguing has.a very popular appearaMft ^^
finds an easy accen to evciy cnr.
8
93}
Jhr High Critnes and Misdemeanors.
A. D. 17'i5.
[1094
J Court of Ciianccrv mtisl be ailitiitteil
llie i^reatest courl of' jusltcc in the king'
[ und it must iue alito Atlmiiteil, lb»t the
noesii of thai Court has af lat« ye*ir* in*
pBsed, in prujiorltoUf rrore than any otiicr
II ft ; ami consequently^ much |[f reater sums
money are now (le|VO!iitet) in the hands oi'
'. Masters of that Court, than Ibrmerly,
"*' * mj possibly make it to lie %vi%lie«l, that
^ methoil might be fonoiJ out, for
' lecurilyp than boii breti formerly
in what manner this reformation is to
i made, is beyunJ the power, or ut ie^bt the
udence of any one joclafe or chancellor to de-
tiioe ; the ancient | practice of e?ery court
law of that court ; and it would he a
daiifi^erous experiment for aoy one presiding*
jvid^ to vary it : If any ill eoneeaueoce to the
iuitors attended such an atteration^ he tbnt
BUide the alteratum uould certainly be answer-
^le lor the coi)9e<]uence9 of it ; tor every sui-
~ win then «ay, Why was the ancient prac-
i varicHl ? He that made the aUeration sure-
f didtt for his own advantage ; and then every
^11 men t that in the present caae is only co-
"Fftbly made use of^ in thai ifoiild be obvious
I natural^ and be applied with doable force.
\ He that acts without a precedent, acts upon
peril of his own judgnnent t But be that
a^ainftt precedents, against ancient^ con-
liretit tmiform precedents and practice^^ is
"without excuse, and justly to be suspected of
mme ptuiicular view, in the lang'uage of the
preaent Articles,
. The «irl of Maoctetfield, when be was first
^ktrusted with the great seal, foynd the suitors'
^fcney in the custody and care of the persons
f»lio were then Masters of the Court, and with-
out any Jtecurily >^veo or demande<J for it*
He coniidereil that his predecessors were
m ■ticeession of great and honourable persons,
* equal if not greater, aa^picity and learning',
i>hity aiiil ex^i^uijoec, thsui «ny that ever had
' 'lany euuit; they found the Master* in
" liou of the suitors' money upon the same
^bment, and they i. ft tl/poi so,
I it proper or ji^ him to oppose
l^le opinion to tii i judgment of so
iny wij;e an*! ^eat men that bad £[one be*
biui? Hurt'ly, No. Inconvenieoces bad
en seen before, anti rleticionrics had hap-
nedi and tho^ deticiencirst bad been sup-
lied by a voluntary contribution of the other
listers then in bcio}'* ^Vhy was not secu>
fHy then demanded r And why not all the
Offer Mastertt then called upon to bring in their
||Beofinta, to prevent the like defit iency lor the
^■hire? If that method bad lieen thought either
Hptdeot Of practicable, n(» doubi it would have
bfltii ihm inhna t \ui\ thift livui.; then not dooe,
or ever liefbre or after atiruukUni to l»e done, is
m good argument, tbu( t expedient, or,
It iDsy b«t( poiaible to i^ ' li aift upon the
ringleautJioril^ of one Un War. And
tfw( theniifore IS a j^od exc n i omission
m iic|^l«!Ct tti tliai pftrticiiUr lu the prcg eat am.
But, my lords, it is now objected « that as
the sums of money in the Mtt?»ter*' liiind4 are
Ifreater than ever, and it may not \ie proper to
alter »tbe ancient me I bod ot' the Masiiers re*
ceivin^y^aad keepintf it fi»r tht* suitors' beneiil ;
yet cirrater care out^ht to l*e tnUt-n ot liie per*
Bons to be admitted ^la«iters, upim vacHOcies
and resiirnatuins. And therefi»re uooiher part
of the Chart^e against the bonfHimble Eart iiit-'
peached, is, that he a|>poiutetl persons to he
M sisters of the Court, that were not proper or
sufbcient either in substance, knowlert^e, or
probity «
These are said to be u1 1 essential retpiiHJtesiii
the character of every ijood blaster; hot
grossly ne^ected in the preaient cane: and a
reason is gtven, or (if 1 may presume to say)
rather iu vented, in the prfseut case, that it
waa totbeadvantai^eof the Earl impeached, to
put in such unquiilified persons > because %och
persons would be drawn in to g^ive lar^^er
prices for their places, and consequently tt re*
dounded to tbe Earrs aflfauta|§re.
My lords, i must beg leave to observe, that
in the evidence that has been jrittn, there has
not iK'cn any one instance proved {or at lea«t,
that I can recollect) that any of these Mastera
were really insufficient in any of the partirMbn
objected to, at the time of their respective ad-
missions into their ^^everal oflices ; or, at leatt,
that the nobl** Earl impeached then knew that
they were insufficient, or had any reason to
suspect it : they were all gentlemen of ijocmI
tkmilies, well educsied ; each of them a bar-
rister at law (which, I submit to your lord-
ships, is not the least expensive educaiion)^ and
bad all visible fortunes, and appeared as per-
sons in very plentifid circumtitances.
Even Mr Conway and Mr. Thomas Bennef
(who are the per^ms intimated to be the leaat
qtiali5cd iu point of fortune and substance) har|
at tbnt time very good estates in their poiwea*
sions \ Mr. Bennt-t hud ttien also a very vahia*
ble otliee, clerk of the custikdien ; bad married
a lady of considctalde fortune^ kept a coach
and decent e*]ui|»aLre in t'tvvn ; wan the sou of
sir John Bennet, though a younger <;ou \ and
the whole I'amily then sieeiued to be m a very
prosperous con<iition. Mr. Thomas Bcnnd
haM nrovetl to your lordships, that he waa
wortn S0«000/., m the year 1720. And it doea
not ap(>ear, that the late Lonl Chancellor waa
ever informHt of any inciimbrancei upon bis
estate (though now, he inys, there are tft^sl
ones), ur that bis circuinvtaocea were li^ss at
the time of hn» adinis«ton« than iu tbe year
17^0. Hurely then the late Lord Chancellor
had at that time no reasou to su^tpect his betng
unqualitiet) m (loint ol suhvtnnce.
Mr. C«»oway had also ilmi u f «rY ifooil, vi-
t^ible e«ls«e in land, an estate of <| or MnU. m
year; had been receivei ^Ttntral of ^rv^rat
counties in Wales, bad I bis otfice
punctually, and produn .iriut to the
Lord Chancellor betore udmi3i«tqn.
Mr« Kynasion had, at the time of his admis-
■ion, an ostite 01*400/. s ytor in Uad| limber
1095]
10 GEORGE L
Trial of the Earl qf Macclesfield,
[1096
of ?ery consideraUe ?alue, and a penonal es-
tate of 3 or 3,000/. ; and moreover, was a §ren-
tlcman of a very g^od family, and unblemished
in bis eharacter.
Mr. Thurston, I think, the flrentlemen of the
House of Commons do not object to in any re-
4 ^one of ih^ir reputations, in respect of
their Drobity, have been called in question, till
their late misfortunes : and as to their other
personal endowments, their good sense and
judgment, I need only refer to your lordships*
own observations, upon their several examina-
tions in the present trial.
But, my lords, great stress seems to be laid
upon the Masters paying foe their offices out
of the suitors' money ; or replacing the money
JO paid out of the smtors' oooney.
Suppose that was the practice amongst the
Masters ; does it appear to your lordships, that
the impeached Earl had any notice, or the least
information given him of this practice? Or if
he had known it, how could he possibly have
Ereventeil it? Certainly, no oth«T way, than
y ordering all the money immediately out of
their hands. And then another difficulty wouM
have occurred, bow that money should have
been disposed of? Public societies would not
submit to be under the immediate direction of
tl\e Court of Chancery ; and no private per-
son coultl be trusted with so great a sum, or
give security for it.
The Masters of the Court are in nature of
casbiera; they subsist upon trust and credit;
and no security can be expected to answer die
quantity of cash in their hands, more than in
the case of a common banker. People will trust
men in credit with the custody of 1,000/.;
when, if they proposed to borrow 100/. on se-
curity, would scruple to lit them have it. But
the objection is carried yet farther: it is said^
if security could not be expected, why were
not their books inspected, upon one's trans-
ferring to another, and schedules taken of their
cffecU ?
To this it must be answered. That the Lord
Chancellor has not leisure to attend this duty
personally. And what other person can be ap-
pointed more tit to be trusted (as an inspector
of the going-out Masters' accounts) than his
successor, who is to stand charged with all the
money and securities, and the whole effects
trantilerred ?
Can any obligation incline a man more
strongly to care and exactness in business, than
private interest? And his own private interest
will oblige hiui not to make himself accounta-
ble for more than he actually receives, and has
transferred to him. And when the sucoeedbg
Master has examined the eflTeots of his prede-
cessor, by proper schedules approved of by him-
self, they are then transfem.>d to biro by a ge-
neral order of the Court, and he becomes ac-
countable for what is so transferred.
This, my lords, we humbly submit, has been
the ancient usage aad. practice of the Court in
these cases; and tkit the tame method was
VMd bgr the pMwt £«d impoMlMd, tht
eenany way injured or prejudiosd
tended neglect? Or, would the
e, the greatest exactoeaa in thii
ive given the suitors any greats
r security ? Certainly not at all:
• let tlie effecU of the preceding Matter U
er so carefully and justly examined and
eduled, and afWr that trantferred, and
care taken, as had been formerly m the like
cases by any of his predecessors.
But, my lords, I would beg leave to sabmit
it, that supposing it to be possible that greater
care mi«fht have been taken by the hita Lord
ChancelW, in inspecting the schedules and
transfer of theefiecta of Masters to their suc-
cessors : does it appear that the^ suitors of the
Court have been 8
by that pretended'
greatest care,
particular, have given the suitors any ^
advantage or security ? Certainly not at all:
Fori - " •'
never
scheduled,
actually delivered to the succeeding Mastarg
has not the new Master, to whom these efiieds
are thus carefully and justly delivered, the stiis
power over them, to manage and dispose at hii
pleasure, as he would have had, inxase sack
transfers had been made with leas cautiaa and
exactness, as in the present case ?
If any corrupt agreement had been made hj
any new Master, upon coming' into his efioe,
and previous to this transfer, to have repaid sr
replacmi any sum of money, before bommei
by him, either for the purchase of his office, sr
any other occasion ; could not he have osib-
plieil with this, and paid it out of the suitor^
money or effecto, the very next moment sAk
they were transferred to him ? And wouM lbs
previous care and caution in any degree eb«
struct or prevent his so doing ? 1 apprebsad,
not at all ; for as soon as the Master is in pss-
session of the whole money and effects, hen^
return any part that he pleases to bis pred^
cessor, by virtue of an agreement before assdt
for that purpose ; which would be as mock IS
the prejudice of the suitors, us if what was ss
returned to the predecessor, after a trasafcr
made, had been retaine<l in the first instanoekjr
the predecessor, and never actually delivered
over to his successor.
Therefore, my lords, this security, as !«••
jected, is but imaginary ; and gives the suinr
no greater advantage than he had before ; aad
consequently tbia ought to be no ingredicfll «
complaint against tlie impeached Earl.
But, iu the next place, it is strongly urpi
that though the noble Earl during bis bi|^
offices, might not have leisure to attend liMl
occurrences, or regard small neglecto; yet the
fifoing-offof Mr. Dormer should ha veawaksam
him ; some care should, upon that attidiati
have been taken. If what bad passed belsia
was only supineness, this was a wilful ncgW;
and not enquiring into the state of his UUk^
and securing his fierson and efEscia for tka
snitors, was concurring in dafraudiiig thi
suitors.
My lords, this waa indeed a vemarkaUeto-
cnrrence : The going- off of Mr. Dormer W
unforeseen, and unsiispoeted : His peiaoftWi*
withdrawn, and out of the power of tha CsvM
but all imiginabla ewe wasldkMi la noavw
^for High Crhnes and MUdemeenori.
A- D. ins.
[I0»8
le two senior Ma*«ters immetliatety were
to ei](|uire into lii« c^O'e^t^, ipcure his
ioberi«, fttid |iiit a slf>|> to all (rnOHlerB ia lit*
What more poMibly coulil be done in
tmenreticy, hii person being out of the
cr of' tht Court ?
propM«i»i h in»cJo on bin liebalf, tbftt if Ibe
ChftnctfUor woulil 4:in|j;a|;« tliat biA liberty
be Kcured to bim^ be would return,
diacdvtr and assist to %vX in his efl'ecu.
ia is thon^hi reafioiiablet and lor the suitora^
It, Atiil accorthngiy i-oinplietJ with ; and
>r«upon the uobn^jpy ujan returns^ and not
only initkeK U»c best disco? ery of bin etfwts,
ddiverfi ;ill in bi#( |iowcr for the bencOt of
iUttora. Could any tbinpf bo more advan-
iia lo the s(titor4(> or cunlribute more to
r iiilerest than tbis ?
'Jm im{»ea<!hed Etrl had indeed |»roiiiised
»n should not b«! imprisoned \ and it
if a beeti iW big^be^t breach of fu iih lo
w «i«|iarted from it. Had not ihnt promip«e
liocn made, Mr. Dormer had not relnrneil, nor
any diacovrry lK?en maile by him ; but by t}iis
tatmM tbey had the beoebt of ibc brsi discovery
' \ he bad, ami ib« beat asatstanoe the
I ooabl (five them. He nearer dented
iraged any apfilication that wan made
tlie interest of the luilors in that res -
eiideato<ire«l to conceal the true state
aflectttand ibe omdiiion of bi^ office,
■a id the exprei^oiiM iudiMeii oti to detode
the auitor% by aayintf^ ax iiai been objected^
tbat M r; Dormer waa nnly o'iint« to taxe the
nif, nod would SOMi rii ugh tbpse ex-
lyaaixma have been ■(> irtl on, in ib«
against the imji ^H, 1 do
' that tbcy bat L Aioftc:d in
\ mr torda, to shew that the impeached
i all thai waa in hit power lo render
Mnce be oookt give the suitors ; wben
■!« was to be apfoinied * he left the
I of the office to ibe direeltun of tbe
And Mr, Edwsrda gave oo tesa
Moot for that ciffice of ftlr. Dviner'a,
'l^Ms wholly applied towards the makinff
Doiency. By this encjuiry, Dormer^i
\ was secnr^ to the Muiton ; and it
;tcd by the fiart himself, and by Mr*
t whosocoeeded Mn Dormer, that the
cy» which was then uncerUiop
I sun plied by tlie other Mactera,
I ^htf oeokf be eootifmed in tiietr officea
1 1km M eatthtUhneiit.
^ni msy pot be improper to obaerre farther in
^4i cmtk That Mr. Diirmer'a deficiency does
Mr. Dormer hajl, all tbrretbre thai he coub
reifKire^ and more tbuu con Id he got in : For^
Mr< Eduarda applying for this money ^ fonn
Mr, Wilson not afile to pay the whole de
and thereupon a proposal is made of a ooni-
position.
The Masten^ nountderinor this, IhoujQrbl propei^J
to pciitton the Liitni C'hancfUor« tbut it mt^fa
l>e referred lo the senior [blaster* Mr. Hiccr>ci(i,
to eJ(aiiune and rejiort^ wholber it wuh for the
bcnetii ot the pf-tt^ons tnititledt that a com po-
sition nhoidd be accepted.
The IVlastier to whom this question was re>»
ferrcd, report* it reasonsble ; aud an order
made, wpoo a secMmd petition preten^d* tbatil
the composition abonid be accepted.
This, my lortl«» we appMiend, was an en-
fl(9^'mK in ibiii affair with all the zeaA that could
be de»»ired ou the EarPi j*art ; no evidenoe of
any design or endear our to eonoeal the de-
ficiet¥cy : All or fiio«rl of the Blasters eonaulted
upon ibis com^HfviuoM. and eonseiited to it*
And aa tor tboM* that were not parties to it, they
are not bouud by it.
But it is objected, that this (ranaaction waa
private and clandestine between the Masters
and llie then ChSEicellor; not carried on in
ibe usual manner, nor any notice i^iven to the
suitors in reality, though a pretem^e of uncer*
tain notice mentioned at the bottom of the order*
My lorda^ we hope this cannot atfiHtl Ibe
noble lotd within Ibe bar; it is the duty of the
Chsncellarto pronounce orders in Court; but
it ia the care and duly of the solicitors or clerks
in Court to see ttiem'itrawn up, entered and re-
gistoreil, in proper iimeand form.
Thesni^tanceof the order is pronouoced by
the Court : the Jorm is the act ol the Hegi^iter ;
and the Ch:ince1lor c»n*t have leisure to attend
the entries of all bt« ofHcers.
Fourteen hundred )>oun<h were paid id U|>oii
this composition ; 1,000/. has beei hronght in
since, out of Foulter's effects: so much bs*
been secured at all events by this eompositUiBt
and the suitors bate recpif ^ the benrBt of tt*
Have the geutlemeo on the otlier tide shewn,
that without this eomposttion, any tiling
could have l»een secured to the creilitors tn ge-
neral or that any other credit<ir has obtained
more adraotageotis terms? It was said, in-
drei), that other creditors had received their full
demands : hot I submit to your lordjtbips, thai
no proof has been made thereof, only an uuoer-
taia bcmr-ssy of small sums iteut^ to j^^ive him
new ctedil al^er his firnt ttUctrudiofr. But when
the ^MNlipOsiuofi waa mailc, a good debt was
■nhiiilmg to Wilson from Uoulter, and jU'lg-
tne»t obtained against him, ami be eommUted
to the King^^beoeh prison tn exeeitlMiD. The
insralial
him to iracitpe ; ihereupoo aa
is brought, and jodgment omii
the msrahaL lor his im^pe; nnd
agninst the msrahal,
l^ieih the marslMl li
lri>gtb
to avoid mftkinf
What a '
cacape \
Is ran oitl «>f the hi
sstM<f ^x tioo.
:;x
this mmlbniios, and prtf ent Ibr joit I
ai^ of the £nri tn do the siiitom «U Ibe ji
Trial c/the Earl of Macdcxfield^ [1 100
that lie had not (j^iven full
had preTaricated with the Court ; yetlbe bM
extremity, the comiDittioQ: bin persoo, and or«
derinof payment in an avera&re, was not thaii(|;ta
of, till it was certainly known, and be bad ac-
tually confeased, that be had not aiseta to pay
1099] 10 GEORGE I.
in his power I But to whom has h.e ^^^ ^^'
fectire, if all prudential steps have been taken ?
It is hard that he aliould answer tor the conse-
quence, that he could not, it was nut in his
power to prevent.
But, my lords, in the 15tb Article, it is ob- , ^ _ -
jected to the impeached Earl, That to carry on | the whole,
his tinjust purposes, in concealing Dormer's i In the present case, Mr. Donnerwas en-
deficiency, m February 1720, he ordered the mined, discovered bis estate, assigned the wbair
Masters to bring in their accounts of their cash, i in trust for the tuitors, hut died before the oh
effects, and securities ; not with a real design ! quiry could be perfected,
to e.xamiue the accounts, and secure their ef- | In Dr. Eddisbury's case the <»llier Haitoi
fects, but to terrify them into a contribution ; i contributed at first to supply his deficiency, ■
and threatened that the cash should be taken they since did in the case of Mr. Dormer: wl
this without doubt was so done, io hopes Ikl
bit effects, when fully discoTered, wooU ii
time proTe sufficient to answer all, or nmchttl
S-eatest part of the suitors' demands : And Itai
r both cases are parallel, and orders made fir
payments to the respective suitots in gcMnl
as they applied for them. And no arenge «■
directed in the case of Dr. Eddisbary, tillit i^
peared, even by his own confeasioD,thathii«-
sets were not suflident to make good the mh
tors whole demand : and when the qoantnatf
the deficiency was known, payments werediiert*
ed by the Court to be maue m average. 6i^ ■
all probability, in due time the like order wmU
have been made in the present case: bntiM
could not possibly be done till the viIm tf
Mr. Dormer's effects could be known and »
certained, in order to fix the pronortkNi Is k
paid, in ayerage. And this, my lords, tetUi
time, through the many accidents befbre-OMi-
tioned, it has not been possible to efifed: vi
therefore, the not directing payments in anm-
rage, cannot be reasonably objected to the pjV-
sent impeached lord as cnmiuaf: bis inlenlai
throughout the whole, appears to be calcaM
for the service and benefit of the suitors oTA^
Court alone, without any prospect or poai^
lity of advantage to himself. His design «■
to procure every suitor full satisfkctum for bii^
mand : and if nothing had happened to inlenifl
so just a design, it is possible tnat his great sv
for the public good, and bis indefiti^able ii-
dustry might iu due time have bad their dflMni
effect.
But greater powers have now interposed,srf
this difficalty beiug found to exceed the wgk
authority of a Chancellor, may be tboagfalV
deserve the greater power, care, and wt'wSmi
the legislature.
My lords, what afterwards happened n Ai
case of Mrs. Chitty, is in part answered, ii
what has been observed noon the last Aiticbl
and, I humbly apprehend, that a plain MHi*
tiveofthat fact, will be a sufficient ansircrli
the objection that has been made in this i tip**
The earl of Macclesfield having no oertaiB •»■
count what cash of Mr. Dormer's ttaaMM
his successor Mr. Edwards's bands, madesidtf
for payment of suois of money from (mm|!
time, as application was made in Coort; tfj ■
particularly to pay Mrt. Chitty 1,000^ pirt" |
11/XX»/. of ber inoney which iwd bea fc«MC
irtttCtirtiaMr.DotMcttiM, lbi.a>|
out of their hands if they did not comply ; by
which means he got nine of the said Masters to
contribute 500/. a piece out of the suitors'
money, and then no farther proceedings were
had upon their accounts.
My lords, one would have thought that these
proceedings, which so plainly tended to the
good of tde suitors, could not by any artifice
have been intei'preted to their prejudice.
In February, 1720, the late Lord Chancellor
(finding Mr.'Dormer's deficiency like to be
greater than at iirkt it was appreliended) was
willing to look into the state or the accounts of
the other Musters, to guard against the like
misfortune ; and at the same time proposes to
tliem to advance money to help to pay Mr.
Dormer's deficiency. Five hundred pounds a
piece is raised by nine of them, and apniiefl
accordingly ; the last of these 500/. paid in
August, 1721. And upou the 7lh of Novem-
ber, 1721, a second letter is written to hasten
these accounts, and every argument used that
could be thou<;ht likely to induce them to it :
but the labour proved too difficult, and the pur-
suit was forced to be given over till a more
convenient time and opportunity should pre-
sent. What was d(»ne in this instance also, I
beg leave to say likewise, was following tlic
example of another )^eat man, in the method
he took in the case of Dr. Eddisbury, and that
has some circumstances less favourable than
the present: Dr. Eddisbury was always in
town, or at least within the reach or power of
the Court, and yet his person was not secured
for many years after his first failure.
V\m\ the 29th of January, 7 Annoc, there is
an onler entered in his case, (the only one we
can find on the file) for Dr. Eddisbury to de-
liver up his effects to the two senior Masters :
it recites. That Dr. Eddisbury had several sums
and securities for money in his hands, and that
several orders had been made for money out of
bis hands, which were not complied with ; and
that he declared himself not able to pay ; and
that his accounts given in were not full : it is
therefore ordered. That in four days time afWr
notice, he do account to the several Masters,
and deliver in to the said Masters what be hath
iu band, and the report to be taken in ten days.
My lords, by this order it appears that JDr.
Eddubury had several orders made upon him
for money to be paid, not in aTerage, for 0oine
iffiM^iMtdtfaQitonbti McompMairilh) mA
^f High Crimei and Mudemeanors*
tbit to iVIr. Lockrnaii, Mr. l^ockman
iu Mr. Ed**ar«l3*, ihc ju'cseiit MaRlcr, for
Hi, and iH thtfre iiL«ii|i[joinitHl uf liis
then he aj^ulie^ to ilie Lnnl CUaiif^l-
ll repre»«?nti* llie jjrt"^^ .litiealbcy
Hi untler, ittai the i 1,000/ to
ilifti jimcture of uuie. ^vuuld he of
ierrlct! ti> him thuii the whole money
te at ikay future tiny ; ibat this sum of
V if iiuiiiodialL'ly advanced, viould make
ihtor^ fQ^y ; Bnd \»Uhaut it, he iHMst in-
y be thrown intf» a cuol*
f\n\ 1o; d<:, wtf siiitl be &b1e to make out
! [Vlr. l*ocknun, upon bi» exu-
i >i it,) nud the late Chuncellor,
|]tii:e ctftnuHSiiioii and charity to thi« j^en-
I, and beiieviiitr bi« circumsinuces lo be
r€|>r('seiitcd them, pays liim the moiiey
hU uvtn (tucket ; aiid, at the sunie time,
% after, told binif that be must e]^|iect no
from him, but must wuit till Mr, Dor-
r ' ' 'itjld l>e 50I in, <»r the moQey
I ed bome other way.
u *«jjn.iion can be reaionahty innde to
fi of I b« i n t peac hed Earl' s co o'd u c t ? To
m suitor in distre«*^ ; to extend a chari-
xu 10 rescue him from I he very ^^ates of
o just optiniiit;' to receire him ; if this
lime, and to he objetitetl to him by the
enon who now enjoys his liberty » as the
ihis noble kud'9 generous but uiuteserred
f, 1 must not pretend to say that be has
virtuev.
be contrary 1 1 hope it will abundantly ap-
r your lonJHbi{>ft, even from tbia itisutice,
Di the w holesicriea of tliis noble lord'^ con^
bat he firrnl v belief ed that all the suitor*
pourt would » in due time, be made easy,
holedenmr^ ' - 1 Ti? good to them,
ifhole hiii ' f astera ai cbecr-
'"^^•1 in tL.- ^« ./.. .ic^sig-ni and con-
rousjy tu support the honour of
I.. I, ^:. 1 ilietuieiveN ii istiinr*' ihnu pro-
liattbe ftiiUir*; Hoiil have had
occanioti of coi"^ ^ nor your
|ic the trouble of iWis proKecuiion.
for tliifi end that the jVUaters were so
Mklled upon to make a reationable <*outri'
and all arg-uments made u^c of tliat
ifither pemuade or terrify them into a
^ce, in making' the Bmtor« e^ay^ until
id or methiHt could be foiuul out to
irniire Natisfjicliou, I^loht of the
think all butoue, were couf inced that
a rea«fijTiabie and just pro[i09al^ aod
•d a reftdnirsa to come itHo it \ and it
this purpose, that Uiey were bid to coo-
f thf * .Miviini«aiii-» of forfeitingf their
in parbarijL'ut.
v^tit \\H%r arij'umeola
andpresMrtJ up< I crsrWbo
fit h^ thpir couij . !)U0er by
''i' Chuuot-lior himM.'lf: he
to Nerire, n<» inulinutioo to
but a jLia zril ittr tb^ putdic gttod^
;coeroua conci£m lor tbr |fr(*'«i bt!>i that
.• to hap^ to ilac iiiitofi of tlic court.
A. D. 1725.
his figoroui iDlerpdRiikio
without
aisitiiiice.
Thin, mj lord§, I humbly hope, apnean
to lie the sole and just principle upon whicb ihia
noble lord hat founded all Ins desif^ujt and ao*
lionSf to reatore itie credit of the Co utt| whtelt
had been jfreatly injured by other men*5 ilicoti-
duct ; to procure the fuitors in j^euerul the beft
sair ♦'-"-: ''ut could beobtHined ; not partmlly
prt t ■ to another, but endeavouring to
do L... ,r o„.iijr full and equal justice iu order,
as their complaints were brought before bim.
As to the expressions proved to be made use
of by the impeached Earl, in the case of Har*
per, surely tney can have little weight.
Can it be imagiued, that after so many tran-
sactions had happeneij iu the Court of Chan«
eery, in relation to Mr, Dormer's mii^fortunevf
ancf the i^reat losses that were like to happen li»
the suitors thereby, the then Chancellor nimself
should be the only person that had never heard
(»f it I and eveu after such time as be had been
endeavouring to find out means 10 remedy so
great an evif? Could auy man oi^ leiis sagacity
than h*? must be allowed to have, coocpitc that
he could be credited, even in the Court wherein
he presided, iu sayiog (as it is now represented),
that he was a perfect stmntfer to the afiair of
Mr. Dormer ; that he had heard nothing of it,
hut as idle news, a flying report, that might be
true or false? No, my lords, that eertainhf
could not be bis mtentioo, in speakinf^ the woron
that are said to he uttered by bim ou this
occasion.
But when a piirchaaer, under the decree of
the Court, that had paid bis money in to the
Master, and retjuired uiscotiveyances to be exe-
cuted, could not procure ihe parties interested
to execute, without aciunl pa^meut of the pur-
chaae-money to them at the time of tlie execu-
tion, and that money was stmk in Mr. Dor-
mer^s liuuds ; this first brought the deticiency
of Mr. Dormer in judgment before bis lordship ;
and it was the ftrtit titue it came regularly be-
fore him in judgment Upon this he declared.
Tint then it wna u proper time for him to make
a strict enquiry into this matter; be could not
properly enter upon this enquiry, upon the uri-
certain reports ol persons about the town, or upou
any private conversation or information that he
might have received, and possibly might have
the expression of common talkers of news;
but now, that it came judicially before him, he
would thoroughly ejtamine into the wholo
matter, and cndeaTOur to apply a proper re-
medy.
Tbi^, my lords, we shall prove to be the
occa^tiuu and miuiner of the 8|>ejikiiig IheM
words, by persons that were then prretDt in
Court ; a»d thi« happened but fn DecetDber litl
was twelve- month ; and accordingly it was or* ^
dered to l»e put under the immediate e^uimina*
tion of Mr. Edwmrdi, who succeed eil Mr. Uoi^
mer iu the office, and who must ihcreibre be
fliloiittcd to be the most proper per*.oo tu perteot
that enquiry, and ahKi liecttttie ti^ yi *«& n\^«. ^:»a<^
1103J
10 GEORGE I.
Trial of the Earl ofMacde^fidd,
[IIM
[ hfti been wantino^ to proceed as far as be iu-
i tended in tbat necessary work.
I My lordSf though by tliis time, it cati't be
[f rtftooded but the laie Chancellor, as well as
r#rerj other penon helon^in^ to the law, must
f know of Mr. Dormer*** deficiency ; yet, 1 he-
llteve, that none bad then di»oorec0d,oreveD ima*
Sned how great it was ; and that even his lord-
ip« and most other persons, were persuaded,
I that whalever should appear to be wantincf fn
^'liia own effects, would be supplied by the other
f Mattera ; ov some other meiliod would be found
l«ut to prevent nny real loss to the suitors ; and
] In Tiriueof I biHpersoasiyn, orders were made for
l^ay men t of money to the suitors, as they ap-
1 plied for it^ witliout directio|f an avera^.
This is exclaimed against as contrary to all
I €(iuity ; some to have all^ and others to lose aH^
ilrlieo they were all to be paid out of one oum-
j Bion fund.
My lords, had it been proved to yott, that
^Whe» these orders were made, it had te^slly
ppearedto the then Chauc«IJor,that Mr, Dor-
ner's effects would at all events [»rove detiotent,
land that no way had been forespeu, whereby
that deftctency could have I»ero supplied ; I
most admit this objection would hare been verv
■Irong: And, in that case, lu have ordered full
paynientto those suitors who first applied^ and
kft nothings for those that came after, would
bare t>een a mauife*»t psrtiulity.
Hot this IS uot the present case. When the
k Court ordered the first payments to 1h« made,
Ht does not appear iu proof (as [ humbly appre-
P^end}^ that there would at last beany certain
E^eBciency in I^Ir, Dormer*^ etf'fct^, or st least
SBo pfettfoce of jud^'eng how grent that defi
K^ency was like to be. And cuns-qtiefitl y, the
lyayment of the whole demand to i3te nuitora
l^ihat tirst applied, does not necessarily infer that
T the re would he any loss to those that came alWr
PBis etftfcts, upon farther enquiry, might pos-
hbly come out to be more than were at ^rst disj*
poovcred *, they might pro¥e sufficient to an-
swer «ll demandti: or in ease the deticiciicy
was not very great, a inoderaie contrjbniion
from the other Masters, or, it may be, a rea-
sonable addition intended to be made to that by
the Chancellor himself, would have supplied
^'tliat defect. Aud that this was really mtended^
il apprehend that the evidence already given
[does ahundanily demonstrate,
\ Another oh)ection hits been made; That very
r«reatsumsol money bare been deposited in the
r Masters' hands wiinout anjaecanty ; and that
fiome proposals have been made lo the noble
' £arl| for securing in some measure those great
[ 9ums^ and preventing the Masters having too
I i^reat power over so g^rest a cash.
f Mr. LighllMfun, one of the present blasters,
P§rst mtniione*! the proposal; he had before
r communicated it to Mr. tloHbr^l, The Chan*
Heelior received it kindly ; desired him lo re*
r iyce it tnt« ^•riting' ; took tim«* to consider of
. k, and frequently talked with him about it ; aU
[irays skewed an earnest desire that this might
I tfOHM^ but tboiigfat the proposed sohetiie not
\
effectual. Many conanltiUiao
ihifl proposal; at last, he mmoMQt «U ifci
Maittersof the Court, the RegisteratlbeUJMt,
an<l other officers of the Coiirt ; obtaiiis Um
IViour of the Master of tite BoUs to ja» «ii
liim and them in the geneni rmrifihatkij
anil every one expected some - -♦
luiiou would have been made u^ ^J
atfiiir. ^
But the Master of the Holts tli«ii takiap»
tice til at there were other things in the Cma
that required a relorniattoti as well M this; Hi
taking notice that the ^Iasiti±rs in ChaiJcer|bl
lately assumed lo theniHeives a (lOwer ot j^i'
catnre in the Court, in oppoaiuoo lo him; »
sisted, that this pretended power of judiam
io the Master^ ah uld be g'iveii up by t^
before be would outer inta Ibe dctiale of ii
other question*
Mr, Lightboun, upcm wlio€« original pisf*
sal this great assembly was convened, naJtt
first» if not the otdy person that oppow^ tk
reliiiqiiishiohC this new tMUnaed power, lb '
he knew the conseqneuce wnuld he the
struction of the other proposittott which hii
had made.
He preferred the aSectatton of ihia
judiditure in his uHice, more lUan the
of ull ihe suitors ; aud upon this, the ip'eitft*
pectation of this solemo meeting was 6i^
pointed, aud nothing done.
What could a l^rd Chancellor do more^iM
hiis the honour of the Courts and tbc aitteiwt<f
the Huitor« tlie most at heart ?
Mr. Ligh bonn him»e1f telU yaitr birdilMi^
that after thii; \ii»i .it tempt proved uniuoccant
he began to think there was bat aoe ttollr
lord in the wotjd that had aufficiMiii spintA
uiulcrtakeit.
But during all this tinne. noihtwsr hii«l l>^
pened to give the late Chaoc> " »»
lousy ur suspicion of the dr i
the other Masters. They rr
often declared they were sun
huve thetnselvejf sworn, up^Fn i
th*'ir accounts, that U>ey were :
giMjd the balance. The noble Ea. ; ,;i.,.*-.^-
sincerely thought they wero^a ; aodtbeieM
when their accounts were brouf/ht lo htnll
order to be laid before the con ^
to his majesty ^s gracious oom
that was in his power or ca|»a«
that good design, and make tt sis<
ordert'd the Masters to speed th*'4r ii*
and when they were brought hefure
observing that tlie senior Master bad uaikt'
written his account in a full, and pjain, tal
more direct manner than tb« other Hailici
had, be tcdd them, he liked tlie |(M'id wkidi
Mr. Hoi ford the senior Naslar bad used, la)
tliought il a proper precedeal lor therasL Haf
all com^diod without hesitation or aljedlsst
no one pretended they had not sufficumi tk*
in their hands to make good their ttatanoa ; wfA
accordingly s^ubscribed lo it^tbat they weft lik
and willing to make good their respcdiri bl«
lanoes ; or lo the likti deot.
J
1105]
fur High Crimei and hfUd^mmmru
A. D- 1725
Can i1 be itDft^tned, (hAt i\m so fAtr nn<l can- manner ; ami tbe
4i4 a tntnsftciiun, ititciitjed for ilrie i»ti«raction ^ beipliteneil every
i^M* the cottncti, ami liiu i^nod aecurtly of tbe
HpiloTi, can by utiy imant b« blerpr«letl an
^^baiKisttioii iipoo \%i% mnjeslyf by tUe late Cban-
I^Blftl<»rf It waa Tor hit miijcUy'x service that
^■le ar *..Kib| be laitt ' Iv be-
sabjtfCli* CDi.iiif y in ihe Mtusters* hauti» wiig ge^
jiij w.^'iii- t^" If acktiowle<l{^fnefii« uuiler
. J'lr knew no inorethnn any
ireii ot tlie bfjnourahle pr d, qv
m}i^%s biinM;ir, tbut ibis <l u was
; anJ Iherctbre it was <v|Uaily au jni|»Oftt*
ujioii bim auil them ; but no frauJ, no
• III lb« Cbancfitor bimi^ir; wbicb is tbe
Ijecljoji i»o\v iii»(te fi^aititt bim. Anil indeed,
J ol'ibe 51(isterfi which httvel*eeti now ex-
ntntd bttbre yuur brdithipSf have, ujion their
Dce, de<7|arc«lj that tbt subscnptions thus
I to ibeir atrt^oiitita, were line, and tlial in
bpy hare ^iren good and f tfecttisl aecuri-
to answer ihe rcspectiTf balances of their
tils.
w bard a work this regulation of tbtK great
in the Court of Cbariccry wai», Uie Idle
D4)e has shewn ; and a total reforniottun
ereaftcr t^ould have prored mure diffi-
viithoul tbe prudent and caulious prepa-
n, which the noble Karl within thi; bar has
iefbr it, and which in dae time he mif^ht
! been able to effect.
Itust my hirds^ i h;tvc ende.ivoure<t (but
ry impei'tecUyt I am i«eiisiblc» and coikfu^ed-
what occurs to nte in the impeached
ilf. I ask your tord^hipsi* pardon,
iii>i, UK lakini^ up so rnucli of your tune so
'^^ftlalily. \\\\,\\ omissions I have made, I
^not, Hill lM;supplied by tbe several learD*
t^mcn thiit are to speak alter me.
ihiH VI rv trrfMt sLii^rsirtiiiii, that be-
>i^, or any
I V. ^ ^^^^ inca-
r oi the advocate ou tiie one side, nor the
aaily of tbe proaecurion on the other.
Macts 4rc proved before your lortUhipSi
vations can be equally instructiut; as
And u|}on the evidence given,
ahifia witl undoubtetlty tbrm a just
MJifiuent, I ^ 1 ' I ueto
, 1 u(»eacli«d i !iy of
I t4ic viruciei eJthibiteu a^munt. imiir
« - \i.. ».^r. }
likewise of coun-
uitwluit trnprOfier
^ lu a prDocedin^ uf so
>^n to the profe«6ioD in
I shu
diftp
ch 1 am bred : l>ut oi the vt*ry i^^reat obh
1 l;:i%r to tbc^- Eutl^ previid OU me so far
jlbrv'
House of
~%amipLion and
VOL. XVI,
w uiiHintb«, i hope Uiey witti
H, lo t)i*;ufl>e it.
i xKiliitird by the honourable
L'omtiions, cbarffo him with
estortiuu m the most oJious
learned Mana^ra bava
circumstance with this
turn
irredtt^t urt and elof^uence ; every ill
which litft acltooS) bin words, hiK very
alona could be imagined capablt; to receive,
hath been jBTiren ; suspicions and jealousies
hsv ^ si*d J and every con»Jderalion for-
(foi lild interpret them in bis favour.
TiuA, %uy iords^ was ttieir duty, as Mnna-
gfers ; and thnngb« by some, unUerlakeu with
reluciatjce^ yet, I may fcnlure to iiay, it baa
been pcrtornied by alfvvitb jfreat success and
reputation.
But however unanswerable their eloquence
msy be, we hope to be able to defend tbe Cart
aifftiiist tbe facUthey have aile^'4 ; and shew.
that they were either not done, or done with
innocence and honour. Against mere im;i^i-
uatioasr nothing can secure hiiu, but your
lords hi (is' candour and ju^tica.
The words orpbunsi and^ widows, and luna-
tics, bare been employ ed to ruise tendertiesi
atid com passion, and arm your lurd*^bipb sgainst
every argovnent wbieh we i.*an ofter. Well
was it commanded by tbe Jewish Uw, Not
to respect the person of tbe jKior, in his cause;
knowmg tbe disposition of human nature^ ami
the necessity of ^niarditi^; u.iiuM thii* lye-
nerouB weakness. Tbi« cair : paili-
cularly to be remembcTcd b) J eu, who
are allowed to be more subject to au cjkcesi of
it^ than ihone of any other nation*
The learned Ma natters hare very i^gbtlv
observed, how tnuch your h»rdshtpsMionour is
ocincerntftl in this proset^olion. I^Iv birds, it
was with lite greatest satialitctinn I heard tbecy
say it ; for ] am by it inducetl ttt thmk, that
uotwtihstanding- the zeal v^hicli has been »*%*
preased, they will be much pleaited to Hud
every member of your lordblnp!^' body inno-
cent.
It appears from the Answer, and needs no
proof, lliat the noble Earl wa^ once h»nl chief
ja»ttce of the Kioi^'s' bench; and bis conduct
in that great station will| 1 hope, be &om«
deleoce.
J may appeal to those ^otletneo who are
now Martdirt rs a^'ain%t bim, whether they have
not applauded him with warmth? Whether
they have nut ot^mmended his zeal and intre-
pidity in the cause of liberty and our country ?
riia stcttdy adherence to the Protestant Hue*
cession? Mis uninfluenced bchuviourr j^Iy,
lords, I would ask, VVbeiher then they flid not
praise and love bim f Whelber the;v did not
e%U^rm his beinff placed in that high station
(which he executed with honour) their com>
lort, their *iecnrity.
IVf y Ic»rd9, 1 bc|( pardon for replacing; those
times before your thoughts, or iur desiring
any lo consiJerf bow an accusation ai^ainst
him, supported by ntere refinemenu, wouhl
at that tune have l>een rei^Krded. My lonis, hia
cx)iprirnred nierit lAOulu then have sdcuceil.
evu ' o.
li uitOffl any evidnnce of the high
Icburncu r n«t bore while in that itatiuti, we,
4tt
i
i
<
1 107] 10 GEORGE I. Trial of tie EaH o/MaccU^M^ [IIOS
be»def this of iberilby it it at fiiMtul tahn
notice of. And as the oath upoM this aooMita
must be absolateiv confined to the choiae if
Ibem ; 10 is it evident, that the atalote iMlf
nerer did, nor was intended to reach eg caw
of the nature with these in qaestion ; aa I shtl
farther obser?e. And, indeed, with the aatfc
directed, the statute is so eztieniclj rigid, thil
i most own, for my part, I do not aaa aar
serf ice it can do society in ils foil extent A
may, perhapa, afford some proCectioa ta a
first minister in Isying him under the ohl-
ijption of an oath, to put none into any ofltee
v» ho ^all pursue or solicit by himself or bf
other.
However, 1 cannot help thinking that lbs
learned jHanager had but very small pretcaei
for the rpflection he was pkased to OMke, is
siiyini;, That the Earl seemed to bare fimt
this oath not only in his Answers, bat is M
conduct ; when it appears that he himself bai
for^ how he had cnarnred it in his ArfickiL
If he will cast his eye bade upon then, be
will find that the preamble makes mention of
no oaths, but what were takcu by the Eiri
upon his majesty's appointuieot or biro to the
seal ; and the Articles charge him only viib
fioiatioB of his oath, as Lord ChanceUor.
Hating justified the Earl's memory in tbii
point, 1 proceed to justify his conduct ia
others ; and I hone tlie delaoce he has inadi
by his Answer win liare its wei^t with jsar
lord;jbips. The Earl has insisted, » Thaitbt
making presents has been long used aad pn^
tised in tne time of his predcceasora ; tbaiHcb
presents have been reckoned ansoiigst the Hh
cient and known perquisites of the great sesl;
that the makiugf and accepting them has been
notorious to all the world, and never brfoit
looked upon as criminal, or complained of 0
such." My lords, this (as far as proof is i«-
qiilsite) we shall make fully appear by gicil
numbers of witnesses, who arc able to sp«k
to both the opinion and practice oftheEsiTli
predecessors. To this it has indeed been nil|
that the Earl may be guilty, though hb pf^
decessors hare cscapd unoeDsor»l or M-
punished. My lords, the examples we
mi^ht appeal to the great rewards his ma^
j<>sty XkHH betftuwt-d upon him: thofte Tery
IjrraceH which have been exas;genited against
him, are the noblest testimony in his favour.
Ills majesty thoii*rht him worthy of the great
sraK becaii^ he had fnund him faithful in his
other trusts. His majesty approved him, be-
cause his subjects had : it" was for their sakes
(the const am motive of his choice) that he ap-
poiiiltd him I.iord Cbanccl'.or.
This once was the EarPs character ; this
ODCG lii> merit. Tlicae were, nay, are still oar
obligations to him. M3' lords, ex|)erienced
worth bus a rig^Iit to greater confidence and
rre<lit: tliin is a rule of etidenre, and of com-
mon juMifc ; and unless the most convincing
proofs are dflcrod, your lortUhips never can t
belie re, that one who has done so (rrcatly well,
can do soljabeiy as is suggested by the Cbsr^
JiUt supposing, upon so very strict an en-
quiry into the conduct of auv great man, some-
thing amiss uas fiiuud (for the greatest are but
men, and must have failings)/ yet is former
merit not quite to he forgot. Public services
are though; just reasons fur remission of the
highest past oflences, thoo*;h dune perhaps
merely uiih a view of obtaining it : and shall
thossdone upon a more generous prinoiple,
arising from an honest, disinterested heart,
def cTve a less regard ?
But, my lords, that I may have the better
opportunity of oLserviug on the evidence
brought for the Commons, as well aa on the
arguments offered, i shall beg leave to fellow
the learned Managers m the method they took
tberaselres.
The foundation of their Charge is, the dis-
posing of several offices fur considerable sums
of money. This is the corruption ! This the
extortion ! And, to aggravate the guilt of
this, and raise yoiir lordships' intli^uatiun, the
preamble sets foith, '* That in or aliout Mny
1718, the Earl was apnointed Lord Chancellor
of Great Britain, ana did thereuinm take the
usual oath for the due execution of that bi^h
office, and such other oaths as hare been ac-
customed." And the sul»seqnent Articles pro-
ceed to charge his lordship with breach and
violation of his oath as Lord Cbancelk)r. The
learned gentlemen who had the conduct of
the evidence, justly sensible of the expecta-
tion they had raised by this aggravation, did
attempt a proof.
The Earl, in his Answer, had set forth at
large, the oath he took as liord Chancellor,
when first appointed ; and had insisteil, that he
took no other oath of office. Was this the oath
the Earl had thus broke and violated ? No, it
was not this ; but one which, by the Artides,
he is no where charged with ever having
taken. Upon the choice of sherifts, it seems,
the ISth of Uic. 3, is annually, in Old French,
read over by the clerk ; and all present at the
oonncil kiss the Bible. It is this traosaetioo
with which they would affect the Earl. But,
my kirds, it is notorious, that the statute is so
far grvwa obioleta, that in do other
ibi lowed are too worthy to lead us into g«lt;
nl V done wb4
they have done, and received what ibejr <
but, my knds, if the £arl has onU
teemed an honest perquisite ; was the pnieliea
in itself not quite so regular at firat, jfli
* Sunt tolerabilia, qu« consaetudo ooflsproML'
—Usage (if ancient) has so great authoriiyi
that it makes the common law of Engteod ;
and though with ns it cannot repeal a slalalBi
or destroy its force, which it does in other
countries, yet, my lords, there ia an equity li
be observed ; and reason as well as knmttM
must inform your lordships, that no amui oogM
to be treated with the 1
old statute may direct ; whea great cisapto
may have led him to the actioB, and a laf
connivance of hia predccoHora prooMaad bi9
security fron ceosore.
Bol Um Earl's dotooo alop aol hmj Ip
1109]
fcir High Crimet and MUdemeanors,
A. D. 1725.
[IIH)
ityt, *^ lie bombly hopes thiil the giving cir
rtcfivififif pre^nU on Kurb occasions it not cri-
ttiinai in iuelf, or by lUe conifnait Uw ; antj
^at there is noi uy nci of iMrlt&Qiciit \^\m-
^ntif«Ti by wbicb the sanai; is madfi crrtnina),
? swVjJect to any pniiisliraent.** To thi« 1fa»
eU g^itUeiiu^n liave (tivcn bui rt ry ^pw ni!
vers. Same have by rh*ft<*ric^ rri&teiid of
ao, endeavuure'ij to persuade ^otir loi^-
shi|if, th%il the »€t itself m hii^hly ifntWK and
thai the Lit r lirf it ii greattr
«od far iri' lely lh;in Kvcfi
ju*iHt- uMJi : oujfM^ liavc tftlki'fl of
Don l«Mr» aati Btalules, but hare pro^hicwi
U^l^ excofil those of I'^ih o^'Ri^h, S, arifl 5
^^^Bt»r lulw. Of aod a Ti^m^ irtfeivnces <lrai»u
^^^Bbfnn which f shhill ?^> f^^l h^^h-v largely
^^^^nsUiii^ly ; anil as tl ^ aiid ex*
^HHce of iho^ sc^iillerri' great for
^niy Taiv to esGa(>e their ohscnaitou^ to is their
lioaour tr; rti;fTve any fur tti^ir re^y, f shall
lake tf d, that siucc no other baa been
,.^<wtj.- .^ is 00 other.
My ioiil^^ ibe tirrilers upon the law of
lure have properly distineuished between
f ju<rfic«, anJ offices roucemiDg tbe ad-
-fttiori of justict? : ami not as the learned
ers haretloue, U Uh tliein tbo selling
ftticc is Qlsolutrly forbid, is absolutely cor-
I and immoral. The se11In$^ officei) is matter
» policy t varied inditfcrent^ofenimeoU,
biltited in mme^ allowed in olherg.
Anoog liie RomaQs the law iu iUn nartictilar
6«etiitted antl changed, and tiiough the sale of
ifiCii H'at i^eoerally forbid, yet it reccivetl
grenl alterations, as the emperors or the people
were disposed : when eleetioDs of the magis-
trates were popular, tbe soffragia, or vo\im of
tb« fi«0{il«, were bought and sold ; but as this
niractio« nroduced Irequeat riots and disuiilers,
freiiaent lawi were made to restrain it, which
j^^stili extant, and part of the ttody of the
however y alt proving uoAuccfssfu),
Bf9 Wik oeoaaioD frotti it to usurp
he people, and natne the tnagistrntoa
elreii: Una trantilalioo of authouty cor-
^, Ibe hi^ntftt to courtiers, and other men
'ji power, wlio took a sort of brokage for their
it. Theodoaiua the einpejor, so far gave
dance to lljis practice, thai he even ai-
l«o action for the recovery «f what was
for pmcuremcnt <d uuy place. In
loftimetJie eiDpviorM thtTunt'tvea par-
Ml ind look a share ol thijt udrautogv^,
^introdMc^J a distinction of *' ^ulfragium
atum.'* ** SoflVagiuin pri-
ilahatur ',^^ and ** Iloini-
' ' js raiiouibus infer*-
'I 4« i*t'll as the prac*
Vt. '' • * novels of
juiunian, ulutety lo
Evaiii foi L,_ i.,:,^-, liccs- Id
Ml 141 » It i§ said, '* J OotQioMsa
Miflra^aoiaiftiuio ntfiltliur MiK'ninu*
luuj ;'' mi' iUoo,
have varied in like manner. Sofnetitnes the
salt] of ofn< ^^ t* •»< titrmitted, sometimes forbid ;
hut 4tt pi I lor this lavt century, it has
hfccn «,o J i^'ed, lh*t o^Bcerit retain ti^e
right of resign i^t ton even in succes^icm, and
trau'^mit it to iheir heirs, in case iboy haro
paid the anDual tax or duty withm the year.
1 mention thii to shew what itie opiviion baa
been of other governnieDls ; that thev ha^e
not t'sleemed this practice no htorhly cnmiualt
or unreasonable; and as ' h^ nei-
ther buve we: ^br n %vhat
has been urged with so tn .utiy ; (ac-
cording to my poor a['| ) thai very
statute uf l^dw. G, so mui.ii m^i^ied on, is the
sironge«t proof which c«n be gi*eo, ntdonly
that io particular in«t^ncci» the sale of ol^cek im
now permitted, hut that it was in general be-
fiire that MUtute, by the common law of
England, This statute in sect. 3d, etiacls»
that *< all Imqj^iiijif i^tes» promises, <&c,
shall be void/* And \et by the sect. 6, it
ni^ikes prOTiskon, that '** it shall not extent I
tn any bargain, sale, gift, grant, <*^c concl oiled
and agieed before the 1st day of lk|j»r<.li
next coming, but iliat the same ^ '\
sale so concluded and atf^reed. ^< s
ren)ain,contiuuet Audbeiasoch full r ri u,
andelfeot, as iftbiii act had nc»er I i i > ^
made/* It har^^ains and sales, ojjurcU httufe
the Ist of 3f arch, are to coutinue in such force,
Sec. as if this act had uever been made, the c*m*
setjnence to me seems certuui, that those bar-
gains and salt^ hsd force, and that they went
iictbre etfecuial and Itgal; for other wW the
provision wiiuld l»e jibsurdand ridtcnlons.
llie 7th ycctioti of this statute still goes fur-
ther, and makes a perpetual provision, that
** This act, or any ihuig therein conljiined,
sh'jll o«>* in any wise extend, or be prejudicial
or hurtful in any of the chief justices ot il»e
kin^*3i courts, commooly called the Riug*s-
bench or Common I'Iljis, or lo any of the jus-
tices of the assize that now be, or hereafter
xhati be; but thai they, and every of them^
may do in every behalf, tiiucbing or ccKiL-ern*
log any o£tice, or oIliceH to be given or granie*!
by llrm, at ihcy, or any of them, might
biivc d'ine before llie making of tliiii act.**
If this statute be explanatory of what the
common law wai before, and as fuch it was
iuKrHlt'd tm, it is certainly imjiOssibU to doithr,
but that by ttie common'law the ^le of others
was allowed: ** The chirf ju^tice«, 5iC. may
(touching their ofiicei) dn ss they mtght have
dune heti»re;'* Ibisi »ct lit to piwent ilu? sa|f* of
nfij^-e*, and yet not of their oUices : Ihey lia^l
been used to bargain, and sell them, and Mill
may do it, lor thin act in uvi to be iit any wi^e
preiis * ' ' ^r burttui, to any of them* Thi*
ts t ea&e, this Iht very language i»f
the ^,. >.,...
But t humhly cnQoetve ihbt ihi« provision U
not only an evidence uf what \ii^ cummon taw
it^elt ^ai., but tioit the act o( Rich il, M
which 1 bet ore made uieiAtio«i} conUl uef fr be
mteodcd bu rtach oltoi of thi» uattire i fU 90
I
I
nil]
10 GEORGE I.
'the 84^ of Rich. 2, directs an oath, which the
chief justices, &c. are expressly required to
take, can it he imagined, without the greatest
extraFairance of fancy, that the legislature
should be so very forgetful, as to guard and
secure to them a nrivilege which they could
never exercise without the highest perjury P
ThiB, my lords, is the only statute, which,
as 1 apprehend, any way concerns the Charge
brought iiguiuKt the noble Earl : but dfies this
statute make the sale of offices criminal? Does
it direct a punishment, or even by any general
clause forbid the practice of it ? It is true the
bargains are hereby made void, the person who
sells, docs lose his right of nomination, and he
who giv(>s or nays, is to l>e adjudged disable in
law to have the office. My lords, these are
the discouragements wliicn the legislature
then thought prouer to lay such bari^ins
under, these the only penalties ; if the Earl has
by his condnct done what this statute disap-
proves ; if he has bargained and sold offices,
which your lordships judge within the statute,
and the constant usage of his predecessors will
not give protvciion, the statute points out your
lordships' justice. Rut, my lords, this unfor-
tunate great man, we think, has already more
than satisfied this law ; he has resigned the
seal, and yet stands impeachetl before your
lordships.
Ofleiices are to be judg^ed of by the penalties
and punishments the legislature lias annexed :
for in determining the penaltirs, it determined
the sense it had of the offence: when penal
laws are made, it must always be supposed,
that a consideration was had of the malignity
of the act forbid, and of its influence on society,
and that the punishment directed was esteem-
ed adequate and just : by this rate it is easy to
guess what the legislature thought of the of-
fence of selling offices. And, indeed, it would
have been (if I may use the expression) unbe-
coming the legislature to have inflicted se-
verer ])eiiahie8, while by the same law it per-
initted the first judges in the nation to do what
it sec>med to condemn in others.
When a law is once past, the transgressor of
it is subject only to what that law directs ; to
inflict a greater punishment, would be desert-
ing law, and acting arbitrarily. This observa-
tion \\ ill hoid in every instance, in matters of
common justice, RS v^ell as public policy : to
fbibid to rob, or murder, is only to enforce what
was always law ; to forbid to sell offices, is to
lay a political restraint on acts indifferent. And
Yct in the former case, to punish the offender
beyond the law, would be unjust and arbitrary.
Are prohibitions merely political more sacred ?
Or is a trespass against them more severely to
be treated, than one against the law of nature,
the law of God ? No ; your lordships (I say it
with submission) are the supreme judges of
the nation ; as such, the supreme judges of
the law ; for by the laws vour lordships always
judge : it is the peculiar blessing of our uation,
to have certain koovra laws to he the guide of
-our aotions, aad the BMature of oor paniih-
Trial of the Earl qf MaccUffield^ [1 1 13
ments; to tecnre to us this bhwing haalweo
the labour and the glory of oor aDoestors.
For the sake of this, the Revolutioii ii beloved;
and for a steady adherence to this nerod rale,
his majesty is esteemed the joy» the nfety, the
liberty of his people.
I beg pardon for dwelHn^ lo loDg opoo tUi
subject ; but the honourable geuttettiea of tht
House of Commons having made the tile if
offices the foundation of thefr whole Chaift^ 1
thought it of some conseqoeuoe to profo to
your lordships, that it is no wmyo onmindl ■
Itself: and, my lords, if it be not uiiniml,
where is the corruption ? Where the eztortim?
Is it in the manner of receiving fMreseiitg ? Hi«
that was, the learned teijeont of coanni wtk
me has already given your kHtbhipaan nceaHl;
an account which, we hope, does sufficiently j»
tify theEarl against the imputation of hagghif,
or of screwing up the candidates to what thqf
gave. Bat as these several Artidea will K
more fully spoke to when we come lo prodoci
our evidence, I shall pass them over with tt
observation or two. if the Earl bad so grata
thirst for gain, and was so reaolotely bent to
amass such excessive sums of money, it is to
me very strange, that whenever bis opfmta-
nity offered, and he had the free and full disp-
sal of an office upou a vacancy by death, ht
should alv^ays receive a much leas torn, tha
what, from the very face of the Articles Choi-
selves, appears constantly to have been paid hj
Master to Master. Had the Earl pot ik
office up to auction, or even insisted on a priee^
is it probable that he shonid not be able loi^
tain one as great?
However, as f pass, 1 cannot help takiaf
notice of the circumstance with which the i^
tide of Mr. Tburston^s admission is introdoeii
** That Borret died insolvent, gremiy indeM
to the suitors, and the said Earl did, withMl
securing a justsatisfaetion, ailinit him.*' Ysv
lordships must have observed, that ihe Eadii
uot so much OS charged here with a luioiilcd||pi
of this insolvency ; and, my lords, knowlcd^
only can create the guilt. ' If the Earl did art
know ir, can your l6rdshii>s censure him? K
Tt be asked, why he did not? Mr. Godfrey,
who was produced and examined by the Masa-
gers, has already give a full answer: Mr.
Godfrey was most intimate with the aflFiin fi
Borret, and as such was directed by the Eari to
inspect them ; he has deposed. That be toll
the Earl, he thought there would be no dvfi-
ciency in his officia ; this (your lordships OHJ
remember) he said was his own sincere om>
nk>n, and he gave gooil reasons for it Ifr.
Borret had a very good income, repoted ¥Xli
per aon. besides his place; lie had lateljr flsar-
ried a wife of fortune ; his family lived withhii
father-in-law ; and he himself a man of nooh
pence : My lords, Mr. Godfrey toM ton, Is
was so fufly in this opinion, thatwocBllr.
Green, the deceased's nnele, made a
of a dMit,he was ffreatly surprised, not
ing that he had owed one sioflo f
Whence this deficiency (if Um li f»j) mm
fur High Crimes and Mindrmeannrt.
1«I3]
I tctt : btitf my tords, thtt falAl ymr of 17t20,
not w> long pAst^ as to Icat c us qaite without
tkjrcture ; 41 )i'ar, my lortiK, wljen the cotita-
a5j so vkrtiieni, ttiHl w^rc« any »iriue
m1 ; and those who sunk ajider
; deserve our |niy, as sid iu-
ut' liuiiiAii fi-nilty : to this year the
Iftften owe Itieir whole dtstre.<^s aad to them
tlie Earl I though innocent^ this aggravated
,lJiaariCe: hut, my \^t\U^ ^u^posin^a deticiency
itbb office* and knoivn too by the Earl hini-
wbat satiatkL-ctuu to the suilora whs froiti
I expected? What could he possibly se-
! t There is hut oue raetliod : which > I
i(»r, he wiU not, bj the Managei*?!, he thotiji^bt
'-niiial iu not taking, sidc« it ia thai, which
ey UiemseheM coodetno aa illegal and cor-
rupt.
^Jt may be expected that I should shew some
^mrd to the i>()i Article: but aa it is that
^Bteh the learned fjeiulertian made choice of
H bei^ti with, 1 apprehend greater difficuttiea
Bfeu 1 «ee ; and therefore ahull lea re the con-
lideraiion of it to tho<*\ wlio are much more
a}»le to i^urnnount them than myself: but i
Ilk pardon, thut I cannot reach a dia*
'» on which great !itre«» has been bid : It
li4M (jeen uhservtfd by more than one, that, in
tbia case, the money wai paid fr*r the reai^nalioo,
\ not for the aclmuismii, la there any real
ference* whether the buyer or the seller pays
eomplimenii* Must it not he auppoaed
•t ii wa^i coufitdered 10 the bargain, and part
- it? Or is it imatrincd that a ^pr^%Vst hard-
Kp waa in this CjiKe done Mr. Thoraaa Ben<
I, by a ieuming ol^struction of his mclination
jfart with an ofKce, when in tact the Earl
ild not hinder his resigning it? For not-
h«tanding the obsenraiion made by a leamcnl
jjtlfmnn, that the Lord Chancellor was the
'\ and therefore a repi^nxtjon Kithe
liie same a8 to htm 1 yet am I from
Yiry ^rent ahititica persunded to lieheve,
thai he is not ao enttrely a stmo^er to the
ilimf^ht of that high office^ aa not 10 be able to
4liatin£uii»h the crow n from the aeal, and to know
'*' • ;r; ninny instnncf'« of patronage they nredif-
the l>*ird Chnncelb*r l>ciiig the kin^f's
* r-Mt,MiJ4»ion ti.> hmi may m "iome cases
A in law to one made %ii the croun
< ter c contrittio. Aa to this parti-
nnd indeett to many others of the
iff Nhall make it fully appear, that
lui ntii if himaelf is in the nomitmtton
t vii, \et ban he always l>een under
i» liition of the seal, and baa as
, ^tri ackuowledgmtnt to the Lord
- llor.
ihc«c chifgea ore built the whole of
' Artielea : erery exprFa«»ion, e? ery
oonild bear an anibiguity, has
*'T ♦ u n n crime. The Far! ha»
ofBceSi lit»« ami in tliere-
A-D. 1725.
[lUi
ria after V
;iiaat
But, iwy lords, before I proceecJ to try parti4^
ctilari tipOfi thin bead, I mu^ beg your lord*^
ahipa* patienoe to compute in general the very
BDiall adfaatJtgc the noble Earl could propose
by the scheme tlic learned gentlemen bare pro-
jecjted for him : the office of Lord Chancellor is
precarious, and onljr' during pleasure : the king,
for bissuhjecta^ welfare, is jealous of every mioisr.
ter, and ready to remove the greatesit favourite
ufHin the ver}' first offence ; and upon this <^m-
lingency, what wouhl the chance of diaj>o»ing
of a Master's place be north ? A rery triHe ; I
m-iiy boldly tay, not so much as what he hai
refused the opportunity of gaining upon every
com p I ele V acancy h e h as d i %] losed of, Anti can
your lordships au^pect a character once so dear,
once allowed so worthy, of doing auch litile
things, I should say, such baae tbingi, for no
advantage, and yet lo promote this illrgal and
corrupt gain on which bis heart was eagerly
set ? The noble Earl is farther charged ** wiifi
having admitted several iiersons to the officea
of Masters, who were at tne time of amall sub*
stance and ability." Against this there lay an
obvious objection ; why persons of small sub-
stance f VV' ben the Earl might bare, and in-
deed always had, when of bis own choice,
otljera of sufficiency. Wherefore, to nmke their
Charge consistent, a fraudulent method in sup*
posed to be introduced, of paying for ihetr
plai^^s out of the effects of the Court; a method
best suited to such per»<.»ns: butyour lurd^hips'
justice musthav€ led you to ol^erve, that rbf y
no where so much as insinuate, thut the Earl
knew them to have been as charged : they
were aensdile of the proper caution be had
taken, and (as it will appear in evidence) that
not only preiious enquiries were always made,
and none admitted, who caute not well recom-
mended, or persoiially kiiowi> to the Earl him-
self ; but that when several candidates have of^
fered, his lordship has been so unniindfnt of
the little views he is supposed ever to have
acted with, that he has constantly preferred him
he tlioui^ht the worthiest, though the present
to the Eiirl was far less than wTiat others gav6
him expectntjun of. This Kurely, my lords,
will be enoiigli to vindicate his care; and
though It Kbuuld appewr, thai he was deceived
in any bui^le iiiTttance ; nay, though tVie miin
huTi!«elfshouUl be the evidence of his own de-
ceit and fraud, yet 1 hope« my lords, such per-
son wdl have his full eofiipltitienlorcredtt, if he
is believed 10 tlie character he gives of himself.
Bnt to make »otne excuiw? for the Earl's ijood
opinion of this Mr, Thomas Ben net, am) his
circumstafK^s, I must observe, that it is evi-
dent troui bis own account which hei>t upon the
table, that whttn he was admitted, be had an
€^tute of htf'tifeen 5 and 6OO/. p^r ann, hr had
l>e ides afi oHice for life of '250/. per aun, be
kept hi»i coach » und I ben hvei\ in i^uta*
tioii. However, 1 muHt confess, that in far-
ther proofof his great integrity, this geutlerttan
hNs ilf po^rd, that part of his entute w as then
mortgaged for more tlian it was worths I
fhouM, upon this tMreasioo, pm your lotxlshl^
i
1115]
10 GEORGE I.
Trial of the Earl ofMacdeffidd^
[1116
in mind of what hupiiened upon tills gentle-
man's confrontation, because be has h&sa sin-
gular in his evidence on more liu^ts than one;
but we shall take another opportunity of dis-
playing this worthy person's Teraaty, that
your lordships may Know how much regmrd to
fiay to him> ny seeing how little regard he has
or truth.
As to the schedules, the neglect of which is
made so criminal, it would be enough to say,
that the taking them could not prevent the
fraud complained of; for what would be the
difference in deducting the sum agreed on for
the purchase upon the transfer, or repaying it
the minute aiter ? And if the new Master is
really able and sufficient, where is the iqjustice
done in either case ? But we submit whetlier
such schedules must not be made b^ween
Master and Master: For without them theur
accounts cannot be settled; and as it is for
the interest of him who succeeds, so is it for
the security of the other wlio resigns. But
supposing the practice to have been asdiai^ged,
and their transfers were not complete, the only
oonsequence I see is, that both Masters are
bound, and the suitors have by it a double se-
curity. It has happened so in the cases of both
Mr. Iliccocks and Mr. Rogers; they impru-
dently retaining the effects of the Court, for the
sale of their offices, have thought it proper to
petition the lords commissioners to repay the
money: So that some good fortune has at-
tended this practice, ill as it is; the suitors
have by it cot so much money more, than what
otherwise they \i-euld have had. *
My lords, when Dormer's affair (though suf-
ficiently unfortunate) is considered by your
lordships, 1 hope that the noble Earl will not be
thouebt to have acted otherwise than as became
his character : Upon theGrst notice of the mis-
fortune, the Earl took all possible care both to
save the effects, and secure the office ; he sent
the two senior Masters to search his chambers,
and to stop the transfers of all stock which
stood in "his name in any of the public com-
panies. My lords, had the Earl had that eye
on gain, had he had that apprehension of dis-
covery which is represented, he would scarce
have taken this last step, which must and did
make a suspicion of the office public : When
Mr. Dormer wasreturned^and upon such terms
es the Managers themselves can't say were un-
reasonable to grant to one, whoso person was
out of reach, and whose effects and accounts
were in the greatest confusion ; His liberty was
all he asked, and that upon condition only of a
full discovery and a fair assignment of all he
had ; 1 say, my lords, when Mr. Dormer was
returned upon these terms, which we hope he
has honestl}' performed, his office was sold, and
every thing done, not to conceal, but to supply
the deficiencies. I would not enter too mi-
nutely into the composition with Mr. Wilson :
It will, 1 conceive, be a full and satisfactory
answer to the Charge, to observe, that as the
suitors were not parties to it, they can no ways
be injured by it. If ^the composition be pra-
carieus, triffihg, and unjust, the miitora are still
at liberty to proceed: If more coald be had,
they still may hare more ; but till oiok b re-
covered, it must be admitted that the littlci
which 18 gained, is owing to the oompstitiQB.
Had the suitors been parties^ the order so nodi
complained of for its irrsgiilarity would ost
have been made without a notice ; hut as Mr.
Wilson, whose particular intersei it was to ban
them parties, did not desire it, we appreheid
the order to be in the usual manner. My kmii^
the Masters (as is m evidence) having u aam
measure engaged themselvee to make good lbs
deficiencies, u any should happen, the £sri
Gouhi have no reason to doubt the iiwtice of tbi
proposal of Mr. Wilson, aiVer Mr. Hicoocb
baci reported it, and Mr. Edwards, the succsmw
in the office, had prayed the Earl to order km
to accept it.
It seems, my lords, a Tery forced and aakisd
construction, which the Articles put upeo ihc
accounts his lordship had required of lbs
Masters ; but the worthiest behaviour nay be
thus misconstrued. The Masters themielTci
had made the proposal of contributing, and il
will appear that they all (except Mr. 1 4ghtheas)
did pay their money voluntarily. What sees-
sion then for such methods as are suggested •
terrify and oblige them to this contnbulin!
Is it in proof that the requu-iog the acosaM
did influence one single Master ? No, my kid^
but on the contrary, you will find that the m|-
ment by the Masters did not prevail on htsM
diip to desist ; for it will be io CTidenoe thitthi
Earl still persevered, and that by the EaiTs i-
rection a letter was wrote to the Masters, ste
the several payments were made, eomplaiaiif
of their delay, and requiring their aocoooH^
The Earl, indeed, upon representations, did a^
terwards think the method impracticable, which
he is the better justified in sayiug, Iwcaosede
very same method hAS been since touad 0
by the honourable committee for inspedil|
their accounts, and departed from as such.
Upon this subject of Dormer's deficicncj, 1
must beg leave to remind you of what Mr.
Edwards told your lordships, lie said, "del
they were all of opinion, that the deficieacy
would be made up ; and unless he had believid
it, he would not have entered into the office."
If Mr. Edwards, who was so much concemci
was in this persuasion, why might not tbe Esd
too with innocence.^ And, my lords, thispa^
suasion, thisexpectatiou, is, I humbly coooeif%
a very satisfactory reason why tbe Larl, hsd k
been obliged to have declared an average cr
officio^ in common cases, might be excused ik
doing it in this.
As to the cases of Chitty and Haqier, vbcs
the circumstances which attend them aretf
before your lordships, the inferences draei
from each will appear equally unreaaionaUi:
For the Earl can no more he supposed to bsft
intended a concealment of Dormer's defidsa-
cies by tbe order, he made, after ha had si-
presaly mentioned in open court the several a^
cidcnts by which they had hat>pened| ihaa At
1117] Jtr Higti Crimes and Misdemeanors. A.D.I 725. [ U 1 S
Ibcmselvefl confeM, Umt tie but borely recom'
nModed tt, M hetttg nimt their senior Mftfller
bftd mar{€« «tid belter intono IliainsortiRCitbrri,
which weretheu prodaccd. He ii«eil no nr-
Ifiiments, hepres^i^d them Dot ; and they, Itonest
mea (as they thetnsd^es hare deposed befbr*
joiir ionlitUijitj) made no scruple or nbjfction
to it. 1 beg^ pardon : 1 fiboulil do juvtice ta
Mr. Tboroas Benuet^who I think had Ms scrii*
pie to the wprd ** demoostration.*' Ho tttat if
hilae rep reseiiUt ions have been made,Uii^y ntio
have tDade them are the guilty ; they, and not
the EaH, have deceived the coutusii-boafit |
the action wn» tiieir own, free and iiotolicittd*
llnU tny lords, not to detain your lordsbipt
longer ; one of the feanied Managers geeme^
senfihie of the force of one eridenee we hare to
v&er in vindication of the Karl from the charge
of avarice; aud therefore, without denying •
public fact, he was pleased by his eloqoance to
try, whether he could not brinif charity itself
under siispieicm : whether he could not coo*
found the difference betweeo tiie most worth j
gmerosity, and the luxury and debauchery,
atid the nots of a Catiline f What iiiDOoeiico
is secure a^inst the power of such eloquence f
My lords, had he not thought this a defenc#r
aj^instthe rery foundation of the wboIeCharg-e,
he would not liavc surprise*] us with such ati
answer: he well knew that the Earl coutil
have orphans and widows, the poorer clerj^y^
and the youth of the Univeraity, to appear aod
acknov^ tedjre their obligations to bitu : obliga*
t(«ms made greater by being unasked ; 1 can-
not say uaexpeciedi liecause every object in
distress within his knowledge had reason to
expect relief. I would ask the learned gen-
tleman, whether expenoes of this kind wer«
part of Catiline's profuseness?
This, my lords, wilt be an answer to thetr
eA-repeate«l imputations, and mont clear th«
Earl from alt suspicion of ever having acted
from snch sordid motives, or from any thirst or
impotence of gain. Is it likely that he should
enconragpe the hi^^hest villainy to ratse a sum,
and then apply it to i^lieve me poor and th«
dtstrest T Jn it credible, at the same time, that
virtue Slid baseness should thus jointly govern
him f Hard I f rid^^etl^ is the condition of the £arly
whoti bis very virtues, when hia most com-
mendable actions, are turned to bis diagrtetand
injury ! But, under all^ it is a great saturfao-
tion to hiui, thai your tordUiips are his judges;
and he submits bit whole conduct to your
justice.
Com. Serj. (Mr. Llagard,) My lords, the
gentlemen timt have gone betore me upon this
oeca^iofi, have 90 fully opened the nature of tbt
iM»ble EnrFs defence jo geneiraf, that I shall ttol
presume to take up any more (yf your lordahijta'
time, by following ihem in th»t method ; out
shall couftne uiyiiuJf tu the Fifth, Sixth, Se-
f«nlh, Eighth, and Niitth Articles ; snd thall
b«g leave to inform your loni^ihips whst w«
have to lay before you, in relation to ttie mat*
ten contained io thoso Articles, But b«foc« \
nonld by the payment of 1,000/r to Mr. Lock*
■Mil* WliPO he tnht him, ** '4'hnt it wouhl be
llielaist payment Mrs, Chitty was hkcfy to re-
iire« the residue being in ^rrat danger from
tiifr's deficiency-** Hut when we prove to
the V9ty gtfwi dt»lfes» Mr. Lockman rc-
" ed himself to be in, your lordshipi will
»i fiord that the money was by the Earl
. I ri uihcr motr ve^ than a generous
I *'i te rt^nl to him : ThU at that
nt' w^s Mr. i.n<"kmairs »r* 'fit; this
► ha% often since aokuow I ugh upon
t examinitioB lie v. i lu cUim it as
\ ri«flil, atid own no
* think It Will hu (1 viMMii,, ,-»y» it ia already)
full in pi oof, that the rlarl desired a
onirh rpfomintion ofhW Court ■ and tboujjh
rslties have I it, yet irurrlj^ my
it rnmioi fi . (i to any omission of
jt! f! charge would place It. Thfr«
<h , , not only with regard t*) the
Slurw uml iheiracconntJf, hut Io their jurisdlc-
inud priviksf^s. Difficulties of such a nature,
f the witnesses thought tbi?y required
I resolution to surmount ihcm. If the
fclLarl had not » resolution quite sufficient,
^ht perhaps he his miafurtune, but surely
it fault. But what propo^cals of security
latto^ could po«»ibiy make, which they
sd useful or eonveuient to themselves,
I BsH sh(»uld refute, 1 cannot conceive.
from ihu seh*»me on which the
vge is founded, thnt their interest had l>eeo
^ ha*I \h^pi\ one, and what served their
jtrpose mi i-ved the EarPs ; and jet
' we art mirary.
w tbt gentlemen have made out
tv#ral r rt*s, muiit be considered
we are upon tlieir evidence to that Article :
only observe, that no permission or en*
litragem«?ijl of the EarFs hai i' 'I. by
liich they are increasetl; that jins
I compelled into court, by any onu-v he has
made, to advance their olHces, nor any
ianoe given by bun to any one ill
rikr the Earl iw ^-W'^*^ ^.r ot>^rneting ih^
r bis majesty I l, or how far
instrumentai t . ! li,' the eouncil-
I, we submit upon thetr own evidence : it
s, thst St the mcfiiuir at Mr. Edwardt*s
e, all of ihcm declareif they were abie to
erthfir ^**veral balances; and when the
i-e signed, fhey were Mieveil
I declared themseWen : if ihey
, whcic wan the fraud in the proposal to
L taoti other ? Or how couhl it be under-
mnke a falw appeiriitce, wtib pro-
raag^, or eofrniMmjufticef fiulit
lie, 3iat this advtr*- V -t — rr fair
, was not gfveo by ti it by
_bafn, sod without i,,^ piiv^y Jr
'sod oi^msioiiaUy tn eoiifSTMtkm
iters ; afnl n« to th«' lubseripliim
I; d. my argu*
tibt f be pr«is
or iwtm 4mn th«m to sign tt '* lie, Ibey
i
4
I
1119]
10 GEORGE L
Trial nfthe Earl tifMauk^td,
J, I shall begf yonr lardships* pertnistioti
\ l*r» QUt of cliose Artictes, so tar as shortt% to
obftrrre, that in the preamble hi the Articles of
Im|tejichmeiit, where the ^evi^nt fa fours ooiJ
•dtraulugnes^ which the noble Earl at ihe Imrre-
Gei?eii from the crown, arc enuinerdtetlt thow
which were the peculiar marks nf his mnjt-*sty *fl
royal boiiuty to him^ and those which wet^ the
ordinary benefits and aUominces, which the
£u.rl enjoyed in common with his preilecessors
in that office, are m blended together, and set
in such a hifht, that at least it gives an occa-
sion to luiiiake some of the latter sort for those
of the former ; if it does not amount tuau insi-
ntiaiioD to that purpose, in order to enhance tlie
particuli^r advauta^es which the noble Earl has
receired»abofe what they really were.
My lofds, I should he iojurious to that noble
lord, who is posseted with seulinieuts of the
<ie«pest c^ratituilc to his atajesty, should l en-
deavour to lessen the instance? of his royul mu
tiiticence towards him : and I purjioaety omit
iiientioninf^ any thing of the noble Earl's merit
upon this occasion (though I humbly appre-
henil Uiut I ahoutd be thought very excusahte
in so doint^,) because 1 am sensible, that he
chutes t') owe every thinfr purely to bis ma-
jesty's ijoodriess ; yet as he has {very projicrly
as we humbly apprehend) in his Answer, set
one of \\wsit mailers to its li ue li^ht ; bv in-
formiot; your lordships that the annual allow-
«Dce of 4,000/. per annum, mentioned in the
preamble to the Artidejf, atut which he admits
to hsvc been granted to him, during the time
be should continue Lord C ha nee f lor, is uo way
particular in his case ; but that the same haSf
tor many y^v\ts past, been constantly grranted
to, and enjoyed by his predeceviionj ; ^x^e me
leave, my lords, for a proof of what is so in*
aisted on, to refer your lordships to what ep-
pearii upon your own Journal, in the case of
the lord Somers, upon the Impeachment ex-
hibited Bn^ainst him by the House of Cotumons,
for Hii^h Crimes and i^Iisdemeanorii ; where,
in the introduction of the Chartre in the Eighth
Article, this appointment of 4^000/. per annum
to him is alleged in ag'gntvation of that Chari^e
against him. HislordsJiifi by hi« Answer there-
to, admits, that diirin{|^ hisi custody of the s^reat
sea]^ he did receive the protits and perquisiteu
thereto beloniring, which before hts time wero
become very incoobideriible ; and that he did
also receive an annual allowance from his I lien
majesty of 4.000/. per annum, b«in*» the hke
pension that had been alloweil to several of bis
predeces!»ors. Tliii, we humbly apprehend,
plainly shews both that this allowance has been
usual J and likewise the reason of makinyr uuch
allowance ; which is the inconsiderablenesfi of
the ordinary protits and pertjuisites belonging
to that bijf h station.
1 shall now proceed to the Articles T pro-
posed to speak to; in which the matter^ which
IS charged as crimmal upon Ihe Earl, is, That
ht» did illegally, corruptly and exiorsively, in^
mnt upon, take and receive, the several sums of
moaey therein respectively menViooed, Vov vHe
admilting llie several
Fifih. 8ijtlh, Hevenlh, aiid Et|rhtli
l>e iVla»ten% of the Court of Chatkcvvy ;
small variation in tlie Ei^^ht'
of ags-ravatiou, thiit tlu re \n
that office, wliich is there tak
tor permiitiii(< Thomas Benn ^ all
in the Niolli Article, to rcv^ . „ , nffii
Clerk of the Cu^tudieii ; which ia agrctftl
a charge much of the same nature with thi
the fot»r pntoeding ArUclcH ; myd is atle^ ts
be againi»t the good and whole:kkai« [aw»
stututes of this ix^alm.
it has been Ktrongly juxi^tei) on, liy Ihe
ticmea ap|N>ioied to manage thi» pr<
that ihiii is a matter which is Hiuliun in tt^
const quenily a crime at comiuoti Uw, ■»
as e\i»ressly ai^.iinst tho statute of 18 itclur4
C, aud6ihof Eldwurd 6, amJ tio tneaas, list
could be thought K\i\ have been wraoting to ft»
present it und^r all the !)^ >^» ».r. «,....♦..,- —
cumstanc«^s, nod in the g>
ful appearance, that the L _ I^-l ^-._,.>, .
give lb
IVfy lorfk, the Earl, by Uis Answer, di
that \)e did at any time im\%x upon the tw
105/. or any other sum of inoucv, to pensiiii
accept of the resit* nation of Tbotnas "
mentioned in the Nintii Arucle; or did
to permit or accept thereof, uuiii the ^d
mai» Bennet had agreed to pay the H-^(tie,or
other sum of money on t!i uitt vi\mk
a denial of that, wlitch r <, the Ci
in that Article: he does tuot^
did receive a present from
under the circumstances meuiiu.>^ivu lu \\
swer to thai Article \ and likewise that ht
cepted the presents, which were trrely
luDlarily sent to him, by the several
mentioned in the four precedin|f An
two of wbicli inatancet aJi, ami in the
great part of what he so received, bas
tit rued. But his lonhhip very ri^bUy fi
humbly apprehend,) insiikts upon it iti'gcix
that the acceptance of present!* Li|Hin suob
caaioDS has been long used and pracUfedbybf
predecessors ; ond that they liave beeo uclni
ed as the ancient and known per<|itt^iet «f li*
said olHce : that it is not crimtnii lo iodf, n
by the common law, or against ftoy stalale 4
this realm ; or subject to any judgmaity wlacl
«:aii be prayed in this prusecutioo.
Ttie gentlemen of the IJouse of
my lortU, iu order to support wli%l tJicy
iujiiaed upoDf and to make it atji»i :ir tW
an acceptance of presents i
cau&cd the statute of 12 Rid
to your lordiihipv; and hav«: producvi}
Ay res, to give an account ol the ceri
which ii» atiuually practi^d Qpuii tUe occs^
of nominating ol sheriO's.
l>von*t presume to act . utxiilt
ytiMt lordahips with any '.cstjm^
mg, whether what pas^^:^ i)r>nii lunt uccMii
ou;^ht to be esteemed an oath or tio ; bu4 wj
\on\% 1 ho[)e 1 may venture tu t^y^ that it «
very ^tlain, it is no oath of o^cc tn gQ}cr«l,frf
41
mi}
Jar High CHmis and MudstntMnon.
A. D. 1725.
[1122
this reason^ becnuse^ if it hail bcea so, the once
t%kiug it hftU been sutticicMi ; luid there would
liare been no occasion of re|ie{^linv(^ it aDuiialt)',
ID the sbifbt cursory roaouer Mr. A yrt^ Las
^iTeQ an occouot of, upon one particular c»cca-
sion ; which hkewise shews^ thiit what is (hen
done, is confined to thut matt*>J only which is
tbeu tran^actin^t t^f^^ ^^^ intended to be geue^
illy obligatory in other thini^.
[If the accepting' of presents, upon occasion
recommending, or admiturijur officers to
Wies, had been understood to be criminal in
! eye of tlie r:ominon (aw, or ag^ainst (he sta-
rof X% Hfchard 3, no doubt, but in so |;reat
^length of time, preredifius might have been
ducetl, where persons had been censured, or
liutshed, for a practice which \yss been repre-
nted to your lordhhipfl as the most vile and
prnictous so it of bribery and con-uption ; and
^t, notwithstanding the inany marks of the ae*
rity of the go\ ernmeut a^ain&t bribery and
corruption, which have been taken notice of,
the ^enllemen of the House of Commons have
en pleased tu acknowledge^ that there i^ uo
ecedent, nojudg'ment toesiablish and wairaut
4)at they assert to be law in tbi§ point.
I My lordti, I l>e^ ieave to ^y, that a stronger
jument titan luis, can hardly be thought of^
) prove that this behaviour is not illegal ; it ■»
^method of reasoning in our law, and, 1 con-
ive, con9on;int lo the ^eneml reasoci of man*
ud ; that where a thing never has been done,
t tu be supposed there is uo ground or loun-
tion for the tloiu^' it. Nor can this way of
ftsoniui^ he avouled, but by supposing that
ere never have been any instances ot this na-
! before, or t ho tie so rare, and private, that
government imd no opportunity of taking
tice of them : a sufiposltion, my lords, so ex-
ordinary, that there is hardly room to admit
Tit: and therefore, when we shall, with your
dsliipii' (permission, lay before you instances
rihis tbioK having been frecjuently and open-
r done, it will not be so much in order to prove
\ contrary of such » supposition, as to give
I opportuoity to your lord stiips, and to intreat
\ to redect on the great abihties, and uuc|ues-
nable integrity of those eitcellent persons
) have acted in the same manner i the no-
riety and openness with which Ihis has been
UEisacted, and the perfect silence of the grand
i|uisitursof the nation, and the whole legis^
nre in regard thereto : aoil then to cousuler
clearness and force of such a comment
I the law, both from the actionb of tb;»se,
\ characters will not allow of a suspicion,
%i tbey wuubl act contrary to what they ap-
eheuded to be the law : and from the silence
Ttbose, who should and would, no doubt of it,
iTe taken severe notice of it, if \X had b«en
dughtto bavt" been so.
; suppose, a tier all that has been said, thnt
5k was still a doubtful point, would it not, my
», tie exireraely hard to rouse up an old an-
uatcd law, which for so nt^ny centuriei has
lietly slept, without exerting itself, wjihont
ling my mark^ or learlog any tr»c«i of ita
VOL. XVI.
force and vrgaur, to point out the danger ati^l
lending such a practice; a lU'aclice thut has-
been owned snd countenance<l by r*uch great
and unexceptionuhle men, and objected to by
none; and which from thence might \«ell re-
ceive theappearauct: of being fnir and Uinoceiil ;
would it not, i say, my lords, be very hard,
without some previous notice of the danger, to
put this law in execution » to unsheath this
rusty sword to woumlthi'i noble earl with ? We
hope your lordships would think so, if it w^re
capable of hurting him, which we humbly ^p*
prebend it is not ; and that, if there is any
doubt remaining with your lordships, as to the
legality of the Ear IN behaviour iu ibis point,
that the statute of oih of Edw. 6, will ctvar it
up beyond question ; and that it will manilest*
ly appear by that statute, that accepting of
presents is neither mulym in te ag»inbt the
common taw, or I be statute of Rich. 2, and
that this statute of £dw. O, must be looked
upon as a declarative law in those points, or
oi her wise it must be allowed (which none sure
will suppose) that the legislature of this king-
dom has made a provision to sane til y a moral
evil ; (for that is the import of maitim in se)
to allow, permit, and even encourage, contrary
to the statute and common law, a practice not
only imtnoral and vile, but of the most per-
nicious tendency and consequence, if the re-
iiresentatiou maile of it by the gentlemen of the
ilouse of Commoniiis to be regarded.
My loifls, 1 shot I pass by the fourth para-
grapDofti>at ststute, whereby it is provided,
that the said act i^bould not extend to oftlces of
inheritance ; though, I prcsuine, ttte large-
ness of the estate Ptwx hardly be iboughi to
alter the moral nature of the action, Bv the
6tb paragraph, there is a saving for ail bar^^
gains, sales, promises and agreements of or for
any otiica m^de before the Urst of March ; and
such bargains, sales, nnd contracti, arc ejc-
eropted out of the force of that act* Yoi r
lordships will be pleased to observe, this s^s«
siuO of parU»iaeDt began the 23d of Jiinuary ;
so that this saving cluui^e makes a provision
for futurity. My lords, this would bt; to esta-
blish iniquity by a law, if the accepting a pre-
sent on occasion of admitting a person into an
oHice, was immoral and criminal, as bits been
aaseited. Hut if it were so, and likewise
against the statute of 12 Uich. i, and contrary
to the supposed oath, taken in pursuance of
that stntute; what, my lords, must be thought
of the last psragraph, which pruvides, that the
act should not extend to the chief justtces, or
justices of assize, that then were, or thereafter
^should bef These all annually take the sams
oath (if it is lo pass as such) upon tht- jiduie oc-^
casion of oominatmg of sbertfifs, as Mr» Ayrei'
has informed your lordships; and are con9«*
quently, by virtue thereof, under the satns
obligation, in this respect, us a Lord Chancellor: •
and c^n your lordhtps suppose that so in iriy
reverend and learned persons, who, from
their known duty of attemlatu:^^ xiA>4j*t\ Na<^
presumeil \<> \^ i^t«w«X m >i<4>» \^\iij^v^
4X
1119]
10 GEORGE L
Trial of the Earl tif Macch-tfitld^
I
proceed, I shall beg ynnr lordships' pennlsmon
^to go out of those ArUctes, 90 fur as shortiv In
obsKTte, that in the preamble to the Articles nl'
Iiii[»eiichiiietit, where the tiererni favoni's and
ftdviwtages, which the noble Earl ot the liarre^
ceiled from the cro^irn, are eniimeruted, thn^
which were the pectiUar marks of hit iinaji>sty*8
royal bounty tu nim, and those which were the
ihnary benefits and allowanceSf which the
_3;irl enjoyed in common with bis predecessors
la that omce, are so blended together, and set
in such a iiifht^ that at least it !^t?es an occa>
sioii to tDistakc some of tlie latter sort f^tr those
of the former ; if it does not amount l<i an lasi-
auation to tltat purpose, in order to enhance the
particular adtaiitai*:es wliicli the noble Karl has
receiired,ttboi^e what tliey really were.
My tord;^, [ should be injiiriuus to that noble
lordf who is possessed with sentiments of the
deepest jj;ratittide to his uifljcbty, nhouhl 1 en-
deavour to lessen the instances of his royal mu
liificence towards him : and I purposely omit
mentioning any thing of ibe nobie EarPd tnerit
upon this occasion (though I humbly appre*
liend that I ahoald lie thought very evcusahte
in so doini*',) because I am sensible, that lie
ehu«es t^ owe every tlnngr purely to his ma-
jesty's i^otvdness : yet as he has (very properly
4MI we btimbly apprehend) in his Answer, set
one of those mutters in its tniu hjj^ht ; by iq-
Ibrwiofi^ your lordjihipti thut the annual alloW'
anceof 4,000^. per annum, mentioned in ibe
preamble to the Articles, and which he admits
to have been granted to him, during the time
be !ihon1d continue Lord ChanceHor, is no v?ay
particular in his case; but that the same has,
tor many years ftast, been couBtanlJy granted
to, and enjoyed by his predeceKi»0h4 ; give me
leave, my lords, for a proof of what is so iu-
fisted on> to refer your lordships to what ap-
pears upon your own Journal, in the case of
the lord 8<jmer8, upon the Imp^acbmeot ex-
hibited against bimbytheHouse of Cotumons,
for High Crimes and Misdtmeauois ; where,
in the introduction of the Chartfe iu the Eighth
Article, this appointment of 4>00(i^. per annum
to him is allef^ed in afi^ravatioQ of that Chaise
against him. His lordship by his Answer there-
to, admits, that durinqr bis cuivtody of the great
teal, be did receive the protits and |>erquisites
thereto belonging, which before his time were
become very incoosider:ible ; and tliat he did
also receive an annual allowaace from his then
m^csty of 4,000/, per annum, btdin^: the bkc
pe&sion that bad been allowed to several of bis
predecessors, Thi», we humbly apprehend,
plainly shews both that this allowance has been
usual, and likewise the reason of makings such
allowance; which is the inconsiilerab'euess of
the ordinary profits and perquisites belongiug
to that bi^h station.
J shall now proceed to the Articles I pro-
posed to speak to ; in which the matter, wuich
IS charged as criminal uiHin the Earl, is, That
be did illegally, corruptly and extorsively, in-
ai>)t upon, take and receive, the several sutnsof
luou^y therein respectively mentioned, for the
[11
admitting the several
Fdih, Sixth, ^venlh, and T '
be iVlAstepi^ of the Court o(f i
small variation in the Eij^btti .
of ug{;ruvation«that there was i
that otiice^ which is tber*^ laL. n
for fiermJttintjr Thomas I
in the Ninth Article, t :
Clerk of the Custtnlies ; wbicb %% agret^ (o bs ^
a charge much of the same nuture with that m
the four praceding Articles ; antJ is alV
be Q gainst the gootl and whu)cM>f>s« ia^
stiitiUefi of this realm.
It has been strongly insisteil on, liy tfa#|
ticmen appointed to manage thia pr^
that this is a luo^ttcr wbicli is malum inm^\
consequently a crime at cominnti law, mH
a^ expressly ai^^ntnst the statute of VI Ri«"
'2, and 61 h of Edward 6» and no meaaa,
could be tbouj^ht ot*, ttave bi'i^a wantiag to 1
present it und I r all the u\<v^\ ^"''irra.vaiiij
cumstunc's, and iu the 1 us ami I
ful appearance, that the I i coWtAr9 1
give l^
My lords, the Earl, by bis Anawcr, '
that lie did at any time insist ujmti the \
IOj/. or any other sum of itiunei\ to peraiil
accept of the restu nation of TIioihas T
mentioned in the N tilth Articlf*; or did
to )»ermit or accept thereof^ uutil the «aid
mas Benuet had agreed to pay the ffaiiie,or4
I
other sum of money on t1 1 " 1 ni : wbic^
a denial of thai, wliirh ' v the Ch
in that Article: he does luuc^.
did receive a present frouo
under the circumstances meni
twer to that Article ; and lik
cepted the presents, which wt ^ .
luntarity aent to him, by the sever
mentioned io the four nreccdin]^ Artii
two of w hicb inalaDceft all, and in tlie o^
great putt of what be so received, baa I
turned. But bis loi-dsbip very rig'bUj
humbly apprehend,) insists upon it io 1
that the acceptance of presents tipcm \
castODs has been long used aiid practi
predecessors; and tltat tbcy h > , '
ed as the ancient uud knowu \
said office : that it is not criu.
by^ the common law, or again
this realm ; or subject to any j..w|^«.
can be pmycd in this prosecutiaii.
The getitlemenof the liuust! (»f
my lords, iu onler to su aI
insisted upon, and to mniv 1 , ar t
an acceptance of pre^ut* t^ en mm
caused Lbe statute of l% Richard "i^ to I
to yonr lordships; and bavu produced
Ay res, to give an aoeouut uf the cercmcv^ I
which Ls annually practised upau the occaitfli
of nomuiating ot sneriffs.
J >iron't presumes to act tbe casutH i
^our hirdshi{fs with any oicdieai i
mg, whether what passes i9p<»a ti^ai
oui^ht to be cbteemed an oath or 110 ;
lords, 1 ho(je I way venture to s*iy, t^.
rery plain, it is no oatb of office to gwcc^l
fvir High Crimes and Misdemeknors.
A. D. 1725.
[111^2
iton, because, if it had been so, the once
it had beeo sufficient ; and there would
een no occasion of re|ieatin^ it annually,
slight cursory manuer Mr. Ay res has
an account of, upon one particular occa-
which likewise shews, that what is then
s confined to that matter only which is
finsactin^, and not intended to be gene-
»bligatory in other thin^rs.
le accepting of presents, upon occasion
omoiending, or admitting officers to
, had been understood to ^ criminal in
e of tlie common law, or against the sta-
IS Richard 3, no doubt, but in so great
:h of time, precedenls might have been
ed, where persons had been censured, or
ed, for a practice which has been repre-
to your lordships as the most vile and
lous sort of bribery and corruption ; and
itwithstandiug the many marks of the se-
of the go\eniment against bribery and
tion, which have been taken notice of,
ntlcuien of the House of Commons have
leaseil to acknowledge, that there is no
ent, no judgment toesiablish and warrant
hey assert to be law in this point,
lords, 1 lieg leave to sav, that a stronger
ent than this, can harJly be thought of,
re that this behaviour is not illegal ; it is
lod of reasoning in our law, and, I con-
consonant to the general reason of man-
that where a thing never has been done,
be supposed there is no ground or foun-
for the fioing it. Nor can this way of
ing be avoided, but by supposing that
lever have been any instances of this na-
•fore, or those so rare, and private, that
ivernmeiit had no opportunity of taking
of them : a supposition, my lords, so ex-
nary, that there is hardly room to lulroit
and therelbre, when we shall, with your
ips' iMTHiission, lay before you instances
thing having been i're(|uently and open-
e, it will not be so uiurh in order to prove
iitrary (»f such a supposition, as to give
lortunity to your lonlsUips, and to intreat
redect on the great abilities, and unques-
le integrity of those excellent persons
ave acted in the same manner: theno-
' and o|K:nness with which this has been
cted,and the pertect silence of the grand
tors of the nation, and the whole legis-
in regard thereto : and then to consider
earness and force of such a comment
he law, both from the actions of those,
characters will not allow of a suspiriou,
ley would act contrary to what they ap-
ifleil to b(? the law : and from the silence
le, who should anil would, no doubt of it,
force anil vigour, to point oat the danger at-
tending such a practice ; a practice that hai
been owned and countenanced by such great
and unexceptionable men, and objecteil to by
none ; and which from thence might well re-
ceive the appearance of being fair and innocent :
would it not, I say, my ionls, be very hard,
without some previous notice of the danger, to
put this law in execution, to unslieath this
rusty sword to wound this noble earl with ? We
hope vour lordships would think so, if it vM're
capable of hurting him, which we humbly ^p*
prebend it is not; and that, if there is any
doubt remaining with vour lordships, aslo the
legality of the Earl's behaviour in this point,
that the sUtute of 6ih of £dw. 6, will clear it
up beyond question ; and that it will nianifipst-
ly appear by that statute, that accepting of
presents is neither malum in $e agamst the -
common law, or the statute of lUcli. 2, and
that this statute of Edw. 6, must be looked
upon as a declarative law in those points, or
otherwise it must be allowed (which none sure
will suppose) that the legishiture of this king-
dom has made a provision to sanctify a moral
evil ; (for that is the import of malum in se)
to allow, permit, and even encourage, contrary
to the statute and common law, a practice not
only immoral and vile, bat of the most |)er-
nicious tendency and consequence, if the re-
J)resentation made of it by the gentlemen of the
ilouse of Commons is to be regarded.
My lords, I shall pass by the fourth para-
grapnofthat statute, whereby it is provided,
that the said act should not extend to ofHces of
inheritance; though, I presume, the large-
ness of the estate can hardly be thought to
alter the moral nature of the action. By the
6th paragraph, there is a saving for all bar-
gains, sales, promises and agreements of or for
any office made before the first of March ; and
such bargains, sales, and contracts, are ex-
empted out of the force of that act. Yoir
lordships will be pleased to observe, this sis-
fcioli of parliament began the 23d of January ;
so that this saving clause makes a provision
for futurity. My Ionls, this would be to esta-
blish iniquity by a law, if the accepting a pre-
sent on occasion of admitting a person into an
office, was immoral and criminal, as has been
asserted. But if it were so, and liken ise
against the statute of 12 Uich. 2, and contrary
to the supposed oath, taken in pursuance of
that statute ; whit, my lords, must be thought
of the laHt paragraph, which provides, that the
act should not extend to the chief justices, or
justices of assize, that then were, or thereaf^r
fthould be? These all aunually take the same
oath (if it is to pass as such) ufion the Name oc«
aken severe notice of it, if it had been | casion of nominating of sheriflTs, as Mr. Ayrea'
ill to have Ijeen so.
suppose, after all that has been said, that
M still a doubtful iioint, would it not, my
be extremely haruto rouse up an old an-
id law, which for so many centuries baa
f slept, without exerting itself, without
■oj nutfky or leaving any traces of its
LXVI.
has informed your lordships ; and are conse-
quently, by virtue thereof, under the saoM
obligation, in this respect, as a Lord Chancellor: ,
and can your lord hips suppose that so m.iny
reverend and learned persons, who, from
their known duty of attendance, must b«
presumed to bt prtMBt in your loffdilii({i?
4C
llSSj
10 GEORGE I.
Trial of the Earl of Maeeletfield,
[1181
House, whibt tins law waa there under con-
tideratioD, would have ff>rborne iDformio^
their then lordships, how cootradictory those
Earls of this statute were to the common
Lw, and the statutes of this realm, especially
that of Richard 2. Can it possibly be con-
ceived, thst the whole legislature would pass a
law, not only to allow, in several instances, the
practice of what was so contrary to the law of
reason, as well as the common and statute law ;
but even to give a licence, and encouragement
to break an oath prescribed by statute, and an-
jiually repeated ; and that nobody should ever
scruple the tloing so, or discover the illegality
of this practice, but upon this unfortunate oc-
casion ? And yet, my lords, monstrous as these
suppositions are, they must (as 1 humbly con-
ceive) he allowed of, or it must be granted that
such acceptance of presents is not * malum in
se,' or contrary to the statute of Richard S.
And I hope it is plain, that this statute of Ed-
ward 6, IS in effect a declarative law in those
points.
My lords, the gentlemen of the House of
Commons seemed sensible of these difficulties ;
and therefore they have, with great industry,
endeavoured to distinguish what the Earl has
done, from the common and ordinary way of
accepting of presents, upon such occasions.
They have told your lordshi[>8, that his method
was haggling and extorsive ; and have given it
abundance of other hard names : they nave to
confirm it, informed your lordships, that the
prices lately given, have been higher than
those formerly accepted upon the like occasions :
though they have not condescended to attempt
the proof of it.
My lords, as the manner of the Earl's taking
of presents will depend in a great measure npon
the evidence, which has been offered to your
lordships upon these Articles ; I shall beg leave
to lake some short notice of it. As to the 9ih
Article, Mr. Thomas Bennet has hern pleased
to inform vour lordships, that he did desire to
have the \\?^vVs recommendation of Mr. Ha-
mcrsley, to succeed him as Clerk of the Cus-
todies : and that being told at the second meet-
ing with Mr. Cottinr^liam, that a present would
be expected, he said it was a very hard and
unreasonable thing to expect a present from
him, who bad so lately paid a large sum
upon his being admitted into his other office :
but upon its being insisted on, that 100 guineas
should be paid, he was forced to comply there-
with, and agree to pay it
My lords, I humbly insist upon it, that if an
entire credit were to be given to what Mr.
Bennet has said upon tliis occasion, it would
not amount to a proof of the Charge contained
in this Article : the corruption and extortion
therein complained of, being restrained to the
consideration of permitting and accepting the
surrender of the office there mentioned ; all
the other parts of that Article beinf only intro-
ductory to, or ID aggravation of that supposed
offence. Bat Mr. Bennet hu nol mentioned
«e jonr hiM^ «m wfUm^ of the BMl«k
having refused to permit or aeoept a
of that office, or of his having received any sm
of money in consideration of bin permittag er
accepting Mr. Bennet*s surrender thereof.
But, my lords, we must beg leave to suboit
it to your lordships' consideratioo, what credit
is to be given to Mr. BenncfSs erklenoey so ht
as it does go, for this iNnrpose. The gentlemceof
the House of Commons have thought fit te cdl
Mr. Cottingham, as a witness to thia Artids ;
who owns that in his first discourse with BIr.
Bennet upon this occasion, he told him be k^
lieved a present would be expected to thegmt
seal, and that Mr. Bennet freely offered 100
guineas, before Mr. Cottingham spoke to tbs
Earl about that aflair. He expressly coetn-
dicts Mr. Bennet in what be aaid of Mr. Cit-
tingham's insisting upon 100 guineas, and Nr.
Bennet*s agreement to give that sum at dhi
secon«l meeting, Mr. Cottingham swearing, ikst
the offer of 100 guineas was voluntary on Nr.
Bonnet's part ; and that it was at their fini
meeting. There are several other eontradie-
tions in their evidence ; but I shall only tob
notice of tliat, where Mr. Bennet preten«,lfaC
Mr. Cottingham asserted he did not know Ur.
Hamersley, his next door neighbour. This
Mr. Cottingham denies, and Mr. Bennet ii
forced in some measure to retract what bt
had so positively sworn ; and cornea dowa ti
a belief ouly, that Mr. Cottingham siid n^
but will not be positive.
It is something surprizing, that after tbff
have done Mr. Cottingham the honour ts ol
him as a witness, and given him a credit bf m
doing, hints should be flung out, that Mr. Col*
tingham knows nobody, except where tbsnii
gold in the case; that gold is a great clearer rf
the eye-sight, and the like insinuations, lolhs
lessening his character. But why then ^
they call him as a witness ? Surely, my lark
if he is a person not to be believed, it wai sit
altogether so pro|ier to produce him aa a witocft
before this august assembly. But, my Mii
we shall ease them in that matter, bf
thoroughly establishing Air. Cottingham't re-
putation; though it is something untisosllt
support the reputation of a witness prodnoedky
the otlM>r side : and we hope your kwdibt^
will then find no difficulty in determining wl»
tlitT Mr. Bennet or Mr. (Nottingham daoffl
most to be crediteil.
In support of the 5th Article, Mr. KynM
is called as a witness. I shall take no aaiii
of any part of his evidence, but what rehM
particularly to the Charge in this Artids^ tbi
money paid upon his admittance, and the or*
cumsiances of that transaction. Mr. KyaaiW
indeed has said, that he wonki willingly bftft
paid but 1,000/. upon his admittance; andae*
cordingly offered that sum, which Mr. C^
tingham would not hearken to; and thcnibn
he submitted to pay 1,500 euineaa; belbi
owns, at the same time, that be hM not a le^
exact remembrance of what paessd nptn iftii
occasion. Mr. Bailey, to whom Mr.
iiftni«Bd whowM MiagtBl iiilUs
for High Crimei and Misdenuamrs,
A. D, 1725,
[1186
t luB eviffence \m% ^men your brdsliips an ae-
\ tliat Mr. Kynasloo, Wfl»*»n iwf undt?rtlowl
^al 1,^00 guioeaa was apijrelieuJetl to be tbe
>reseot be iDtendeil to make, said, that he
lliutigblitwa«oiily It^Oui. but mentionsnothin^^
of the offer of 1,000/. It h very strange if tb&t
bad been tke case, ihjtt ii« ^botilci not have
fjitei notice of that bkt^wiae. But Mr. Cot-
ini, who is again caHetl a« a witness^ shew a
_ on why no notice coiiW be taken of such
lolTer; and that i«, because t bete reully was
»n6 audi. He deuits that Mr. Kynttaton
Bfwl 1,000/. and ■wears ibut the guraotFertrd
Mr* Kynaston was 1,W)0 (guineas; and
iitbal decUreil^ that he would accjuieace under
what the Earl should think til in that matter ;
1 informs your lordiibipii, ifjion his beings in.
iled by the gentlemen ot the House of
nm*>f*» »" 'hjii purpose^ that he never did ac-
^uwur 1 1 with what passed upon thut
ihc whole tliijii^ was agreed and
1 1 and that, when he was informed of it,
«ed himself to l»e well satisfied there-
Surely, my lords, here are no extraor-
linary endeavoora or artrficca used to enhance
"be price ; no buf ;rlirig, by tirj*t naming one
Lim, then another; but at once the matter is
posed, and at once ajrreed and oonc)u<led,
10 prove the 6ih Article, my lords, Mr.
Thomas Ben net is catlml again ; and htre
rain the like misfortune happena as before ;
Ir, Ben net differs widely ff^m Mr. Cottio^-
urn, who i« called upon the same fiide to prove
aame Arliclu. Mr. Betmet says, that h<>
:|u»int«<l Mr. Cottingbam, that he thought
waa enou^'b to give u(>on bia ad-
tilUncef witli iiis reasons for such opi-
; but that, however, be wat wdltng to
1,000 guineas. Mr Cotlini^ham hiL§
rorn that no »uch offer was made, that n«itbing
'lat natuie passeil ; but that Mr. ficnnel,
I being informeil what bad l>een done be-
ttpon the like occaiiont» Ireely offered
fuioeaa.
ly funis the very nature of the thtnij, upon
I cirenoistanoes ag-reed on all bauds/ speaks
|ly in favuur of Mr. Colttngham, and in
Mictioo to Mr. Bennet, as to what is as-
il by each of them u[»ou lliift occ^on.
lordBhipii observe wimi condition the Earl
^a{|pr«ed to be in at that time; had Mr. Ben-
I l{>preb ended that be had so very bard trrms
Upon hini^ Uft be woubl have your lord-
\ believe he did ; would he not have staved
) little time, to bave Heeo the effect ot wt
ftt a distemper aa a pleurrtic fewer^ which
kffilalitp ihen laboured under in a very hit^h
tef ttpecially when Mr Betmet appear*
1 ^ fame time to be in tio very good state
bealtb himself; nf which he wan retntnded
Mr. Cotiingbam ; who was an fur fnitii
_ the ra|.i«cioiis part^ in behali of tbtt great
(which waa not in a w^iy (*' «nfl^r,iiy ttie
of a prraoti ' ' ' tiiitUv a new va-
by deaths) iK iiig Mr. BrnuH
^ellaw,and nut <ti oraiu\ he desired him
wbal lu waa gikisig to d«, whan be
1
took a place for life in hia condition* Mr.
Beonei told him, it was only a cold ; and thai
therefore lie tvoutd proceed. This gentleman,
who was as he pretends » m cautjoufi asi to ihu
sum he was to ^ive u^iou his aihniiunce, and
which he then thou^^ht to ht^ 60 uuiedSoaaUe,
hurries on this affuir, under the«»e circum-
Btauces of his own, as well as the EarPs state of
health ; and though out of order, as he him-
self owned, presses an extiiried sum of 1,500
guineas, into the hands of, prohjthly, a dying
Chancellor. Wdl ntit your loidships tiiitik it
more likely, that Mr. Bennet appieliendod^
that *% the price of thinics then went^ he might
not, under a new Chancellor, come tuto the
oOice upon aoeasy terms a« were then offered
him ; rather thnii that he thought hims^tf to
be hai illy used \i\niu that occiit^ion ? And here,
my lords, I heg leave to take notice of what
has been urged, to induce your lordships to
look upon thi« aoceptanoe of presents, by the
Earl in particutur, to be extorsive^ which is,
that the sums oi' money given upon thej^e, and
the hke occasions, kre lately giealty increaiicd.
Your lordships wili be pleased t« olwerve, upon
what has hitherto appeared, th«it the t»uma
taken by the Earl upon the admii^siou (»f a
Master in the room ol one deceased, hav«
been constantly less ibau what the AJusler?,
who have resigned, have had aa a consideration
h»r so dointj. And it is very easy to account
fur tlie late iticrense of the sum» given upm
these occasions, without any t^xtortion m the
matter. A* personal c:jtatet» have vastly in-
creased within these lewyeurfi,i«nd t^ettleuiciots,
and prOf fsions for (iimilie^, have been made aul
of the public Mocks au<l fundt*, the buMoess of
the Court of Chancery hath ntc:rea»ed prupor-
liouably ; and cou*iequeniiy, people would be
more desirous of, and give more money lor tha
purchase of these ofiices, which were iU]}»roved
by such incrciihe of business. Ami as tba
common iuteresi of tnooey w gfrown lower, it ia
natural to iiuppose, that (people would be tha
more ready to invest their fortunes in those
things, which were likely to produce a better
iucoute, even in proportion to the rntk that was
run upon tlirir lives, than could be mude of
money in an ordinary way. But whether tbat«
which I have mentioned, or whatever else moy
be the cause of it, it is %o plain and ootortous
thai all places and ottices have ot late yearn
increased in Iheir value, that it would be mia-
Kfiendiiig your tordahipa* time to enter into the
proof ot it.
My lords, as to the admission of Mr. Elde
into liiM ofnr:e, and the occcp lance of a sum ttf
money upon that occadun, wliich maken up
the Charge eotitained in the Tth .'triule; and
as to ito much of the 8th Article as relatev to
Ibe hke transaction with Mr, ^riiumton ; thrre
is not the least colour or pretence ln»<M the evi-
dence which baif (H!en given to suppnrr those
charge, to ground a supiKi^ition of liagghng^
ordnvutg a hiut{.iiii : On the c<mtrary, Ircrm
that very evidanoe it appears, thai what was
by itr. £lde, tod Mr. Thtirsioiij wmm per-
I
I
1127]
10 GEORGE I.
Trial of the Earl of Macdetfield,
[1128
\cA\y free and ?oliintary ; and attended with a of the deficiency, or his want of ctre to be in-
(food (leal of solicitude and uneasiness in tlie
latter, lest his oflTers should not be accepteil ;
il]c circumstances of which 1 shall not trouble
^i^^\^\' lordships with repeating. And thoii(;h
ii-.Mn the troubles he has since met wiih in that
office, he has soniethiiik^ altered his opinion of
it, your lordships will be {V'uided by what he
then thou«;ht, and acted. Your lordships will
bo pleased to observe from the same evidence,
that great part of tlie money presented by
those gentlemen has been returned to them
again ; and (hough it w as some time afterwards
before it was done, it is piain there was a
much earlier intention of doing so. Mr. Elde
has informed your lordships, that in May fol-
lowing bis admission the Earl intimated to him,
that he would return part of the money; and
Mr. Thurston rcceivpcl several messages, which
plainly appeared to b<' in order to a return of
part of the money \«hi(:li he had u.^'u;
though, on occasion of his being out of town,
it was some time alter before he knew the
meaninff thereof, or had the money returned.
My lords, there is one particular circum-
stance in the 8th Article, which has taken up a
great deal of your time ; that I mean, of the
deticienoy in Mr. Borret's office. Why that
matter was inserte<l there, and why it has been
60 much laboured, and your lordships troubled
with so much proof about it, 1 must own my-
self at a loss to conceive ; unless it be allowed
aud admitted, that the taking of money, U|>od
' the admission of a person to the office of one of
the Masters of the Court of Chancery, is not
purely and simply malum in xc, illegal, and
contrary to the statute of Ulch. 2, but that, if
it be done to raise money to make good the de-
ficimcy in the office, as was done in the case
of Mr. Edwards, which your lordships have
upon this occasion heard of, it is right aud well.
How otherwise can (he deficiency in the office
be an aggravation of the supposed crime of
taking a present upon the admittance of a per-
son into it ? Is it unreasonable to admit a new
Master into an office wherein there is a defici-
ency ? Is it not as necessary to fill up that
Tncancy as any other ? Certainly more so, in
order to have one, whose duty obliges him to a
more particular rate of the nflairs thereof,
which seem more to want it. The aggravation
then of the fault, or rather tli« fault itself, must
consist in the not applying i\\o money received
towards the discharge of the deficiency. But
how can it be a fault not to do so, unless there
bad been an obligation so to lia\c applied it?
And how can there be an obligation to make
such application (»f the money, where tliere is
so strong an obligation, as has been iosistc^l on,
not to raise any money at all by such means P
^1y lords, we humbly apprehend, that the en-
deavour to aggravate what is charged as a
crime in this Article, has weakeued, at least,
what is laid as the foundation for its being a
crime ; and (his with little or no success in the
proof attempted to be made of this matter ; so
far, I mean, as rekitef to the JBari't knowleidga
formed of the state of that office.
I won't repeat what Mr. G«Klfrey has said
u)K>n this occasion; your lordships perceive
i th:it he and Mr. John Bennet were thought
the fittest persons to inspect the affairs of BIr.
Borrr-t, after hi» decease ; and were according-
ly ap)K)ii)ted to do so : And upon having exa-
mined things, as well as they then could, were
both of opinion, as Mr. Godfrey safs, that there
was no likelihood thai there would be any defi-
ciency ; and with this the Earl was acquainted.
Mr. fiennet, indeed, differs something from
Mr. Godfrey, as to the account which he gave
of this matter ; but not so much, though hit
account was to he taken, as would answer the
purpose for which he was called ; the aggra-
vating the Charge in this Article against ihe
noble Earl, who, there is do room to doobi,
would have acted as eenerously in this case, at
he did in the case of Mr. Edwards, u|K)n fail
coming into Dormer's ofiice, if the circum-
stances, as represented to him, had beeu in any
near degree alike.
My lonls, I have thus stated the matter of
these several Articles, to the beat of my re-
membrance, in its true light, as it stinds
upon the evidence already given. Weihill
beg leave to call some witnesses to prove, thtt
several noble and great persons have takei
presents upon these occasions; men of ex-
cellent characters; some of whom several of
the gentlemen of the Honse of Commons
have taken such notice of. that I may ufelj
venture to say, they will concur in the*opinioo,
that they were persons of so much integrity,
that they would not have taken such presents,
if (hey had thought it illegal so to have done;
and of so great abilities, that their judgmed
must be of the greatest weight in this |>oiDt.
We shall farther trouble your htrdships to ex-
plain the nature of the payment of 64/. uhich
Mr. Thomas Bennet ttdd your lurilships he
made, over and above the 100 guineas paid by
him on account of the office of Clerk of (be
Custodies. He might, no douM, it he hs4
pleased, have informed your lordships, that the
most part of this (34/. was either paid to the
clerks of the office, or belonging to other offi-
cers, and that not above 33s. came to the greit
seal : and we apprehend that to have done so«
would have been more agreeable to the since-
rity with which a witness ought to S|ieak, thaa
to have left it in that general manner, where it
might look like another payment lo the Kari.
And I hope your lordshi|>s will excuse my «ib-
serving upon this occasion, the unhappy' cir-
cumstances of the noble Earl at the bar :' If he
takes a small sum, as this of the 100 guineu
for instance, it is poor, pitiful, and a pnwtiintioa
of his honour ; if a larger sum is taken, be is
avaricious, greedy, rapacious, aud I doo't knoar
what: Though your lordshi|M will observe
the sums accepted are regulated accordii« la
the nature of the office on aroount of which
they are given. My lords, hhi very can m
other ioatancca u nuida hia faolt, hv MliHi
^ir High Cnm€$ and Misdemeanors*
A, D. 1725.
[1130
II «u[tp4ised to lie rlf»ne with csrrapt
id yvX Uta not ftrtingf ii i^ijually bbm-
Trlc:s<«ii«»8Xf nod ne grit*!**. Thin *5 \hv
btcU his wiiule bfbAi'iour has been
■r loriUhtfts, 4it««1 ittHt ivith nil thf
intt vehetnifncif jmutj^iaaMi?. But
lyotir tariKKi|>s who, in • superior ami
If !tt«liun« UTe to weigh iinil jurts(^ of \\w^^
^. 111** from you tht* n«»Mi' EmH U to
tt juiijjfmfui ; aoii it U lim hsJiipMiess^ that
lo. And in oriler thereto, whew i«e havt*
this eiiil^nce litfor^ your lurtUbips, to^^'C
N^ith ail onler, which she<«s thf |mynient
t tncinicv ffr'ceivfKl tVorti Mr ThomHt Ben*
MMr. Kynaston, ioto the Court of Chsn-
I iffG shuM Bubdiit the mfttier of thene
ta to your lordships. Ami notwithstaml-
II ih« severe things %*'hich hnvr been nM
'ibis occasion, f* e humbly hope your lonU
I will lif of opioion, that the noble E«rt at
lordships* bar is not t^uiliy of aoy of ibe
|;ei) contHtocd iii ihe^; Article*'.
5j. Pfubt/n. My lords, we now proceed to
^tir wjtno5»e8» ttud to prove the several
» we bare opened ; anil we ht^ U^ave to
leil in the same method ai^ the gentlemen,
ire the MM(ja^er« for the House of Com-
I, linve done* An ihey bei^AD with the
Utick% «o we in our evidence sbull like-
hixm there ; and tihew that pr(*«4Mits hove
liitiily been tuade to the i^reat aeal U|K)u
li' ^ into the office of the Clerk of
[ : and that in many other officea
H nl^- liiL-otion of the gieat seiK pre^nts
bet-n UHually madf by ibere»(H?ct>*e offi-
on thnr a ttwtfsinxin ; and rbi» iMtth Iwen
ino^n untnterriipit^l muiM'e; ami e^^try
tellor bath taken thetit as customary
ntf. We de«ire, in the first place, that
\UtgnT Lewis may be culled.
Mr. Jl&gcr Leteii twora,
t}. Prrth^n- We dealt e he mAy l»e asked,
fooif he hftlh been concerned aa a deputy
i oiHce of the Clerk of the Custodies f
wii* I have uKsisied aa Clerk of ibe Vnn-
louatics and idiotg for the apace of
ear«»
'ttbytt, I desire be may be asked,
the* first that came into the office of
the C"usto<he!i in his reoicmbrance ?
I*. Mr, Henry Wynne wai* the br»t ibit
I wa«« ckrk Hi»*re,
^ . Wlio *<occe»-ilt'd Mr. Wynne?
V Uoj^er Thoa>p«on.
1^: I dt^ire tie may be aski^d,
* liofrnHon In? now livmjf or dead ?
fUHM. iVIr, Th<unj»aon» a» I hi*v«f been in*
lid. baib been drad abutit these 9 «r 10
>p«a1.
jj Proh/n, 1 deaire he may be R«ked,
Ijer anv preaeot or compliment %^as m:vU'
If l^ai M*al on Mr. Ilium p^onN admisi-
r* plummer, %ty lords, I object to the an*
c^i : =; a od desire to know,
4 vriU ha?< evidence
a^ain^t t^entlemen that are dead, who ar« no
way capable of An*w<tnnff for them selves be*
fore your lordships here ? If my lord can shew
any title or ri|;ht he bad to sell this place, we
are ready to hear him ; but to tjive evidence
ag^runsl a person that is dead, and cftnn<>l speak
tor himself ; I aubntit that to your lordahipa,
Mr. Lutat/cht* My lords* this maiit^r ie
very proper to be objt^ted to now, ami it [g
very necttssary (or your lordshipa* <leterminaMOfi
in the bet^innmt^ of thit aH'air, 1 «ee by this
(jueslioOf and tlieir opeoiu^f what lar^e com-
puMS the dfentlf^men huf^e taken , not only as to
these offices, but as to many other oflicea for
which pre%t'Tits were ^iven. I lake the proi>er
question before your lordisliipji to l»e. Whether
this be law lui by »i»e laws and statutes of the
realm ? And if that be ihti question, I submit it,
whether it is mntcrial to n\%f^ an account what
other persons have done? Whelher, when a
person in brought upon a prosecution for an
oH'eoce a^ainut the law, it be malerial for him
t*t say. that other |»er«ons have bttn jjuilty of
the name criineK ? Tbn is s question ai law
upon ibe construction of I he alatute ; ami they
say it is necessary fur ihem to jfive these in-
stancei, to shew the judifo^ent of those f^reat
persons upon the act of parhament ; but sure
I urn, tt waa never yet attempted to irive in
p*iilencetbe ;tcliori8 of other persons in ord^r to
expound a Rtainie. Tlie e^rposition of a statute
mu>>t be ftiurided on the wonU of the law, ;iod
ni»t on the actions of other persons. In all the
experience I have had in cases of prosecottons
for crimes toundeil on tbp common law, or on
acts of parhament, tf'eotlemeo argue from
what thebiw is, what anihoritie« linve been in
those cases, and what the coujmI ruction hath
been in former judtrments. My lords, this is n
matter of g^reat consnleration to your iordnbips,
not only upon the account ofihe jtreceden*, but
aluo upon the account of the lime that your
lordships are like to iipotid, if yori are to go
ihroii|;h all the Meet of the law, to shew bow
many greot men have accepted present.s. It
will take up a ^eat denl of tiute, without any
fruit at all ISut, my lordn, there are other con-
siderations which will prove It unreasonable t6
admit of this evidence : At pteseni your lord-
nbips have under your cooaidcratioo ttie itise
of this ncdd<f lord with" - ' »r; but nould
they in defente ol l li otlicr«, not
here to defend tbems* iv, . ...mv of tbnu arc
dead, others arr living : Wilt you try pefiitnf
not uccuited mill niilioitt (ktui^ prevent t'» an*
swer for tin Hut, mv lonls, with re-
Kjwct to our- 1 mi*ou.iblt* lor us to take
upon iiH ih«* I'XHouuntion of ^'Veral facts^ with-
out koowiii|2' who the pervious chsr^d are,
what the circumstsnrea of the rase were? Are .
we to shew th# diffi-retice or atttc thr ctrcum«
!«»a?ire<«[* t<
h^rdn, il>i?i I
mntier t«»r n
b<^iiium|f. 1
ten^iveot-'iKM ui
• r us to do it. My
fif th»* eav, it is «
the
cx-
♦ viiuncc riic^ nave innted
ttt, and intend to prodtice. That which we tn<
1131]
10 GEORGE L
TruJ cfihe Earl cf Macclrr^e!^,
[1132
lonis. ic is •h;«eie4 bj uc ^eaiicsK tha an
Mioazen for the Hoai« ^k'Toxibf-ca. tku ibcr
0it upoo U two t'oloip. tbai it if au materia],
■ad iku: loere is do rouiiicr ot nocice lor Uw
pcrwBS so ch^Tf ed to iDil« ADT defeooe, or I* i artt not pne^f^jcd lo eaur icid ii««i pro^f.
shew b^w the circncBUGCc* ot* the case were. ! taer had do notice i:t^ »Tich cvjdeoce wosjd be
So, my lords, «e mu>: be;; ieave 19 OAVe yi^iv I
IsrJsbipAJodg'meQtLi tiAiftoaauer. ' |
5©/. G«m. Mj bnh. if ibe noble lord pm- ;
dac*rth any ooe'to make r^nx bis iinxe&c^, -.id .
do D<A op^o^e ;i. B<it it'ihe n-'bie Lrd eoiiea-
Toars lo «-iew wbit ibe !aw i«, from the j»ric- '
tice of other pcf>ph>, ii m ahozcther improper. "
It 19 \myf^aih\t ttiai the law can be jodje^i r.f
by the pract:«r€ cf other people ia corcmitxinz '
^rtrn : Id aasv^er to --*.a;:j w-* kk^m.'Aw \
it, Luiat the Answer :oc EAWze lord maLi sifH.
titAt several ^ireslci.iiS' «:Eoeri io the eoons «
Uw «!;d equity have uways rcociTCC sacu pn-
sesi*. »s sufticirei*( notjee to thcfo t* be .rftrqarari
to ar^uier »a<:o er-.fieuoe »s aL^ic be jdcred b
supr^or; th^ *ilegacoc. 3iy Wros, as u lb
otusr U'j'^oD, that the opioicas oi' grcai ■■
are dl4 efticnce ia iteir owd cims, we i^aii
it tb^ in thlaf case it :s a muenai arcuiDsaaBL
the same facu. TTiai caa"l hare the weight r-f , -. , i. .^ ^ i . *■ . — i
the ofH'jiofi of a ffreat man. Tdc opiaioo of a • *^ *"^ p.i™*«- «i .- v" ^^ ' .
. '% ^ • ■ '^ • : DAiiKS toeT are nawiiizaf ic heark woo hi
learced person, n Jt corctmei m tne qawtiOD, I TTT " . ■ TT '^^ ^ " ^ ,. Tl
- • ■ - ■ ■ . kr,. ••-^ ..V..:.., ^r J I taken presMji* in like cases, ao-i MMlhooeil*
. ' c.-ifDoal. may cot ooatrotii your k>jcil«&^»' jorif^
\ an opioi'fi of wei^i : bat the o:thJ>^D of a . ■«*«^ P^****** '
per^'w cvocemed in tfce q'Je«rloo, :« do! to
lo- kc^J a ;jon as of £.ny ajthcirliy. IftheLob!e
lord Ep.ikes use of ibis kind of erid^DC?. by
way '•: m'd^^on, or of lesseninz hi* oJ«ce,
hi tMt Ticw it can be of no sl^ificaacy : be-
cause the a^'eraratioa or miii^Lon <: t the noble
lord*s offeoce ronu arise fr^m ibe \ irtioular
rircvimsTances. maoriCr. and facts of bi* offence.
We must suboiit it tbercf"e to your Icnlships'
eoDsivieratioa, whether ibis is a proper eaquj'y
or no.
Serj Fribyn. My lords, we bez ieave to ia-
sisi up-'ia .1. laai tb;s is a [nope: '|uf>iloa, aod
Terv iriaieri«: fjr the L>be Larl'^ liriccce. lie
hata msStrd in bis Aciwer, " Thai what is ob-
jecied to tiim ia this iosunce. haih been ioLg
lued aaJ pracil&cd in uSe ilmeot cis prcdeces-
uas ; aiid thai such presetii» bare beea reck-
oocd am^oj: ihe ancico; a^i kao-.tu p;:«jji-;:es
of the cre^i &<:^i ; and the uaL.ri^ aiji LCcepi-
in^ ihcrei*: ..aih bcca DOi'>r.ous tu oA liie n-j.-id,
and Leicr i^'i^rt lM>ked upou to be criipir*^]. or
CAmp!ji;jrd uf as such; and iLai he humbiy
hO|Kr». ihil ihc ^ir'D^ or receiiiDkr^^f & pre^t
on such aa occasiua, is Dtither cnailnal in it-
selr. v.'3Z b\ ihe coM.muo law ot liiksre^Im ; and
ti)«.i iiicTc'.a liO'.aiiV a^t •4'p:iriisiQif:i.iby uhicb
the «irrie ;s suujccted to any puiiUhmeoi or
jad«:a.ca:. whicn can be pra\e«l in thi« priMe-
cuuoo ; ai.d the said £a:l Vunher h^ith saiiJ,
tha he ih.:^ks ii.m^ t' oulijed btimbiv to lay
this before \Gur ;unJsbif«. not on.v m his ovin
(lefto:^e« b-^t ia tiij .^c^h^h ft ihr nonour of so
many ^:eai aod exceilcc: mrn. who \.i\e Uien
his predecessors in the sarije umce. and h^ve ail
aloa«; dcoe the same, for which he is d«>w com-
Ehiaedof; and al»o of others, who h^re beea
>.-ii chief jufiices of the kici^Vbfccli, and
Common Pieas, blasters of tfie Roiis, and
judges, who have likewise receneJ presents in
mooeyf upon the adjiii^sioD of the several of-
fioers under ihem m the ic>p«cti«'e courts of '
justice wherein they presided ; aod viiio. the i
said Earl i» aasured.' never appreben'jed them- i
sdvn to be guilty of any crime against any the ,
good aod « bulesome laws or sututes ol' this |
Kaha.*' And therefore we take it to be our | produce of hving wis
dutj logite proper evidence to support this j apprehend ve arc prupo*, as it is put sfihtflrt-
9»n of Ihe mUb £ui't Answer, iku, bi j ler w issue facforajew knhhif Y«v M"
meut ia this pan^u ar ; yet 1 humbdy i^pe>
bend that such i.^sunses cacocc bui havefnri
Wright la the evect ot this case. Tciey a!« M-
teriii circuffifta&ccs, strvrog uhJuceiiKfi'i Hi^
dine your lords b p» to belteve, that th^i snh
lord Lad d*j avarkiji«. dv corrapt de^^gi, A
accepting the commJB.cusUMbuy preMotsikH
were v oluntanly tendered to hi:n.' And sasf il
is made so naatehai a part of his deieoee, tM
thai he miVni wrll ib:&k Limseif ioaoMnlisrf
Secure in loiSowing the examftMES of so nasr
hcuourable aod learned persoos. of «bich *c
are prepared to gii e your ljrds;^ipf masy B'
stances la etidence : aod sine? ibrv have asliK
of it. and that the uo'M lord hith Insisud sfsi
itin hks Ansver, we humbly beg tocr lordifcip
will admit us to give the'sevo^ laauaemm
evitieoce.
Cc"i. 5(fW. My lords, I beg vour Icrdskfi'
pailecce. My h>rd>. we hurij'bly apprriad
tiiis is very proper aod re^ruiir evideacc. I
thick there* can be no evidence more proper. If
the nobie lord sbou!d have the mistfartODc is be
thought cu.pable. v.:l he no: appear onuertf-
oibcr v.ew to your kfrdsbips. woeabe batbtf
the coccurre.ioe of several great persdoa d
whose iaiegrity. honour, and knowledge, si
question hath ever been made ? If he hiaidl
baih icipjduced ibis practice, and sec it sp kv
himself, i: w;ll iben most certainly be an a^^n*
vauoD ; U he bath d«^e no more than otbai
hat c done, it wiil be an extenuation. My M^
taking it in that h^bt. there is no reason vkr
this evidence should nut be grreo. But 1 bifC
your k>njsuips »iU tarther consider of the pe-
sent case : nere is a law insisted npon, of se-
veral hundred years standing, that makes tk«
crimina! : it is owned tliat there bath bees if
deurminatioo. or judgment at law that tktf ii
criminal : practice, especially in respect d
o-!d siaiuurs. bath urieciimes been alkiwed mi
admit:eJ to eapiain the se&se aod meaning d
those sututes. There are no records pmuNl
ixf this, and tberdore we are nnder a "^
to confiae ourselves to socfa evi
Jhr High Crimes and Misdemeanors*
A*D. 1725-
[1134
r«ft •■ w»\\ iii try the Earl't AnnwcTp an
'Articles. AnoUierctrcotiiataoce
are (fleasint l^ nKiilion at^ainsl reci*i?iti^
I eriiJencc, ia, the takiu^ up of yoyr loril-
bi|»* timp. Vour brdsUips have biul tliegtK»d-
piwi ami juslice to Ucar, Mitli gre&t prttienee, a
(rtry looif eridencei *»uh repeal*" 'oiia
iAO opeDtngtofthe Aittcl^tin ft vea
polile pecr^ one of your own body, tu be guilty :
pMi It b4? supnoved that your lordships will not
live that piitietioe, which is due to nil people in
ilfoor of innocftoce, and wbtfoone of your own
lody 4i»nd« impeached ? For tb«se reaiK>nj« we
bambly hope lliat thii evidence shall he ad -
IWited ; and that the nohlc Earl shall have the
banefit of thii explaoutioii, whaitbf^ ncme of •(»
ny great and exotlleot tneti halh been of Ihia
DdiioQlitftd at^iuU!*.
ohins. My loir' prchend your
will Dot lie • ilKtt IhiH will
ffcnd the present mmLii-. Jinifut, hy the
diing of othrrs* We [ay it dow« as tlie
Atioaof our acting, that cjur |)redft!€^)$or«
^ II16 latne, notwithstanding' this sta-
^V.A)kArt\ f», and thertffore U j>* a reaHOoa-
i this waij not tiiken (o he
M' >Kte, We apprehend it can*
; Tf fleet 1 that t\rt^ cithtT dead or
as; *, ntil V ti are ru defence of this
ftblu lord, w*i aw lU liberty to exjioiioe wit*
n^ to pitHTe thai other pertons, Uis prede-
y, have doue the aarue.
Strange^ My lonlSt I apprelieud we
aauie ricfht to justify ourscUx'« hy
dents, m thev trnvi* to aci^ujie u» hy pre*
Whttt tW tiobfo EarPs priHleceaisors
er m^tnnrr?: hnvr dnitf% h:tT*i hren ruen-
|l> '-eori>r.
. .md over
tiiitn ut iht; IImu K wt Commons;
llTe o^g^ravatrd thi» *(H>nr<* of the
"" ilOt (blUiWJr ' '^^til ;
iiirtg^httotf .rVs
f BOt ffi|U*witi{j Iht- jii* ♦ ♦jiifriiy ot hif(
, no we think we hnve the same
1; .
alii
la\\
tlat IS soj or tH>t, IS the
i'i bL> uTiuri.il lor the
ourcini-
,,1 ojpj^l
lit,
• i om
e act ut jiui UutntJiU, ii< ihu hcstex^
' at law. CotetEiporary tisanpei or
of those^ who were at the time of
* of a IttWf huth blwa\b been ea-
tivM ill m of that law ; and
, a« wr us Age to be coti-
ta what \yr ao\r insist upon^ 1 huiii-
tl w til have a grtat int)ttet»ce upun
^ itMf ta I'd the e3r|K>fiitioti to be dow
lliia id of pafltamcDt : it hath h^^en
vmaf of nrooeediag trmla to accuse
ot iioaoiiri £0. »vioe that ire
dead, and aotne that aire bow liriit^ i w« shall
not eoter itito tso otce a debate ; it ia tuJBcmnt
for ui that it is proper aod iiecesaary etidenoo
for the deience of our drent. It ie a material
evidence in ihb case, whether other peraotia
have disposed of these offices, and hate io«
tmrred any penalty : if they have done it, I
humbly apprebi'nd that uo uhjeiiioti remains
ȣfaio8t our enttiriiig into tiie evideoct; at thai
I kind. Whatever is your lordships* jufl|fnient
in point of law, it is noatericil for your luid*
ships' consideration, whether thii^ nobtc lord
bath st-'t this on foot of his own ucocrd, or hatU
not trod in the paths of bis noble predecessors?
Your lordiihips will take it into your conaider»t^
tioo, und wlmtevf^r the point ot law may hap
Eeo to he^ it must be suid, that if this tiou
>rd did err. he erred with his predecessors.
E, of MaccUiJitld, My lords, 1 would not
trouble your lordships, if I did not think it ne-
cessary to insist upon your lordships admitting
this evidence: indeed, if I thought it would
impeach the character or reputaUon of any of
the noble lords* who have been my predeces-
sors, wheiher they be iiow dead or alive, 1
wt^uld uuderi^o any puDishment rather than do
it. But I hope it was innocent , both in them
and me ; and that its being done by persons of
such unblemishe^l honour, will be one strong
argument of its beingf so ^ and, ray buds, I
protest their example was the singfle res»ioii
with me for doinir i>f it ; and if it bud not been
done l^efore, I would not have done it: thta
was the tnie ground of what I hare done.
Pi>f what these sfentlemen say, my lords, thai
this is not material ^ and that the law muvt be
proved by law books and jod^^ments, I tliou]ght
the common law w«r conmiou usA^ji*, iind that
which bath convtanvly and opt*nly beeti done
witliout bein^;' censured or blamed, cannot b«
contrary to common law. If this lie not al*
luwed^ I nm hij^hly oblige^l to these genile-
www, thnl they have not accused me (or t5*kiDgf
mou<"y in m-my other instunecu, relattni; to my
OlBct;'; to inxtjAucc in one only, upon the pjiss-
* . .. ' ^tpijtthiTe i«i nKmall fee due, and
' u» the i^reat sea^l ; if ibey had
.....,-,, ..- .r lhi», atid cslled it criminal, I
kitow not what to have naid to it, imless <i!^ai^o
and custom had justitied it ; I claim it aa
a rjfifht, and unless usage wilt prove th#
ri^lity I know uo other %vny. I o^^^n this ia
honielhini^ ilirtVrent : in that case, 1 insist oa
a parrlcubr sora hy mm^^e: 1 do not insi^itiii
this Cfi%v^ that then* is a particular sum due aa
a fee, but that 1 had a ritj^ht, or liberty^ to ac-
cept of ftucli a sum ax the party should (^ive :
but, say the gentlemen, this evidence is \n
make other persona criminul ; th.tt is very
true, if this he a crime. Thew^ genilemeii
take it for (granted i but wh< tber it t>e a en me
or no, wdl be for your hinUlnpH' linid determi-
nation : and i ho|>e your UoasihipM will iHUt b«
of optuion that it kh a crime. It it nhcmltl com*
out 10 be in your lords htf»s' jud<^ment a criq|%
it IV ill b« a great ccaaure upoa my predtocs**
I
I
1 135 J
10 GEORGE I.
Trial of the Earl of Macclesfield^
[1136
flors, who all, as it ig well known by every
body, did the same thiagf. But if* this be un-
derstood to be a matter, that is admitted to have
been practised, and to need no formal proof, I
bad rather let this examination alone : it is un-
easy to me, to enter upon any thing* that can
dravir a refltrction upon any person : therefore
I submit it to your lordships.
Serj. Pengelly, My lords, the Managers are
accountable to the Commons for any thing
they admit without their direction ; therefore,
unless they are satisfied and convinced that
tiiey ou((ht to admit it, it is not to be expected
tortile Managers to do it. It is said, that the
things offered are in extenuation : that it would
be a greater guilt, if there were not former ex-
amples to justify it : I apprehend, for that rea-
son, it is an improper time to insist upon this
uow : because matters of aggravation or ex-
tenuation must come subsequent to your lord-
ships' determination on the Articles, and will be
Ibr the consideration of your lordships, when
you come to consider of, the judgment (hat is to
be given. 1 have known, by freauent experi-
ence, in prosecutions of a criminal nature, that
where the defendant hath been convicted, he
hath been allowed to lay circumstances before
the Court in mitigation of the punishment :
and if, hereafter, this comes to be considered
of in this manner, the Managers will have an
opportunity to give a proper answer thereto.
It in this ans\%er he had insisted on it as an
established fee supported by custom, and had
claimed it as of right, it had been proper to
have examined witnesses in support of that;
but when he insists upon it as a matter of discre-
tion, and of explanatiuuofan act of parliament,
we cannot admit it. It is not proper to give in
evidence, that which doth not make good the
defence in answer to tlie Articles. We cannot
admit a thing of this nature, ivhich may be at-
tended with great inconveniencies. We do
not know what may be gralled on such an ad-
mission ; therefore we beg leave to submit it
to your lur(l:>hips' determination.
Mr. Lutwyche. My lords, It is said very
roundly, that tliis is an old, doubtful statute,
and therefore you ought not to take notice of
it. As to the doubtfulness of it, I believe it is
too plain ; as to the obsoleteness of it, it is a
htatiite that is read every year in the Court of
Exchequer. And therefore, whatever doubts
may l)eof this matter at the common law, yet
this statute makes it plain. And 1 desire the
counsel for the noble lord to tell us, where any
statute is mure plain and positive ; and wherein
they have shewn the least doubtfulness in the
world, but rather object that it hath gone too
iar. Dothany juds^e in point of evidence, on
an indictment for breach of a statute-law,
permit itertions to Q:ive evidence that others
have been guilty of the same facts, and that
therefore it is no breach of the law > Suppose
this is to be considered as doubtful, on con-
struction of the sUtute, what then is the com-
noa ordinary method P It is well known, that
the jury find the fact specially, and it is re-
ferred to the Court for their opinion on the law.
My lords, give me leave to mention how this
matter is ; here is an act of parliament, a ge-
neral act, the judges are to take notice of it, it
is plain and positive ; the counsel make a doubt
on the construction of this statute ; it is in-
sisted upon, that other people have done it,
and have not been punished ; and would such
a thing be ever permitted to be tbund by a jury,
or would any regard be had to it if found ? I
apprehend the noble lord, who hath been a
great master of evidence in his time, wonU not
have permitted it to be done: they have shewa
no precedent for it : in its own nature it is uu-
reasonable. Are we to examine into the (mt-
ticular manner and circumstances of every
particular case of the several perBOiis that tit
now either dead or living? it is unreasonable,
it is unprecedented, to offer such evideoce;
and I hope your lordshi[»s will not admit of it.
Mr. Plumtner. My lords, the counsel fur the
noble loni take that for granted which «e
deny. The admitting these witnesses to be
examined, is admitting that it is not a crime.
Reputation is of great value, and great can
ousfht to be taken *xt' it ; and we are willing is
take care of the repulaliun of the nobie loril'i
Iiredecessore. I am not a lawyer, but I never
leard that that was not a crime, which id
act of parliament says is so. And tliattbif
is a crime, I beg leave to remind your hird-
ships, tiiut he himself declared so to the Maai-
ters in Chancery, that they had bou<;ht thrir
places against law. i take that to he o fair
confession that his opinion was, that it wui
crime.
Lord Lcchmcrc. Before the counsel with-
dra»v, I would have this question explaiue«l tu
mc by the counsel of the noble lonl, wbetbef
this practice be insisted on as a proof of a ri;;lit
in the great seal to take this as a perqui^site, or
whether it be oifered as an extenuation ?
Sorj. Prubyn. My lords, we insist upon itia
both rei»pects.
[Then the Manasfers and Counsel were or-
dcied to withdraw ; and after some time, btto;;
called in again,]
Lord Chief Justice King, Mr. Serjeant Prs*
byn, It is their lonlships' judgment that ^oa
arc at liberty to pnK'Ccd in your evidence,' u
you wtre^jfoingon.
JSerj. Prol'j/ti. i\ly lords, we desire 3Ir. Kogv
Lewis may be called again.
I\Ir. Lewis called.
Serj. Prvhyii. My lonls, I desire this wit-
ness may bo aske.l, \w\v long he hath beeps
dcjiuty III t'.ie ohi<>e of the Clt* rk of tiie Cus-
todies :' — i.tr, -k. Aboui 35 years.
Serj. Pn.hfu, Who was\heu in the office.'
hcMis. i\lr. Henry Wynne.
Serj. Prubyn. IJuw long did he contiooeii
that oihce ;' — Lcuis, About twelve mootbs.
Serj. Probyn, 1 Jo you know who
him ^^Leuiiu Mr. Koger '"
Jv/r High Crimei and MUdemtannr$.
I Eurreudered
A. D. 1725.
[M!
Prohyn. My lord*i. f ilcsire he may he
Mr. Wytiac, or Mr.
Tliompton on tils ft'i
Lrmis. t do not ki:;
BIr. Thompson,
l^n, Pi^«yj|, By
Vii. Nrt ; but HI r. Wynoe laM roe—
^^rj. i*/ ' Mr, UynneUfbgordcad?
8«). PcTigiily. My Imih, ue beg^ le:ife lo
'(jeci to lhi8 : wbat a partictitar jMrfsou luhl
I ia Qot evidence ; if c hop€ this ih4ll not be
ftnitted,
Mr. Lutwyche. They know ttiii vrat at? <rr
Rowed.
1^1 j. Pn*htn. If the miin be nving", the oh-
ctioti i« iro<Hl, but now he is dend, i^e bo|>G it
he ttUowed.
Strj. Tbe gentlemen object, that wc
Ht liberty to ask what \\k\\\ been de-
dared coikcernifif^ that matter by u person th^t
_Vk now Jead ; we humbly apprehend it ii wilhifi
Ltle of eridence, »nd I itiuit appeal to the
oory of your IordAhi|i«, wheti«rr it hi oot
art of\hc evidence that hath bcoo g^reo
! Munntfei*,
arl o\M ' :J. My lords, what we are
Rlriog eviili uf a tbiuiT tryo«actcd 3a
ago; 11)1.' pnriies arf ait dead: be is
Itou^reyou itn account ofuhiklhe did, and
lid to hurt at that ttiuc by btH raanter, in
D««ictLn)( Ibat uffair. If the |>«^r3iOfi iLat
were now alive, to be examinetl to it
>1f before your lordships^ it wouhl not be
ace wilbt^ui L.\;inilrifTM/ bltn ; but if dead,
be aaid eon ; may be g^iven
deuce, it ^^ lie party*! own
and what be ioUl biui Ai the time it waj>>
Tbcreforc wc bope Ibey wil) not
\ this evidence, which iu the nature of
Ring k all that potoibly can be now
GtH, My tordff I hope this Is what
rlordihipa wiH not 6u(f<?r to be done. I
Iknew the adyitigs of a dead man given
Wence to prove a particular fact: tbev
i bren only admitted in proof of grnornf
aud cuslouH ; but as for a pai titular
Myini; iu tbe knowled((e of a purticubr
n^ by his death you bare lost your cvi-
_ I or Maccft^eld. My lords, if tliey will
list upon it, we inuU tulhdraw.
"Ir* Viurnmrr, This mou here is upon hl^
\ but the evidence that be must ^xf^ of
siu^of another^ must be of a xstyxug not
Mb.
[T^ivof^ If there be » diiTerenee In opi-
**r lord and the MaTui^er«f
But I dooH &CC arjy
' '^ ill tell my miiMion,
uce i* no evJiJtoce.
"'■* ■"■♦'^frm your
ling as to
wh* 1 know thai Mr. ^ynoe^ Whether he
or was ^ing to surrender, 1
don't rfrtf'^>L*>*^ i.t^t la- told m<
Serj, i My lords, they arc jfolfig oti
again in lu. „ ... ivay,
Serj. Proh^n* l>o you know any thing of
your own knuMledgv i*
Lat^i$. I had ttioncy In my hands of Mr.
WynnpV. Ff e tn!d m^
S ' nee of this sort is by
yo«i It not to bepermitted«
JScrj, rrotyya. He infofuis >onr tord^thipSi
that he hnth known tbi^ otfjcc 35 yearH, Now,
I desiie that !i "i dare what hnlh beeit
the vi^niiK* on ^ and adtnittauces into
this ollice of i i<-ik oi tlie Custodies, whether
any present, or gratuity, hath been made to
the great sealf
Serj, Pcngeiiy, This ii the tame thing
•gain.
Sol. Gen, If gentlemcfi put this general
qneation with no other view but to draw out
what your lordships batre determined to be do
evidetice, we must oppose it. ft is a plain
<lueftion^ wbetiier ho knows of his own knoii^*
Jcd^e that any money ^vas given T And we
desire he Riay'beconQuei) to hit own know-
Wge.
Earl of Mactlajieid. The gentlemen tay,
thai as to itialtera of usage, it ii» uiual to en*
quire what old tnen have said and declared. I
appreheud this is a matter of usage we art
unw -- . :-^";^ aflrr j but if your lordships arc
of lhi4 should not be asktd» I be-
liev. ...^ . ,..j uot know any thing of Um own
knowledge of the money being actually paid 19
tbe great seal.
Serj, Prohyn> My lordw, wc desire that Mr.
William Oakcr may be called,
Mf « Ottkir iworn.
8erj. Pro5yn. My lords, lire desire that Mr.
Oaker insy bo asked, whether he ktiows of
any demand, or claim, made upon Uie ad-
mission or surrender of ll»e Clerk of the Cus-
todies, and by whom :'
Seij. Pengelfy, My lords, this qoesttoQ i«
contrived in an odd manner. Tbe cjuestion
must arise upon the fai'i, not antecedent in the
fact. The question of any duim before should
be, wbethprhe knows of any money paid, and
in what mumrt •*
E. of '. i, U is the stronger, if it
aj» claimt nd: but I apprehend, if ii
frere only ciaimcd» it is evvdcnce.
Oahrr, J don't well understand the qutf-
tlttii as it i« put ; but I remember tn my lonl
Cowprr's first time^ in the year 1710, that
office was trannferred from tVfr, *rhomi«ioii to
Mr. Edwards; 1 was then sccrttary of the
lunutic«^ " ' umber I puquircd of one or
both of t leroen, if any present wai
mode to iijv f'*ris oo that occatiian ; and was
answered, Vhal nothing had bepu us^oally
given in llie cane of •'"»♦ -^^'^''p, and (hut they
had aatisflod my >1* AAeri»4rd«,
I
when
my
Iwd Ct
the great seat
again, and 1 was again secretary of the Itma'
4n
1IS9]
le GEORGE I.
Trial of the Earl of Macclqfield,
[114D
tics, his lordsbip was pleased to obcerre to me,
that be bad suffered himself to be imposed
vpoDtn several matters, when he had the seal
before, and intUinced particularly in the affair
of transferring the office of the Clerk of the
Custodies ; and said, he was very well satis6ed
tho«e i^ntleraen bad imposed upon him, by
assuring him that nothing bad usually been
given on transferring that office ; for be was
well assured there had been presents on that
occasion, and did not see any reason why there
should not: and his lordship ordered me to
enquire, as particolarly as 1 could, what had
been given, and by whom, that he might know
what to do if a thing of that kind should happen
again.
31 r. Plummtr, My lords, I beliere thisiren-
tieman was senant to my lord Cowper, when
he H'as chancellor last; 1 desire to know if any
vacancy of this office happened in the last time
that lie was chancellor ?
Qdker. There was a vacancy in the last
time. I don't know what sum of money was
given for it.
Mr. Piummer. Mv lords, I desire this wit-
ness may be asked, if ever be kpew thai my
lord Cow per did take any thing for the sur-
rentier of this place?
Chker. 1 don*t know, I believe he had no-
thing the first time ; but ha thonght himself
imposed upon in it, and bid me enquire abont
it. As to the second time, I never could inform
myself what was done in it.
Lord Lickmtrt, I desire be may be askeil.
who it was that surrendered tils plaice of Clerk
of the Custodies, and to whom ? Name them.
Oiiker. The first was Mr. lliompson, wlio
surrendered to Mr. Edwardf, he surrendered
Ij Mr. John Bennei, and Mr. JuLa Ekooct
surrendered to Mr. Thomas Brnoet.
3Ir. OisLk'. -My lonls, I desire, before Mr.
Oaker goes, that he may explain himstU.
w'liicli of those two times i& wa» that u:y lord
Cow{'<r said he wa« imposed npor. ."
Oj'.tr. It was.iLe ti-*x licic.
3Ir. O iiu.:c. 1 Jcsire to Luow if he took a"}'
tl.!n^ at either time.*
V-^'ir. I don't kr.ow ccbsrwlia than n I
have l!*:fuft: declired.
S?rj. frj:; i. My i'Tii.i, we desire tL*i Mr.
tuk^ i.i Dupper ma\ w cillei.
Mr. D-r-i" sworn.
Serv F.-.-iti. My !on.»s, I desire that Mr.
Jj.i^'pir iciy be uked, w hether he knows of
•3\ siua v!' 'uiuutv that bath been paid, or re-
ici^L : cu the s-.ir'rtrzider or aici'ss^cu of asy
CIc's '.{ ii.e CiTSToJIes .'
D^-i<r. I Ki'J rj: *of any moj <y jidi-J. 1
ci'J C.*c ILV Icn' M.iCv*.\>'.'i-.4d J-1 aCv-'Ul! \\\AX
6Ur-« ■:.'-.»- A' ti'ai orce Ulor^f Wrf >l:. Ma-
*ii-';. y-j.-t. r.cm wlwm hil \ - ;"■ xi •:•
i"**- „■. My lonU. \ »k':i*t know t »•» r'jjj I
r:L.\ ^ r^:.i:.ii-\%i v save :kii p^iWA's u4uc.
Many Lords, Name him.
E. of MaccUifiM, Was it from one that bad
the custody of the great seal ?
Dupper. Yet, my lords.
Lord . n bom wai it from ? ■
Dupper, I had it from my lord UaroosL
My lords, I cannot say 1 saw the money ac-
tually paid ; neither can I say, that his'lord-
ship received ibis money. Biit I was a ser-
vant to my lord Harcourt, and bis lorUip
kept an account of the profits of Um offiee «
Lord High Chancellor in his time, in his oai
writing ; and 1 made two copies of that ac-
count in a Urge band-writing for his lordskif^
use ; and I generally made two copies of cm,
for fear one should be k»t or mislaid wfca
wanted. One of these copies I kept by w,
which I have here ; in it is an account of ik
yearly profits of that office, and there is ikii
particular item of 950 giuneas reoeiTed for tk
surrender of the office of Clerk of the Cofis-
dies, which I copied from a memorandom, m
account of bis lordship^s own hand-writing.
Serj. Pengeliy. 3Iy lords, I don't know what
he is going to" do. ' I hope there is very lilile
notice to be taken of what lie bath said. A
man tells a story that is a servant: 1 hope m
credit will be given to what be says.
Cc^. SirJ, My lords, 1 desire he may iafiirfl
your iordsh:ps, when it was he gave an aoeoart
to the earl of 3Iacclesfield, that so mack
money had been paid, and upon what occsani
itnas.*
Seij. Pfn^tUy. Give an account ! hekisws
nothing.
C. Ji. iSt-7. My lords, I hope too will «l
thick it an improper question, ife says, iktf
he gave an account 1 desire to know what be
gave an accocn! of, and it he knows upon wkit
occ-ksion it was .'
D%ff cr. >ly lords, the reason of mv gmop
th^s account was, here was a discourse lictwets
Mr. Coninghao', nlir» was my lord Maddef-
fietd's secrHary, and myvtlf. ahout the nficc
cf Citrk f^i i!.e C>:>t>.d'':es. Mr. Coitingbam
!• Id me, t!.it 3Ir. Dr^net was guing to siinca-
d<»r his pang cf CIcTk of the Custodies: I a*-
ed him to uuom ? He told me, it was to bii
neighbour Mr. Ham^rsley. J answered, I sa
T( "v g!&j (o hear it ; there will then be a picsi
•f rL^Lcv tor my Lor>i CuauoeUor. Mr. Coc-
I' i^^hini'said, that :s moce than I know; wai
■here e%er any money paid opun the traosfcr
of iLis o£ce'? I said, Yts, 1 remember tbcit
«a», and 1 never kr.ew any offices or pbeei
under the great se&l L-ansferred without an ac-
know It^^ent paid \jj ibe great seal. Re ask-
ed nve wbdt .' 1 told him. 1 had a copy of tkt
avVvust <:f tbe prvdu or the great seal,' kept by
try k-rJ Hirozort en his time, and that I wosM
-vvk ::-.;.' :hat c^. y. ar<j tell him what had ben
ri.xi *r :l.e su-Tvcder ot' that office. I did loak
. ;>« :hi: cv^y. azd tb« next dav I told Mr.
1 a \;ha3*.'t!>ai :oO ^ineas haJ '^een paid os
\..< «rr7«\-^jr Of that 'office. And afterwai^
9*d be-vrv ih« inMt^r, 1 tsM my Wid Mae-
c:«Mkid«C'al.
lUf]
JitT High Crimes and Mitdemtanort,
A, D. 1:25.
[1142
Mr. 5^r«fi^e. When Mr» Hamersley wat
omed, I Je%ire to It now if Mr. Cotiingh^m
dill not at tb«t time cult liitii Im« tiei)i;[ht>our *
Dupp€r, 1 iliii Dot know jMr. Hnmersley at
that (laitf i Uit Mr. Cuttiughain called him his
JMr '*' -. IVIy lonts, 1 tltnii-e lie may be
•ike<i 1 my lord Bla4:dc!i(uld uf tlib
lief#iru fi 1 . ut-tjfiet reaig^ottl to II r. Haitiervlcy ?
Duf'ficr. Yes, 1 did, iiiy lord?*.
/. r. 4, y,^/ ^\y tonJd, | desire lo aak
tu I tliiiik lie h plcaa^ to say
ere J ice under the great seal bul what
ackiiowkHtf^utcDt is uketi fur: 1 dt^^iire lu
aw i»liHher lie Ijimaelf iiaih not a place
fir en blin by that nolito toitj tor bis life i
Dupptr. No, my tordi.
1^1 r. Ltd t wye he. Had you do place at aU
giren yow f
~ Xhipprr I ba?e the rei^er«loti of * p1ac6«
Ifeiob If uot falten ai yet*
Mr ^ 'it; What place is tbat?
Du "' seal«rr's place.
Mr, i^iiiir^aht. Do you enjoy tbat place ?
Duppcr. Ko.
Mr. Lutmycke. Was ibere any money given
br thttt pUce ?
Dupptr, No, Sir; It ia wbat I bad for 15
•ears service, I wan bis clerk, »i*d 1 acted as
pia steward in to^vn and country a f^reat tnaoy
veara; and bii» tord^bip waa pleased to give roe
Miat reversiion as a reward lor tbe labour and
aina I took in bis service.
bert. i*engdty. My lords, t desire he may
j^ked, bow lon^ after it was that be car-
It bis account lo Mr. Coltin^hfiu) that be
aks of, bow longf afrer be bad tound it ?
Duppcr. 1 don't exactly remeinUtr : Bat as
fti 1 can f^uess, it was tbe next day, the
L time that I »iavv bim atlerw»rd«i.
PfngeUi/. I desire he miiy In* asked<»
whether ut tbut time he ifRFf satinl action to Mr.
L'ottiii^luun, thai it ou^^ht to hat in^i^ltid upon i^
Duppfr, 1 told biu) »o much bad been g^iven
or the t>unender of that office^ aud I never
r of any ofHce under the great seal trnas-
1 without mouey.
f» Luiuyihf. 1 desire Mr. Dupjier may
JuDt your lordsbipit what the yearly value
3iat omcc is tbat was given to b'lm f
Dapper. I never was in poAfiessioii of it.
Mr. Luiwycht. Do you know what J« tbe
e^rly vabie of it ? — D upper. No,
fifr. Luluychc. Can yo\» giie no account
Ttif
per* No: Tbe man bath been in jio*-
lloii of it, I l^elieve, tbe»e thre^'*<«icore years,
I believe be wdl lire these tbree-score
veanr tonjiper*
8rr}. Pralyn, My lords, we deaJre tbat Mr.
liloo may be called.
Mr. Luiim twom.
Bmj* i*m^yn» 1 df*<(iri« be miiy be asked|
rlM«brr he was DOt I itor?
Jjuion^ I was a ( ^i^ears.
danu ikQ» I dciirc tiiaL ba ivui ititoroa your
lordabipt, whether any money wu paid, cither
by bim or any other i^
8rrj. Peu^eliy. My lords^ we beg leave to
understainl your lordships' rtnolution, whtthcr
it cKiends to allow an exiiintnuttuu hs tn the
telliiii; of any other offices mi contained in tbe
Articles?
S^erj. Probyn. My lords, we shall endeavour
to prore that acknowledgments have been an*
ciently and usually puid upon adrni*$j»ious bito
all offie«fs under Ihe ^^retti seal, and thi* is port
of this noble binlV defence, that it h u^ual lot
tbe great seal to take luouey for Ihe trtuisler-
riog of those offices. This witness was one of
tbe cnraitois in the Court of Chaocct y ; there-
fore I hope it in proper to give evidrnc<! of
money given for those offices, as biMuu ufKces
under the great Keal. Therefore, my lords, I
desire be may be asked, whether he hath
known of any money paid to the great seal
u(ion the surrender or ailmiission of any cur-
sitor P
31r. Lutaryche. Bly lords, I mibtuit it whe-
ther it is proper for your lordships to let thent
into this evidence. I take it, that the* imme-
diate questions before your lordships are unly
upon two sorts of oftire^^ one ol the Clerka of
the Custodies, the other the ^la^ters in Chan-
cery. Now, uhetber your lordships will let
tliem ioto an evidence of all the othces of tbe
kingdom, which is very extensive^ J submit to
your lont^hips' considetation
Mr. PluTFimer. Voyr lordships ybnerre, that
we have not gone upoutbe 10th Article, nvliere
we have laid that he sold Revtral other offices :
constderiDg the great exteiHivchcss of it, and
tbat it would draw this trtat into ngrciit length,
we have waved it ; and therefore} vuhmit it to
your lordships* consideration, whether h« shall
make his defence to any thing we have not yet
given evidence to ?
Earl nf Maccletfield, This would be to put a
great difficulty U|N>n me. Th*' ( 'hur -#> against
mc being foundeil upon a s<ii 'bat tbe
taking money ui>ou adniM ^ , < na into
iitHces in tbe Court ol' Chancery i& criminal ;
part of m)' defence is, that tlie constant practice
of my predecessors shews the general opinioa
lo be otherwise, and lb ere fore f have by my
Answer in«)«ted upon it^i^nera)lv« that not only
for the one pArlicubr otHre of the Clerk of th«
Cuitodtes, or Clusters in Chancery, but for all
other offices umler the grewt SKal,'mon»-y balii
beengiv«n^ thrrcfore, wheilurthe ofHce for
which I prove the money to bv given, be one vf
the offices obarged in the Ariieles, and pfO*
ceedeil u|Mmi, or another not chargrd, or
charged and waved, it will be the same tbmg.
Tbe argument i« the same with rcipect to tbe
foundation of tbe accusation » if to all other
offices, of which pvraous now hving can give
an account, monies have been taken without
crime, and without blame; by purity of reu^ori
it may lie taken in iheae. I ofltfr tins «rvidence
not lo shew I am not crimii»al ^ub respect to
the cursitors^ ofBcea ; their waving tbat general
Article which cuntprisMi tbeiUi admits it; but
1I43J 10 GEORGE I.
to make out that branch of the indaction, in
order to infer from the whole my not bong
criminal in the particulard they do proceed
upon ; for if it was no crime Ui take money
from the ciirsitors, and all the rest, besides the
Masters in Chancery and Clerk of theCustodies,
it is no more so to take it from them : if this
<ibiection be allowed, the proof, which in its
full latitude would be of great extent, and go to
all my predecessors within 50 or 60 years, will
be conflned to a very narrow compass, when
restrained to what account can be given in only
two sorts of offices, by persons who saw the
money paid, and happen to be still alive. Be-
tides, for strengthening that argument from
other instances, 1 have in another part of my
Answer insisted, that other persons of great
wisdom and honour have likewise, wiUiout
scruple, and without censure, disposed of other
offices for money; that this hath been con-
stantly practised m the disposal of all sorts of
offices in Westminster- hall, money hath been
taken for them all along ; this proof I must be
cut off from too, if I am to give evidence only
of what was done in the case of those offices
for which they proceed against roe : I hope,
therefore, the gentlemen will not oppose the
going on to make the proof proposed by my
counsel.
Herj. Pen^elly. My lords, if it be put in this
general manner of all other courts, and in all
other instances, we apprehend it will be a very
extraordinary examination. A person is chaigeil
with a particular charge of one fact, and he
would examine to another, with which he is
not charged. This is beside the issue, and not
before your lordsbi|>s. Here is a Charge by
the Commons of Great Britain, and an An-
swer and defence to that, which can go only to
those (larticular offices charged. Now, to in-
troduce an evidence of this nature, is exceeding
any rule or instance that hath been ever heard
of. If they apprehend, by proposing aud in-
sisting on it in this High Court of Judicature,
they shall be allowed to proceed in a method
wholly new, we rau't tell the consequence of
such an allowance : and it is to no puri>ose for
tlie Managers to come prepared to examiue to
a particular fact stated between us, when there
may be ten thousand things insisted on that
are not in issue.
Lord Viscount Townshend. I canH say this
is within the rule your lordships laid down.
If it is insisted upon, the counsel must with-
draw.
£. of Maccltsficld, My lords, I dun*t know
whether this will not go through a great part
of ray defence, which will be to shew that other
offici-f! have been disposed of by the Master of
the Rolls, the chief justices, aud other judges.
This is in my Answer : the Commons had no-
tice of it ; and they have joined issue upon it. 1
wonder to hear it said ilivy have not joined
issue, when in the Answer it is insisted upon,
and they have replied thereto. This is a thing
that these gentlemen are very well aware of;
it is fo general tad imifmal a diing, that every
Trial of the Earl of Macclesfield, [1 144
body knows of it. I don't know vhelher it is
intended to make any dislinctioD between this
case, and what is done in other oases; if they
do, I would be glad to bear it; if they do not,
then I would b^ your lordships' deternunalisi
upon it.
(Serj. Pengelly. My lords, we are not to de-
clare our opinion, whetlier there is any dif-
ference, or not ; the quoitloo is in point of eri-
dence.
Sol. Gen. My lords, I don't apprebead ibt
we have joined issue on every thing thattht
noble earl hath thought fit to put in his At-
swer. The Commons have charged him wiA
several crimes; he hath answered to ihsN
crimes; the Commons reply, that they an
ready to make good their Chaise. Bj thi^
issue is joined upon every thio^ in the Chaige;
but not upon every foreign thmg that he Im
put into his Answer. We insist that be is sol
to give evidence of the sale of any other offioHi
but of those that be is particularly chayit
with. As to the cursitors' office, and other fl(^
fices that he is not chaiged with, we eay hcii
to give no evidence.
Mr. Lutmyche, My lords, becauae it ii ii-
sisted upon that whatever this noble lord hnk
said in his Answer we have replied to ; I wenM
observe that the very replication takes noM
of this very thing, and was one of the thiogi
considered of by the Commons, and tberefin
the reply is, <* Thot be hath endeavoured li
evade the enquiries into his own orinies, by is-
sinuatiog facts not material to the omUoi
charged." And therefore, my lords, we iaMl
that he may not enquire into those maim
which we have not charged.
Com, Scrj. I don't know whether I nay be
at liberty to add, that I humbly apprehend, ihl
what the gentlemen of the House of Cobmimbi
now insist upon, is contradicting your lordship'
resolution already taken.
Then the Managers and Counsel were or-
dered to withdraw, and being afterwards cM
in again, aud returned,
L. C. J. King. Mr. Serj. Probyn, tiie Lak
have rc«>olved, that the counsel forthefsriif
Macclc'btieid be not permitted to give eviiieaai
touching sale of the office of the Cursitori, ka
that no evidence batli been given in reitlioB
thereto hy the Managers for the Uouse cf
Commons.
Serj. Frohyn. Then if it be your lorH-
ships' pleasure, we beg leave to call one wilartl
more in opposition to the evidence gives bj
Mr. Thomas liennet, in relation to a ausi «f
money paid by him upon the suriwoiter ef his
office of Clerk of the (Jnstodies; he gave year
lordships an account that he had paid the ssB
of G4/. (besides the sura of 105/. whidi be tf
first ngrced to give the great seal) upoo hif
surrender of that office. Now, my lords, wt
sliall shew your lordships, that no part ol* iM
sum of 64/. was really paid to the great ssA
as Mr. Benoet seems to infiiouate, but was aH
laid out in the fees and expenoei cf paMg Aii
1 145] Jet High Crimes and MUdemmmon.
oflices Itiat ;
[jAterit Itirottgli the neversl
|»To^)er u^n thai necasian. Aiul to this end
~^ ; toifc that Mr* T«oqU may be called.
Mr. T<riicA»woni.
frj, Pro/'Vi. My lortlsj we *le»tr« Mr,
f§tnc\\ m4iy ittfbrm your lordstiipSf if b« was
upbjcd lo Uktjig out tke (uusol fti»r Mr,
ttoniHA BcMietr npoii bis iQcnBMkr of the
>rki>rili«€iiitidUM?
2e»t4*A. Hy lordi, l was f mplojcd by Mr.
pJboittu BcMltt to MIC out the (rtUent, and 1
' I ibe ikm of every oflke of pocsing- tbe pa-
I wliioli 0amf» lo (Hftwteo 60 Mid 70/.
iPNiA»^ We doftire be msy leU ui
|«lfic«r bo is?
I am Clerk oi* ibe Patenit to the
uey* general, and Deputy Clerk uf ibe
atpnte in CbaQcery.
Corn. Si'tj, 1 Jet&ire he may b« aaked, what
art oftliosic fees are paid to the grant fical i:*
IVnrA. There it a ditideud ci*' the wiottey
D^ from the pateoUif of thin 1 /. 8#. W, aod
ll to the great seaL
. Sirj. I de&ire he may be asked, whe-
* any more came to tfic gneit mil out of
i/. than I/, til. 4^-?
nrA. I d«ju't kiiuw that there ia any more
V dif idenel of ihc patent, Ti*e rest went
for tbeir seipcral fees ot the
Ten
Com,
T^nfk, I dfvir it up at Mr. Tboiuas Ben*
ntjt'c ref^ucit,
Mr. Hand^, To what puqioae wait that pe*
titioaf
Ttnth. The pclilion recited ihat the paieat
wasgmntcdto hts bfi^tUrr, and that upou his
Urother'a surri-ndenog, il inigU be granted to
him.
Mr. Santfj/s, U is the last petition we d#sjro
Ui t»o informed of, ubut tht* purport of ihac
wa*; not the petition of Mr, John B*uiuet»
when he surrcnd«'red to Mr, 'I'homas Bcnn^ t,
but the petition of Mr. Thomas Ce^nnet, when
he sarreitdered lo Mr. Hainersley ?
Teuch. It wa» a |)etiuon recitutg the grant
in Mr* Thomas BenneA, and Uiat he ittigbt re-
sign toBrlr. Bamendoy'a use, who was a person
well affected to hifl luitjesty and the got em-
titent.
Serj. Prohi/n, My lords, we now procetd
to the other Artielfs, which relate to tlie pre-
sents made bv the Masters iu Chancery to the
earl of Macclesfield.
Upon this the House adjourned to the next
morniug ten o'clock.
Cow- Serf. I won*t tmuMe yonr tordsliifit
» ask to w horn iJie rest of the money belongs,
rlietlier the remainder ts |iaid orer to other
iP
ench. I don*l Know th»t any thing i^ paid
» the great aeni^ upon [iflisfin^^ \\m [tatcnt omce,
L Uie difideod of iL lli. ^d,
8erj, I desire he may inform your
ships, whether the remaiiMicr is paid to
her olhces P
ch. Yes, to other ofBcoi^ to the Hans per
the 8eci-ctary*s OiBce, the Signet and
I?» My lords, we shall trouble
on ^^ with no farthi^r cfidpncc on
le . but beg your lordflhipi* favi>ur to
LI crulcoce on the .^tlt, aud other Ar-
Mr. Sifnc/yi* My krds, I d^ire he may be
wAf where he fonnd the warrant for pausing
Mieol at that time ?
7*nch. 1 had the warrant from the secre^
xy*iiohice,
fcfr ^ ' ' 1 desire be may he asked, if
it eam« there, ami by whose
.; he known who proctireil it ?
•A, My lords, f drew a petition hy Mr.
s dirvK-tirni, to the secretary of state;
Iba* I um was refcricd to tlie at*
g4i I ufHin his report, there was
int. 1 know uf no other proceedings
_ to«».
Mr.^fW^f. My Jowls, f desire he moy he
«akcd^ Kt wbost butaooo bo drew up that pe>
The Sikth Day.
Thuntiay^ May IS.
Tlie Lords Uc^iug seated iu ibeir House, and
the two Proclamtktions beiug tnade fts on tho
former dsyt *
L. C J. King. Mr. Serj* Probyn, you may
go on with your «'viih^tu'.i^.
8vrj, ProbifTi, 's we lieg leave t<>
lay before jour loi i e imstnnces w here,
u|Kiu former a^lm ^' i^rsi in Chan-
cery, sums ol uk^ lime lo time
been taken hy Uie ^.« ri.t 3^..;. We desire Mr«
ftleller may be cafled again. [Accordingly
Mr. Metier ap}>eared.]
SerL Frobf/n* We desire Mr, Mcllcr may
be asked, wnetl^er be knows of any sum of
money paid to the great «€al upon the ad-
miasion of a Master in Chancery, and what
sum f
MelUr. My lords, I humUy apprehend,
lliat the Ruhjects of Great Britain are not
compellftMe in any case to give an anawer lo
any matter Uiot may he to their prt-^iudice. [
speak it with the greatest submii^iou to your
lordships. For my part, I am i^ery unwilling
to do any thini( thai may sny w«iys hstsf n the
security of the subject , therefore 1 humbly
hope your !ord»hip* will not compel me to girs
sn answer to any tjuestton *»t M"^ '^iture. 1
hunddy mibtnit it t<i your l<< hI^'uicuI.
E. ofM««. My lords, 1 _^ iivn he is
asked is a general ouestion, whether he knowi
of any money paid to the great seal by any
MuKter inChtincer) upim liijf admisHiou i' whe-
ther he knowi or doth not know il ?
Hfrj. Ptfi^flty. My lords, we beg Ictro lo
ACfpLiint thr Itousr of the ctrciinurtmnces of
Mr* Mdlrr, IVom whence the objecttoti liset.
1147]
10 GEORGE I.
Trial of the Earl of Macdesfidd^
[1148
He was formerly a Master, bot before the late
act of parliament he quitted that office, and
hath no indemnificatioD, as the present Masters
have by that act. Therefore, as I apprehend,
his objection is, that he can't ^ive an answer
to this question, without subjecting- himself to
a penalty, and accusing himself of an offence
against the law.
Mr. Lutwyche. This general question tends
to make him accuse himself, and sulgect him-
self to a penalty.
E. of Mace- My lords, I would gladly
know whether these geutlemen object to this
question or not PIT they object themseWes to
it, they have a right so to do, and to offer their
reasons, and they must be lett to your brd-
sbips' judpfment. But they have no right to
instruct a witness.
Mr. Lutwyche, I never endeavoured to in-
struct any witness. It is very well known I
never &ttem|>ted uny such thing; and that noble
lord knows it. 1 am now here not as counsel,
but as one of the Mana£|[crs for the House of
Commons, and by their command, and so have
moi-e reason to take notice of this reflection.
We do not instruct witnesses, this is no such
thing. It is an objection which we have a
right to make. We have done it already, and
have had your lordshi|)s' determination upon
it. It is not so very lonff ago, but the noble
lord may rememlier this very question was di-
rectly asked of 3Ir. Bennet, and then refused ;
the next day asked again by a side-wind, w be-
ther he knew any, and what money had been
given for the place? and rejected by your lord-
ships; and then a Question was asked, how
much he knew the place sold for ? And your
lordshi|>s likewise refused that : here now is a
question asked of a man that hath l>een a Mas-
ter in Chancery, and not indemnified by the
lasit act, whether in effect he paid any money
for his office ? Your lordships thought this in-
duced a penalty, because you thought it neces-
sary to pass an act of parliament to indemnify
the present Masters ; but it is well known it
doth not extend to those who were Masters be-
fore ; and therefore, as there is a penalty an-
nexed to it, he ought not to answer this ques-
tion. Besides, for the sake of our proceedings,
it ought not to be answered, and we have a
right thus to interpose, that when your lonl-
sbips have refused the same thing m another
luan, the same is not to be insisted upon again.
Serj. Fcngelly, My lords, it is the duty of
the Managers to take notice of the behaviour of
the lord impeached. Whether he apprehends
that he liaih a right to controul the Managers
in this House, and whether that arises from the
scat he enjoys, \oor lordships will consider the
consequences of this behaviour. When the first
day we were told, that we were working up the
witnesses, and now that we are instructing
them, whence could this lord have this imagi-
nation but from his own former practice ?
E. of Mace. My lords, as to that gentleman
that thought himself reflected upon, he greatly
Misiaket me. I did not intend to reflect upon
him as going to instnick the wUnem n Us evi-
dence ; 1 believe him as far from it sssDy mn
in England. I know bim to be a person of tss
much honour; and I had not the least tbongbt
when I spoke i|, of his instrocting a witncK ia
that sense. But here a witness is making some
difficulty in answering a qoestion, and 1 thought
that that gentleman who spoke first, was sitt-
ing that which made the witness's olgeciioBS
which I apprehended did not belong to tbe Ma*
naggers to do. That is what 1 meant by is-
structine. The question that »b asked is, «h»
ther he bath known of any money given lo tb
greal seal, upon an admission of a MasSpr is
Chancery? Say they, he was a Master in Chtt-
cery himiself, tneretore it may include biigif-
ing money upon his being admitted : but li
that so, he may know of other pemons henfa
himself that gave money. Aly qiiestioB thsRi
f<»re is general, whether he knowa of any H^
nejr gi^en to the great 'seal on ■ admission sf i
Maister in Chancery ? The question your lad-
shifis resolved was as to Mr.-. Bennet himHK
and oonfiiied to his sini^le office ; and had 1
asked Mr. McUer what he had given on his i^
mission to' his own office, it had been anotkr
matter, and within your lordshiua' resoliiti»
But the Question that is now aslced, indate
what he knows hath been given by other ll»
ters ; therefore he may give an answer wil^
out charging himself. If be answers tbit hi
(loth not know of any money given by any oiktf
Master except himself; then it will oonc H
tlie question the Managers would bring it is.
In the mean time give me leave to sav, Ikrt
those gentlemen, by being Managers tor iki
House of Commons, have not a right of tmt-
ing |iersons in a different manner than whsl
they should do if they were not Mauagcn.
That that gentleman should say, that what I
spoke about instructing of witnesses, aritdk
from a practice of my own, is a language as-
becoming the dignity of your lonlshius* bar. b
this a way of treating mankind ? Is this a li
method of carrying on a prosecution ? Is ikii
decent speaking before so august a judicslsis
as tbisf What I said of instructing a witaev
imported no faulty way of instruction. — {.Mta
a short pause.)—! have used a great deal rf
preparation not to be disturbed at auy expvs*
sions that fall ufMu this occasion. It is a laahy
way of instructing a witness, to tell bin what
he shall say ; but to tell him he bath a legal s^
jection to a question that is asked, 1 knew at
crime in that. My lords, 1 beg pardon for tak-
ing so much notice of tliis Vnatter ; but 1 isiiii
upon an answer .to this question, wbeibtsr bi
knows of any money riven to the great setl,
on an admission of a Master in Chancery ? lie
may answer affirmatively, without at all ■fat-
ing himself; and 1 submit, whciher beougM
not to do it.
Air. Flummer. My lords, if the counsel Iw
the noble lord have done, I beg leave to rapljr.
llie noble lord says, that this gentleman psv
possibly answer, and not accuse himself. Bvi
if by the answer he may accuse bimsd^iiii*
liy be sbotild not aoswrr. Theroclhod
I, tlr&l lie mny My be ilotli doI know
\y but liini(ieh, m ttccusintr bimself. At
OlbtT point about iostractini^ wituesMft,
t otir tvitnesi, but bis own witoeai» wb<i
to anc^er*
r. Onihm, Tbe Managers ainnot but ob-
Ihe indecent behaviour of tbi$ bnt« am)
worthy manner of treating uf* What
Ifcy here, wc ari? rt-^dy to nay any where.
(u not thtek Ihe hrd at the bar should be
ting the Af adng^era, ns if he snt In his place
(Jut! ; if wc do any ihing- tir r^^-r-tj^^ i»e
^jfCt In your lord*liip8' I Wc
It not here as corttmoii jn . . .^i?i, am)
pt to be treated && common rouu«el by
pt be won Id have treated counsel in ano-
^lace« We are here advocates for all tl^
pnont of Gr«at Britain, tu deumnd justice
lit ibia Earl ; and submit il to your lord-
L whether lie ia lo treat ua in this uube-
pj^ fnanner ? A* for the question ^ the very
fl b« now i^ives for asking it, in the same
pas g^ven by bim for exaraintng Mr. Brn-
iMid your lord&bifis then over-ruled it. % It
|ly by a side- wind asking a question of a
theijitwer whereto will uoavoidably
him with a crime : be ctonot answer
It char|[;in)jf himself, This lord hath luid
for the witness to accuse himself. He
[be may answer that he knows aothing of
pioney given by any Master but himself;
h is i£nK:t)y saying that be himKelf bath
i money. We hope, therefore, this ques-
ihalt tiot be asked i and we insist ujioo the
(lion,
^ Polmtr, In duty to the House of Com-
1 I tiiink myself obliged to take notice of
■range behaviour of this lord in thif in-
p* Aceardiug to your hird*ibip4* own rule,
|b he sits within tbe bar, yet he is not a
I ; and tberefvire I roust beg lor myself^ in
pmcs of the Managers, and in tbe names
I tbe Commons of Great Britain, that no
language or Uhaviour be a^^airi used ; if
ulil, we tan not bear it, but must retire*
Jkiiicc. M V lord9f I desire the general
at 1 have propn«ted may be asked ;
!now what is yotir lordhhip^^ pleasure;
I havf^ a right to have it inawered.
f» Piummer, I object lo the lord's going
The lord hath answered ; we have re*
] and I inaiftt u^ion it be liatb not a right
lak any more.
iko of Arg^ie, I hope they will with-
[Ordered lo nitbdraw.]
the Managers and Counsel w itlrdrew,
tdug chilled in again, and relumed,
bief iustier Ki»i^. Mr. Serj. Probyn,
1 proposed by llie oobie Ear) to Mr,
far High Crinm and Mhdmeamrt. A. D* 11 f£, [| 15i
[ tile M 41
' hifUKli ; ih«
lid was not
use it might
Loi d#| vpou ot«
bale, are of opiiiion, that ha is not liound to aii-
swer that »iiieation*
Scfj. Pntlfyn. My lords, then wc desire be
may be askeil, whetber he knows of any sum
of mousy paid by any other person, exccpl
himself, upon the admission of auj Ma!»tei-?
Com. Strj, 1 would not presume to ask any
question that lu improper, J understaud }our
K»rd9lit(»s' r(*sotutiun to be, that we are not to
Bhk tl>t geneial cjucRtion of Mr. Mcller, because
iUriight aiU'cl hunself; this question, ^teihmk,
will not; whether ho knows of any suni uf
money given upon the admission of any oih«r
Mftiitu r
Serj. P^n^e//y. My lords, we nubroit it, vi be-
rber this queftlioii Jjlfers at all in coosequenoe;
though It be not in the same words, yet it is to
the same effect : it in, in other wurdis, to aak
the same question over again. We hope iliey
will not give your lordship* this trouble.
Mr. Lii(wi/che, My Wrdf^the queaiioti itu-
plies that he gave money himself.
Lord Lccfutiere* If Uic counsel would ex-
RIain themaelvcs more particularly, name the
lasterjhe person who received it, or any other
particular tact ; then it wUl appear whethar
that be a proper question.
iiierj, Frobj/n. My lords, we humbly appre-
hend, thai we are at liberty to ask this qtieslioo
in the form proposed, otherwise we shall in a
great measure be precluded from the just de«
fence of tbe noble Earl. W' e could not pre-
sume lo a8k these witnesses beibrehatid, who
were the fiersons that gave, or the pai liculnr
persona that received, but as these persons have
ocen io the o&ce, and must know the nature of
admitting ihe Masters in Chancery ; we hope
they wjllexpluin it in their evidence, and name
the particular persons, who either gave, or re-
ceived money upon that occasion* We are not
proper to apsk more particularly.
Com. Serj, My lords, I shall be very loth to
give any r{u»iasto lo this bonouruble House;
tlierefoiv I bfg leave to know, whetber or no
we bare liberty to ask thisi question, and ^vbe-
ther lour Inrdahips* resolution extends lo il ? I
humbly take it, we are ul libtrty to ai»k the
question, and the wiinesH is not obfij^H to an-
swer, if be apprehends tliat as the question is
formed, he cannot answer without an iiicouve-
nience to hiutself, I w<iuld not willingly ask
an^* question that I thought the House would
thmk improper.
Lord rrrjHir, If tbe noble lord insists tipoR
Ihii <]UeHtion, it is proper that he should name
s^« lug whom he would ask ;
oil rily to overthrow your
li. of Mart, My lords, I am very uufortu*
natr in this matter* I would ask htm the qiiee-
tion io ftuch a manner, as should not carry
the least in)|ititiiii
fimt name oi
in so great n
diou¥ ; [ only ask in short, what ho kno'v s of
any money taken by the trreat i^-al for« or om
theadmittiM vf elW blatters f I d^U lok
'ni him: but if 1 alionfd
Hud afterwurdw another,
t Masters it would lie te-
1I5I]
10 GEORGE I.
Trial of the Earl of Maeeksfield^
[1152
him concerning: himself, bat only concerning
other Masters ;' whether he knows any thing
of the transactions of cttfaer Masters' admission
besides his own ? I hope your lordsbiiM will
think this may be asked, with this explanation
and declaration, that it don't extend to any
thing relating to himself ; but only whether he
knows any Uiing concerning any money paid
by any other persons ; and to name them par-
ticularly.
Lord Chief Just King. Yon hear the ques-
tion.
Meller. Is it your lordships' pleasure that I
should answer to the question as it is now
formed ? My lords, I don't know or remember,
that ever I had a discourse with any Master
about what he gave, or what he was to gire,
tbr any place ; except I have beard Dr. Eddis-
bury say
Mr. Lulvyche, My lords, we object to this
as not being evidence, but only hearsay.
Metier, Except Dr. Eddisbury, I don't know
one indeed.
9erj. Probyn. My lords, we desire that 3Ir.
Loviliond may be called.
Mr. Lovibond called.
Serf. Proht/n. My lords, we 'hope that Mr.
LoTiliond, being one of the present Masters,
and consequently within the indemnity of the
late act of parliament, may be examined, as to
what happened in his case : And we desire that
he may be asked, what sum of money was paid
to the great- seal, on his being admitted a
Master in Chancery?
Lovibond. My lords, as to that transaction, it
is many years ago, above twelve years ago, I
will recollect what I know of it to the best of
my remembrance. My lords, I never had any
treaty in that affair with the great seal, nor with
any officer belonging to the creat seal ; nor did
1 employ any body in it. But there was an
acquaintance of mine, a Master in Chancery »
since deceased, who apprehending it to be
for my service, without my knowledge trans-
acted It.
Serj. Probyn. Who was it?
Lovibond. Mr. Browning'; he came to me,
and tuld me, I have settled the whole matter,
you must be sworn in this uififht, and you must
send to Mr. Cottingham or Mr. Appleby, then
officers under the great seal, 700/. m money or
Bank bills. 1 did send it that night, and was
then sworn in.
Serj. Pengelly. My lords, 1 desire he may
be particular as to the time : It is necessary he
should be certain.
Lffuibond. Mr. Browning said, he had settled
it with the great seal, that I should be sworn in
that night ; my lord Harcourt was then Chan-
oellor.
Mr. Strange. My lords, I desire he may be
asked, whether he was admitted upon a death
or a surrender?
Lovibond. I was admitted upon a surrender.
Mr. Strange. By whom f
' Lopibond. Mr. Pitt.
4 I
i moBtr.
be aM
E. of Strajford, Before the witne« goes, I
desire to ask him how naach he gave to Mr.
Pitt upon his sarrendering?
Lovibond. It was S,000/.
L. Harcourt. My lords, if the gentlemtn ii
not gone, 1 desire to ask him a question or two.
Mr. Lovibond called again.
L. Harcourt. My lords, I desire be may k
asked, whether he was worth so much taonj
as to pay 8,700/. of his own money at that
time?
Lovibond. Yes, my lords, and much moie.
L. Harcourt. I desire he may be aibi
whether he paid it out of bis own money, or Ml
of tlie suitors' money ?
Lovibond. I paid it out of my own
L. Harcourt. I detdre he may
whether Mr. Pitt, at the time of his
transferred, and actually delivered over to Ua
all the money of the suitors that then wai a
his hands ?
Lovibond. Mr. Pitt» to tlie best of my bdicf,
delivered over every thing that was in his bail
tome.
Serj. Probyn. My k>rds, we desire that Mr.
Cottingham may be called again.
Mr. Cottingham called.
Seij. Probyn. My lords, we desire tbit Mr.
Cottingham may be asked, whether he knowi
any thing of any transaction relating to the
payment of any sum of money on the admiaioa
of Mr. Holford?
Cottingham, My lonls, if I remember right
there was 800/. paid.
Serj. Probyn. How long, ago ?
Cottingham. It is several years ago : Tbm
was 800/. or 800 guineas given or paid oa hit
admission, severalyears ago.
Serj. Probyn. Tx> whom ?
Cottingham. My lords, sir Richard Holford
desired mc to recommend his son to the uobk
lord that then bad the great seal.
Serj. Probyn. Who was it?
Cottingham. The lord Harcourt. SirRidwd
Holford was my old friend and acquaintance
1 accordingly did recommend him ; Sir. Hoi*
ford came under a good character to my M
Harcourt; my lord agreed to admit him; but
he first desired to know, whether he had aa/
estate in possession sufficient to answer tM
suitors* mone}'? Upon my saying this to sr
Richard Holford, sir Richard said he had none
in possession, but agreed to settle an estate apoi
his son ; and, to the best of my remembraacifT
it was either 800/. or 800 guineas that vcie
given on bis admission, for the ose of my loH
Harcourt.
L. Lechmere. To whom was it paid? ^
Cottingham. 1 can't say whether it wufui
to me, or to Mr. Appleby,
Dr. Sayer. Who carried the proposal?
Cottingham. I carried the proposal. S|
Richard Holford, as I told you, bang my fiw
and acouaintance, desired me to do it A^
cordingly I transacted tb« whole matMr} M|
an upper NCictary it was left to me.
1153]
far High Crimes and MUdemanort.
A. D. 1725.
[1151
Mr. JLuiwyche, My lords, 1 desire to atk this
witness one question as to this matter: lie
says, that Mr. Holford was recommended as a
man of good character ; I desire to know, whe-
Uier he hath not ever since maintained that
good character ?
Cottingfiam, Yes; he bath made an ad-
rairable ^ood Master as ever I knew ; and hath
executed his office with as much honour and
iQtegrit^as any Master. 1 never heard any
coniniaint against him in my lite.
Mr. Lutwjfche. Can you recollect who paid
the money, Mr. HolfonI, or sir Hd. Holford ?
Cottingham. 8ir Richard, I believe ; I can't
recollect. He was a young man ; I presume
sir Richard Holford, his father, paid the money.
Com. Serf, 1 desire he may inform your lord-
•bips, whether it was on a death or surrender ?
Cottingham. As I told you before it was on
a surrender ; upon the surrender of sir Robert
LeKsrd, if I remember right.
L. Harcourt. My lords, if that witness is
not gone, and thf counsel for the Earl, and the
Manatfers for the House of Commons have done
with him, 1 desire to ask him, if he can tell
whether any account was taken of the suitors*
money by his predecessor? and whether all
the suitors' money was delivered up by sir
RobtTi l..egard to Mr. HoUbrd at the time of
bis admission ?
CutliHgham. My lords, 1 believe it was.
But I Has not privy to that, 1 did not transact
that matter ; I have heard that an account was
made up.
£. of Strafford. 1 would not ask the same
question twice ; i think uubo<ly hath asked it
ftlready ; 1 desire to know, if he knows, of his
own knowledge, what was given to sir Robert
Legard for his surrender?
Cottingham. 1 know nothing of it.
L. Harcourt. My lords, if I might ha?e your
lordshi|is' indulgence, in order to have^^this
matter a little farther explained, I desire Mr.
Uolfonl himself, or Mr. Appleby, or both of
tbem, may be called.
Mr. Holford callnl.
L. Harcourt. 1 desire to know of Mr. Hol-
Ibrd) whether, at the time of his admission,
when he was sworn Master, sir Robert Lcgard
tr^csferred and delivered over to him ail the
effects of the suitors ?
Holford. He did, my lords.
Li. Harcourt. I desire to ask him, whether
the money, that it was said he presented to the
peat seal on his admission, was his father's
noney, or his money, or whether it was out of
the suitors' money ?
HMtrd, My father paid it before any thing
I cfelifered to me.
E. of Strafford, I desire to ask the gentleman
lis qusitiou, what money he paid to sir Ro-
\ his admission to his place ?
f lords, I did not give it myself;
f lordships what 1 believe was
n, sad 1 have lome reasoo to think I kaow
talk} I Mife it WM 2,000/.
fOL-XYI.
this ausitiou, wh
hrt LMpard on b
H^Sff^. My 1
1 can tflll your
Serj. Trchyn, My lords, I desire he may Im
asked, HowloDg it i^as after his admissit»u be-
fore these acoompts and effects were deliveretl
oferto him?
Holford. My lords, when 1 came to my lord
Harcourt to be sworn in, my lord Harcourt had
an account delivered there of what was in sir
Robert Legard's hands. My lord Harcourt
took the |Niper in his hand, and asked me, Iff
was satisfied to be charged with that? 1 told
him, Yes. I was then sworn in ; and a day
or two after, the things were delivered over to
me by sir Robert Legard.
Mr. John Bennet called.
Serj. Probyn, 1 desire he may be asked,
what mone^ was paid by him to the great seat
OD his admission ?
J. Bennet. I gave Mr. Woodford, the secre-
tary of the great seal at that time, 500/. 1 don't
know that it was given to the great seal ; 1
gave it with that design.
Serj. Brobyn, When was it ?
J. Bennet, About two or three days before
I was admitted.
Serj. Pro«y». When?
J. Bennet. It was in March, 1716.
Seri. Frobyn. Who was Chancellor then*
J. bennet. My lord Cowper was Chancellor.
Seri. Brokyn, Whether was it |iaid before
his admission ?
J. Bennet, It was paid before m^ admission.
Com. Serj, 1 desire he would inform your
lordships, whether he came in upon a surrender
or a deatli ?
J. Bennet. It was upon a surrender.
L. C. J. King. Upon thesurrenderof whom f
J. Bennet. Of Mr. Medlicot.
L. Bathurst. I desire he may be asked whe-
ther he paid it out of his own money.
J. Bennet, It was iny own money.
L. Bathurst. I desire he may be asked, whe-
ther he had any account of what was in the
former Master's hands, and when delivered
over to him.
J. Bennet. The effects were all delivered
over to me in a week's time, except some- very
small matters.
L. Bathurst. Wbatwas tbemmieT iLat «i«s
given to your prcilecessur? — .*. Bcuurt. !;.(•>.<.
L. BaUiu rst . W as that paiu ou: of tbt suitm
money, or out of your own ?
J. Bctmet. It was (laid wA ofiPT vwx nim^.
Sir Thomui Gtrt/ cal&ef!
Com. Serj. My lords, tbequaaim tim; t . b'l:
profmse to kir 'I'h'Jiuaft Hvy. » um»»r ii^ li-
prehensioii iliat 1 laeninasn telvr* lua ^kh^^
at liberty witbiu tW la aniiy a^ >■»' n. ■ i ,;..
resolution W ym^nmt A. sr wwv ift' >»-'* " -
answrr, or not to answtr f i:^- ui#— -.' » •^r-
any iiupiuaum uffui mm. J v-iiu.< »ri. -:..
uuestifMi Uua js jnpnqpe' : « •^^i." ua. -
Thuriia» 0«r«- wil' iiin^ra ^tnr i.nua..:.. w^-
he kriowft Ims Iuks mm, ■ tm. {T^^ai v^ d.*;.
the adaaaMB. mf a ^mmir a '. t'OM-.-r-
fkf 1. 6«-a. 5«« «r-» - ---r .. i:s.^-.
4 1.
1155]
I» GEORGE L
Trid qftke Earl ^MaccksJUMf
[1156
my own knovrledge, of any som paid to tfao
liandt of any Lord Chancellor wbatioever.
Serj. Prwyn, I desire he may answer the
question, Whether he hath known any sum of
money paid to the use of the great s^, or of
my liord Keeper or Lord Cbancelbr, upon the
admission of any Master?
Sir T. Gery, I can't tell how that may afiect
me ; I refer that to your lordshipo. I think 1
am not bound to answer.
£. of Made. ' I think he said, be doth not
know of any money paid to a Lord Chancellor.
JDoth he intend to include Lord Keeper?
Sir T. Gery, Neither Lord Keeper nor Lord
Chancellor.
£. of Mace, It may be, not into tlie hands
of a Lord Chancellor or Lord Keeper. I desire
he may be asked, if be hath not Known it paid
to the use of the Lord Chancellor or Lord
Keeper?
Sir T. Gcry. That, I hope, I shall not be
oUigfed to answer. I submit that to your lord-
ships.
iSerj, Prohjfn, 1 f the gpentlemanb not pleased
to give a more particular answer, we must submit.
L. Harcourt. I desire to ask this witness one
question, which will not draw him into any in-
convenience, whether he was ever required in
any Lord-Chancellor's or Lord Keeper's time, to
make up an account of the suitors' money ; and
whether ever he did so?
Sir T. Gery, Yes, I did it three several times ;
once in my lord Cowper's time ; and when^the
Qoble lord that asks me the question was in that
place, I did the like ; and 1 did it again when
my lord Cowper was Chancellor. At all those
times I gave a paiticular account of the sums
of money in my hands, the time it came in,
and how it was disposed of, and the distinct
securities, in distinct columns.
£. of Strafford. He says twice in my lord
Cowper's time : I take it, he means both the
times that ray lord Cowper was Chancellor?
Sir T Gery. Yes, my lords; and the same in
my lord Harcourt's time.
L. Harcourt. I desire he may be asked,
whether all the rest of the Masters did so as well
as himself?
Sir Xl Gery, 1 believe they did ; 1 have heard
them all declare so.
Serj. Prohyn, My lords, we have now called
all the living witnesses that arc willing or com-
pellable to speak to this Article, we have a
great many other witnesses that would speak
to this, as a constant usage time out of mind :
but we apprehend it to be against your lordships'
resolution to call and examine any witnesses
but to what they can speak of their own know-
ledge, and them we have produced. We shall
now heg leave to proceed to prove, that the of-
fices in the Court of Chancery are increased iu
their value beyond what they were formerly,
that not only these, but all other offices, as they
. have increued in value, have increased in tbe
price ; all offices have risen in value, and the
price given in this instance, is no more than in
proportkn to tlie prieea given for othen.
Com. Serj. Weapprehend,niy lQrdi,it isso
notorious that all sorU of offices have risen in
their value, that a very small evidence will be
sufficient. We have a great many witnessesto
this purpose, we will only call some fiew. Ws
desire Mr. Steele may be called.
Mr. SteeU sworn.
Seij. Pengelly. My lords, we desiie to knov,
before they proceed, Whether they design Is
ask as to those offices your lordships f^ave thcB
directMMi last night not to ask to. Your krd-
sbips gave them directions not to ask any qo«*
tions bat to the particukr offices mentioned is
the Articles ; this is a piece of desderity H
elude that resolution.
Mr. Lutwyche, My lords, I submit it to
your lordships, whether this attempt is notdi*
rectly the sanne as that which was over-ruJed
yesterday. If the witness is to give an aceooil
whether the price of the cursitor's offioe, «
other offices have risen, they roost then ibev
that they were sold ; which is the very Qoa-
tion your lordsliips determined they should stt
ask to.
Serj. Prohyn, My lords, we were then di-
rected by your lordships not to prove any mo-
ney was paid to the great seal for any other
offices, but those particularly mentioned in tbt
Articles. We don't pretend now to ask as H
the payment of money to the great seal, kit
only whether offices in general nave not mod
advanced in their prices?
Serj. Pengelly, My lords, it is extraordioaiy
usage to tell us of otfoes in general : there are
private offices, there are offices in other Coorli
m Westminster -hall. We apprehend your lord-
shi|>s' determination is so strong agaiust whatii
now attempted, that they would not urge itf
unless they thought that the Managers bad
forgot every thing that happened.
Com. Serj. My lords, the question we ssk ii,
as to employments in general, offices in tlie
law, or any other offices ; we desire to iofons
your lordships in general, that the value of all
employments, not of the law only, hath rises.
£. of Macclesfield. I will inform your lord*
ships how the matter is. 1 believe this gentle-
man is not intended to be asked what offices be*
longing to the great seal are worth ; but what
difference there is in the value of other officci,
to what they were heretofore ? particolarlyt
how the prices of the seats in the six clerks «•
fioe are increased ; that they were once at ssch
a rate, and what they are now ? That is tbe
matter as I take it.
Mr. Lutwyche, My lords, I apprehend the
direction was given to the noble lord, not totd^
concerning tbe sale of any office but what wai
in the Articles, and the Managers had givm
evidence to. Now to ask the difference or ii-
orease of the prices of a clerk in Cbancoy^
place, is, we apprehend, to ask to the vsjf
thing that your lordships have ever-mled al*
^fifofJhTiicc^ld. My kmb, this mast At
tbe cursitor's omce, which is in the T "^
IJ57J
Jhf High Crimes and Misdemeanort* A* D* 1725, [H58
of the irrrrtt t^eal; yotir tort1$bi|)«* HesulDlion
w^hk, timt the witrie««es were noi lo answer M
to their giving: money to the great W!iil. The
cvnif-nce we ire now upou^ is tu enquiry that
reUted not to ai»y money gif en to the great
sen!, but what those pentoti« putd l4> one another
Ibr an ofilice that dalh ni»t belong to the great
Mr. Omhw. At the end of yonr lordships'
resolution yesterday, the reoson giftu why
they ought not to be let into the eiamirmtio'n
a» to the of tires then m fjtieslion, waa, hecauae
no eridence had been given thereto by Iht- Ma.-
nagerap and it was nut charged nor tnentioned
in the Artidea, ahhough the noble lord did insist
tliat he shonM l*e lei into that examination,
because in the preAiiiblc of his Answer, he had
Ukai notice of those offices. This case is
ttmofttf becanae the offices now desired to be
«SBiiiiiied into, ar« netlher in the Arttcles nof
Assurer, nor bath any evidence been giren to
Ibein ; and therefore we hope lie aball not be
let into Ibis examination.
Com, SerJ, Wc humbly hope your lordshrps
will i*efrntt us to enquire, whether the bosi*
liesa of those ofBces in tlie Court of Chancery
it not greatly increased, and whether the Tttae
af the oilices be not increased with it ?
fcierj, Probyn, Notwithstanding yotir lord*
abipa' direction in the former question, we sub-
mit whether w« may not be permitted to ask
this question, whether th« ofhces in the Court
of Chancery are not increased in taiue much
beyond what they were seven years ago?
8erj. Pengcity, My lords, that is the very
question that we object to.
£. of Maccle$/ttd. What I before of-
fered wss, Uiat there bad been a usage to make
areaeots to the great seal ; I apprehend your
krdabip* over- ruled it as to the Cursitor's of-
fice, because there was no need of an eicuse as
to that otKice, as there is no mention made of it
m the Articles, nor any proof offered against
me. This h not of any pa^'tnent to the great
ieal» but goes by way of excuse aa to the sums,
to ihew The increase or difference of the prices
ll^ffoea in ij^eueml. It is notorious that mo-
^^HNr carries a less interest, and that the ]>rict
HHIE&lfl^es is increajt d. I don't know wbe-
Iber the gentlemen will deny it : if they do not,
I will not trouble your lordships any farther
■bcmtit,
Serj. Ftngelfy. We have no oecation either
io confess or deny any thing that is not before
your lordships in jitdgment. Therefore, if
tbty expect any answer, we gif e this, that it is
not before youi lordnhipA in jiMlgment.
V Mr. Lutayche, It t the reaaon of
Bfrur lordBhipit' re*folu ^lay was, That
Hbere waa no charge in trie i nicies conaaniing
Hm oflioei I tbo aoiiie reaaou equally holds to
^Kiat they are aafclng now in relattoo to clerks
m Chanct-'ry.
Mrr IHummtr. My lords, I ihould be extreme
•Orry to make any oliiection to any evidence
^lac ia malarial : but, if he it pleas4»d to exa«
foe this get^Uoum how far by the JAoreaae of
business the value of any office is rinen, that
inuit be of the atmual le^^al value^ and not ac-
cording to the hbertieshe left to his Masters.
8erj. Probyn, 1 desire he may be aske^L
whether be doth not know that the pricet of
othces are greater now thau tbey were for*
merly ?
Serj. Pengelly, My lords, we don't under*
stand they hare any such pern) ii« ion to ask
that question. To repeat the same thing over
and over again, we apprehend they think we
are asleep.
E. of Maccltifitld, Your lordships seem not
to be of opinion that ihiB 'juestion should be
asked ; therefore to save your kirdsbips* time, I
will wave the quest ioa.
Mr, Gvtdtsbrough sworn.
Serj. Prohfn. We will proceed, in the next
place, in confirmation of that part of the Answer
tn this Article, that two sums of money, men-
tioned to be paid to my lord Mucclesneld by
Mr. Kynaston and Mr. Bennet, were both paid
back into the Court of Chancery . We desire
ftlr. Goldesbrough may be asked, Whether ho
knows of the two sums of 1,500 gtiioeas, and
1,500 guineas, that were paid by my lord Mac-
clesfield into the Court of Chancery.
Lord Leckmtre, My lords, I l)eg pardon. I
think the qtiestion that the noble Earl hath
waved, if 1 mistook not, was about the rise and
increase of value of the offices in Clianoery,
Now,notwithstimding the noble lord hath waved
it, yet it may be proper for your lonl-ibips' con-
sideration, whether he xboiild not have liberty
to ask it, if he thinks fit P
E- of Strafford. I think what the noble lord
hath said is considerubte, and it may be proper
for our judgment.
Lord Viae. Towntkend, I move that they may
withdraw.
Lord teehmert. It may be proper to havo
the question repeated again. I therefore de-
sire, that the counsel for the Earl would repeat
the question again that tbey would have asked of
Mr. Steele.
Serj, Probyn. My lords, the question iir, whe-
ther the price of oftices in the Court of Chan^
eery, and in the Six Clerks* office particularly^
are increased now more than anciently tbey .
were?
Thereupon the Managers and Counsel
withdrew^ and being returned,
L, C. J, King, Mr. Serjeant Probyn, the
Lords have coimidered the question cm which
you withdrew. Their lordships ore of opinion
that you are at liberty to o^k the qtiestroo,
whether the price of otHoea iti the Court of
Chancery, and in theiiix Cterks' ofBce particu-
larly, l*e increaied Dow more than heretoforo
thev weref
StccU. My lords, 1 oameto be a clerk in the
Chancery Office in the year 168T. I served
my rlcrksbip in the office ; and in that year
aiMi for sevens I years afterwards, \ know that
wftitbg clerka* pfacea wert bought at 50 guiueai
I
I
1159J
10 GEORGE I.
Trial of the Earl ofMacdesfiddf
[1160
or less ; and aUer 1 was out of my clerk»hip, I
was offered a waiting cJerk's place in the omce
for 50 guineas. They are not sworn, nor have
(lower to take a clerk ; and since that time 1
lave known them sold for 3, 4, and 500/. My
master was a sworn clerk, and he sold bis owu
clerk's place for 230/. It was a clerk at the
seat ; and by the custom of the ofBce, he that
hath one clerk cannot take another till the first
clerk be provided for ; but I having a proposal
lo go into a seat of greater business, that in-
duced me to give a note to the gentleman that
bought the seat, that 1 would not be an incum-
brance on the seat, otherwise he would not have
given so much. Since thattime 1 have known
a sworn clerk's place sold for 800/. Particularly
I transacted a sale upon a brother-in-law's ac-
count ; I contracted for 500/. and then there
was a clerk uiMin the seat that had not served
half his clerkship out.
Serj. Probyn, What sum of monev had
they upon taking a clerk at that time, and what
now?
Steele, I did treat in order lo put my
brother-in-law clerk to one Mr. Atkinson, in
the otidce. ,
Seij. Frohjfn. What time was that?
Steele. To the best of my remembrance it
fvas in 1703, or 1701, and he had 100 guineas.
JSiuce that time my brother-in-law, while he
was there, had 300/. or 300 guineas with a
clerk.
Com. Serj. I desire he may explain to your
lordships what he means by a clerk being an in-
cumbrance to a seat ?
Steele, By the custom of the ofBce, he that
is put a clerk, must be provide<l for before his
master can take another. The master so tak-
iner him, cannot take another clerk, till he is
provided for by a sworn clerk's place, or a
waiting clerk's place.
Mr. Lutwyche, If the counsel have done, I
desire to ask one question ; that is, the gentle-
man says, he came into the office in the year
1687. I desire to know how many clerks
there were at that time ?
Steele. There were at that time but 60 sworn
clerks ; there was an addilion made, to the best
of my remembrance, in my lord Jetferys's
time ; sir John Trevor was tuen Master of the
Rolls, I think there was an addition of 30.
Mr. Lutvyche. 1 desire to know whetlier
they are not reduced from 90 to 60 again.
Steele, They are not at present yet re-
duced.
Mr. Lutwychc, Whether they are not in-
tended to be reduced ?
SUele. ]f any one cfies without surrendering
his otTice, they don't fill up the place of that
person with another ; but any one may sur*
render.
Mr. Lutwyche. How many are there now ?
Steele, 1 have been toU there are about 12
or 13 less than 90: they are to be reduced
from GO till they ooDe to the ancient number
of 60; and they are db^ «oed M tbey die with-
Mr. Lutwyche. We don't expect toq to give
an exact account ; how many may there be?
Steele. 1 can't take apoo me to say how
many ; but as I have been informed, 1 believe
there are about 16 or 17 above the 60 remain-
ing : I may be mistaken, I am not certain ; but
there are several gentlemen here who can giT«
an exact account.
Mr. Lutwyche. I desire to know whether tbt
offices are not a great deal better, by that
being fewer of them 'r
Steele, Certainly, f believe that is pretty m-
tural ; the fewer the offices are the better ; bit
the offices are not so good as they were wba
1 came clerk. They have reduced several
profits belonging to Uiem since I came out d
the office, by the act of parliament made for the
amendment of the law.
Mr. Lutwyche. You say the^ are sold Ar
more than formerly they sold tor ; 1 desire H
know whether some ot those clerks, wbost
predecessors have had good business beloof^-
mg to the office, have not made that seat idl
better ?
Steele. Certainly it doth ; if the person far-
rendering had good business, that seal will tefl
for more than a seat of less business.
Com. Serj. 1 desire that he will.inibnn your
lordships, when it was in pointof time thattoeK
offices sold at so low a rate ?
Steele, it was in the year 1694 tbatthera-
tleman to whom 1 was clerk aurrendeied bii
seat.
Com. Serf. And when was it you knew 50
guineas paid for the place of a waiting clerk ?
Steele. The 50 guineas I speak of for a wait-
ing clerk's place, was in the year 1687, or
thereabouts.
Com. Serj. Whether was that before theia-
crease of the additional number of clerks ?
Steele. Much about the time that the addi-
tional number of clerks was added.
Com. Serj. I desire he would inform joor
lordships, whether the prices began to rise be-
fore any reduction was made ?
Steele, Ves ; before the reducing of them.
Scrj.Frobyn. When was the reduction of
them made ?
Steele. 1 can't tell the exact time. There
was an order made, that they should not be
filled up as they died, without surrender.
Serj. Probyn. 1 desire he may be ari^ed,
whether there was not a difierence of price be-
tween those seats which were full or empty of
business, or whether they were all at a par?
Steele. The price always varied, as there mm
much or little business.
Serj. Probyn, But every seat, wbetfaff
great or less, had a rise in proportion ?
Steele. Yes.
Mr. Carv. 1 desire he may be asked, whe-
ther there hath not been an act of parliamcil
since the time he mentions, which bath beta
beneficial to the 60 clerks ?
Steele. There was an act of parliaiMirfff
called, An Act for the Amendment of the 1^1
by whiob the 60 derka bad the tern Am i»
9
H6I]
for High Critnes and Misdemeanors.
A. D. 1725.
[1169
Stead of the Icnour bill, wbicb was a consider-
able profit ; aniJ lo make u[i ihnt tn them, tUe
lees of the smiill ivnts were given lo them,
und the term Tees ; but in my apprehension,
tbetenour bUl was a greater advantage than
ose Tees that have been given in lieu of it.
"um, SerJ, That worthy gen lie man *fi ques-
I halh oecasioned ine lo ilesire, that he would
Iform your h^rd^liipB, wht;thet-f upon the whole
f Ihe act, the Six CJerks' oflicesi are better or
Steele , In my opinion^ they were better be<
} the act, than they are now.
erj. Prgh^n* My lonis, we hate morewit-
se^ to tliis purpose ; but we apprehend
it Mr. Steele baili spoken so fully to it, that
I'e shall not trouble your lardEbips with any
others, as lo ibis matter. The next witness
which we shall beg leave to call, is in relation
id the two fiums of 1^575^ that were paid
iuio the Court of Chnncery by the noble
earl, ibr vvbich we did call Mr. Goldesbrough.
Dr. Satftr. liefore your lur dsbips enter into
an exam iwai ion of thiti fact, I wtll only be^
leare to take uiniue a« to the time of this re
payment: the learned Managers were right in
their observations, that it was after the vote for
the Impeachment ; but it was befure the Ar<
tides were exhibited. Tbi& is inisitaken in the
Answer; but I am sure the honourable House
of Commons will be sn cumlid as tu think it
was a mistake only, and tlint it is impossible it
could be with noy view of deceiving the world ^
since both facts were upon record ; the Earl
was so very impatient to have his Auawer iu,
that no delay might be charged upon him, that
' I assure ynur lordships the Answer was not
a^tled till 3 or i o'clock in the morniog- of that
day that it was delivered in. In aurh a burry
a mistake of this nature, 1 hope will not be
taken amiss, nor hv luoked upon by the If uuse
as designed. My lords, I thought it my duty
to observe this, before your lordships entered
into this examination*
Mr, Qotdeibrough called.
\Com, Serj. There are two sums of money
en notice of to be given by I^lr. Kyoasion
1 Mr, Bennet to my Inrd Macclesfield^ I de-
i you would itiform my lord^t^ whether those
wo sums were paid back again, and when, and
in what manner ?
Cotdcibroygh. My lords, the 23d of Febru-
ary last my lord Macclesfield came into Court,
and def>osi'te*l in Bank notes and money lo the
f ftUie of 3,000 guineas. The lonis commis-
sioners were pleased to direct the investing it
in Soitth Si_a annuities, in the names of Mr.
llohurd and Mr. Lovibond, tht* two senior
masters of the Court, tor the benefit of the
saitorsof the Court.
Ccwk Scjj, I think, my lords, we need not
aak wbetlicr Mr. Goldesbrough be the proper
officer ?
Lptdi, No, no.
Cmfu Serj. 1 wontd with submission ask
yiiotber question of Mr. Goldesbrough ; I
would beg leave to inform your lordships what
the queHiian is. There hath been an examina-*
tion on the p;trt of tbe gentlemen of the Hous«
of Commons into the nature of these oHice^^f^
and I hope it wilt not be improper, Mr. Guides**^
brough being now at your lordships' bur, to aslsr
him as to the manner of the money coming^
into the Masters^ hands, whether it be bv com-
pulsion, or at the instance of the parties V
Serj. Pengeliy, This must appear by the ,
order. No money is paid in but bv oi^er.
Com, Serj. The orders are infmiie ; but Mr.
Goldesbrough being tbe Kegi^ter, may be pro«
perly asked, what the practice and usage of the
Court is in this instance? It is usual to ask the
officers of the Court, what the practice and^
usage of the Court h. If we should producaij
20 orders, they might object that others are notM
so: and therefore I beg Mr. Goldesbrough,^
tbe proper officer, may inform ^our lordshijrs
what the practice of the Court is?
Ootdesbrougfu Upon decrees, when cause
are heard, the counsel pray what decree i,
proper ; where estates are to be sidd, I hey order-^
the money to be brought before the Master. 1
Mr. Lutw^chc, ]VIy lords, 1 desire to aaki
one question ; Mr, Goldesbrough is a very ex-
perienced officer of the Court, hath been a goodJ
while in the place, and probably may give your [
lordithips some light mto this matter. The
question I would ask is, When he tirst 1
the office, whether it was usual U> direct th^l
money to the Masters in the manner it hath idi
lat« lieen directed ?
Goidtuhrovgh, 1 canH say tt was.
Mr, Lutmifct^, The next qitestion is, When
the present Usher of the Ilolb had given secu-
rity, whetlier there were not sotne orders made
bv the late Lord Chancellor, a^ well as by the
Utaslcrc of the Rolls, for payment of money to,
the Ushfr of the Rolls; that is, into Court r
Goldesbrough. Ves, there was.
Mr. Luiuyche. i ilesire him to explain the
diflerence ,> bs'tween piiying the money into
Court, and paying (he money to a Master,
What is understood by paying it into Court ?
Goldeibroti^h, Paying it into Court, is pay«
ing it lo the Usher.
Mr. Luiwychc. I desire to know, whether I
there were not some orders made, after Mr^Jj
Trevor, the present Usher, had given security,
for payment of money to him ?
Goldeibrough, Yes, tht^re were.
Mr. Lutwjfche. 1 desire to know, how i
after those orders were varied ?
Golde$brough, I canH remember when 1
orders were varied ; as to those made befort
hearing, and for continuance of an injunctioii,i|
J don't know they are altered yet. '
Mr. Lutztyche. What I ask is, Whether he
bad any directions touching the varying of
orders tor the payment of munev -, any dire
tion, I mean, from my lord Macclesfield to ra
the order ?
Goldesbrough, Money paid before hearing|l
was paid inio Court; money ^»aid u^tv vVsi;
decrcci w aa htoia^Vt W^i^ V\\^ maa^Kt * W*^
1163]
10 GEORGE I.
Trial of the Enrl ofMaccU^Mt
I"
DO »lirecti<m from my lor*! Macclesfield to ?iiry
the order.
Mr. Lutn^yche, Witt IbOTc any varirition or
^ ditference in drnwing up the «rder» for some
I firae atter the Uslit^r gave securily, from wbat
It wai some time betoreP
Ooldcibrough. Upon Intertocatory motions,
^ tKe money ^vns broof^ht before the lisher, aud
■o it hath been ever since.
Mr. Lutmt^che, Was it always so?
Goldeshrougfh It hath been so ef er since.
Mr Lulwycke, Ever since %» hat time ?
GotdeibrougL Erer since the time that Mr.
[Trevor pi?e security,
I Mr, Luiwyche, What I woold know is,
Wbelher the orders and dire(;tiODS at first were
I not in general, to paj the ^hole money into
ICourtf — Goldtsbrough. No» my lords.
Mr. Lutwyche. How was it P
Gotdrsbrough. Ou all orders interlocutory
I before bearin;^, it waM paid in to the Usher : oq
I alt orders for moneys subsequent to the hearing,
lit ua;* brotitfht b^lnre the Master.
I E. of Mace, This quest ion hath been asked
rMr. Gotdesbrougby with relet I on to the paying^
rot* money into Court, and bmnij brought before
[a Master, 1 desire he wou!d inform your lord-
[ibi}>s what the difference between them is?
Goldesbrough. Muney brought into Court,
[ money brought in belbrc hearing, and is
I ■iihject txi the order of the Court, to be paid out
I cither before the bearin£( or alier, as the nature
Mlf the ca^e requires. Money brought in after
Ikearinu;, is money to he put out on security,
ad is bruutfht before the Mooter.
EvofMocr. Whether, when money is or-
ed ill tw* hrtnight in tn be dtsposed' of, as
^ on a purchase, or upon a decree, to pay debts,
lice. The course of the Court in all hi* liiue
ath b^n to bring it into Court, or before a
[Uasler ?
Goldesbrough, I can^t say it bath been so in
all my tmie ; Since the Revolution it bath ticen
l^nerally brought in before the Master, before
it was brought into Court.
E. of Mace, Have the orders made by me,
since the Usher gave security, been made in
the same manner as those by my predecessors?
Goktabrough, Yes, they' have been the ^^ty
■iilie.
E. of Mace, 1 desire to know, when first
I the money paid into the hands of the Usher
tweot into another course, that is, upon the
*TJsher*s death, or not giving security ; and
rhat method was taken then ?
Qolduhrough, 1 believe, after the Revolu-
OD, there was looked upon to be a defect in
be security of the Usher, and it was upon that
i^Dsideration that the money was ordered be-
bre the Master.
E. of Mace, And afterwards, was there nirt
an alteration made of all the money that used
to b^^paid to the Usher ? Was it not ordered to
be brought before the junior Masters?
Goldesbroitghr In my lord Cow|ier*s time,
irbcn there was a difference between the Usher
Mod his depatj^ my lord Cowper, upou v^%\^
did order the money to he broofflkt, I™ ^^
in the twojuuior Master** haodt. 7V]f wm
each to keep a key, :ind the UslMe taotlMr;
When any mooey was paid, it w«s paid <
the che&t, kept under tboce keys ; and {
money that was paid in waa paid'iti there.
E, uf Mace, Was not the mouey ttial 4
to be paid into llie Ustber^a hands, dir
to the junior Masters' hands ?
Goldetbrough, It was so.
E. o^ Mace, As to ilie mooev appoia
be disposed of, for [payment c€ aebft, or i
wise, IJow w»s that paid ? Was thai p«l|
the chest, or into the bands of the r^p
Masters to whom it was referred ?
GMetbrougk, I thit)k it waa put
chest ; there was then no differ eoce at aH !
E. of Mace, Had do other Masten ftietl
mooey brought before them ? waa all I
before the junior Masters ?
Goldesbrough, The general ortler itai, Ibr Al
tnoney to be brought before the jitfiior MattSS^ j
to be kept in a chest there.
E. of Mace* Mr. GoJdesbrougli mi%taki«1ls
question. I don't ask how the money ta
usually brought ; but had no other llfiM |
money brought before hina iii my lord <
p€r*s time ?
Goldesbrough* Yes, my lords.
E* of Mace. What dooey was that ?
what occasion?
Goldfibrough. The bringing the
the two junior Masters was found to beiiw
venieut; whereupon, nP-*^'^ t wm
and the money was brow ,_* fh4
to whom rhe reference v*... ,., v,-tiit*
E.of Afacc. Whether the money that]
paid in to the two junior Masfera, wis
such money an was before ordered to be (
into Court? — Goldeshrmtgh, Yes,
£. of Maec, I deittre you would reCATlK^
whether you were not prcMMit at a mcetiafif
the Master of the Rolls, and Usher, and oihtni
whether this wa^ not under consideniiion, »to <
money shouUl be paid into court, and
should be brought before the Master ?
Goldesbrough, Yes.
E. of Mate, Whether yoa *rer« not (
asked. Whether tnoney directed af^rr ai
is beard, to be disjiosed of, wis not brougbll
fore a Master ?
GolJckbrough, Yea, I was asked that ^
tion.
E. of Maec. W*hat accouot ditf you gili
the course of the Court in thai particular?
Goidesbrough, I gave the same as aow, i
the latter practice had been to bring tt
the Master, to whom the cause was i
E. of Mace. Do yoo remecober, ,
the Usher was not asked. Whether be I
precedents of monev paid into 1 1 is ha
distributed among<$t legatees, on
what the answer was ?
Goldcibrough, lie said he had none,
E. of Afocc. 00 you apprehend th^4
of the Court to be, that money brouffht li 1
i^x^ Htaxv^^ is to be paid ia to iba wkV) i
1103]
JuY High Crimes and Mhdemtamrs*
money ftfter hem i tig to be brougbt id before
Ibc Maii€T ' — Goidsbrou^k, Yes, 1 do.
lE. oi y. I desire be would itiform
nir li' sUiki the security m, uud bow
Hcb, that !» ^nveu by tbe Usbrr ; and wbe«
rr it ia tlie ^ame rmvr, ax Jt was before tiiy
I Cowj)er made thai alteration ?
^Ooldcihrougk. I cauH iMiy aoy thing as to
^t, I kauw nothing of it, il doth not he in
>rj<, Frohyn, Your lordMhipf will pleaae to
ember, ill thecatieof 3Vlr. LIde, though he
^d 5*250/. oil the mt»ney was returned ex(?epl
50/. So IheBameas to ftlr/fhurston '8 5,250/*
II all was returned iu a reosonablc time ex-
^t UfOOOL so thai to tlvese facts, we shall not
isble your lord»hi|>9 with any witnesaci.
L now we shall beg leave to lay before your
llshtpa another evidence, that when Mr.
aratijn was admitted into ttils office upon the
rmeiit (^f 5,000 guineas^ another gentleman
6,000/. JVIr. CotUngham nroved the
aa to Mr. Eld«, This we Jo to shew,
fct his brd^hip was not tliat avaricious person
\ he hath been represented ; he refused 6,000/.
took teas fr(Kn auother^ We dtfsire Mr.
Ills may be called.
Mr. ElliM sworn.
rSeij. Profcy It. We desire Mr Ellis may be
akcd, Whiil he knowi of any sum of money
kliMt w%% oflVrtfd tor (he Masterihjp ia Chan-
i^>ery to wUich Mr* Thurston was admitted, and
ph»t that sum was ?
LJC//a. Upon the dei^lh of Mr. Borret, Mr.
lehrird Lucas came to me at my lord Mac-
' atield'a and told me, that his brother desired
\ have the place of a Master in Chancery,
I vaeatit: And he said, that as I was in my
Mac clcxti(*hrs family, t might be of ser-
' (o him, ill convey iiig Mr. Lucas's propo-
i |4i m> lord. He then told me, what 1 was
fofTipr my lord ^laccie^treld lav that place ; he
lid he wis so sensible of my bird Macclesfield's
piinur and generrmity, that he would leave it
tirely 1^ )ii» lordnhip, what he would have in
Utiideratloii of bin corning in. But if my
fii Micclesficld did not approve of apropoiiiil
undetermined as that was, I was t^i offer
[)/. or 6,000 gtiineaa ; f don't remember
bicb of thotie two ^um*^, hut one of them I
I certain it waH. I did oflcr il to my lord,
^O told me ^Ir. Luca9 had been well recom-
to him, and he wa» »atistied with bis
M ehararter, and with this ufler. My
l«c<:lr ' ' ' --''^ no more; and I coii/d
|irt»i h ,r U> explain himself arty
t ii...,,i .. xliitanswcr to Mr. TiUcaH,
noilvnig fan her ok' thai matfcTf till
Macc'let»(iv^ld liad declared that Mr.
inttm should have it,
^Cmn^ Sr ri. 1 1 levi r f 1 j i ' ri ui v U- a«ked , W he -
iuf tii 1 la htm, WIS
tlai. - ■: ■ ,
UJu, Mt. Kjcbitrd Lih^a wus my acqun
• ; whnt b« de^iml me to do ihis, 1 i
t% iras ml proper for mo ta sf ply abyut
mzitters of such nature ; but in friendship to
bim. 1 would B{>eak to my lord about il.
Mr. PlufmKr. [ don't kmiw whether the
cownsei have done ; if they have, 1 desii^ to
ask I'/ ss, what Mr. Richard Luctis is
hint u. He i« a clergyman.
Mr. iiimuncr, 1 desire to ask him, if Mr.
Htchard Lucas did not, at the same lime tlial
he proiKvued the 6,000/. lay some restriction
or conojtion upon which he was to pay it.
Had not vou such instructions?
Eliit, No, I dou*t remember he did any.
Mr. Plumnten Then I desire to ask you, if
he did not my, provided Mr. Borret's deficiea*
cy was made good f
EUit* He mentioned no such condition lo
me ; he did speak of Mr. Horret's deficiency ;
I told him I had heard there would be no defi-
ciency there. Upon which he saiJ, He had
been assured there would be nooti by a getiilt*
man known to us both ; but bowevc'r ihat be,
says be, my brotlier is willing to enter into a
treaty with my lord Macclesheld upon tlio$«
terms.
Serj. Probyn, My lords, we shall trouble
your lordships no farther upon these Arliclei
we have been upon, the other gentlemen will
answer what is to follow*
Mr. Robins. May it please your lordahips,
! am likewise by your lordships* permission
assigned of counsel with the noble Ear), who
has the mislbrtuue to lie under the weight of so
heavy a charge, as an Impeachment by the
whole body of the Commons of Great Mriiain ;
and shall beg leave to (»pen lo your brdsiiips
the nature ot his defence, and ihe strength of
his evidence, with re^anl to tbe Eleveoln and
Twelfth Articles of tbrs Impeachment.
1 am sensilde, my toril?$, that the solemnity
of this prosecution, from the weight and num*
her of those who are become the accusers of
ihts noble Earl, and the awful appearance and
wiadom of those who ure to be bus judges, and
the name of an impeachment iu parliament,
may seem to carry an argument of greater
crimes and greater guilt, titan are to be met
with in the ordinary courts of justice below.
But, my lords, with the greatest submission,
if Ihe solemnity of tbe proceedings on this oc-
CBsion bast not altereil the uuture of things, and
impririteil a guilt where there is no guile, we
humbly hope we shall be able to lay before
your lordships ^ome few obtervatiou^ and cir •
cum»ianees of evideor**, that will, at least, «3D"
teouale, if not wholly abate and take out, tbe
sling and malignity ot the several critnee wliere-
ol iiuH n'lble Earl stands accused.
Your lordships, without question, wilt have
long since observed, that the lossea and sufler-
ings of widows, of orphans, and others, who*
fn*m tlie distress and iranotcncc of their coo*
dilion lo help or defend themselves, have 0ed
to the Court of Chancery, when this noble Earl
uled there, for sanctuary and protectioo ;
. these hare been jutftly made oat of as tha
I greatest aggra?ations of liM crimes wherewith
I
I
1167]
10 GEORGE I.
Trial of the Earl of MaccUxfield^
he is cliar^, and they have been displayed
with the utmost force of eloqaence, and in the
most moving straius of commiseration and pity.
And I believe, my lords, every one that
heard them have shared and gone along with
the honourable Managers for the House of
Commons, in the concern and indignation they
have so justly shewn towards those who have
been the authors and contrivers of them.
These, my lords, are subjects wherein the
richest fancy may almost lose itself, and the
)M)ore8t can never be at a loss for something to
offer to move and afiect the passions of man-
kind.
And the learned Managers for the honour-
able House of Commons, nave adorned and set
off their Charge against the noble Earl on this
head, with so many beauties of expression, and
so great a pro|iriety and choice of language, to
engage and win over all the passions of human
nature to their side, that it will be difficult, if
not impossible for us, who may seem to have
nndertaken an argument leading to disprove
and reason against the force and truth of all
these, to hope for success, but by shewing to
your lordships, that the noble Earl entirely
joins with the learned Managers in their just
resentment and concern on this occasion, that
he is deeply affected with the losses, the de-
predations and the havock, which has been
made of the fortunes of the unhappy suitors of
the Court of Chancery.
That be has long been endeavouring to put a
stop to them ; that at one time he has con-
tributed his reason, his judgment, and hie un^
derstanding, to find out effectual methods for
the cure of them ; at other times has made use
of his power, his authority, and that majesty
wherewith, as Lord Chancellor, he seems to lie
invested, to enforce and hasten the completing
of them.
That he has convened the Masters, the Re-
gisters, and the several officers belonging to his
Court, to consult, advise and assist, in tinding
out means to stop the growing evil ; that he
has assisted with his purse, has advaucetl con-
siderable sums of money of his own, and when
nothing.would do, when the mischief appeared
too big for his single endeavours to oppose,
that he then at last presumed humbly to lay
the whole before his majesty in council, as well
for his majesty's assistance and direction, as to
testify how much he had at heart the finding
out a remedy for the cure of those overgrown
diseases, this epidemical contagion, which was
spreading through every part of the Court
where he presided, and seemed to threaten de-
struction and ruin to the whole.
These, my lords, we humbly hope will prove
the noble Earl not to have been an idle and un-
concerned spectator at the tragedy that was
ac^ting around him ; that he saw and felt tl e
commotions it had raised, and was fully det|/r-
mined to put an end to them as speedily ynd
effectually as he could. '
But when, my lords, a stop was put iqiine-
dlialely to bis embaTOim ; wbta he wii dis-
[1165
armed almost in the very Jbegicning of his on.
set, and when tlie great seal, and therewith bis
power to proceed further, was taken from liim,
your lordships will not impute it to him, that
he was forced to sit still, and leave it to othen
to effect what he had, so prosperously and ba[w
pily, begun.
Vourlordships, without question, willhtve
already observed, that these fatal roiachie& di4
not spring up all at once, that they had luo^
lieen growing, that the seeds of them had law
bnrietl and concealed for a considerable liai^
and, that they hardly appeared at all, till thcf
were grown too stubborn and obflarate, tojicU
to an easy cure.
Your lordships will likewise, no doubt, he
observed, that however, in the strictest sij tf
considering things, the Chancellor may p»
bly be thought to be answerable for them ; la,
that thev did not originally proceed fron Iwi
that he had not the immediate custody or «-
dering of the suitors' money or effectsi
That the Masters in Chancery, who are m
less than eleven in number, by the coDsdiiM
of the Court, and the nature of tlieir ofikx,
were necessarily to be entrusted with that put
of the business thereof.
And when your lordships shall likewitt h
pleased to observe farther, that enou^, ui
more than enough for the strongest ooosiiiaM
of body, and the greatest abilities both of niii
and understanding, remained still fortheCbH'
cellor*s own share, in the dispatch of the ^i^
and necessary business of the Court nbtrt Is
presided, the innumerable avocations by bis it-
tendances on your lordsliips, on his ouja:?.
and the council, and other services, wliicbuc
duty of his high station required from him;
your lordships, no doubt, will easily ndcts,
that he had but little leisure, suddenly, aaJ is*
me<Uately to go through so arduous, so diiiicuhi
and so tedious an undertaking, as the statis;
and settling of the Masters* accounts, tiv «
less than almost a million of money, whicb U
now appeared to bo. in their hands. Ad«I ;oar
lordships, we are persuaded, are nubtranijienio
the many and almost iusu{»ei-ahle diificultKi
which even at lust have attended the prorf-
cutiou of that affair, the great length of time it
has taken up, the numlier and variety ct' meH-
ings and consultations with persons of ihc
greatest abilities and experience to go to u'
bottom of it, and whether even yet tbev haie
been able fully to effect it, or have fixed <«
such methods of enquiries as have laid opca
the whole scene, or will certainly pieveat i^
like mischiefs for the time to come ; theie,tBr
lords, we humbly apprehend, are coosiden'
tions that will not be thought altogether oi-
worthy of your lordsliips' notice iu detennioiif
the guilt or innocence o\' this nobk; Earl of ^
crioies laid to his charge.
It must indeed be admitted that tbej bft*^
for the present, taken away the money, cft<^
and securities of the suitora out of the AUiKn'
hands, and so have prerentcd any )amfK^
tiuMta eBOMOQlbiirpart.
1109]
fiir High Crimet and MisdemeitnorS'
A.D. I72S.
[1170
I
f
But wbether^ my lorda, they are evea yet
dispensed *>f' in such manoer asVuUy la anijwer
lo the LNiils projiasedj ivhetlicr ilie ease ari<t
convenience of the iiuitors of ihe Court will
appear tube more effectually proviited far, ttmn '
they were before, by i!ie met bod 8 that buve
now been taken to dispose of their moni'y and
fleciifilies; these, my lords, ! ara afraiil are
questions more easily asked thdn answered. i
Boty my lords, all 1 would be uiitler^tood to
mean by llm, is^ and f mean nothing more by
»t, tbaii that the senliotr and ailJuMtin;; of the
M asters u ccou ots for «u c h ^reat sums of mo ney ,
placed and disposf^dof in fiuch variety of band«,
90 difHcuU to be tboroug-hly conaid^-red or un-
lierstood ; and so tittle to be dt pended on if
ibey were underBtood ; that this, my lords, was
rather tbe work of persons at full leisure, of
persons coQversttDt in tbe nature aud manner of
accuunU, that it wbs tbe work of variety of
persons of diflerent capacities and abilities, and
80 the takingf of these ar^ounts lately has abun*
dantly veritied and proired theni to be*
And then, my lords, we bntnbly hope that
Ibesiag-le endeavours of a Cliancellor to tbe
same end, by beinff nnsucee^sful, will not l»e
made cnnitnal, and that he will not be obliged,
under the pain of an impeachment in parlia-
tn^nt, to do what, with the g'reatest submission
liDi never yet lieeo attempted, or if attempted
has met with tbe same ill nucee^s with the en-
deavours of the present Earl, and could never
hitlierto be completely or perfectly effected.
liut^ my lorils, with great stubmission, if the
statin gf and settling of these accounts, on n just
and lasting fouadation, alkould be admitted to
tie tbe i\xt\y and office of a Lord CbajiceiJor,
and that he is bound under pain of on impeach-
tiient to take careof them^ yet as this is a work
©f the greatest moment, judgment and conside-
ration, and must unovordabty take up a very
srreat [lortion of time, and put a total slop and
obstruction ihv the present to alt tbe other
branches of his high office, we hurahly hope,
-luy lordsy that hi^t being cut off^ in the midst of
Ilia endeavours of that kind, and thereby pre-
vented from flirt her pursuit of them, that this
WiH he a consideration of the f;re-ateat weii^hf
^ith your lordships in determining' the fate of
this noble Earl, and that he will not be tnade
erimintil for leaving it unlinished, when his
power of proceed joj^ further therein was sud-
denly and u(iex|>ectedly taken from him.
My lonis, your lordships very well know that
the business not only of the Court of Chancery,
but of all the other courts of Westminster-
bath and even of your lordships^ supretnc Court
of Judicature, is and must necessarily be dis-
tributed and disponed of into fariety of bands,
that tome are assigned to one province, s^^me to
another, and alt of them eoncurrini; to the
same end, the carryinjf on the huis^ines* of tlie
r^pective courts to which they belong.
Aod, my lords, the officer* and ministers of
each of the^e courts of juaiice^ on their lit'ins;'
admitted thereto, ipve each of them tbe security
#1 an oath, or aomt penpal is#urity for Ih^
YOU XVL
d«e and faithful discharj^e and etecution of
their duty, whilst they continue In their ulHcei,
Now, my lonis, what can be the end of re-
quiring and resting on these jfiecuritieg, biiT to
relieve ami ease the minds of their superiors
from tbe necessity of pryinjj ami ex:i mining
daily intu their behaviour antt conduct, to the
hindrance and neglect of their own g;reater and
more immediate duty ?
The otHcer is ut tiie peril of bis osth or the
security he has i^iten, nay, even at the peril of
the oflice itself, to discharge his duty as he
oug^lit, otid ju&tty forfeit<9 his otficeby a nefjflect
or breach of »ny part of his duty therein ; antl
if one or two of them should ha^e no regarri to
all or any of these ties, must the ten rig^litcuus
that are left, nay, must the Chancellor him&df
be punished for their siikes ?
But, my lords, Wasters in Chancery are Bf«-
nerally, it not always, chosen I rum the prof!es-
sion of the law, and tbe manner of their e^luca-
tion, and the nature of their studies, are justly
supposed to set them above Ihe temptation of
mean, af base, or little and unjust actions.
Many of that profession, your lordships witl
jiermit me to ob^rve, do now, and have, in all
ages, worthily adorned even the august body of
tbe House of Peers, and have beea advanced
to the highest dignities in the state.
And then, my lords, I humbly hope it will
not be thought an observation altogether im>
proper, that \i hen one of this liberflreducation^
when one brntight up in the stuity and practice
of a profession, whose very principles consist in
Ihe knowledge of virtue and honour, of the
rules of justice and e<]uity, aud all the accom-
plisbmctits which can ailom life, or make him
useful to his king and country ; 1 say, my lords«
I humbly hope it will not be improper to ob-
serve, thai when such a one applies for an office
in the civil gt>vernmenl, which he is in any de-
gree qualified for, it is do wonder that be should
meet with a more favourable reception than
other pei^ons, who perhaps may have nothing
but their estates or fortunes to recommend them,
Ttie very profession of such a one is, my
lords, almost a sufficient security and recom-
mendation of itself, and immediately induces at
persuasion and belief, that they will do nothing
to forfeit their honour, their reputaftoo, or that
credit and esteem which they so justly do^and
ought to regard and value.
But w hen, my lords, it is remembered that
the additional security and sanction of an oatU
is likewise required from them, when tliey
invoke the Majesty of Heat en to bless them as
they i»erform their duty, what higher, woat
greater or better secuntv can be taken from
them for the due and faithful difccharge of Ibeir
duty hi the ot!ice they are entering upon ?
'f he oaths they take upon that occasion your
lordships have already l»<nird, and no doubt
will have obaerved, th^U ttiav differ tittle from
tbe oath, which even the' Lord Chancellor
himself takes on his being admitted to bis owa
high office.
And as ihaj til m\^i Viva. vOk\^^xaKl^ ^a^'^iK
\ 4E
4
4
4
1171]
10 QEORGE I.
Trial cfthe Eari qf Maedeffitidt
[1172
bench, share with him in carryingf on the most
inportani business of that Court, which is next
in digbity to the supreme court of judicature
we are uow btifore, when they are in roost
cases necessary for the distributing and dealing
out justice and equity, apd fixing the rules
and bounds of property to the suitors there.
Can it, or will it, my lords, be easily or readily
imagined, that they Khuuld have no regard to
all these sacred ties of dut}, that they should
prostitute their honour, their conscience, and
every thing that is dear and valuable to them,
for the sake of any worldly or temporal con-
aideratiou whatsoever ?
These, my lords, we humbly apprehend, are
some of the reasons which may beoflered, why
no personal security has ever been n^quired
from a Mai«ter in Chancery,- on his admission
into that office, any more than from the Chan-
cellor himself.
And if this he so, though there could be no
Deed or occasion for the Chancellor's making
any declarations concerning their abilitv or
auhstance, yet we humbly hope we shall be
able to shew to vour lordships, that this de-
claration, which 18 made one of the Articles of
an imiieachment against this noble Earl, that
even tlits too, was not without its just founda-
tion of reason and truth.
And this, my lords, leads me to observe' a
little on the Eleventh Article of this Impeach-
loent.
M)r lords, the Eleventh Article contains a
two- fold cliarf|;e against the Earl; first, That
whilst be continued in the office of Lord Chan-
cellor, in order to advance and increase the
illegal and corrupt gain arising to himself from
the sale and disposal of the offices of Masters
in Chancery, he did admit several persons to
those utfices, who at the time of their ad-
missions were of small substance and ability,
unfit to be trusted with the great sums of
money and effects of the suitors lodged iu their
bands.
The second charge against the Earl in this
Article is, that be did publicly, in open court,
falsly represent the persons by him admitted
tu the offices of Masters of the Court of Chan-
cery, as persons of great fortunes, and in every
respect qualified for the trust reposed in them.
These, my lords, are the two branches of
this Article against the Earl; and 1 would
beg leave to observe upon it iu general that it
is not so much as charged or insinuated in any
part of it, that the Earl kne«v, or had the least
notice of any insufficiency or inability in the
Masters at the time he admitted themnto take
upon them that great trust.
If that had ^en the case, or could have
been clearly made out, the Commons without
doubt would not have omitted so material an
aggravation of this part of their charge against
the Earl.
They have indeed proved, that the Earl did
not think fit to tafie the Masters owu words
for their- abilities and fortimes, and therefore
Aar«r liked them the qucitipB.
But, mj lords, we hope vre sbmll be aUe to
shew to your lordships, that the Earl took a
much more pro|)er and effectual method, to be
saiislied of the truth of their circumstanoefl
And abilities, than by any appeal he could have
made to themselves; that he did not content
himself with barely asking ibe question for the
sake of an answer, whif*b he ought to have
had no regard to, whether true or false, bat
that he weighed, considered, and judged of the
account he received of them on bis eoqoiry
from others, and determined accordingly, wlie-
ther they were or were not fit tu be placed ia
an office of so great trust.
That iu consequence thereof, be alisolutelj
rejected some, though their friends offertMl hitt
a greater nresent, or if it must l>e called so, t
greater price for their offices than others, for
want of an estate or fortune in posse>siooflf
their own, that might be some ways adequate
to the great charge they were going to be en-
trusted with.
That from the same views of security to tbi
suitors of the Court, he refused to admit otben,
from an apprehension that the sums they
offered, though considerably greaierthau were
offered by others, would too much exlianst aod
lessen their own fortunes, to he aide, with aay
deforce of ease or credit, to suppori themsirhcs,
or be consistent with the safety and security of
the suitors' money and effects, to be entrusted
with them.
These instances, my lords, we shall be aUe
to province to your lordships ; and when we
have so done, we hope we shall need to be in
very little pain for the second part of ibis
charge, which the Eail by his Answer b«
parti j^ admitted to be true; thai is, that be
believes he may, upon some occasions, liafe
declared, that he thoujL^ht the then bcxty of
Masters as good, with respect both to their
estates and ability for the discharge of their •
office, as had been at any time before.
This, my lords, the Earl owns by bis Aa- i
swer. That he may on some occasions have
said ; and if it were true, where was the crioie
of it? It was indeed more thau he needed to i
have said, as no one liaJ authority to require
him to make any declaration at ^1 about the
Masters.
But, my lords, if he had said more tbaa be
needed to have said, and yet his saying was
true ; we hope, my lords, that will never be
imputed to him as criminal.
Indeed, my lords, the honourable Maoageri
for the House of Commons, both in tbcir
opening, and the course of their evidence, bare
tacked to this declaration a circumstance aris-
ing from the death of Mr. Fellowes, oneoftbe
Masters, which happened just before this de-.
claration was made, from whence tbey woold i
infer, and one of them was pleased to say, it I
was a necessary declaration to be made at tUi ^
time, to give notice that the office was weilh
buying, or to that effect.
But, my lords, we bambly h(^, bow ii-
geoioiwBMver th% obsenratioa nay bo^ thit i
1
1173}
Jvr 'High Crimet end Mitdemeanors.
A. D. 1725.
[1174
«^^ in
will bnve no wfi^bt with your brdshins, if the
Initli and n^lureoftljeca'M* itwlt' win «upj>oft
the deckmtion Ihat was matle upon tlial oc*
eaiioo.
But, my loHs, before 1 learc this Articli** I
wutilij beg leave tci atlvl uue tihM*rv»ti<ai more i
) what I buve MJreaily sat^l u|H»n the firKt pnrt
if it, eiittuernm^r lhc> obU^^ation on tlie Masleru
in Chmti<!erv to Ite tbahtiik tn lUe discharf^e of
tbcir duty, iVoin the hmioiir o( their (irofesnion,
Add the oature and sanctity of liic oatli they
jtake on their biing- acSmiUecl Masters.
AntI, iny lonls, I the rather chu^i? tn take
ilialice of it, because it in hu argument which
b« bonuurable Managers nf tlii^ House '^•f
Cimimous bair« ibrnuelvca furnishpt) ua with.
Your lorilship»ivere |t1easeU to ob«tM ve, that^
ia the very iK't^inning of their evidence, they
iank tp^at care ami pums to exalt and iH^nily
the omce of Maaiei-n in Chancery aa hi^b is
liuble, and therefore they read to your tnrd-
biM Mteral cutnmivbionM, and put io uther^
* tne table, from ihc time of Edward the 6t It,
Idown to this time, to prove, that the IVlastei'a
Ciuiacery wtre joined in commiiicioii with
' of tlie HolU, and the judge;} them*
^ r tlie hearini^ and deienmntngr ^f
lib etjmty, 10 the absence of tlie Chan-
[celbf.
And it was «iaid by one of tV • nl Ma-
nagers in the fti'*t d,iy*H Mpemr n oc-
caaiou, that the Misters in L...i», ..> were
[ next in power to the rhuijcellor hituKelf, ader
llbe Master of tlie HolU.
From which 1 wimld humbly presume to
kiuferi that if tbia ht so, if they are per!«ons of
#uch etnineoee and worth, and ao neaiiy re«
luted to justice itaelf, on tlit^ir cotiimenciii^
^iister», it i« atill a hi/y^ber obliuration ou them
> be cai*eful in the discharge and execution of
office ; and then, whether these coumJ-
eratioofly whether the lies of honour, of con-
*oce, and of the f enerable conipiny they
from henceforth joined witli, anif mwt
aI to ; whether theiie may not in a great
neftiure he fluppiMed to supemedtj that fttrict
Len^uiry, which a Lord C'ttancelbtr would otiter-
stbitik him<ielf ohiit^^ed to make ; tiiis, my
, we humbly ho|»e will not be thought an
neivt altogether foreign to tb« pre-senl
on before your KirdNbip«i, but will, we
pe, at leaat eaieuuatc, if not whoUy wi^ie
rany ^oilt, that for want of sacii enquiry
iL't- npuled 10 the Earl UQ bta
0ut, my lurJj^, there la otie obacrTitioo Ikr*
[ihcr^ which I cannot let p«aa on this oceaaiiHi,
kttoogh il ia ootalrtctly l^ Uie Article 1 am now
•dfi
|A ibi
Aod Ibat If, my lords, what the an me teamed
_ obaicrYeil in his rt!i!iomn||; u\tnn i\in\
lutt, that the o&cea of Ma»ter» in i h^n< ery
in|f idBc«f of iOch gri'ut Iruat atid di^ttity,
ibat no u^eet were nuirc improper to bv bought
lg>d told than ibiay, except thoae of the juilgen
||l#aiidfca.
Hiii^ my krda, ailght» and, no doubt» was
a very juat and proper observation to he made,
in 8Up(»ort of the point they were endeavourmg
to maintain.
But, my lords, it falls out very noforiu-
natrly, to disparage and we;tken aiu»ther part
of their Articles, which, wiihuut doulit, they
have ecpially at heart to maintain, and that is,
the ohlitrin^ these pfreat men, the^e jodtfcs^
these MaKterii in Chancery, to ^ife seCurHy lor
the <»uiiorB' money and eflPech* in their hands,
a.f if they were not tit otherwise to be trusted
with theiiu
They are just liefore made a sort of petty
chancellors, rr|ual in diufioiy ^ind |M>wer to tho
juilges theuif^elven, and til to l>e entrusted with
the dij(po^al of the properties and fortunes of
all the suitors of the Court of Chancery, and
therefore their ]daceH mu«t not be botjv-ht or
sold ; but here they are reduced and atiatied to
the low and »ervile condition of a common re-
ceiver or rent^ gatherer, and must ^ive security
for all the suitors' monfy or oflTeet^ that shall
ha|t|»en to come to their bands for fear they
should run away with it.
All, my lords' 1 shall iire«ume to Mid for*
ther under this head, is, tluit thouij'hone of tl^e
Ma»<iera haH intteed trankly owne<l, that he was
worse I ban nothiu(r when he came into his
place of a Miister hi Chancery, yet, from ano-
ther piirt i>t' his efideiice, be owits, and «t fuHy
appearM, that he ^t^i^iy abused and imi»o8ed
upon the Eavl in concealing it from him, of
which the tlarl, when he Ciiine to hare notice^
very justly complained, ami expressed his sur-
prize and resentment, that he should pretend
to come into an ofKce which he was not abl«lo
pay for.
And how far the satne ^ntleman will in time
to come remember the kind and generotts
return made him by the £arl, of the 1,500
ifuineas, when he came to tind him in dis-
tress afierwardHtbr want of it : this, my lords,
must be left to your own conscience, and the
ip^titude of his own heart ; as mu«t aUo th«
like return of 1,500 frnineas made to another
of the Mii^ters under the like ilislrehs and ina-
bility to bear the want of it ; tbe*e, my lords,
are in$tanceN of the greatest {^irneriHuty, bo«
nour and tendeniesa, 1 bail almost said charityi
in the noble B»rl, that perlmps can be pro-
duced in nrivate hfe on the like occasions ;
however, tney have been doifij^'^ured and dis-
guised by the leanun^and ingenuity of the ho-
nourable Mtuaifera for the House nf Com-
mons.
In the mean lime, my lonis, I would Itetf
laave to observe, that tfie reail? pkiyiug and
pro^lucint; nt these suniA to the Earl« for ttieir
places at first, their tiot giving him the hniit
n(>ti£ c or iriiitnation that it was not their own
uioiii'v, and ih*' liifure and iippeaiHuec they
rir ' 't'^HOild; these all concnrriogmitjbt
( ul till* noble Kurl utto a p^^rttuaiaoii
au I , that they n ally wertt wlmt Uiey
appeared to be, thai' ibey 'w4ie well able and
suiftcient to bear the ex(»«nce of it. ^Vnd nei-
ther t>f th«sa tiiro, or of tb« olticr Maat«rt baia
1176]
10 GEORGE L
given any sort of evidence, that the Earl kneir,
or had reason to entertain the least 8ui|Mcion
to the coutrarv : and if now, at last, the de-
ficiencies of these, and of all the other Mas*
ters placed in hy tlie Earl shall appear to have
heen already made good, or to be so tar se-
cured, as to prevent any danger of a loss to
the suitors of the Cosrt, from their several
oiBces (which we humbly hope, on the strictest
examination, will appear to be the case) we
may then humbly presume to hope, that the
Earl will not be thought to be criminal under
any part of this Article ; but that your lord-
ships' great justice wdl acquit him wholly
of It.
But, my lords, T would now humbly beg
leave to offer a few words aiMl observations on
the Twelfth Article, which comes next to be
considered of.
This, my lords, charges that whilst the Earl
was Chancellor, an unjust and fraudulent
method was practised in the Court of Chancery,
on the sale of Masters' places, and on the ad-
missfions of new Masters ; that the sums agreed
to be paid fur the purchase thereof, were uaid
out of the suitor*)' money, either by way or re-
tainer, or by replacing the same a^iu in the
hands of the selling Master, immediatelv iifter
the admission of the new one : and that by this
practice the price and value of these places was
greatly advanced, and persons of small ability
and substance were encouragfed to contract for
the same, which has occasioned great defi-
ciencies.
This part, my lords, shews only the contri-
▼ances amongst the Masters themselves, how
to get into those offices ; and so far the Earl
seems to be but little concerned in it.
But then comes the Charge against the Earl,
that though this practice^ was notorious and
public, and the Karl was fully acquainted
therewith, yet, for his own unjust and corrupt
profit^ in the selling of those places, he took no
measures to prevent or reform that abuse,
either by causing schedules to be taken of the
mom*y and effects of the suitors, delivered over
to the new Master, or by appointing any per-
son to supervise or insiiect the transfer, and
delivery thereof: but, on the contrary, suffered
that fraudulent practice to continue without
controul, whereby great embezzlements have
been made of the suitors' money and effects.
My lords, the noble Earl, by his Answer,
says, That he was totally ignorant of this prac-
tice amongst the Masters : but admits, that he
never gave any particular directions for deli-
very of the suitors' money and effects, by a
Bchpdule to tlie succeeding Master ; and says,
he never heard that his predecessors ordered
such schedules to be made ; but says, he
believes such schedules were made, between
the new Master and the old, on the general
order of trausfisr, made of course on the ad-
miuance of the new Master.
This, my lords, is the EarPt answer to this
Article. And m he has io geneial ^leniod iiis
Triai of the EaH o/MaedegfiM^ [1176
knowledge of these
ters, it was oerUinly expected by year kml*
ships, that the honourable Managers §» tht
House of Commons, woukl have fullv froved
it upon him, and thereby beve fiditiM Us An-
swer to this part of the Charge.
But, my lords, if 1 did not greatly mistahi
the evidence to this point ; it has funovcd d»
thing more, than that the Earl knew of tbii
practice, at the same time that all tlieiestif
the world did, that is, a little befeffc ChriilaMB
last ; when the curtain drew up, and displaffd
the Masters in their true colours.
Then it was, and not before, that the Eti
was let into this secret by tbe kind assiftssfli
and help of Mr. Thomas Benuet, and thesft*
davits that were nuule by hioa and othenos
that occasion.
But, my lords, with great submiannn, thi
Earl's knowing of it at that time was a litii
too late for him to give any orders for prevtil*
ingor redressing it for the time to come; fv
the great seal was taken from him aoniHii
before, and then all his knowledge alter ssril
be of no use to him, but only to shew km
treacherously he had been dealt with, is ail
being let into this useful part of learnisgi
whikt it might have done him any good.
And, my lords, if this be Sf>, as it cau btsi
ways criminal in the Earl not to put a step n
a practice he was wholly ignorant of, mi
which the Masters kent private amongst tfaea-
selves. We humbly hoiie, how ill soever ibi
Masters may be thought to have deserved «f
this noble Earl, that the Earl himself will sot
be thought to have deserved ill of your ksd*
ships, in not endeavouring to prevent it ; as^
that, in consequence thereiif, your lordsfaioi'
great justice will acquit him of tliis pait of us
Impeachment.
And, mv lords, as to the last part of thii
Cliarge, the not causing proper schedules It
be takeu of the suitors' money and effects, de-
livered over to tbe succee^mg Master, as a
method which might, in all probability, bava
prevented the practices amongst the Jlasini^
complained of m the first part of these Aitidcs;
this, my lortls, we humbly apprehend, oeidMr
can, nor is intended, even by the Aiticlfi
themselves, to affect the Earl isrther or i
wise, than as a means he ought to have i
use of, to pot a stop to these dangerous osstii*
vanoes, formed and set on toot amongst ihi
Masters, to dispose of their places to m bHi
advantage.
But, mv lords, if the Earl himself knew ao*
thing of these contrivances, if he was wholl|[ S
stranger to, and unacquainted with tbe mii*
chief, it will surely, we hope, he no crisMii
him that he did not kwk out for a cure.
But, my k)rds, it ma^. perhaps, be worlh
while, just to consider of the wunderfol disss*
very that seems to have been made of ibMS
schedules, and how far they wonid base w*
swered the ends proposed, ainuittiog tbe Bail -
had known of these practices sinosgst ibt
MasteiB,andbad beoi teller diipoiidtbB At
11T7]
Jor Higk Crhna and Mudmetmort.
A. D. 1725.
[117»
Commons «re pleated to think He Was, for the
remetlyingf of ibera*
A till, tiiy lortlv, 1 sri afraid ttits wnnirt hure
proved very far firtini hcioq^ ao iQfidlil>le me*
"ihod of renoedyiiij^ these evils fur the time lo
^onje; for, my lords^ if the Musters ^ould Imt
trust one aDOtlier, or any botly >^oM trust
tiiem for a tery few days, iniifhi ibey not have
^fie just the &ame th'mg^ thev did before?
m t^^hi they not liave immedmieiy replaced the
money «^o in the bauds iif ihc selttng- Mas-
ter ; or have paid off a bond or any other »ecu>
rity they liad i^ivt^u on ihe borruwhitf of the
moDpy, as stjon as ever Ihty were adinutt d^
undi bud got the Miil<>rs* money iniii their
huiids P Awi if tb(*y had so done, and tbia had
bfen discovered aud coiupliiined of, would it
tint, i^'Hb ijfreai ju«iice, huve Uferi called tnstU
tyiii]|f a tTiHini^ and fallacious m^ihod of secu-
rity tiir the Muitor^, which could do theiu oo
ttinuuer of service, but tettdt^d only to amuse
and decieite them; and then whelher this
wouhl ii(»t have made a better figure In an tm-
peuehment, thnii what is here fixed upori» may,
*We humbly bope^ be thought de^ervinxof your
lordiib I ps'* notice; esipeciall y, my lords, wbeu
it mi^ht have been no easily explained and
iirj^eil, as no doubt it would have been by the
icarned Miinaifera, that the very takitig of
the^e Hchedtdea was for the sake of seeinji;; into
the nature and value td the office to be aold,
that he miL^ht the better know how to set bis
price upon it.
~ But| mj lords, 1 shall only beg^ leave to add
or two very abort observations more upon
ttead^and then call such witnesses, as we
,f e, to speak to these two 4rtides,
And, my lords, ibe firit observation I would
leave to mention, is« tbut the Earl by bis
LOawer o^vns that be did nut» Uf ither did he
jjlrer hear, that any of his predecessors ordered
b achedules to be made ; neither is there
least proof on the part of the honourable
iatiagers for tlie House of Commons, that
y such schedules ever were made, or
ugbt of, till Mr. Lightbouu very happily
it|iou them.
Indeed, the Earl owns by his Answer, that
believes such srchedules were usually made
the old Master and the new, on the^e-
^ral order of trantffer made of course on the
mittance of the new Master.
But, my lords, these are not the schedules
Articles mean, as I apprehend, or, if t bey
, the Earl at least was to have one part of
oi ; or else they conld he of no use to him
l^iardiuf; againnt any fraudulent practices of
le Masters. And if he had badone^ what se-
rity that could have Iwen to the suitors of
Court, if the Masters should have been
posed to make use ot their ovoney at\erwardSj
my lords, 1 have already endeavoured to
of.
The De3tt observation, my lords^ I would beg
ve to make uncier tbia bead, is, that if such
ledules bad been made, what security ^ould
all respects trae, or with any certaioty to bare
been depended on?
Home, my lords, even of the Masters them*!
selves, in the hurry they were lately obliged t^'
give in their account;*, , discovered afterwards
several mistakes and omissions thereio ; and
though they were given in upon oath, yet on a
review, and a more narrow and careful in spec*
tion and examination of them, it was found they
were not alio*<:elher to be relied on ; aod there*
fore the Masters were forced to !»ei them right
in their post- accouTils, given in at some distance
of lime alter ; and whether any, or what other,
or better security for the iruib of those ac-
counts has been yet found out, 1 atn wholly ig
no rant of. ^
My lords, I be third and last observntion t
woidd beg leave just to mention, and submit to
your lordships under this bead, is, ^brtbei'
there be anV} and what real mischief in ibe
practice itself, so grievously complaioed ot in
this Article ?
It is, my lords, ontonous, that in every one
of the ol^^ces of these Masters in Chancery,
there is always necesiQirily a much grealer sum
of money lymg dead in the office, than goes to
pay ior the»r places, either for want of securi*
tien %v hereon !• place the money, or from the
different claims of persons entitled thereto ; or
to satisfy tlie ilemands of creditors, and other
persons, as they shall from time to time come
in and prove tlieir debts, and from several other
causes, which 1 need not here enumerate.
And then, my lords, whether there be any
great difference betvveen pa j iog for their places
out of the suitors* money, lying dead in their
hands, or raising so much muney out of their
own estates and fortunes, in order to let the
suitors' money lie dead ; whether a practice of
this Ditture, which docs no sort of bun to the
suitors, is of no advantage to the Masters, and
which the Earl liiinself was wholly a stranger
to, and which, if he bad known, could not have
t»een prevented ; whether this can be beighlen-
ed or improved into t>o heinous a crime m the
Earl, as to need or deserve the most s^^ileroti
prosecution which we are acijuaimed with, a
prosecution by the representatives of Uie whoI«
body of the nation ; Ibis, my lords, we humbly
hope will deserve to be tliougbl of. In the
mean time, as the Commons have cliosen your
lordships to be the Judges, the Earl himself
with the greatest pleasure joins with ibeio, and
humbly appeals to your lordships* just and im*^
partial judgment*
8erj. Trobt^n* My lords, the evidence which
we have neitt to lay before your lordships re-
lates to the Eleventh Article, by which italunds
charged, that several Alaaders admitted by the
noble Earl were perwins itf small substiinct; aiid
ability ; and in that respect very unfit to bo
trusted with the great sums of money, and
other eifects belonging to the suitors, i^htch
were lodged in I heir handK by order of the said
C ourl ; not w i i b><ta iid i n ^ ^ U\cV\ VW lasJv^*. >LaA
lian^ l»MB to ibt i£ar]| iliat tbey wert in | did pubUc\)\ia o^^uC^>tf\« ' '
. ^^»>^\ax«. >^iwsa. M4>a«.
J 179]
10 GEORGE L
Trial oftfte Earl ofMacdesfiM^
persons of greal Ibrtuties, and in erery respect
qimlitied for the trust so repOAeil in tUern, in
the iijatiifost deceit and prc'jiidiccQt'tlieaaitnrfi
^ of Ih^ said Court t but, my brds, though llii^
\ cbiirge of this Article Uv conceived m geoend
^ terms, yet I apprehend we are now only lo ac-
icouni for the abiiitle« aud circumstances of
•uch of the Masters, as they hare descended
into auy particular evidence against, upon that
I liead : now the Hlmters, who have bi'on ad*
'mitted in by his lai^shtp, and aq^ain^ wtiom
any insinuations of ihi« kind have been levelled,
are I^Tr, Kynastoo, Mr. UeriULtf Mr. Eldc, and
Mr, Thurston : but ( should in the fust place
I observe, as to BIr. Eldeand Mr. Tburslou^ tliat
► there is not the least pretence of any deticiency
^ in either of their otDces, from any cVidcnce that
^lias been yet oflered by the learned Managers;
I they stand both of them ivitbout obj<«ction in
^ point of substance. As lo l\Ir. KvnaNton, in-
* deed, I do own, tbut at the time when he deti-
^Vered in his accounts, ibt-re appears to iiave
i been a deQcienoy in his office ; but since tlmt
' f itne he hath given such security, as the Court
thought fit to accept of, for answerintj^ it to the
I tuttors concerned. At the time of his admis-
lion he appears to have been a man of fortune ;
.*^he bad a good estate in land^ and a considera-
ble sum of money in bank ; and had a great
[.deal of wood upon bis estate : if he really was
) a man of a considerable fortune at lb at time,
f and if be appeared $o^ and came ivell recfim*
tiiended in other respects to the noble lord^
1^'bat fouodaliou is there lefV to support that
|»art uf the Charge ag^ainst I be noble Earl ? As
[.to Mr, Thomas Bennct, iudeed* though he did
i.make au appearnnce inttbc world <*<p)at to a
loan of furtAine, yet ha now pretends it was far
-from being so, though he bad an estate in land ;
vet be has told your lordships it was iucum
^ Sered ; but, witFi submission i/> vour lordships,
^ It doth not ajipear that any of these iucum-
I brances were made known to the noble Eai I ;
DU the contrary, he appeared to him in tlie
same light as in the year 1720, when he saitb
he was worth 20,000^. and these iucumbraiices
bein^ private, it is impossible the niible Earl
thou Id then know them. We shall shew that
at this time he was not only a man of visible
substance, but of real sulistancci equal to those
\ IV bo are usually admitted into these offices ;
and if he was equal, hotli in reputation and for*
I tune, with those admitted by the noble Earra
l^redecessors, we hope it shall not t»e imputetl a
crime in him, to have trod in their steps in that
Darticular. J n order to make this out against
Mr. Bennet, we shall prove, that about the
time when he applied to Hiccocks, to get hack
[ part oi the 7,000/, he then declared nis sub-
ttance-was so good, that if he could but have
5,000/. he would pay the rest himself; be de-
tiied before your lordships that he said so ; but
ife have persons of undoubted cburacter to
I prove that he did say so. And when that ap-
^ pears, we hope you will give the less credit lo
tar, Bennet's testimony in any otlier particular
iffthh eoncenii h) s foiluoe. We %\m{ like w Ue
prove, as to Mr. HicccK^ks and Mr. Rofcn,
that tiie sums of money, wliitli ih» v rctjMiic^ '
are now submitted to be re r hscm n*
speclivcly to the Coart, i i any dci
cieocy, so htr a^ the estates ul tbeir kuccomi
shall Vail $bf»rl in satisfy 1114; tli^ same ; 10 tta
upon the whole, the suitors are 10 no |
of suffering by any ti'ausaction oi \
fcLynasion. \^e shall begf leave to cu
nesses, and prove the several f;Ki
opened to your lordabips yp<»ii Uiis Arudc.
CojT?. Scrj. My lords, we huoiLly appriW I
til at in tins case the noble Karl » not refpofli'
bic for the bad circumsiaacc^ of the party ; / I
he, upon enquiry, have rect^ired aucb 10 10- [
count as is proper to rel}' u^M»t« in^.i u\ «ati«^i
reasonable man, it ts sumcu iftc^toai
of the trtists reposed in the^ ; ^ laUkSi
m agnized, and great it is ; bui your bntilipP j
will please to cousider, that it is uoi lu lirii*
(TCcted from the nature of the thing, itut fs-
sons of great or overgrown forittrnts ^^mM |
take upon them those otHcea. 1
formed your lordships, that 120,i
in one of these gentlemen *a hiinils, 1 I
no i>ersons of such vast estates m^ 100/jC
150,000/. would give themselves the trou
executing these ofiices, atten<lt;d witii
ri$ik, and requiring so great alieudaa
Uevi; the ouice of a Master in Cbi
never dnd either such buyers or s«
that can be expected is, that tliey mti
of reasonablt; tortuues« per^ir^h; of
year, brought up with a
persons who are of gOQd cb .
integrity and abdities ; this h u
reasonaldy expecteit, and we ap|K .
appeared to ytmr birdships» tliat the
whiclk the evidence hath bt^en ^ivca ot,
such, and such a representalioii waa niadcil
rl
My lord^, 1 fnintfl^
IV en in that belsf
>i%e<4'Cttin[ito«P
r Thurston.
them to the noble E
init it upon the e.i
by the gent I erne ri
this proseention, liiaL .^
no way uulit, but a pei ^
into such nn office ; tir.
either to Mr. Elde or Mr
Thomas Dennet, it will
ciency will be madeg<'
proof of his ability ; aii* I. ,
ton's will be so too. As to Mr.
net, he hatli deoied that ever he
cocks, that if be would retur ;
pay the rest : being as^ketl, u
clared to any boily , that he ha«i ,
to Mr. tiiccockst he answered >
negattie, that he had not, no, lie w^t
had not; he was asked the i|uc^stinn
oyer. Btii il'niy iustni" ' •
shall prodtice three v^
lurdshijis, ibat Mr, Beuut t luciarixj uif *«■*
thing over and over again, and c«iDJn)OAtt(} f(
could not be a shp of bis memory.
Hr. SteeU called.
Scij. Prv^^n, J d«tire b« may iafbrai pt^
1181]
fi^ High Crhnes and Mi$dememort. A. D. 1725.
[1182
lordships, as to what reputation and character
Mr. Bennet was of, in point of fortaoe, when
he was adiniuH Master.
Steele, Which of the Bennetsf
Serj. Prob^n. Mr. Tho. Bennet.
Stee/e. It is near two years ago since Mr.
Tho. Bennet came to be admitted a Master in
Chancery ; hie was looked upon then to be a
paan of ^ood subsUnce and or good reputation ;
wmd since that he had married a lady of a good
Ibrtune, he made a good appearance in the
^orld, and was generally esteemed to be a man
«f substance.
Serj. Probyn. Did he keep bis coach ?
Steele. I ha?e heard so ; 1 don't know that
■f my own knowledge.
Mr. Plummer. Jiy lords, if the counsel hare
Ane, f desire to know what character Mr.
ttennel had as to his integ^rity, whether he was
■ccounted an honest man or no.
Steele. My lords, I nerer heard to the con*
knry in my hfe ; nor e?er knew any thing to
sfte contrary.
Mr. Walker sworn.
8eij. Prohyn. We desire that Mr. Walker
ApQl inform your lordships, what he knows of
cfliy proposal or agreement for the repayment
Wany money by Mr. Iliccocks.
Walker. My lords, Mr. Hiccocks, by order
Vthe Court of Chancery, was to be examined
rson interrogatories, whether he had paid oyer
1 the monies and securities of the suitors of
m^ Court of Chancery to his succchsor Mr.
nnet ? it having been allege<l by Mr. Bennet,
% tt he retaine<l out of them 7,500/. Mr. Hic-
ks did think (it to submit to the payment of
Mt money, to make so much eood to the
feitnrs of the Court, as the estate of Mr. Bennet
Muld profe defective in satisf^'ing, as appears
'the petition delivered by him, and the an-
ver to tlie |>etition.
Mr. Lutxcyche. Wc shall see that by the pe-
We desire thut the copy of the petition
••y be read; they are giving an account of
^fltteu evidence : 1 desire to abk, whether you
^i not concerned as clerk for Mr. Iliccocks ?
^ Walker. I am concerned for Mr. Hiccocks
^ his solicitor.
^ Mr. Lutwyche. Whether you had any au-
rity from Mr. Hiccocks to present that pe-
HI?
Walker, I had authority to present that pe-
Hr. Lutwyche. When did you present the {le-
f — Walker. About three or four days ago.
'Iferj. Ptngftly. We desire to see what the
Ifelilioii is. It hath been presented since the
^tet seal was in commission : read it«
(Mr. Walker reads it :]
^^ the Right Honourable the Lords Com-
nisaioners for the Custody of the Great
Seal of Great Britain, the Humble Peti- ,
TION of John Hiccocks, Esq. late one of .
of the Masters of this Court, I
that bjr an ocdar of tbt 99rd of i
Feb. hut, apoo the affidavit of ThomaiBennety
eaq. your petitk>Der*s auoceasor (who sworv
that the sum of 7,500/. part of the mooicf be«
longing to the soitors or this Court, did remaio
in your petitioner's bands, and was neFer paid
over to him,) it was ordered that yoar petitioner
should be examined upon interroffatoriet, whe-
ther all the monies, securities, and other effects,
belonging to the suitors of the Court, were de-
livered over by your petitioner to the said Tho-
mas Bennet, and whether vour petitioner kept
away any, and what part, by him.
" That interrogatories bare been accordingly
prepared, and your petitioner is ordered to put
m his examination, or stand committed.
<* That your petitioner, by reason of his in-
disposition, is not in a capacity to put in his
examination.
*< That though your petitioner did pay orer,
satisfy, and assign to the said Thomas Bennet,
all the monies, effects, and aecurities of the
suitors of the Court in vour petitioner's hands ;
and the said Thomas bennet hath given your
petitioner a receipt in full for the same, yet so
far as the estate of the said 'Thomas Bennet
shall fall short to satisfy the just demands of the
suitors of the Court, your petitioner is willing
to pay the sum of 7,500/. into Court, subject to
the order of the Court, so soon as your peti-
tioner can raise the same ; •and your peti-
tioner is willing to pay the sum of 2,000/. part
thereof, within ten days, and the residue thereof
within three months, so as the same (as between
your petitioner and the said Thomas Bennet)
may not be construed to extend to ease the said
Thomas Bennet's estate from beiug liable, '\m
the first place, to ans^^ the demands of the-
suitors of the Court ; but so as the same may
abide as a security toUnswer any deficiency of
the said Thomas Bennet's estate; and to the
end it may appear whether there will be any de- .
ficiency or not, that the real and personal estate
of the said Thomas Bennet may be forthwith
sold and disposed of; and in the first place ap-
plied to answtr tho demands of the suitors of
the Court ; and the ratlier, for that your peti-
tioner is informed the said Thomas Bennet
bath, pursuant to some order of this Court, by
recognizances, and other assurances, subjected
bis whole estate towards making good those
demands.
^\ Your petitioner, therefore, most humbly
prays your lordships, thkt upon payment into
Court of the suid 7,500/. on the terms aforesaid,
subject to the further order of the Court, all fur-
ther proceedings upon the said order, fur com-
pelling your p«*titioner to be examined upon in*
terrogatories may be stayed. And your peti«
tioner, &c."
[He reads the Order.] *• May 8, 1725.
<* Upon payment of 3,000/. into Court, and
giving security, such as Mr. Holford shall ap«
prove of, for payment of the further sum of
4,.'>00/. also into Court, in a month, both suns
to be subjoct to the farther order of the Court ;
lei all pcooeodiagB ibr the compeUingtho poii^
IISS]
10 GBOIGS I.
Trud of Ike Earl o/Macek^Utd.
turner to be emnined ufen tl» wterrofiloneB
iMibfc the ICiuler, be lUjHI. Heteof jfi?e do-
lice foflkwilb. •« J. Jiktlb, C. 8.
«« IL iUnioiiD, C. 8."
Seij. Pengelfy. I woald be glad to kDOvr,
whether we can rely upon thb as an authenlic
order. Did he examine it f
WMer. The original Petition and Answer
are in the Register's office, to draw op an
Mr. Lutwche, Is it a right, a true copy P
Walker. It is.
Mr. LutwDvche. Did yon examine it?
Walker. Yet, 1 did.
Cam, Serf. If it is not wholly immaterial to
examine into the circumstances of this gentle-
nian, I would ask, whether Mr. Hicoocks is a
person of ability, sufficient to make good this
•nmf
Walker, My lords^ I don't know the cir-
cumstances of Mr. Hiccocks, nor his riches. I
belieire he is able to do what he hath proposed.
I believe he hath paid the 3,000/. in money this
morning ; - he told me he would ; and he halh
proposed security for the remainder, 4,500/.
and I believe the security will be approved of.
Mr. Lutwyche If they hare done, I desire
he may be asked, How long ago it was since
Mr. Hiccocks was ordered to be examined upon
interroflfatories ?
Walker. I think the order is dated the 29th
of February.
Mr. Lutwpche. And how long is it ago since
thisproposaiwas made f
Walker. The Petition was presented the 8tl\
•f this instant May. /
Mr. Lutwyche. Wa^he Petition presented
before his examination? When was it an-
■wered P
ITa/ArfT. It was answered the 8th of May. It
was preferred a little while before. I believe
two or three days. There was an order, that
Mr. Hiccocks should put in his examination in
four days, or staud committed ; thereu|K>n this
Petition was presented.
Mr. Lutwycke. I think it was on payment of
to much money, and giving security for the
rest, that all proceedings were to stay. I don't
find Mr. Walker can say the money is paid, or
security given.
Walker. Mr. Hiccocks told me the 3,000/.
was paid, and I know he bath offered security
fbr the 4,500/.
Mr. Lutwycke, One or two securities P
Walker, I believe only sir John Duckworth.
Mr. lUchard Mogert sworn.
Seij. Probyn. I desire he may be asked, what
he knows of the payment of any money, or the
directing the payment of any money into
Court by Mr. Rogers, the late Master, in satis-
^icti<Mi of the de6cieocy of Mr. Kynaston.
Ryten. I did, my (ords, by the direction of
Mr. Rogers, the late Master, preier a Petition
aboot the latter end of April last, upon the S8th
•r g^th of April, to IIm oghi Imwmi
lords eomoaissioners, umd tbevdhv A
giveareeogBixaaoeto makegeoitst
of the Court any sum not exceeding
the estate of Mr. KyaaatoB ehaold p^
tive in answering the efltoa pf tie
the Court. The PeiitioB io
I beHeve they dencn to pay tlie aiea
Serf. Pro^n^ Have yoo the Petili
Mr. Luimpihe. U the order drawi
Bogen, The Petilmi ilKlf I ha
band.
[C/^/fc reads:]
«< To the Right Honourable the Lc
missioners for the Custody of the <
of Great Britain, The bumble
of WiLLUM RooBRS, coq. late o
Masters of the High Coucfc of Ct
<< Sheweth ; that, by an order mad
lordships the 80th of Jannary last, i
dered, that Mr. Kynaston, one of tb
of the said Court, who succeeded y
tioner, should, in a week, deposit th
26,908/. 111. 3(/.{ in the Bank of
(being the balance of the account o
and securities of and belonging to dive
of the said Court, paid into the hands c
Master Kynaston and your petitions
default thereof, that the said Mr. 1
should enter into a recognizance, in tb
of 63,817/. with two or more sureties, I
and pay the same as your lordsbif
direct.
** That the said Kynaston not bat
the said 96,908/. 11^;. 5d.i into the !
given securitv for the same, as the si
directed; and having before proposed
satisfaction of the said 26,908/. 111.
assign over a debt of 90,850/. owioi
from one De la Hay, for the benefit o
suitors ; it was by an order made by v
ships the 99t1i of January last, onfe
the said Master Kynaston should ass
De la Hay's debt to Mr. Holford, one
the Masters of the said Court, for
nefit of the said suitors, and should
own recognizance for the said 36,9(
Sd.^ in the penalty of 53 817/. And
so doinfT, the time for his performing
former order, should be enlarged to the
day following.
** That by another order made tb
February last, your lordships ordec
upon Mr. Kynaston's assigning of i
debt, and upon his signifying his cons
examined upon interrogatories for disc
all other his real and personal estate,
the same might be assigned and coo
the said Master Holford in trust for
suitors, the time for performing Um
order should be enlarged to the Wcdee
towiiig.
•* That pursuant to the said erdcr,
John Kynaston assigned oyer the w
Hay's diebt ; but the seme not hmgi
toaoifrertlieiMdnuB •f IMOILH
I185J
^T fflgh Crimes and Misdemeanors.
A.D. 1725.
[\\m
Vkbolac Pa^xtoot solicitor for, and on behalf of
ifus luilori of ihc" laid Conn, on the l^th of
iPi^ntary Usl, preferred his (jetitiao to vonr
lildiblpt Mltinj{^ forth iIn' »iLV^i-n] proceeffiiigii
lfbt%94iid; and UtAt it:)| Mr. Kynii!^
io's ftffidiivit, thai 61 ; 1 of the said
U/, llf. iid, \^ wa$ reutneil by your it^ti-
er, at the time your [*ctitioncr surrendered
lid iifhce to X\m aiud >Ir. Kynaston ; and
I the same still r«*roained in your |K?tihon€r*s
JMndt : it was therefore prayed, tlnit your (»e<
jttinner rxiif^hl forthwith pay the same for the
Lpeiit ot the aaid suitors^ or to «uch person ,
■ in iuch miuiaer as your lordships should
** That upoti hearinijr the said petitioner
\ the i3d of Krhruary lost, your lord«hrpB
pl«iaid to order your petitioner jihould he
vith fctpit tlv eiamined before Mr. HoU
^ ojit 'liters of tlii« (?ourl» ithether
bo in urttiea, and etfeciH^ belonging
he aaid smionr, were dt^lirered oTer by your
|lionerto the iaid Mr. Kynajrtun, and whe-
he k«pt tuiy, and what part thereof by
I That in puratiance of the la«t order, inier-
Itorieii have bet-u exhibited for the exu-
atioD of your petitioner ; iind Ih ca^e your
|ioner »hould put in his cxaminaiion tlteVeto^
'oybia not but it would a[>pe&r that your
r bath acial with ^^rcat juaiice towardu
Fitid Mr. Kynanton, uod thai Mr. Kyoas-
iou^hs to tiiiswcr und make t^^^^d the iai<l
[)/. to the auttors of the it:ii"l rnurt ; how-
jr, your petitioner bein^ u hat nny
if tli*j iluficiency In ti»t ut Ky-
- should be imputed to yonr pe»i*
t liie suitors oi the Court should
*f>ul 10 any expence or trouble, in making
fcjr further enquiry toochinjf the said (S^CJOoJ.
>«jr pHitiarK^r is willing (if your lordship*
II tliink fit) to ffive hivoi^n recojfnizanoe^ or
od and %u'
r one of (I
[ or perRoiu* ah your iri
swer and make gooil to
Dy s^t— rr"* -»•'•"-. !
ietr
of ^.i...,.,.. ...^
, which he wa« ordered
l»e upprov^d
Hurt^ to i^nch
' 11 direct
of I his
OS the
' 'n shull
.j^i \U,
to df'iiojitt in the
of Enp-Liiiil us nfnrexnid ; or if \{iiix lotd-
for the beneiii und $e.
'^K, tbjt your piMitioner
tp^tXXj/. I iitt» Court, your peiitiuoiT
' loiif ra such yum for the purpose
Kiirtii^ SI reasonable time allowed him
f^ii inme.
iierefon? at it \n not pretended
looer has paid and delivered
>ii K vimiton all the mnncy and se-
eJonifin^ to the auiturs oi thi^ Courts
t«rv in your petitioner's haudtat th«
mhmsk iic aurreiidrred his said offlct ta
Mr. Kynaiton, except the nttn of
' Petitiooer humbly prayayncif lord*
\ ht pWutd t» nak*iQ«h Ord«f in th«
XVI,
premiaes, as to your lordidiina shall seem meet } J
and that in the mean time all pruceedingv upoal
the said order of ihe 23d of Pehruary last, foH
escamining jour petit it loer upon inUnrt»gatone8||
may he stayed. And your Felitiooer, &<?," '
[The Clerk reads the Order,] Aitril 29.
•* Upon the petitioner's paying the sal4]
6,0O0i. inloCfiurt, subject to the farther Order 1
of tliitt Court, let all proct'edings upon the said ]
Ordrr of tlie '/.Id or Fehruary last, for tiJi-
mining' the petitioner upon inierro^^iitni it'S, l^ttj
stayed. Hereof give noiicc fortliwith.
*♦ JEtr ClLDEJlT, C. S.
*' K. Raymu!Hu, C. S/*
There was another Petiiioa preferred, but]
Defer aaawered.
'* To the Right H ouo arable the Lonl v <"
sioner* tor the Cuistody of the 1
of Great Britain*— The Uumbif' iiri-
TioN of VViLLUM HotiEas, esq. late otnij
oft lie 3 tasters of this Court.
*• Sheweth *, that Mr, Paxton, (in behalf \
the suitors o[»on Mr, Kynaston being 26,908(.l
1 1f* 3c/. J, deficient in his accounts to a nsAverl
the suitorti' monies in hii hands^) havioj^^by hill
I Vt it ion to your lordships, represented (intfA
uliti) tliat your petiiiouer, upon siurreoderingl
your petitioner** office to bfm» detained, and]
still hntlij iu his hiindsi the sutn of 6,tK)0/.
the said suitors^ money ; your lordships, uponj
hearingf the said Petition, on the 23rd ofl
February last, were pleased to order your r>ett-l
tiouer should be examined before Mr. Holror«!|l
otieof the Master* of this Court, whether aJil
the monies, securities, atid effects l>elcjnging ti»|
the said suitors, were dolirercd ^ovtrr by you
petitioner to the said Mr. Kymiaiton ?
*• That your petitioner, on the 29th day
April list, preferred the annexed Petition 1^1
your lordsl)ip!$ \ and your lords'hips M^t^yj
iliereu|K>n, pleased to make theUrderthereunt©]
iukiacribed.
'• That your petitioner is informed, the 1
Mr. Kytinston halh| pursunut to a fortni^r Ordfl
wf your lordsbip9, by rw^ogitizance and bs-|
KuranceSt stihiected VVis whole estate towards^
making good his said deficiency.
"That your petitioner, upim «urrendenn|
Itia oflTice, received from the said Mr. Kjnasiton
projier di«chftrgcg for all monies, Hecurities and
effect* of the said suitom, then in your peti*
tioner'^ handfl, which your petitioiur i« vtadj
lo priMluct! and prove : and the said Mr. Ky-
na)»t<m, frucn that time, never prrtrnded bu
that the ar. " ' ^ ' 1 tainc
A full nccf ' d se
cnritietiol "* mu- vwati .». ,iiurpe*
liiicmer's ^ ^ '^pt the sum of I Of. or
ihcreBboui*., .. .,.^.. >our petiltoner Wiit alwayt ^
nady to |>ay hiin» provided he would hav«
g^iven your petitioner an account whereto tht
said omission ur mistuke cooslsied ; and voqr
petitioner, npitt exaniination of hta toncberf,
found the tame tP tie true \ hut th« a^nl Mr, K y-
1187]
10 GEORGE I.
Trial of the Earl of Maedetfield,
[1188
naslon halb hilherto negrlected so to do, thouj^h
your petitioner hatb seui to biiii several times
tor that piirfiose.
** That jour |H'titioner, upon the terms men-
tioned in the annexed Petition, is willini; to
pay a ready obedience to your lordships' Order
thereupon ; and for that purpose, novv humbly
offers, in six da^'s time, to pay 2,0U0/. |)art of
the said 6,000/. into Court, subject to the far-
ther Order of the Court, so far as may be
necessary to make good any deficiency to the
suitors of the Court, which Mr. Kyuaston's
estate shall not be sufficient to answer.
** yVnd your petitioner humbly prays, he
may have a month's time to pay m the re-
niaininj^ 4,000/. (your {petitioner k^injr obli<fed
to i)orrow the same on his estate) and that all
proceeding's on the said ordcT of tlie 'i3d of
February last, ai^aiiist vour pi'titioner, may in
the mean time be stayed : and your petitioner
further humbly prays your lordships, that the
said Order, made by your lordships on the 20th
of April last, may be so far exptaiiiod, that
as between the said Mr. Kynastoii and your
|)etitioner, the same may not be construe<l to
extend to ease the said Mr. Kynabton's estate
from bein^ liable, in the first place, to answer
the demands of the suitors of the Court ; or, if
all, or any part of the said 6,000/. shall be ap-
plied for tliat purpose; that your |ietitiouvr
may then stand m tlie place of the suitors of the
Court, to have satisfaction out of the estate of
the said Mr. Kynastou, for all or so much of
the said 6,001^/. as shall be so applied ; and
that the said 6,000/. so to be deposited by your
petitioner, or any nart thereof, may notue ap-
plied towards maKinfj^ good the said Mr. Ky-
naston's deficiency, till af\er sale and disposal
of all the said Mr. Kyoaston's real and per-
sonal estate for that pur|K>tie. Aud your peti-
tioner shall ever pray, &c."
Serj. Pengelly, Is there any Order upon this?
Rogers. This was never answered.
Mr. Lntieyrhe. If they have done, I desire
he may be asked, if he hath given any notice
to the solicitor of the other side, of the Order on
the first petition ?
Rogers. I did acquaint Mr. Paxton, that 1
had such an Order ; but I did not serve it u^ion
him.
Com. Serj. I desire to ask you, Whetiier,
when you told Mr. Paxtou of* it, be insisted
upon a formal service ?
Rogers. Mc. Paxton said, Let it be done as
soon as possible.
Com. Serj. What answer did you give to Mr.
Puxton, when he desired it might be done as
soon as possible ?
Rogers, 1 told him, I was raising the money
by direction of Mr. liogers.
' Com. Setj. I ask you, If you had any direc-
tions from Mr. Rogers, for the payment of, or
tor raising the money 'f
Rogers. Yes, 1 bad. 1 believe it will be
Kid in a day or two. I can't directly say what
y. Such a turn is not immedUaefy raised.
Com. Serf, I desire be may be asked, \Vhc»
tber there is any reason to doubt of his ability
to raise the money ?
Rogers, 1 believe be ji able to give a scoh
rity ; but, as be lives iu the counlrv, be m
not be able at present to pay so much moaa,
but he is now in towu, and eudeavonriafi
raise the money.
Com, Serj, My lords, we beg leave to ol
two or three gentlemen, %vith respect to Xr.
Thomas Bennet, what he hatb said ; and ibt
be said be was able to pay all the rest of tk
money, if Mr. Hiceocks would pay S,O00iL
Mr. Holford called.
Serj. Frobyn, My lords, we beg leave k
begin with Mr. lloltord, and to ask Tiia. *fe'
tber he was not employed, or couceroeil »i
friend to Mr. Thomas Bennet, to go to Xr.
Iliccocks, and what proposaU he was tomb
to Mr. niccocks?
Uolford, Presently after the article wai^
livered iu by Mr. Thomas Bennet, relaiio; M
the money he said was iu the hands of permi
of ability and substance, to the judges aiiii|ft*
tiemen of the Bank, Mr. Bennet did wai a
me, to desire 1 would speak to Mr. HionKk^
that if he would pay him but 2,000/. be «odl
pay the remainder of ttie money. 1 diti i*
much care to undertake it ; but, npos s«flC
importnnity, I did go ujion tlie said mrsn^i
and it was tiiis, that he desired me to tell Ml
Hiceocks, that if he would pay him back 3,MML
he could or would take core that the re^tibntf
be paid, and Mr. Iliccocks should not betm*
bled about the remainder.
Serj. Probifti, I desire be may be isU
Whether he'kad any discourse with Mr.Tb*-
mas Bennet, concerning what passed bettta
him and Mr. Hiceocks F
Holford. 31r. Hiceocks told tiie
Mr*. Lutzcyche. That is no evidence.
Holford, J am only relatine theaosvcrb
returned to my message ; w hich w as, tliat &•
Bennet had given in that Article, and U«i(^
his name in question, without ever acqiuiiMf
him of it ; and therefore he would Devtf ki*
any thing to do with him. I did give hiulh^
answer, and never troubled myself spy fi0
about it.
Mr. Lutvjfche. I desire Mr. Hoironl aw'
recollect the time.
Holford. I believe it was the next dayifi'
be had c:iven in that Article.
Mr. Lutwyche. I think they call tbix «ilB*
to prove a contradiction iu Mr. Benmi. Vfj
Holford says, He said he was wilhug, lK«i<*
take care the rest should be paid. 1 dean ^
know, w hether he declared he had tlie BfliQ
to pay, the money in his own hands?
Holfoid. No, my loi-ds, I can'i say hclvl
me so.
£. of Mace, I desire to ask him, IfV
Bennet did not expressly tell him, I bat be**
able to pay the money: or if Mr. Hsl^
would have gone upon the errand, withoothMf
satisfied that he waa able to pay thea«My^
1 1 89 J fat High Cnmes and MUdemeanon,
\Mt*lfo*'d. 51 r. Hlccurks win my old ac*
•nre an*! frinul, I tin J nt>t intend to iJe-
^ bitit ; if I iiui) ni>l betic'veil ivlmt Mr.
t SAtil tfi tie tniL', aticl iIiai Ut* coiiM ii»;ike
rhat lie at that time simu rnc tf» i)i»?ii"e
liccocksliijircqii, t urMil-l not have tforie
F^it ifrriiuil lo lilm
A. U. 1725*
(1190
Mr. ThurUy*n Lijj*ni.
f8erj, Proh^n. Hfy lords, w<* il4>sire Mr.
itumtuii tnnv tiirorm ^'our loriUtiips, whul h<;
dill li«*aril ^Ir. ThutiHin Brnrii-t sjiy» in rrk*
I to Mr, Hiccocki<» abuut tii» i^&ymg; ^ack
Thunton. I ila rememb^^r Mr, Thomas Ben-
lahl mr, siiitl I think I was fheii Mining in
'' ntficK, lltat it Hit!C»ckH, (»^ J ibitik
, lu w»<) woiiM |»fty bimluick ?,0(X>r
k^kc up the 1<^^t lnini£i*{r«
lljerj. PrabifH. 1 ifenirc ^Ir. Thurston to eJC-
* ^ilitiiddt, whethtf he t;ipii^tt«fil himst'M' io
KiiutT that Mr. Thuratoti aj|i|irebeii(le4)
t ohle to <]o it ?
%unton. \ raiiH sucar ciilicafly to th(^ lait
rtls, ihiil be i^oubJ ms^ki' up llie rest him-
tlf; but he fipdke m such words, that I un-
Btood be meant 6o ; that was the si*use of
use words, us I bave delivered it aow to your
j!»hip%.
I Berf. Pmht/n. Had yoti any dUcotirse at atty
ytcr time wuh Mr, Thoma& U^'niict nbmu it j^
Thurston^ i ladieve 1 liiid some discourse
|ilh Mr. ThomuM Beom^t at anoiher time;
-' "I biui, why he would not pay in ai
bad undeWakeUf if Mr. liiccocka
, , .i;ii a^OOOLr' The ri'plv he gave ine
9, AW he hftd in the world woufil nut doit*
Serj. Prvbyu. I desire ht* mov be asked, if
^ had any diicourxe with Mr, iliorons Bfn-
l it any time, about his uhility to pay ibis
Niey, i*r wbeiher be woji able to {imy it ?
iThuriton, 1 had no discourse with Mr, Tho-
Brimct directly, of bis abUity to pay in
t tuiujey, when ibese sccAmfii* were calltMl
hut i dfi retn<*ndifr^ti| ;m i^ lime, be
t talkin>{ id' tliccockfi's i> wi money
way of rttainer i expiaiiini^ i^ie reasuQ*
he paid for the place tiiai he bought of
ccockn out of the suitiufi* money, tliat
^he most cum pendioui methi>d ot doitii^
"^rase, and prevented tbe irouhte of mort-
> bistfKtattr.
. Prvh^n* Did he say aov thing in eaae
> I ] whether be should leave tuttidtui
I r"
Vkartian. He said at that lime, if be died,
would he esiote sufficient to answer it ;
ilur9 be had the le«s occasion to trouble
tif 141 rmiie tlie (iiani^y, but to pay ii in the
if ' ' ' M' i ait!*!,
w him, If Mr.
t r\pi}uiif^o lit mm in u iiai manner the
' was to be raised to mike gtiod the deti*
art ii^ii. He did not at all ejtplam to me
be «t«» tu rs«*e il.
, Plimmtr* I deairt ta lak you more par*
tii'ularly. Whether be mentioned to have in-
stirfd any money upon hi:* UfeP
ThHr%ton. Not ai ttiHt lime» as 1 rememlK-r ;
1 have beard bun at (Uber tiiites tnlk of iuxuring
money on his life.
Srrj, Pfjti^tdt/. When was the first trme that
>lr, HMjnet lold you, ihut rf Mr. Htc^-ocks
would pay htm *i,600^ be would make up the
rest bimaelf ?
Thurston, My lords, 1 cau*t remeniher dig*
tinctly the time, never hntini^ imagined 1
>»hould he catlfd upon to ri'pt*at il on this occa-
sion ; btii it tniiht neccs^sarily he after the ao*
compts were g'iven in before the judgt-s. I
can*t exactly remember the timei or day^ or
uevk.
Mr. Etde calleil again.
Seij. Prvhun. My lords, wedL-isire that Mr.
£1de mny itifurm your lordnlupK^ witat dia-
courKe he had with Mr. Beniiet, in idntion to
the money in Mr. IIiccock&'$ hands?
Eide, iSome small time alter 1 bad given in
my accontpt, 1 siiw Mr, Benn« t ; and he came
up to me and said. That it wiis hard that be
could not havf any money from Mr. Hiccockt.
He said, if he would pay him 2,000/, he would,
or could pay the reat. I do not remember
which.
Ser}. Proitf/n. Wlietber be ihiok* he nii^lit
have been ahic to pay it, if he hud thought Ht.^
EUe. I know nuibing^ of Mr Benuei's cir-
ciitiistancf's ; i am iks liUle actpiatuted with
him, US with any I must neces«urdy have cor«
rei^pondencc viitU.
Serj. ProbiiH. My lords, we shall not trouble
your lordships xiith any lartber evidence on the
Ittb Article^ in which ^e think we have suffi*
ciently contradicted Mr. Tliumas Bennet, us to
the cnurij^e be balh made on the nohle lord.
As to the IQih Article, tlial principally ndati-a
to that part, thai the purchaae' money was paid
uut of the suitors* money ; that is a fuct that
lies upon the ^entWraen of the House of Com-
mons to prove : it is impossible for us to prove
a nefifuiive, they are to prove the affirmAtive,
and Ibey ha^e not attempted to provr it by any
witoe», hut by Mr. TlMimav Ben net : now this
bein^ a fact that reMts ruUrely upon Mr. lien-
net** evidence, we submit, whether your h»rd»
ships can brlieve any thin^ upon ttte credit of
his testimony f
Cow. Strj, My lords, We humbly apprehend
the gentlen»en ol the llou^ (>f Commons, by
joifiiujf tltese two Article* toireth<!r,did it as if they
were there the saiue, and did depend u)h>ii one
another : W^i uidcsif the matter ni the 1 lib Ar*
tide be estabtished, vibat was done ou tlie 12tl
will be of no i^rrat significaocj ; lor if peraon
of i^oud ability, who are responsible iiud t^t to '
anitwer the money that coiner to ihck haudSy
tie admitted to be'Masters, it is not very mate-
rial tf licther the forms of iratisierrm|{ in like
trausactioui of that nature are strictly pucaued
Or no ; because the iK^rs on heiiiy tumiSieDt and
reepouiibJe, wdl anvwar ihM mon^jf fbat is av
dctaiued. 1 choose to caU iheia fuiuMi^ 1^%
1
1191]
10 GEORGE I.
Trial of the Earl ofMaedeMfidd^
[1193
with submissioD, if we examine them, they are
forms, and iiothingf else : whether they take
all the money from the preceding^ Matter, or re-
place with the successors' own money what is
detained by the predecessor, it comes to the self
same thinic, and are only different forms or
methods of pay ment. Upon the w hole, we ap-
prehend, we have established our answer to the
11th Article; we think the other followa of
course ; and that there is no necessity to give
TOur lorilships any farther trouble on this head ;
but that the noble Earl will stand clear as to
any accusation on these two Articles.
Then all persons concerned in the Impeach-
ment, were directed to withdraw ,and then the
House adjourned to teu o'clock tSe nest
murninjj^.
The Seventh Day.
Friday f May 14.
The Lords being* seated in their House, the
Serjeant at arms made proclamation for silence ;
as also another proclamation, that all persons
concerned were to take notice, that Thomas earl
of Macclesfield now stood upon his Trial ; and
they might come forth in order to make good<
the Charge.
L. C. J. King, Mr. Serjeant Probyn, you
may go on.
Mr. Strange. My lords, we who are counsel
for the noble Earl within the bar, beg leave to
proceed to his Defence against the 13th and 14th
Articles of the Commons' Charge.
My lords, the facts contained in these two
Articles, are laid to be done with a view of con-
cealing a deficiency, that had happened in the
office of Mr. Dormer, a Master of the Court ;
upon whose failure it is charged, that there was
a total neglpot, either to secure his person or
effects, or to enter into any enquiry into (he de-
ficiency : and that although the state of tltifi af
fair wns fully known totheearl!of Mace I'sfield,
yet a declaration was afterwards made in ojien
Court, that Mr. Dormer was only gone into the
country to take the air ; that he would return
again in a little while, and all would be well :
and that in farther prosecution of this endeavour
to conceal the deticiency in Dormer's offices, a
precarious and trifling en n position was ma<ie
with a creditor of Mr. Dormer's ; a*id this
wuhout an V notice to the suitors of the Court.
My lords, I shall, for mv p»rt. confine my-
self at present to these two Artii Icsonly, reserv-
iuv: any thing I may have to offer in general
to the 'close of the defence ; but before I pro-
ceed to obderve upon the evidence brought to
support the Charge foiitained in these two Ar-
ticles, it will be prop«*r to take notice to your
lordshipK, that tiie honours b e Maiiagers for the
House of C'kiurnons, have not offered oof tittle
of pifiiif, as t < the declaration pretended to he
madt*. relating to Mr. Dormer's being gf»ne to
take the air, though they were pleased to eularg«
upon it in tlieir opening; but we have the
I satisfactioD to know, that we are before your
loi-dship«, who are incapable of meiving aay
impressions from facts that are barely opeao^
and not proved ; and therefore we rat asserdl
that ilo weight will be laid upon thia Girc«»
stance, since no evidtnoe haa been prodncfda
support of this part of the Cbai^.
My lords, as to the other onatteri oontaiiri
in these Articles, we humbly hope to rive jw
lordships abundant satisfactioD* in Ae itUt
Earl's behaviour on that occaaion ; that all ihi
proper steps were taken to aecure die intercitrf
the suitors ; and that, if there atill remains a^
deficiency, it is not to be imputed to any negM
of the noMe Earl within the bar.
Yonr lordships were pleaaed to observe^ a
the course of the evidence prodoeed by ik
honourable Managera for the Hooee of 0^
mons, that Mr. Dormer's fiulore bapMirf
about Christmas 1790. My lorda, it wa. ihg
that time that Mr. Wilson, who had brg^cftci
of Mr. Dormer's in hit hands, atopped pajBMl}
which unfortunately obliged Mr. Dormer, «itb>
out the knowledge nrsuapieion of any OM,a
retire himself to Holland ; and aiMMi dm,
notice was given of it to Mr. Cottinflrfaam, afci
immediately acquainted the e#rl of Macd»
field with it.
Upon thift, my lords, no time was lest; fii
the two senior Blasters, Mr. Hiceoeka and Hr.
Rogers, were appointed to enquire into Mr.
Dormer's affairs : his chambers wen amwbti ;
the transfer of any stock in the pnblie fmk
wa& stopped ; and all emlearours used le its'
cure a full satisfaction for the suitors ofm
Court: hut, my lords, though these mdM
were very proper to prevent the embecsliBrif
Mr. Dormer's efTecla, yet jk our kirdshi|«w3
readily |>erceive, that no ste|is, that oooU h
taken whilst Mr. Dormer was on the others^
* of the water, could be in any degree cfbcttd
totvard^ the payment of his debts.
And therefore, my lords, it was, that o^*
proposal of Mr. Dormer's, to come over sot) dji*
cover his effects for the benefit of the suiimfiii
case he might be assured of his liberty, soil ad
to be leA to die in a gaol in his o(d a<e(ii
himself expreMPs it), the noble Earl wiibioik
bar was prevailed upon to give him those SM-
ranees ; but upon condition, that he made a tfi
discovery, and assigned over all he had.
Suppose, my lords, the proposal had not bM
complied with, would the suitors have bH>siB
a better conda ion than they now are io? TV
person of Mr. Dormer was out of reach; tki
stock could not he ii'ansferred without bis pt-
sence or consent, nor «%ere there any meaus >
procure it under these cirrumstonces, witbid
some compliance on the side of the noble Eid'
To sav, mv lor:l8(and it was only said,) that Dt
Eddishurv s person was secured, is in my ba0*
biy Rppr»liensi«io, an arifument of noesifkl
in thn cmae, since it does not appear, ibai bi
wa.s out ot the nach of the Court brfiHebii
f.iilui.", and, I am penNiaded« the giuth—
«»iio mentioned this inttanre, don't drMtt
hare it thought, thai tiMMble IvdyVbi *i
1 193]
far High Crdkeii and Mitdetneanort,
A. D. 1725.
[1194
|ir«!«i<lF(l^ WM capttblo of i^ great a breach of
toith, m lo iJeprive him of hit ltb«rly Af\er a
protniitetfl ibecontrmry : it iniiftt bcsubuiittcd.
^ " liwn to your lor{Jihi[>8, whether the coia-
l|^ a man in th«* power of the Couri, was •
lent that ct'uttJ be toitowed io Uie Cftfte of
r. Donuer.
My lunt«i to Aiiish this piirt of the defence
not iwcitriR^ the person of IVlr. Dormrr, I
mil beg loAve outy to observe, thut though it
illr^ed io the Articles, autl was inaistctl on
the op^niog ftml HUiuoiirig up, Uiat fipiilica-
m was made to th« earl of IVUcclesAeld for
purpose, yel the honourable IVfanager^
»r(fot to call any witnestces to the proof of
ilmt particular i u hich must therefore rest
tbedeniHl in tho Answer of the ooblc EarL
'My lonU, it was insisted u|>on, that Mr
had not complied with his own pro*
] in discoverinf? and- d€liferii>g op his own
!t»t »f"* ''"^ ''•"• '»'irp09e a wilnes* was
llcfl to V t'thipa of % very |rreat
liicuvery I; >moe made of a ipiaO'
of hofM, that bcUmged to Mr. Dormer:
our lordshi|i« remtmber how v«ry lamely
were proved to belon^r to Mr. Llirmier, and
reaaonabk an account was i^iTen of their
mg kept to kNi&r in boj^M of a Getter market.
y lordi, wo aball not presume to entertain
your tordidjip^ with any counter-proof of such
a trifling evidence (a* a learned Mnnn^cr was
* to call it), out beg' leaTt lo infer from
.licaoo, that it is ovidt^nt a more than ordinary
wai taken in lookinfj: aftt^r i>]r. Dormer's
Is, itnce af^er lour years, which have pHst
the time of assi^ning^ his ^t^ite, a few
lusiy hups are uH ihi&t ar<: diicovereiL
My lordjt^ wo hiunhlv hope to make it fully
ppeartoyOMr . th:U the cou»plyinj;
ilh Mr, Doi II ^ H|toiiat was the only
te4n« to pracurfr any iiutt«fQCtion : 11 ail not
||Mr Dormer been induced to c(»me over, his
^ks and Hccouuls would never have appeared :
ind had he died ttbroad, as he tlid soon aOer
^limine h^>mr, I am persuaded the defi-
iencv would huve bfirn mtich (greater : And if
r ' ry of his effects was not made
)«' I'r, 1 apprehend there is no fuun
ioii uj iiriirve, afier the hojw are laid out of
Oftse), the same will op|»ear to he ovi in^'
\u ,i«,«H which happened io a short time
ownrd* .
Dcwsiire: the ^
Kt'ri^rnl ktPritt tli:kt twi*rn ftitri'r
' (luld not he searched ;
■ "* entered in the book$
iiiiJNi OiM* coidd Lockman
^t expevzting any tuore out
: Mr. Dormer, without mskio;;
111 fivinif pt^ipk' notice: And,
if out these factt,
«t will Hiand ac
ret I thi' «»tulc uf
of \Uf 3ftnitor«4 ;
Mr Mr.;; ui li.r cirCUUiStAOCseS of
fhtlflck the WLnesi and propenoilocnine
f rfinlit THi
nhl
to secure as ample a sattsfaetiun for the siiiton,
as it was in his power to do.
My lordii, the 14th Artiele, relating to tho
composition with Wilson, will ijit e me no oc*
casion to tiikeup much of yourlordsbipi' time.
Ilia called n precarious and tricing composi-
tion, and was agg^ravated in the opening , and
j»o, of course, in the summing up, by a matter
which they faile<i in the proof of, thst Wilsoa
was ^ulFerfd to com po unit this debt, though be
paid others their whole df!mand with inter^t
My lords, the ^vitnesa, ivho was called to piore
this, did by no meiin^ come un to what waa
opened : He did indeed say, tnat he was in-
formed^ that Wilson had paid soma person*
their whole debt ; but he at the same time ac*
ijnninled your lordships, that fhe^e were smaU
debts ; and that he did not nay thrm out of bts
own effects, but from a supply administered by a
friend, only to give him a credit at his aetimg
op again ^ and the unfortunate end of tbit
man (of which J am jost now infonned) is an
unanswerable proof of bis inability to pay the
whole-
My lords, at a farther argnmetit to nro%e
the reasonableness of this com position , I beg
leave to appeal to another part of the evidence
produced on this Article by the Mdnagers of
the House' of Commons ; whereby it ap-
[leared, that Mr. Wilson's books were perused
by two Masters, and himself was put upon his
oath ; and that he swore, the composiiiun be
then offered, was all he was then able to ra.'tke ;
which i humbly submit to )our lordslfijia at
an answer to what an honourable M<inager was
ple»»fd to object, when he nivii^t* -i ffiat there
ought to hare liecn a cot -1 bank-
ru|itcy against >Vilson» iho« ' hi* electa
mipht have been disci>fered upon oath*
My lords there were many other creditors
of Mr. Wil*on*s, besides Mr, Dormer, wbo
might have applied for n cornniiNSifm of haak-
rupicy, if it would have been for tlieir ad-
vantage; but, as eiery bodv is acquainted
with till* great expeoce and delay ot such a
procedure, 1 believe they will l»e thought to
have taken the \^ itsi? : Here was all
the benefit of a n, liy the putting.
\\ i' r - , t , ami none of the eypencc
uu il Hueh an etiq liry.
»♦..
''T»f'aed anil
lof» 1
ilk ^ Il
proved, is, thati at thr i
Pin|lti-r i« iiit uiiti Wil--
Lie, my lordB, h^ wm Mrr-
lon^ and <«scaf»rd ; fcat U wa
make 11 appear io >uur IordaMt«,
time ol the coiupO«iitiim br \
and not suM|>ected, 1 bumMf htfi^,
li»4 happened Kobaeqoafli < ^
will be no inf redai«4 i^ ahewtf il
heed n trifliOg a
of milking it.
My k)rda,ll
ple^ised ID
been in a I
1195}
10 G£OHG£ I.
Trial of the Earl ofMacckxfield,
[1196
•hewn your lordihips, that if part of the debt
had not been taken, the whole might ha? e been
obtained, I must confess, there would have been
some reason to have called this a trifling com-
position ; but since nothing of that nature has
been attempted, 1 must submit the whole trans-
action upon whtLi I have already offered, to
have been a transaction most for tne advantage
of the suitors, considerinjgf the circumstances
that attended this compositiou.
My lords, au honourable Manager who spoke
second upon this Article, was pleased to say.
That by this composition the suitors were tied
down to a certain loss of half their demand.
My lords, 1 humbly apprehend the conse-
quence to be directly otherwise; and that the
suitors are not tie<l uown at all : As they were
no parties to the composition, they were not
bound by it ; nor is Mr. Wilson, by this com-
position, in any degree discharged as to the
suitors of the court ; so that if Wilson be able
to pay the whole, he is still as liable to the de-
mands of the suitors, as if this composition had
not been made ; and if this be so, it will be to
the advantage of the suitors, that they had no
notice, which, however, I apprehend was in
the nature of the thmg impracticable.
My lords, it was insisted upon, that the pe-
titions, and orders, and reports on this occasion
were in an unusual and clandestine manner ;
and a certificate has been read to your lord-
ships to prove, that they were never filed and
registerecl, as is usual in other cases: But do
they, ny lords, pretend to say, that this was by
the order, or with the privity of the earl of
Macclesfield? The business of a Chancellor is
to make orders ; but I never yet heard it was
his duty to see them drawn up and registered ;
and therefore if there was any thing unusual in
this, it is not to be imputed to the n^lect of
the noble Earl, unless that it was proved to
have been by his express direction.
My lords, it has already appeared, that this
composition, and the proceednigs upon it, did
not proceed from the nuble Earl ; but were pro-
{tosed to him ; Mr. Edwards did acquaint your
ordships, that it was himself, who nrst propos-
ed it to the Earl, after having advised with
Mr. Hiccocks, who put him into that method.
This, my lords, is the nature of our defence
against the 13th and A4th Articles of the Com-
mons' Charge : We humbly hope the several
steps that were taken, will appear to have been
for the benefit and advantage of the suitors,
and with no other view, than the securing them
their whole demand ; that the com|)08ition so
much complained of, was given into only as
means towards the attaining that end, and could
in no event be prejudicial to the suitors of the
Court, as the gentlemen of the House of Com-
mons would represent it to your lordships.
Mr. Dormer Parkhunt sworn.
Serj. Prvbyn, My lords, we desire Mr. Pkric*
hurst may l>e asked, what conversation passed
between him and Air. Dormer prevMiia to bis
going abroad, and upon what oocasion be was
oblifiied to go abroad f
Parkhunt, Mr. Dormer came to me about
the latter end of November, 1790, at my cham-
bers. I had then somebody else with me;
upon that account he said nothing to me, bat
desired I would come next naommg early ts
him. I went, and when I came to him (he
lived tlien in chambers in Lfinooki's-inn), he
shut the door, and told me, he had a thing «f
great importance to commdnicate to me in re-
lation to himself; and then told me, be de-
signed to go abroad : He said Mr. Wilson, hii
goldsmith, the day before had been with bis
(this was on a Sunday morning, and he ka4
been with him the Saturday before) mi
bad acquainted him, that the Monday fol-
lowing he should be obliged to shut up sliofi.
and stop payment: He had a great deal if
money in Lis hands, and he was afraid, that at
soon as it was known, that Mr. Wilson wu
unable to pay, the solicitors, and practisers be-
longing to the Court, who knew be kept Mr.
Dormer's cash, would immediately be alarmed;
and that application would be made thereon to
my Iiord Chancellor ; and he believed, that the
first thing to be done, in relation to himself, wooU
be to confine him ; and that there woukl be so
order for his being committed ; and there fun^
to prevent tliat (for he could not live a mtfk
without air and liberty), he was' resolved to
witlidraw himself, and retire to some place or
other. Upon this, 1 expressed a great deal of
concern, and endeavoured to persuade bin
against it : I desired him to make his circom-
stances known to my Lord Chancellor and tbs
Masters : He said No ; he was sure the oooie-
quence would be his confinement, and wai
come to a determination with himself to secure
his person ; his uneasiness was from the feir
that he should he confineil ; hut he would If ift
every thing fairly behind him, and hereafter
come over and obey any order from my LvH
Chancellor; but the first thing he would do,
he was resolved to withdraw, to secure himsdf
from being confined.
Seij. Probyn. What happened aAer he wis
gone abroad ; and what notice was taken of it?
Parkhunt. In a little time alter this, I un-
derstood he had put his resolution in execution,
and had withdrawn himself. He had desired
me, that I should not mention it to any body ;
and gave out by his clerk, that he was gone
into the country. I did, afler this, in ahoot
three weeks, receive a letter from him, that bs
was then at Rotterdam ; and there was a letter
inclosed, which he desired me to shew to sons
of the Masters. 1 think 1 shewed it to Mr.
Rogers ; ailerwards, according to his directioos
in the letter to mc, I carried it to^Mr. Cutting-
ham. It was directed to Mr. Cottingham, who
was then secretary to my Lord Chancellor: I
carried the letter to him, and left it with him.
Serj. Prohjfn. If you can, recollect what
were the particulars of that letter, tlie oooicflM
of it, relating to any terms of his ceming over
•gain. '
J'nr High Cfimes and Misdemeanors*
Purkhunt, It is a grrat wliilp ag^o ; I liaTi*
l»ul a fkint rcfuiombrmiice cif ii ; but 1 think it
ikM iiiuch in lUr *»!ime [lurpofse %¥\\\% i^ltnt he
Communicati'd to me iit fuM, ftt'tcrr lir had «c-
iiiJutrd me miUi the unhap|i)- ofT^iir, a^ hath
lecn nii^itttotietL lie s^ttl he hatl a g^rcal sum
f niimi*y in Mr. \\ iKtmS hauits ; unJ when
e founii IVtiMin itimhle lo (laVt t>e was ap-
rcliPRsi^ e of on immmhatc confinement, which
e I'oiild not poisibly bear ; ihcri'tbre lie had
iviUidrawn hitiisdf ; hut that he Urni left hiR
ivn e4tal4! entire hehitid hliiii atid tverv thincf
iting'tothe suitui-^; and lie *vas wiUing to
iiTcr to pive an account of thetlate of llie
\ nnd ot his oMrn estate; and he wa« will-
inif !<♦ rnjike <ivtiv all his own estate, to answer
the dettitiency of the otTu'Cp a& far as li \ioidd
|fO ; and to do every things the Court shoulil
think fit to order Ijim, pruvided he niiy^ht have
his hbcrty lioih before and afier: He desireit
I faa mi|k(ht not l»e conHtbtsd, and he ivouid do
i|B« very thing* thai the Couii woutd order hiRi to
H«Jo, or should be desired of hitn, as much as if
Hjie was confined.
w^ Herj. Pro^n. We dimrt he may be asked,
■ if he knew how it wan that Mr, VViUon came
to have io much of Mr. Dormer's effects io lus
hands, and u(»on nhat account?
i'urkhurht, I did uot know, till this aifair
hapii
had
ti<4?i! i.. ;,.^ ..1. . Vx ..
IVJtson hatl cash ot I
ward^t by uav of jm
lo^ng HO uiucu money,
tn unhicky aet i hut, he
iti|f, what money he
4^ lo Mr* Dormer. 1
iii« Inm ; I knew Mr,
;mtU ; hut nfier-
I 4>r himself^ for
i say it was
Mierabtesmii
l^f money paid inlohiji hauiU, iiy ordur of Courts
* a oorsiiJu'uMe sum« Hhich came in njion
the tand-tix, and he did not know at that time,
i%h.it to lay ii out in ; the atm^kv were so hi;;h
Lftnd [M ccarioufi, he would not buy any ; and he
llhou|j[:ht WiUon's bands ns safe a idace as any
Iftlthut time^ he could nut keep a by him in
lliiH c^iHUiWrk, and he utit (;oin^ into the
Icouiiti V hir three or four netk*» ; amJ whrn he
paw thuicTi ^ere settled, then he would ky it
|t»ut : tSut when he cn'T«»^ > >■*' y ir^ tr^i. n i>». louud
Irr Wdfiu in the < i ince«.
iThoi v*ui» afU'p he I : ! \ II' itd, I
knew nothin.; belorc ot this, nor tliat be had
Tuny ^real suui of moniy in hi^ hands*
iii-rj, Pr^ttitn, tie Sdttli th U he did propose
ibut he v^oultl come over and tmike a diiicovery
' nf, and deliver up hi«i etfecla, in caiie his pet sou
I Mrn««>d ; n4>w I fle«tre he Utay reoollet.t,
^1 ' ir oUfT, if he knew of any
I V. \i%u eflVcta; and ^vlie^hrr
iy iinn;^Mii UJH ciiUiiibtiN \siiii lakcTi care of,
bud by u horn 7
Parkhnnt, I nui nwt 1 ' *-■-*"' f • ;
kjil is Mr. Uoij:ers^ a ^
C4me tu meooL* inomuji;, ..,. - v,l. ,;.* , .i,.,;n
Ithi? act ouni of being a relation ^ Tor I was uo
\^\\m
A. ihru I
iiM
• 1(1
remember we did find several things, several
Iand*tii3c tallies which Mr. Rru^put ir;np an ac-
count of. 1 don't know wh -i J>er was,
*»erj, Probyn, Who took p' of them /
Parktmrtt, Mr. lingers, the Master ir
Chanccrv-
fcterj. Prohyn. By whose directions did you
understand that Mr* Rogers took this care 'f
Pnrkhurtt, I understood it was by the di-
rection o( xhc Court, fie came to me, and de*
»ired me to ifo a I on if with him to see that no
{lerson meduled with any thih;tr but what be*
ontfed to the suitors ; and he took them and
lockeil them up in his clofet or scrutore.
Serj, Pn)tyiu My lord«, we have done wiili
this evidence.
Mr. Plummer. I think he says, the reason
of Mr. Dormer's having so much uuniey in ihe
hands of Mr, Wilson, was, iliat there was a
g-reai sum of money come in U|>on the land*
tax: 1 desire to know, if .*ltr. Dormer lefl thts
inooey dead in the hands of Mr. Wilson, or if
he had any interest ibr it ?
Piirkhunt. 1 know nothiniif of ihat. Bj
way of justiiication, he said, it wa» unlucky he
had so oiuch money paid into his hands ai thai
time ; times were so precarious , he did uot
know how to lav it out.
Serj. Peng. I desire he may be asked, wlie*
Iher Mr. Wilson did uot usually keep Mr.
Dormer's cash t and the eash of the otHce ?
Parkhurit. 1 believe lie did, 1 knew but few
inittances of it.
*Vrj, Pcngelitf. Whether he never beard bim
dcctwe that Mr. Wil^fin paid him interest?
Purkhurst, I never heard him declare he
did : he never apoke to me about it parlicu-
liiily.
Mr. Lutwjfche, I desire he may be asked.
Whether he can iulbrm your lordships, how
lonif Mr. WiUou had been bouker to Mr.
Dormer ?
ParkhurU, I Can't tay exactly how lon;r : [
beheve some years.
Cum. S^j, MlUe grenllemco have done with
this vvttoess, we be^ iea^e to call another, to
prove what care wu* ukcn to atop those etfectf
that \% ere in the public funds.
Mr, Joha Hip hirutont Mworn,
Com, Say, My lords, we desire that Mr.
Elphinslone may iulbrm ytnir lorilshi|i«, what
he knows of any ortlerftor directions given, m
relation lo the etfects of Mr. Dormer that were
tn the public funds, aud by whoiu those direc*
tiotiH were given ?
Eiuhinstone. 'hly lords, I hate been lo
search the books ot the Bank, the South *8ea,
Mild Ea»t'fniliH Coiiipauies^ to see what stock
FleetWfrtnl Dormer, enq. onccdlhe Masters of
the Court of ('hancer^, hud in the l^ooks of
those Comj)auie^, and w hat ontt^i^ ihere were
Ibr stoppritii; Mr. Dorm«^r's tran^iff'rrin^ such
MUick. My lurdM, 1 WLiii tir^t toth* Ilnnk anil
I
i
J a book of that Comp
r, where Mr, Uoimer'a
) a
itiii^ of I hat uatuie UeWiiKuig iti th« otf&oe. I utaied by way of debliir and creditor. I Ibuni
1199]
10 GEORGE L
Trial of the Earl of Maceleffidd,
[ISOO
in that book, a memorandum written orer Mr.
Dormer*! accompt in reil letter*, as fulluws :
**Q. NoTranifer." I likewise enquireil, if
there were any onlert with the Court of Chan-
cery, for stoppingf the transfer of such stock f
1 was told by tlie clerk, that he knew of none.
I enquired of the clerk at the Transfer -othce,
if there was any order of the Court of Chan-
cery, « tor transferring^ Mr. Dormer's stock to
IVIr. £d wards, the succeeding Master ? After
some search, he brought me an original order,
signed Parker, C. dated 11 July, 1791. I have
a copy of that order in my hand, whereby it
appears, that all the stock and annuities, in the
name of Mr. Dormer, were ordered to be
transferred to Mr. fiilwanls, on the 19th of
July 1791, viz. the day atler the date of the
said order. I found in the transfer book of
that company the sum of 3,393/. 16i. trans-
ferred by Mr. Dormer to Mr. Edwards, and
Mr. Edwards's acceptance of the same. This
is a copy of the original order. I afterwards
went to the South -Sea House ; I searched the
book of that company, and in the book marked
letter D. N^. e, fol. 430, where Mr. Dormer's
acconiut is stated by way of debtor and cre-
ditor, 1 found a Memorandum over Mr. Dor-
mer's accompt, which it as follows ; ** Stock
hot to be transferred without order from the
Court of Directors (he being failed,) or from
the Court of Chancery." 1 also searched the
transfer- book of the said company ; and I
found in book N**. 5, page 86, that on the 19th
day of July, 1721, 9,951/. 14f. South-Sea
stock was transferred by Mr. Dormer to Mr.
Edwards, and under the transfer I saw Mr.
Edwards's acceptance; Mr. Uormer signed
the transfer, and Mr. Edwards signed the ac-
ceptance. I enquired if there were any orders
for stopping Mr. Dormer's stock from being
transferred. I found no such order, nor any
order for transferring the stock that was trans-
ferred ; and the reasiin which the clerk of that
office gave, was. That upon the unhappy turn
of the affairs of that comi»any, several of the
clerks being discharged, and many books and
papers being destroyed, lost, or mislaid, and
the rest in the utmost confusion, rendered it
impossible to find any such p:iper at this dis-
tance of time. I went likewise to the East-
' India Company ; but 1 could not 6nd upon
those books any stock belonging to Mr. Uormer,
or that he hati any interest in that company.
Mr. Strange, I beg leave to take notice of
one thing he says, relating to the words ex-
pressly entered in one Ledger- book ; it stands
that Mr. Dormer should not transfer any stock,
he l»eing failed.
Elphintione. Yes, the Memorandum en-
tered in the South -Sea Ledger-book is as fol-
lows: ** Stock not to be transferred without
order from the Court of Directors (he bring |
fiuled), or Court of Chancery," the words,
«< he being failed," are in a parenthesis, and
then follow the words, <* or Courtof Chancery ."
£. of Macclesfield, Who was then governor
of the Bank?
Elphiiiitone, I think Mr. Hftngnr wis.
8er). Probyn, Were the eotnes dated?
Elpkirutone, There was no date to any of
the Memorandums ; they are wrote jast over
Mr. Dormer's aeooont^ and under a kne drawa
to separate Mr. Donner't acooanl from ano-
ther person's.
Serj. Prob^n. Was that before the tnuufer
made to Edwards?
Elphinstone, There is no date to the Me-
morandum for stopping the tnosfer of Mr.
Dormer's stock ; but it must be before tk
transfer.
Ser^. Prohyn, But the entry id the booin,
was it precedent or subsequent to the transfer'
Elphinttoue, When I searched for these*
count, I found the account and the Memona-
dom f<ir stopping the transfer of the sloek,
placed over it, in a book called the Ledger, mi
when I searched for the transfer of the slock, I
found that in the transfer* book, wbicb it a dif-
ferrat book.
Seij. Pfobyn, What transfer-book was it?
Elphinstone, 1 1 was the transfer- book No. 5,
in page 86, where I found Mr. Dormer's traii-
fer, and Mr. Edwards*s acceptance ; bet die
Ledger is quite a different book. It wasia
the Ledger marked D, that I fomid the Me-
morandum for 8toppin|^ the transfer of Mr.
Dormer's stock over his account ; bat I ceoM
not tell what day of the month it was entered ;
there were promiscuous dates in the year 17S0,
21, 82, 93, and S4, to several artickfs of tint
and other accounts, but no date to the Memo-
random at the hnd of h» acconnt. i Isel
this copy of it, which I have in my hand.
Mr. Lutvpyche, I desire to ask <»ne qucstino.
which, indeed, is to explain what be nHMitioonl
concerning an order, that I think he lakes le
be signed by my Lord Chancellor. I desirf
to know the date of it?
~ Elphinstone. It was a loose order brougii!
to me, dated 11th July, 1791.
Mr. Lutwychc, Who brought it ?
Elphinstone, It was brought to me by t
clerk that belongs to the TransfeiM>fBce at the
Bank.
Mr. Lutwifche, Was that original order left
in the book ?
Elphinstone, No, my lonls, I saw no bonk
of orders ; it was a single order brought
to me.
Mr. Lutwyche, You say there was an oidcr
signed Parker C. was there any such order
drawn up by the Register of the Court?
Elphinstone, 1 know nothing of its beiaf
drawn up by the Register. I saw Parker C.
signed to an order ; and I believe it was the
noble Earl's hand.
Scij. Pengellj/, He hath a copv of it; I
believe it is proper to put it in, or Uiat it may
be read.
Mr. Lutwyche, Mr. Elphiutone nay rmi
it to \our lordships.
Elphinstone rmAB. Martk llJnW, irSli
" 1 do order, that all the Bank alock mi •■•
nnitiet thereiQ aubicribed, beiongmf li Rut'
IflOl]
fir High Crimet and I^tUdeme^nori,
A. D. 17S5.
£18^2
Uiat p«
I
P
I
I:
woiJd Dormer^ eiq. Utc one of the M&itcra of
ihii Cotirl, be by biio forthwith traniftrrcd Co
Henry Ediranlt the loeccetlrDg^Mmsler.
•* To the OoTernor, Deputy- GoTCrnfir, Aud
Directors of the Bank vt Eng^ltnil,'*
fieij, Ptngetfy. We detife be miy he ntked,
Wbetber be he&rd any thing nf Mr. Dormer's
bcioe' ^ne tu take the air f
EtphtFUtane, No^ my lorili, I nerer Jid,
upon my ouih.
Serj. Pengeliy, Whether be did not hcmr
the earl of Maccleaficld make a dectaruuod to
i«rport P
atphiintonc. I do not remember ih«t the
Me lurd erer made any such declaraiivii,
>$erj. Pengeliy* He mentioned ievcral orders
tie found in the books uf the Bank^ a$ I ap-
prehended him ; whether waji there any other
urder under my lord Maccles6eld*s hand f
ElphintiOTtc, No» I saw bin one nr^mal
order si|fiie<l hy the noble £arl, of which ttiii
is a c!opy in my liand.
Mr. LutfOjfchr, This was an order under my
lord's hmnd a considerable time at\er : I desire
he may be a^ked, Whether he hath Wnni of
^y order directed to the goTernor^ deputy -
g9f emor, &c. of the Bank^ and !ii|^ne<l by the
Chancellor, and that original order le(\ there ?
Eiphinitone, ATy lords, I would he very
eaaiiotif of saying any thing that I do not re-
IneiDber ; hut 1 do remember something of a
iSiaoouree of au order i^iven for stopping of
Dormer's stock and effects about the time of
Hr. Dormer *«abficonding; but when it was I
can't tell.
' 3Ir. Lutmycke. He ilid not trnderstaod me :
ly aueation ia, wheUier or no be hath erer
d of any order directed to the governor,
of the Bank, and signed by the Chao-
ir^ and that original order lel^ there f
Elphinstmt. No, my lurd«t I don^t aay I
lieard of any oihpr order si|a»ed by my Lord
Chancellor, and directed to the gorernor, Bcc,
(>f the Bank; but 1 lieard an order was given
by my \nv\ to stop Dormer's stock.
Mr. Lut^ycht. I ouly askt Whether in (liiB^
or any other ini»tance, my Lord Chancellor
mode ordera to the Bank, to be \tti there f
BiphiKitone, \ don't know what orden are
BMlei it was out ot my profioce; 1 h^d no-
tfiJBff to do with that \ my business was qutte
•Aotner ihinL^.
Scrj. pM^yjj I wonhl beg leave to take
iiiolioe of one obtfcrvatiou that has been made on
ffee Cf ld«fic^ given in relation to the order of
the Iftta Lord Chancc^llor, as though it was
Quttsual id dircM^t any in that mautier to the
iSaok; but to that 1 beg leave to answer, that
tbia wa^f not an order uf the Court ; but only a
ptfttculat dirvrtmni which he in hie* private
OifACJty sent to that comjmny, out of his
gfrcttt care to secure the effects k*( the suitors ;
SImI thia, \ apprehend, fully clears him of the
lAfection made to htm of tirgkct t# do tiio bis
ipacity.
Com. Sirj, Your lordships cannot choose hut
observe* that this very thing itnplie^ Aome
caution taken, that these efftets of Mr. Dor-
mer's should not be transferred without the
privity of the great seal: this order, weap-
prehendf was for that purpose ; and to tualcti I
this plain* we shall shew, that Mr. Cottinghaa
went from my Lord Chancellor about thia
matter. ^
Air.. Cotiingham called.
Seri. Prebyn. We desire Mr. Cotlingham
may ne askeil, how he came to have notice, and
from whonii of Mr. Dormer's withdrawing
htnivelf; and what care was taken to secure
his effects ?
CQfttngham, Soon afVer Christmas, 1730, to
the best of my remembrance as to the time,
Mr, Parkhnrst, !Vfr. Doriner^s nephew, came to
me« and told me, his uncle, Mr. Dormer, had
withdrawn himself into jtolland ; and the rea-
son wa<i, upon account of hi?!t having lct% money
and effects belonging to the suitors, in Mr,
Wiliion's hands, and Mr. Wilson had been very
unfortunate in the South Sea year, and was
likewise gone oif. ( acquainted the Earl
of what passed. The Eorl directed me to at-
teml the two senior Masters, Mr, Hiccocks and
Mr. Rogers, and consider what was proper to
be done on that occasion. On consideration,
we agreed, that it was necessary to get Mr.
Dormer over.
We then considered, that it was not possthli*
to have htm over, unless he was secure of his
liberty. A proposal was made to the £arl; that
in case he came over, he should have his lr<
berty: the Earl Bjyp-eed to it. In the mean
time^ to the best of my remembrance, orders
were given for searching of bis office, and se-
curing what eflccLs and papers were there.
The Masters told me that, pursuant to these
directions, they had searcheit his office, and
locked lip what they found there; but kiisef*
fects there were of very hltle value.
The next step the Kari took was, he directed
persons to go to the Bank nod theHouth-8ea
Houije,to stop the transferring of any stock or
effects in hiK name.
In April following, when Mr. Dormer re-
turned, be came late to me one evefiiog, and
anked me, if the letter writ by the Master was
writ hy the Earl's direction f I told him, Yce.
Ue thena«ked me, if the Earl hadnromiaed
Im hbcrty? Oiherwise be would be gone
again.
1 told brm, the Earl had promiacd btm Ins
liberty, if he wouM make a full discoverv of
all his cfTecU U[>on o«th ; and make (»ver hH he '
hod to the two wenior Muster* for the bLnt-lit
cfthe suitors of the Court; and assist them ia
getting in every ihin^ that lielon«red to liim,
flesaid, th*?seci>ndition« hr readily suhniitted
to, and wimid attend the M«»tt^« acconliugly*
I spoke 10 Mr. Rogers, to know whether \\%
wouhl have an order in fonn to i lamim- M
Dormer up*Jti interrogatories ; and that, if
wo^d, I wvuLd pepare ene, and get U
4U
I
I
I
I
I20SJ
10 GEORGE I.
Trial of the Earl ofMacde^M^
[laoi
He told me, it wag not neoemrv ; aud that
they thoug^ht it was best to g^i tne estate and
effects in the first place, before that should be
done J fearing if Mr. Dormer was severely
dealt with, he should run away, and an order
mi^ht be bad afterwards, if necessary. I for-
ifotto tell your lordships one circum^ance :
somttiiiio in the summer foUowiogf, either in
Jill}' or Aui^nst, I happened to dine one day at
the B!iir-Pi>sts, behind Lincoln's Jnn, Mr.
Dormer came to roe with (ears in his eves ; he
cried Inderly, and said. That the Masters had
stripped him of nW he had in the world, and
begged I would intercede with the Earl to
allow him somclliingf. I desircti him not to in-
sist upon it ; fur his effects, as I was in-
formed, were not suftic irnt to pay his debts,
and he knew ucti, that the KaH could not ^ive
away the eifects of the suitors ; it was out of his
power.
Mr. Phmmer. I think you say. Sir, that Mr.
Dormer failed, by leaTiu^y his mouey aud ef-
fects in Mr. Wilson's hands ; I desire to ask
Lim, what he means by his efiects P
Cottingham. The money and effects beloug^-
inff to the suitors of the Court.
Air. riummer. And you told my lord of
that.' .
Cotlingham, Yes, I told my lord what Mr.
Parkhurst had mentioned of the money and
effects of the suitors of the Court being left in
Wilson's hands.
Com, Scfj, I desire be would inform your
lordships, whether or no. apon this occastoa
and transaction, he applied to the Masters to
make up this deficiency of Mr. Dormer's?
Cottingham, As to the deficiency of Mr.
Dormer, I always apprehended and understood
that the Masters would make good that defi-
ciency, Mr. Lightboun excepted, who always
declared, he would do nothing towards it, un-
less it were put on another foot.
Com. Sirj, I dtsire he may be asked, whe-
ther he ^ave any sucli information to the earl
of Alacclesfield ?
Cottingham. I did so ; I told the Earl of it ;
and to the best of my remembrance .Mr. Hic-
cocksand Mr. llojrers; my lordy, I won'tbe
posiiive, but 1 think Mr. Hiccocks and Mr.
Rogcrb '. 1 order me to wait upon the Eari, and
let his lordship know that the body of the
Masters had undertaken to make up the defi-
ciency ; I do think so, I will not be positive of
that, I think it was so.
Com, Serj, 1 desire he may inform your
lordships, if he kuows how it came to pass
that Mr. Dormer had money in Mr. Wilson's
bands ?
Cottingham, Mr. Parkhurst told me, and I
think Mr. Dormer likewise, but of that I am
not certain, that Mr. Dormer had lef\ the
money in bis hands when he went into the
eountry in the loncf mcation.
Mr. Ontlow, 1 desire he may be asked, what
were the words that Mr. Rogers aud Mr. Hic-
cocks said to bim when be apprehended the
AlASten would make good the deficieDcy.
Cottingham. I think it wis what I UlA your
lordships, that the body of the Maitcn would
make good the deficiency ; I do not, I cannot
Mr. OfuUm. Did any other of the Huten
swear that positiTel
Mr. On$lc
tell you so ?
Cottingham. Mr. Godfrey tdd sie, I an
positive of this, that Mr. Godfrey, told me thai
the biidy of the Masters wonid make fonk
the deficiency ; f must except Mr, Ligbt-
boun.— I have heard Mr. Edwards lay, that be
would never have paid his 500/. if he hd
not apprehended that it would have been madi
goo<l.
Com, Scrj. This makes it necessary for n la
ask another question, and I desire he may be
asked, though he doth not remember the ptr^
ticular wonls, ye^ whether that indaoed hin/li
believe that th^' intended so to do?
Cottingham. It did.
Com, Scrj. Whether upon tliis belief he tt
inform the noble earl that they wonld mib
good Mr. Dormer's deficiency ?
Cottingham. I did. I told the noble eari 81^-
and that his lordship needed not to be nnea^.
they wonld make it sood, and 1 always appre*
bended, I always understood they would make
it good,
Mr. Lutwycht, I desire he may be asked,
whether the deficiency of Mr. Dormer was ew
stated 80 as to know how much it was f
Cottingham. No.
Mr. Lutvyche. Did they agree to makeup
the deficiency when they did not know how
much it was r
Cottingham. I heard some of the M«m
say at first, that it was 17,000/1 or 18,O00JL
afterwards they said 90,000/. and then 89,0002.
and of late it comes out to be 96,000/.
Mr. Lutwyche. If I undersUnd Mr. Cot-
tingham right, he speaks of se?era] Mastcn,!
desire to know whether he means all, except
Mr. Lightboun f I desire to know whether cbij
all ivingly promised ?
Cottingham, Singly, as I remember; Mr.
Edwards can tell 1 was at a meeting with tbea
at the Uvern, I think they said singly.
Serj. Peng. 1 desire he may be asked, wbe-
ther this discourse with the I^fasters about pa^-
ing this deficiency was absolute, or upon sosM
particular terms or conditions of paying tbi
monev?
Cottingham, Mr. Edwards told me that they
would make good the deficiency, pro? ided thej
continued on the oltl foot as osual,
Seij. PengcUy. That is to ha?e Ibe dis-
posal of the money, the money to bein tbeir
bands ?
Cottingham, Yes.
Mr. Lutvyche. I desire to know, wbethei
you acquainted the earl of Macclesfield with
this?
Cottingham. Noythiswasbnt lately that Iv.
Edwards told me that. It was, I believe^ ii
November or December last.
Mr. Lutvyche. Did noM of the oth«r 3bf-
ers acquaint you 10 r
Jur High Crimes and MUdrmramrx. A. D- 179S. [1306
t^ muke the lOott tte caulU for tbe sttitariof th^
Court,
Mr. Bunt sworn.
1205}
Coiiinghom^ No, I doo^t rrrnvmber anj oilier
Sfister fftJ,
Mr. Luttvf/che, I itc*tre to «sk yon, wKelher
you ever h^nl ivhmt mter^il Mr* Wilson nl-
loired to Mr, Dormer?
Cottin^hftm. In December Itit* i*hen tUt
mceotnpu were heforo ihejiuJ-^^, the Earl **»ltl
me that Mr. Wilson's compofttion x^m com-
plained oi; it waa aaid, that Mr, Wihtm hud
priid 20i* in thi^ fiouuiJ, sod ordeTitl me iu lullc
Lwilh Mr. Wilson ; und Accortlluj^ly I did see
MiWi and blamed him for iin[Ki9in}f uiiwi the
loitcr^ ih i!i<* com|msiiiou he msule with thrm^
'when he had paid other creditors ihcir whole
^ demand ; he denied it.
Mr, Ltitwt/cfu\ That is not the question ;
li^hftt inlfreai did Mr. Wilson alhjf* Mr. Dor*
net for the t uiton»'cash T
Cot t i 1 ij ft am , 1 am c »*»ngf 0 n 1 0 i ha t jia rt . Mr.
Fitsou tuid to me. Why jji all the hUme latd
I me' I alloifcd Mr. Dormer rery Itrge
t for hit money : 1 could have set atrdc
ht upon the toorevf an nsuHouK contract;
\ reeolTed 1 ivould not do it ; I would nhew
Flo dl the HorkI to be an honeit man j I
\ my creditord all that I liad^ what would
bey hare more ?
Mr. ListtLi/rhe. Whether he roemioned ten
per cent or no ?
Coitittgharn. Noj he dtJ ■ -♦
had ^iveu Inrgfe, Uitrh in'
, had had im murh as his i
Com. Serj. Wbenwa«i
Cattiptgfwm, ll must hii
St, when the judtfPS were en
tti«tter« because he told me M
cin with them about thecomp^miiou.
8crj. Vrifhffu, R ecid feci w hut nnB said npon
fliiH di(;coun;ef whether he afcid that thr Court
' the >]axter9 had as much as any of his other
f»Hhtorw 'f
Ciittingham. He told me« I am an honert
nmn, the Masters had as much us my oihir
editors, what would they have more ?
Serj. Probj/n. It is mtr misfortune we can't
roduce Mr. Wilson here, we are deprived of
|ii5(evid(^nce, which would have been very ma*
trial, by his dfaih ; we are totd he has very
Itfly shot himself
Coittu^ham. He was v«ry poor, I always
oked opoo him to lie an honest man ; lie told
ne at the lame time, I forpot to tetl yonr lord-
\ii|>a» if Mr. Pouher could he hut delivered up,
^^Dohl be very eany ; he was sure he was in
pytauces to pay' him.
Tmn, Saj, My Innlfyif the cfenllemrn have
nne with thia witnecs, we de«iie to cnl) a wit*
or two »n relntjoii to the I4tli Article, to
the credit of Foulter t^hen hisd»-bCwa«
We apprehi-nd thitta little r%iiJence
' rvu to dear up the iunocfnce of thi« tio-.
!ie iiaid be
the Court
(>rs.
se?
Dpcemher
n this
Js h.id
F' nl ,
iImn
rif'i'uviOii
fhi.
IKiwer apply thereto; a hitle
le it appear, that however itn-
tmala U waa in tbt cotist^u^isce, lie did it
Com Scrj. My lords, we call this witness to
prove tJie two jiidu^ments, the one ajfuinst Poul-
ter, to nhew that ihtrc was s real debt due
from Foult4*r to Wikon ; the other is a copy of
« j II dfrmerit by Wilson agamsl the marshal of
thi Kinj,'*R-hcnch, for the escape of PouUer.
Hunt- My lords, I examined these two co-
pies of juilg^mentii with the records in tho
Court of K i II IT* s- bench. Thry are true copies
of itrejndt^neotM.
Vmn. iiery, 1 desire he may he askeil, whether
he was the sttorucv for Mr, Wilson ?
Hunt. I was the attorney lur Mr, Wilson
in that adjust MaclieUf atid entered up th«
judgment m the other.
Cam. Si^tj. is it your lordships* pleasure that
the judgment should be read at larjje ?
fcierj. Probifn. Bead only a word or two of
the juiigments, the names of the platotifi^and
defendant^ the mouey demanded, and the sums
recovered.
\_Cicrk reads the heginninsf and ending.]
** Memorandum quod alias, scilicet Term ino
Sancti Hilarii ult' pnaeterit' coram Domino He^c
¥eu' Willielm^ Wilaon versus Edvanjum P*kiI-
ter — Ideo considerai* est quod prccdiei' Wil-
lielm' recuperet versus pnelal* l^dvardum
Poulter damua sua, qua' quldem damun in toio
^e attin^UQt m\ octodvi'im iitille seplin^ent* et
sexa^nut* Ubraa duodeeim solid* et quinque
denar*.**
Herj. Prohyn, The first is again kI Poriller. '
Mr, Luliyche. \a^\l when liie judi^ineDt
wa.^ ittgued.
Hunt. It was sigiied S3 Deeeitiher» ITfil.
[The Judgment read against Machen.]
** Placita r^ram D*»mino Rege apnd Westm*
de Terat' Sancti Mtehaeli^, umleciiuo Gcorgii.
xMcmoruodum quod WiUielm' Wilnon — protii*
lit— bdlam— vrrs* Richardum I^lachen — de
piacito debiti — quod reddat ei oetiidei-im luillis
septingenl^ iictogint^ ft im^ lib. — ^Ideu convide*
rut* e§t quod pned' WiKiehu' Wilson reou-
|ieret, ^cc.**
Judgmcnl signed ^7 Nov. 1794.
dm. Strj, If your lord««hips please he i
Ijo aske<l, if he knows of any otIVr made ^
Pouher for a comiKiKiiifm, »nd whnt lium of r
tiey w»s ottered, and \vQvt Mr. Wilson hrhaved
himself on that occanioii.'
Hunt^ 1 don^i know of any composHiou of-*
fered, of my own knowledge; I have heard
the present mnisihat of the King^k-brnch lay^
there was l,OCKJ/. offered ; hut 1 ttad r>rdeis
from my clicut, tf any offer viere made to me^
cioK to a€?cept it, hut to rrier the person tt ho
made it to him.
Com. 5rr>. As Mr. Wilson is dead, I desire
Mr. Hunt msy be aaked, whether Mr. WUvoii
gave any rrasoa far that ocdcr uot to compound
With hiiuf
i
1807]
10 GEORGE L
Trial tfike Earl ofMacdeffieU^
[1908
Hunt. Mr. Wihwn bath often nid that it
was his opinion Mr. Pouller was able to pay
him.
Com, Serf, We hare done, my lords, with
Ibis witness.
Serj. Probjfn, Vly lords, we beg leave to call
a witness to shew that at this time Mr. Poulter
bad the reputation of being a man of substancey
and an honest roan.
Mr. Ttter Candy sworn.
Seij. Prchyn, My lords, I desire Mr. Gandy
flsay give your lordships an account, whether
Mr. Poulter had not the reputation of being a
substantial man about the year 1729 or 17Sd P
Gandy. Mr. Poulter always lived in good
reputation, and was reputed to be an houfst
man ; he lived at Hackney, he told me he
purchased 6,000/. 8nuth Hea stock, which cost
liim 36,000/. and transffrred it to Mr. Knight,
and Mr. Knight ^ave hiiu nothing for it.
Serj. Probyn, I desire to ask you, whether
he wa.«t a spbstantial, honest man ?
Gandy. I believe he was ; be always bore
an extraonlinnry character, I believe I might
summon all Exchange-alley, and they would
say the same ; he was reputed to be worth a
great deal of money, and a very honest man.
Mr. Lutvyche. At what time was this that he
was thoui^ht a man of substance ?
Gandy. When he lived at Hackney.
Mr. Lutti-yche, Afier he was arrested?
Gandy. Yes.
Mr. Lutwyche. Will you say aAer he was
arrested he ««as a substantial man P
Gandy. No, niy lonlfl, 1 do nut say he was ;
but he was generally reputed to be so.
Mr. Lutwyche. Whether at the same time
you mentii^n that he told you the circumstance
of transferring stock to Mr. Knight, that was
not given as a reason for his deficiency P
Gandy. He said, lie had been able to pay
Mr. Wilson every farthing, if Mr. Knight bad
not gone away.
Mr. Lutwyche. That is what Mr. Poulter
told Mr. Gandy.
Serj. J^eng. 1 desire he may be asked when
PouHer was nrst known to be in a failing con-
dition P — Gandy, I dotiU know.
Serj. Peng. When was he arrested P
Gandy. 1 don't know ; he told me he should
have been able to have paid Mr. Wilson, if Mr.
Knight had not ifone away.
Serj. Peng. Did he give you that as a rea-
son why he could not pay Air. Wilson ?
Gandv. Mr. Knight not paying him, he said
he could not pay Mr. Wilson.
Serj. P^ng* Was that the reason ?
Gandy. Here is another grentleman will tell
you he was employed to make a composition
with Mr. Wilson, and he c«n tell you more.
Mr. Omlow, What was Ponlter's profession P
Gandy, He was a servant to Mr. Strood
Mr. Onthw. What it Mr. Stroud P
Gandy, Mr. Stroud is a sworn broker.
Mr. Unilom. I desire tn kaow what profes-
sion this person is off
Gandy. Itranuctin EzdMBge-AUey as a
broker.
Mr. Lutwyche. Did not Mr. Poulter transart
as a broker tooP— Gatu/y. Yes.
Dr. Sayer. We are not now apon the poin
what he was really worth nt tku tine, bat
what his reputatkHi and cbttracter was, ui
therefore we desire to. know what that wsi^
whether he was not looked upon an a siibstin»
tial manP
Gundy. He bore a good character.
Mr. Strange. What was his charactsr u li
his circumstances at that time f
Gandy. His character was then Tcry gssd^
and so continued till he was pot in nrison.
Mr. Strange. Where is he now r
Gandy. He is at Rotterdam,
Mr. Scott sworn.
Cosi. Serf. I desure that Mr. Soott may is*
form your tordships, whether he knew Mr.
Poulter, and what his character and
was, as to substance P
Scott. Mr. Poulter I had been ac^naialrf
with a great many years ; I looked upon kks
to be a very honest man ; and in the year 1790
he transacted abundance of busineaa, and I dil
a great deal of business for him and sane
other gentlemen at that time, as a scriveocr.
In the year 1720, upon the fall of the slodsi
he came and told me he was ruined by it, astf
begged of mu to assist him. He told meil
first he had some accounts depeHdinsr with Mr.
Wilson.
Seij. Peng. 1 desire he may repeat it, wb«t
he told him, and when P
Scott. About Decemlier 1720, before Mi;
Knight went away, he said he had large ae-
counts with Mr. Wilson, and that he was st>
terly ruined, because be said he had trsas-
ferred 6,000/. South Sea stock to Mr. KnMi
which cost him 40,000/. or betier,'and if W
could not get it of Mr. Knight, he must bs
ruined. He told me I was acquainted with
several gentlemen of Mr. Wdson's acquaish
ance, and desired me to speak to him or thca
about this matter.
Sometime after, Mr. Wilson's agents. Mr.
Ashton, I think, and one Mr. Newt*Hi, sent is
Mr. Poulter, and desired a meetina^ on i hi- be-
half of Mr. Wilson. I went on the bel<&lf sf
Mr. Poulter, and carried a friend uith me;
we met at the Crowu> tavern over against $L
Clement's church, and we told them how Mr.
Poulter was served ; that Mr. Knight bad m
much stock of his without any nsanoer of cos-
sideralion, as Mr. Poulter bad tokl us ; thai
Mr. Pouller was willing to do any thing tlicy
coukl expect Some coosiderable time afWr-
wards, 1 heard Mr. Pouller bad been arrNlvd,
and he desired me, as being aG<|4iaioteil with
Mr. Wilson, to go to Mr. Wilson, and use if I
coiikl make up the aflair; he afpfeheoded thil
his bail would surrendsr him : whcrevpoa I
went to Mr. Wilson, and told him, that Jlr.
Poulter prolestid lo mn kn «w wsrth kA
5,5tH>/.ortlisinbwtS|Md llMtkiw««ld»
. 4
180£0
J&r High Crimu and Mitdemeanon.
A. D, 1725.
[1310
^t^vmt to gel frirnd* to mike it up 4,000/. if
Mr. W lUon wouli) ucccpt tl, I was with Mr«
>Viboii serersl liiiieii ikMUl tlii4 iD»tter» but he
would not accrut it,
8en. PtTi£. bid be give any rcison why lie
wottkl uoc Accept U p
^§Scoit* He taiil b« lookid upon Afr. Poult^r
t to be au bofie;>t man, ami that i»e could
' tnare ; I said b^ hod better uke ibat tban
I bioi ill prisoQ.
t. ScTj, NutwiiUgtandiuff tbtte priFate
tioDS o( bis disability, Ideatre to know
at waa bis geoeral character aa to his cir^
limvtauc^s f
ScoU. He nas looked iipofi to be a very bo-
* nian, and in g^ocnl circuinstances ; he hatb
\ trusted Vfiih thousands and ihousands of
lands,
en. Peng. I desire be Toay be asked, whe-
the money, the SH,000/. Wilswo lent to
was uoi tor atock-jobbin^ , fur him to
c with in the alley.
I Scott. 1 know nothing' at all of ibat.
I li^ri. t€ng* VVbelher be batii not declared
No, f know nothing of that ; when-
J was iu company with Mr. Wilson he
always very sliy, and wouUl not speak
If. Piumtner, 1 desire he may be Asked,
blielber iu June or May 17^0, he looked u|ion
Foulter to be a ^uod man ?
coti* Mr. Poulter, in April or May 1721,
I me his circumstances, and dtr^ired me to
to Mr. Wibou to meet tiiose gentlemen,
I to treat with them ; hut eT<£ry body then,
ept four or live perinns to wboiii he had
de known bis circumstancas, reputed him
I honest snd a (substantial man.
Serj. I drsire be may inform your
, iu May 1731, what hia (general cha-
or what w.is |;^Qi>rslly thnu^^ht by
rpeople of liitn, wiUiout rdattou to bin
|>aiijculur knouletl(»c ?
C4dit. He was looked upon as a man of sub-
Qre, ami a very hunesi man.
Ir. S*tntij/x, I de&ire hf would expUin him*
^fi wli4^Lher he was looked u^iou at that time
bimKt^it to be a sufficient moji, and »ble to
Hwer tiie deujand of Mr. WiIimiu '
\ik4fU. Hi' hitd told me a ri'asOH lo induce
til hAvc but an ill o(#iniuu ot bin ubititv, that
ibid tranKlerred 6,QU0LiiU>ckto >]r. Knight,
'ico«t him 40,000/. and upwards.
\Peng, Whether Mr. Poulter at that
t tm ileahug m Ibe way of bufintss aa
• Ff
, I believe he did not at that time :
p€^ in t7'iO, hii buHJOien waa dnnr« and
|bt bimsell worth m great deal of
Wlietberin Ibeysar 1790, be
nut lookeil upon to Imrtt got a great deal
Lmoneyt and for thai reaeMin lo have quitte^l
It wa» ib«« tibfln aa t ke was then
p«o M 1 Bta of grciA
there were not aboire five who knew his drcum-
statioes to be otherwise; Ite was generally
looked upon then to be a man ofeubetaoce.
Mr. Lutwi/che. It is a very aorpriMiig way
to establiah a man's reputation, to say be was! ~
manof suNtance when he ufferedaoomp
tion I and at the same time be could not pt|
his debts, be is understood lo be a man oi' sub-
stance; I desire to know, whether tt was afier
or before you had that meeting, and oflered
the compotfitiou ?
Scott. 1 believe it was afler«
Mr. Lutuyche* Did you take him to be ft
man of eubstanoe afterwards, after you bad
offered a compoAtion for him f
E. of Macc. This f^entleman bnth answered
tivo things very consistent, tliat he aod three or
four more, who knew Mr. Pou Iter's circum*-
stances, knew ibat he was not a man of sub*
stance then, but that all other people looked
upon htm to be a man of substance, and betellt
you how he came to be so esteemed,
Scott. Yes^ so it was.
Mr. Lutwjfchc, 1 desire to know again, whe-
ther alW the year 1790, he transam^d businefs
as he ui*e<l to do i*^ — Scoti. No.
Air, Lulwyche. I desire In know again «
where he tir^ aiW llie year ]7€0, and what
means he had to hve upon, besides bis busi-
ness ?
Sent I. lie lived ais a gentleman at Hack*
ney, had Ins house well furnished and full of
plute ; I have been at bis house aevend tiotes*
BIr. Lufn'yr/i*. How long ai^^ti ?
Scon. I behere a year and a half, or two
years ago.
Dr. &ryfr. 1 donH apprehend it is material
what this gentleman thtiu^'lii fnun the private
conversation be had wiih l^lr. Poulter. The
general re{miatton iii sutBcjcnt tor us to justify
what wan done; I desire he may be a^ked,
whether till that conversation be btmt^elf did
not look u\mn him to be a man of sub«taiu:e ?
Scott, I I Of iked upon him to be a man of
subiitsnce, till he told me be waa so unbappv
that he could not get bis 40,000/. aod upwards
of Mr. Knight.
Mr. Lutmtf^Ju* When was it be tokl you so T
Scott. \ believe some time in December
17ao, that be told me so first.
Mr. hutw^hi. The composition was in
173^.
Serj. Pengelly. I desire he may be asked
one general t^ueMtion, W briber afti^r the yeu^
1721, Mr. Poulter retained any character of
»ultictency or abiitly f
Scittt. He was booked upon by tvety one
Uiat ilid not know this affair of Mr. Knight's,
to he a man of ftulficiency lu ir31.
Mr. iMittyrhe. AfW 17«1, wlielher it was
not generaUy known ibat Mr. Poulter waa an
twuilieienl man ^—Seott. No, I believe not.
E . of Ahingdon. J f tbey have done, I desire
to a«*k this witnwia a qocvtion, whether it was
geneifiily known tlaii Mr* Poulter had trans*
acted lor Jlti. KniKbl?
ScotL Not la I know of ^ 1 bdieva not.
I
1211J
10 GEORGE I.
Tfid of ike Eart ofMaeeUf/UU^
[ISIS
Kerj. PrnbjfH. My lordf, we shaO trmiUe
your lordships with do ftvther eridcnoeoD this
ilrtide. Mo if y oar lordships please, we shall
BOW proeeed to the other Artides.
Mr. Strang/:. With your lorMiips' per-
mission, we will now go on to the neit set
of Articles that were opened by the Mana-
gers for the honourable House of Conmons,
which are the Fifteenth, Sixteenth, and 8e-
Tcnteenth Articles. And I shall now, as I did
before, confine myself to these particular Ar-
ticles.
The Charge, my lords, in these three Arti-
cles consists of several acts supposed to be
done by, or by the order of, the noble Earl
within tlie bar, and are laid to be all tending to
the same design of concealing the deficiency
•f Dormer's office.
For which purnose, my lords, it is said the
aoeounts of the Masters were (»]led for, not
with any design of examining the accounts,
but with an intent to terrify the Masters, and
oblige them to contribnte towards answering
the demands that should be made upon that
office : and as an instance of this design, the
Commons charge, that after a contribution by
nine of the Masters, the Earl did not oblige
tliem to bring in their accounts.
That upon occasion of another sum of money
wanted to pay off a suitor who had an order
for money in Dormer's office, the noble Earl
pressed the Masters to raise it amongst them-
seWos; and, upon their refinal, caused his
secretary to pay it: and that notwithstanding
tliis notice of^Ekirmer's deficiency, an order was
afterwards made for Mr. Edwards to enquire,
whether there was likely to be a loss of^ any
money deposited with Mr. Dormer.
And as a farther instance of this endeayour
to conceal the deficiency, it is insisted on, that
several orders were made for the pa^^ing some
suitors the whole of their demand, without re-
gard to that just nroporlion to which the other
suitors were entitled.
This, my lords, is the state of the complaint
contained in these three Articles.
And as to the first part of the complaint in
railing for the account, and terrifying the Mas.
tera into a contribution, I shall bec^ leave to in-
sist upon two facts ; cither of which, in my
humble apprehension, will be a sufficient de-
fence apfainst the Char^.
The first, my lords, is, that the contribution
wasvolunury: and the next is, that long after
til is contribution the accounts were continued
to be called for, notwitlistanding it is charged
to have been dropped immediately upon the
eontribiition.
To prove tike contribution voluntary, I beg
leave, my lords, in the first place to look back
upon Mr. Lightboun*s e\ idence, where he ac-
quainted your lordships, that upon his asking
the noble Earl, who the prbposal came from,
the Earl's answer was, that it came from some
•f the Masters : and he concluded his account
•r that conversation with iBlormiog your ford-
ships, that, vpon Us deefiniiig to esntributei
the Earl left him to his liberty.
But, my lords, not to rest it npoaMr.Iijrht-
boire'a evidenoe only, we shall caU Mr. Cot-
tingfiam, who was acquainted with the whole
traosadioo, and will inform your lordships
that the oontribatlon was altogether yoluntaiy,
and of their own proposal.
My lords, the other branch of the Ailiokr
and which indeed is the jet of the whole, r^
lates to the dropping the design <»f looking isli
the acoonnts upon the making of this esslri-
bution, which we shall be able to falsify ; isl
the account, my lords, we shall give of Ar
whole transaction is this :
In February 17S0, Mr. Cottingbam, bvii
Earl's directions, wrote a letter to the Nmsb,
requiring them to make up their accounti, ■&
present them to the Earl, according to a pka
which he imparted In them in that letter.
Your tordships are pleased to observe, Ihd
Mr. Dormer's failure was at Christmas, ui
this letter in February following, before Mr.
Dormer had any leave to come over, or a^
discovery had been made of the condition of isi
office.
My lords, the nse which the bonooraUc Hi-
nagers say was to be made of tliis letter, sm
so little understood, that some of the Hartnf
did, pursuant thereto, make np and ddivcr ii
an accompt, though not aocordmg to the dirR*
tions they had received : and the affiur of Mr.
Dormer coming on, caused a atop in inbf
up these acoompts, till afler the appointing •
successor, and making the contribution, irbiA
I think, is already fixed to have been in or abitf
Aucrust, 1721.
My lords, the summer beinir then hr w^
vanccd, and every body going out of town, ihc
aocompts were not exacted at that time ; Wl
upon their return to London a new order v*
sent by Mr. Cottingbam in November, wiA
fresh directions for bringring in their accompH
My lords, 1 must here beg leave to obsrrif^
that if the contribution was all that was tiad
at by calling for these accompts, how comes t
to piass that Mr. Ughtboun, who never contri-
buted, was not called upon, in a particstar
manner, to bring in his accompt, which, I tf
not observe, was proved, or so much as opcsrf
by the learned Managers f
My lords, the true reason why these i^
oompts were not brought in, was the insopo^
able difficulties of such an undertaking; '
which, I am persuaded, no other evidenceaedl
be given, than to reflect on the prooeedi^l
that have been of late in taking these accosipKi
But, my lords, a learned Manager «tf
pleased to say, why did this noble Eari ksif
the ofBce, if lie was not able to do the bnsises
of it ? I hope your lordships won't think tht
noble Earl was idle all the while : every hdj
knows the great variety of business, and m
continual hurry a Chancellor is in : the sHh
nary bminess of the Court of Chancery is u^
fident to engage a man of nnoommon apffiM^
tion: what n litigae theoi ny lordi^ b^ >I '
f(tT High Crime* and MUdenuanors,
A. D. 1725.
[18U
^wheD the uecoui&ry attendance upon your
Mlhip*, and at ibc council tabic, are both
mien itjio the accouut ? 8ure I ajsi, my torcti,
I can nrrer l>e said, that lUtfe waa no watit <if
' iLf iliese accounts*
ranch of the Charge ia
tuiiiL-r lur i»uTHTt. ui Mrs. Chilly, which* it ia
f, waa paid hy the nohl* Fsu I'l ^lirection. in
rr to conceal the deficiency ; but f»ray« my
ria, cto not the Artjcic antl ctidcDce' both
»voy the KUpposilion ? Could the earl of Mac-
5csfic)i1 intend to conceal the deficiency, wbeo
\e cautioned Lorkman uf^^atnat marrying Mr*>
in prospector any more money to be
- (jui of Dormer** office ? •* That thia
|Quld lie tl»o hilt payment^ ^ (I ^re your lord*
plpa the very words) ** she was hke to rec4jive
ml of ihe money paid into the haitda of Mr,
[)orrner. for the residue thereof was in danger
if bdng lost, by reason of the deficiency in tbir
rlTects of Mr. Dormer/' Is this, my fords, a
SDu^faluienl of the deficiency ? A paymeut of
l,00t)/* of I he noble Ear Pa own naoucy, iu order
jgl the suitor should hate no suspicjon of a
Hptency !
^vul to go farther, my lords, we shaH abcmr,
bat the puyment of this money did not proceed
him any «uch low motive, as, I may say, is
mcharitably representee] in this Article, but
rom a noble mbture of generosity and com-
Mission *
Mr. Lockmafi, roy lords, represented him-
elf u to undone mau if he had not the money i
le rtrat iuainuated himself among the noble
tTVairta, as a person under the utmost
and the frequent solicitations, which
ut^-ii oirns, are a strong eriJencc of that dii^
when be had trained access lo the Earl,
tlold bis story in so moving a manner, not
pout iiitimulions of some desperate rcsolu*
!»•'&''* '"' '"""^ •" '^^"^ '*' *"■ had not
ey au - rt- com-
h):. _ (whose
I always open to the untbrtuDate) was
I with to order him the mom^y. And
* ¥haf! prove to your lordships, that how little
|i»iblc soever he now ia of so great a favour,
~Lit tliat lime he c xpresstHl himself in terms
pe the mo«t hi^^hly ohliged ; and 1 helieve
I our uitiviftses to lhii9 transsctifin come to
xm mined, they will leave Mr. I^ckman
lin! ' " * 'lips, and will
•av (on of affect-
|any ».i' Ji r.iM.ii III vt\ iiMi MWD^i^ction.
ly Iorii«, the last hrarich of tlu** Article re-
dam! j'^- * I *o he made by tlie
and Case, and an
i .dwards to enquiro
r was likely to be a lo« of any money
iited with Mr. Dormer,
ly 1' Ur occasion and roan -
L «jf ' I and order have bven
evidence we have alrtiady
' f jnd^menii und proceedini(«
'T r titer and the
'_■ your lord-
rilu i rvLKiuioy ^)\^ it Piiui^ sufiidciil fgr
my purpose in aoBwenog it as an instance oft
coaceahiieiit, to observe, thut the whole tritos*
action waa after the aocompts of the Mastsrt \
bad been laid before the committee of council^ J
when it waa too lata, and to no purpose to afieot J
any concealment. f
Aly lords, the last lir*nch of the Charge I
am Kow upon, relates to the making orders for
paying to aefcral Kuitani their whole demand^
out ot the eflects of Mr. Donner, without te* '
gard to thiit jost uroportiou to which the other
Huitors were entitled : aud the case of £ddis-
bury was mtntioned for this purpose ; though j
1 did not observe the genllemea eptered intt ]
any proof of what was done in that Case.
My lords, in proof of this Article aeveial or-
ders were read i but 1 appeal to the evidence of <^
Mr. Edwards, w bather it did not appear, upo«4
hie cross examination, that it was but iu on* J
cauaeonly where the whole money was psiit f
out ; and whether that single instance i% a sufn
Ijcient proof of this Article, 1 must submit i
your lordships*
But, my lords, the true answer is tlits : both 4
the noble £ar1 and Mr. Edwards doubted ti'>li
but that the deficiency would be made good, i
and proceeded upon Uiat erpectation ; nor caa {
a stronger evidence be given (and I desire if^
may be applied to some of ihe other Articles) |
thai they were under thia persuasion, than Mr.
Edwards's making payments without any ob*^
jcction. j
Especially, my lords, when it is considered i
too, that ^r. Lightboun, who was so averse «| ]
ftrst to any contribution, has, in that letter^
which has been read to your lordships, men-
tioned several of his own schemes for making |
good the deficiency. 4
Aud if there was a prospect of making good^
the delicieucy (as 1 humbly apprehend it m\
plain Ihire was,) it was very proper and natural j
to make the orders tn the manner they are now \
complained of. The nature of ordering money i
out of Court makes it imjiassibte the suitort i
should call for it all at once, but the same is or- ]
dered out by degrees ; and Mr. Cottingham's
taking an aasignmcotof Chitty^s order, shews ^
plainly, that tt waa exticctcd eifecls would to
time come in to discharge that, and all oihet t
demands.
1 would not, my lords, be imder&tood by any •
thing f hare offered, as if I intended to dtsputc
the rule of equity that ha^ been laid dowu by|i
the Managers, that where several persons bai «i |
demands out of one cioinmon fund that cai
answer the whole, there ought to bv an average J
in siicb case : but wh&t 1 shall beg leave to i
»iR( Upon is, that that rule only holds plaosi^
whore the qttantum of what is left to auvwer it \
fixed and ct;rtain. (n Ibis case Ihe elTects wert
daily coming in, and and therefore a deolaratioo
of an mcragc where there wss hkely to be oo
** I would nut, in my humble appre-
!i Mve been advisable or proper.
1 litg leave, my lonls, to clos»c my obctrfa*j
clous upon all the Arttcirs relating to the i
cealBMoi of Deruter's dificimcy, wiUi smb*
1215]
10 GEORGE I.
Trial tftke EaH ofMacde^d^
mittin^ it to ^onr lordttiipi' jad^meiit, if the
whole tnoatctioo does noCtpeiik rtseir fo hftvc
been one continaed endetFoorto wciire lo the
saitun their whole dcouuid, and to here
DO more?
Seij. Tr<jh^. Mj lords, the Mamgeri^
when tliejr entered apon these Articles, pro-
duced tn order made by the late Lord Chao-
ceUor, io the 3'ear 17S0, bv which the Nasteis
were obliged to bring in tneir accounts, which
•s ihey diarge 10 hare been concerted with
other Tiews, and for very diflerent ends than at
first appear, we think it will be pitremdy pro-
per for us to begin our defence to that part of
the Charge with a witness who b rcndy Io
shew your lordsbijis the real designs the im-
l^eached Earl had m calling for these accompts ;
and his evidence, we bnmbly conceiTe, will sa-
tisfy your lordftbips that it could beibr no other
purpose than that the Earl might the better
know the true state and condition of their re-
spective offices, in order to find out a proper
method of redressing such grievances as were
most apprehended at that time. My lords, it
will appear by the course of the same witness's
evideoce, that the other order that was made
upon them afterwards in December following,
in as strong terms as the former, could be for
DO other reason or purjKwe than that bis lord-
ship bath assigned in his Answer, that he might
understand the state of the several offioei, so as
to be able to apply proper remedies to the dan-
ger which was then dreaded. All this will ap-
pear yet more full^ from the evidence of anoi-
ther HTitness, who is to inform yonr lordships
of the particular directions the noble EsrI gave
about the manner of bringing in these accompts,
with the names of the causes of the respective
solicitors concerned in them, and also wnat the
several sums first paid in were, the time when
•0 paid in, and also when the same or any part
were paid out again, together with many other
particulars which his lordship tbooij^ht neces-
sary for his more exact information. It will
be likewise made appear to your lordships, how
the Masters were severally consulted with
about this matter, and that the assistance of the
blaster of the Rolls was at length called in.
But all the Masters agreeing, and particularly
Mr. Holford (who had been in the office for
twelve years) that it was next to impossible to
bring in their accompts, as first directed, in any
reasonable time ; then it was, and not before,
that the noble Earl condescended that they
might bring them in in a different manner. Now,
my lords, as to the suggestion that all this was
only a scheme made use of to terrify the Mas-
ters into a contribution towards Dormer's defi-
ciency, give me leave to say it is impossible to
collect the least view of that kind from the evi-
dence laid before your lordships on that head ;
for the Masters who did contribute on this oc-
casion, have all sworn that they paid in their
money voluntarily, and without being any waya
iufluenced by bis lordship*s threats or persua*
•ions ; so far from that, that Mr. Ughtboun
[1216
(the only Mailer who rcfoed eonoarriog la
this coDtribatioD) made no eciicr objection tt
thvt te it, than that the profionl £d not oamt
from bis lordship, bat fnms the ether Maiaen;
for in that case be declared, that, if it had oone
from the noble Earl himaelf, be night bie
had more regard to it, and wooM have takcai
into his eonsideratioB. So that «ve doubt art,
opoo the whole, bat it will ptainly he made ap-
pear to yoar lordships, that the ooostant ap^
otioa which the noble Earl made from tineii
time to the Masti^rs for this porpoae, fitouM
from no other view, than that as sood si k
might be truly informed of thestate of tfadri^
ficea, he shonM apply pniper remedies ta vfaf*
ever abases be should diseover ; and tte »
this was idways bis real ioteotioo, sobe«Bri<
have put it effectually in execotioo, had ks*
remied the great snl so aoon.
Com, Sen, BIy lorda, we ahall call a oitam
to shew, that after the 500/. a-pieoe was pitf,
the aooompCs were called fi>r ; it cannot tbca be
pretended, that this calling lor the accsBpH
was to teirify the Mastere to pay this 50k
a-mece.
The time of the payment of thcee 5O0L was
in Atigust ; these accompts were ealled for ii
the banning of November.
Mr. CoHin^Aam called
Sen. Probyn. I desire Mr. Cettn^biB
would inform your lordships, whether aaj dh
rections were given to call in those accoMft
aboiU November, irsi ?
Coiiingkam, I did in Noveinber, by tfas <-
rection of the Earl, wrila a letter dated Nsno-
ber 7, 1721.
L. C. J. King, Have yoa any draogbl if
that letter?
Cottingham. I have a draught, the osmait-
tee required me to leave the letter with tbea.
Mr. Lutvyche. My lords, we will da ik
noble Earl all the justice we can ; here are Ai
letters.
Cottingham. The first letter is dated Fchs-
ary 14, 1720.
Mr. Lutwycke. Whom is it directed tof
Cottingham, The Letter is directed ts d^
Master, aiul this is the Letter :
" Sir ; 1 am commanded by my Lord Clir
celk)r to signify to yoa, that yoa do, with li
convenient speed, lay before hia lorddap*
accoimt in several ooluBma,
"1. Of the name of thecal
3. The date of the
«. Tbsi*|
leaidv. ij
ibioi0tia|
L w5n.r.
citor or agent.
For what purpose the money v
5. How much was brought m. 6. WIm»
How much in hand. 8. How much on
rity. 9. How much paid ont.
" A distinct Account of the Secnritiei^^
Cause. 2. From wIkmd the secority ii tsk^
8. What the security is. 4. In wMS i^
taken. 5. For how nradi each secority* ^
The total of the several eecorhies ia the «^
r. iBwhoeehaDdiMged.
«« A diftiocl AocooDt ef Monty paidiilr^
12i7J
J6f High Crimes and MUdcmiamn*
A. a ins.
I
Cftiui. 2. Br what onler, nod of what dtito.
5. IWn paid. 4 To whom, — Yoitr very
liumble servant, P. Cottinchaii."
Sir; Bv my letter of ihc 14llj of Febniarv
:aitUd to you my L'lrcJ Chancdlor^
•*liicii wiUf that you should with nil
"oohM i -!>ei*d lay your account before Ins
[of* c metliod wbereol" was lo be in
•i;f era! vjiutudi subscribed at the Ktot of that
l«Uer.) I 11(11 now IhrlUer to acquaint you, thil
'Ilia lordthip is %ery inuih Bur|>i tsed to find, tbnl
if] all tliifi time iici^ULb nccomiit (lalb lieeo laid
b«fure him : and therefore hath commajidtsd
me to tell you^ that it is expected to be deli-
vereii in, (JO or belWe tho last day ofthi^ term.
4&d, if this xa uot complied with, ynu it'ilt
oblige his lordship (thoug'h fcry unwilhuprtyj to
think of (jiher measures ; which I doubt not
t>ul you will avoid, bv4i ready compliance with
^hat ia a f»^cond time required of you. And to
liie ead there may be on mistake aa to ihe me-
fliod of your iiccompting', 1 here subscribe it
again at I he fool of thia letter; and am^ Sir,
your rety humble i^trvani^ P, CorrmuUAM."
To tlie best uf my remembrance, thta l^ettcv
waa delivered to ten of the Alcisterc.
ftlr. Luttrycke. Did you rfad it to them ?
Cottin^ham. No : 1 am ^tm^ m ^\te you an
account. My lords, aci^ordini^^ to a memoriin-
dum I kf*pt at that tune of this iHler, it was
Heliverpd lo ten of the Master*: loMr, Koijltk^
Mr. Hiccocki, Me. FHIoweii, Mr. Lif^htboun,
Mr. Dennet, Mr. Ilolford, Mr, Borrett, Air.
Godfrey, Mr. Conway, and Mr. Lovihonil.
8eri Prohi/n. We desire tliat the second
Ifti lober, 1 7*21 » may he read.
< I The second httcr ia datwl Mo-
vcmbcr ?, 1721. •* Sir, by my letter of the
14th of February last, I aigui(ied| &cc* No.
t^j, Fn*hf/n, By Ihia it appears to be after
tlic *erer»l 500/. V w^rc paid m, the hat 6*X)/.
iiraa pnid m in Au|jruvt bc^forif, M^hieli iihewfc,
Ihrn < re to he <*■ I for no
och' ihNf the su ! I have
anti^t;irni)ii *i», mjwo as A propyl rfUKiJy could
Im' found,
Horn. Srrj. I beg leave to make ooe obeerva-
fioa ; hvt$: h
Mr. Lutn'fu hr. rrilipy have any more ques-
tio«ia to ;• s they may ; the c/b-
ing i , / irdi.
Hayer. i tioiy liei^ jeave to aak this one
lion, to he l>etter informed; the letter re-
rifev.tt i» wriMen by the command of my l*ord
Chan€?f Hor r I wonlil avk, whether m\^ Lord
CU '■ ■ ■ •^:^
^! oe with the
Hoe li.im, in the
WOnl . ■■' ^V' ■ ' uf
•rdcrf - «
VUU XVI
0818-
verolieri^l
of thiH
>f 17gl»B
C^Hingkam, Of the letter of Noverolieri
17'iJ« t have kept tio memorandum ; of th
first letter 1 hate.
Mf, Plurnmr. Whether that letter of 1721
was delivered lo the 3!a«trrs ?
Cottingham. I hehvve it was.
Mr, Plummn , Then I desire lo knoir, if the
Masters did dehver in their accompls ?
Cottinghttm. 1 donH remember they thd
Mr. Fiiitnmer, I deaire he may be aaked, i|
afVer ihiit time that the 5O0/, was paid in obedi
enc^tp the first letter, there vias Mfterward any
other demand made upon tlie Maatera for moh '
money ?
Cot^^nfiihmm, I know of »o demand madi
upon thiin, except the 500/. a -piece.
Mr, PItifftmtr. 1 tlesiie he may l>e atked,
he doth not remember 1^1 rs. Chilty'a affair, aii<
if that waa not alter 1721 ?
Cotiinf^ham, The business of Mra* Chtttyi
waa but in July laat,
Serj. Pengilly. I deaire he mny be askeit,*
whether, amce no accompt was ca)l(*d for after
ihiii hi»t letter, whether he did not underatiinri
the reaaon to he, becauie he aiipreheuded th#-'<
Maatera would make good Mr. Dormer^i deH**^
cieoey ?
Dr. S&yer, My lords, I submit it, whether
that question ta wateri^it as to what hi«iappre-
hen«oo was; your lordxhipa are judges only^'l
upou eviilenccof fuct,aad not upon hist thoughtf •
01 ■ ' ' \. iki^ionaf
jL:e%- W^hy were not the accomptif
c iterwardsf
71. 1 really can^t tell the reason
^ >. i , , . , ii^ eUy , \ V i I ct ht* r h e acq i » ai ti ted my
loni MacclMfleid, that the Maatera would mak«
good the delicienoy f
Cottingham. 1 told yoor lordships I did. i
8erj. Pengelli/, Therefore 1 d*<»ire he may
l>eaj»ked, whether after that time he received
any orders to aeod to the Matters to give in
their accompta?
Cotlmgh{*m. 1 ctii't apeak particularly 4i l^l
thetimea.
8erj. Penggliy. Whether thoae other mem^
sureM, intimiiteif in hts letter to !>' > ' '^er«
not signitird to him by nty lord '^' ilto
be, that the cash al^uld hu taken um ui iUair
hands ?
Coiiinghttm, My lord enlled me into hii
study, and directec! me to write this iciU:t- ; all
he said was, he wns sorry that the Mnfiter* hail,
not brouf>ht m their arcompU as he required,
aoii timt if they did not brioi^r them in by tho
la<it day of the term, he said ho wouhftake
othtfr jiieasurea : roy lord did not aay to me
what those other measures were, whether it
wa« to cuake an order in firrm, siid then Um
ahould expect they would yield ohedienre tcr
it ; all the E»«rl lolil me wna no more than to
write to the Mi>s ' !»e would lake other
meujiurea ; what i i mensure** were, I
do not know; but * ii|»jnrhendeil it to lii» an
order hit lurdi^hip would make for obliginf;
him to it.
Mr. SmiL f deiiro be may he asked, wht
ii
1219]
10 GEOllGE I.
tber he did ftot bhnself appreheii4 by those
other measures* the Ukiog the mooey out of
the Masters' hands ?
. K. of Mace. My k^rds, I submit it« whether
aouestjqn of thtskiod is pK>per; he hath been
asLed what those measures were ; he hath told
your lordshifM that he koows uot ; but he has
said what be apprehended they were ; if now
any fact occur to him that may give reason for
apprebendiour otherwise* let him acquaint your
lordships with it.
CoiUngham^ Your lordship said you wouki
take other measures; what 1 apprehended
- was, your lordship would make an order io
femit if they dM notcomplv with that letter.
Dr. Sayer. My lords, I beg leare to ask one
qjuettioii: whether the Masters, after this letter
was brought to them by Mr. Cottingham, did
not represent to him the difficulty of making up
their accomplsf
Cottingham, There were sereral partioolars
ipention^ io the former letter, there was the
causes to be named, &o. Some of the Masters
teM me, they had not kept their acoompCi so as
Io answer ail the particulars io the letter; others
said, it woukl take up a great deal of time ;
others that t)ie manner required was Tery diffi-
Ottlt and tedious, and that it was almost imprac-
ticable, so many items were cootainwl in the
letter, that they seemed to aay k cookl not be
dooe.
Dr. Saver. I desire he may be asked, wke*
tber he bath any paper of the method of ac-
compting required by the Committee, that his
majesty was pleased to direct Id look into this
mailer?
CoUingham. I hare not ■ copy of it here.
There is an original order, if the Masters please
to produce it, 1 left it with Mr. Lightboun.
Com. Serj. If the gentlemen have it, I hope
they will produce it.
Cottingham. The original onler is of the
drd of NoTember last, which I left signod by
the Earl.
C. of Afocc. This win come more properly
under another Article: the gentlemen, the
Masters, will tidce care to look it out that it may
be ready by that time.
. Cottiugnam. My lords, I have now fouud
it ; I can't say it is a trae copy, dated the drd
of Norerober, 1724, ai^ed Maoclesiield, C.
'* Let the several Masters*'- — ^Am I to read it,
tny lords ?
Mr. Lutwycke. What, Uie order of the 5rd
of November last ?
Com. Serj. This order cannot rebte to this
matter. We are now upon tlie second letter in
17 2 1 . The letter is framed iu so strong terms,
that it can't be supposed but the Earl was very
much ill earnest, and it can't be insinuated as if
intended to make the Masters comply in the
afiair of Mrs. Chitty aud Lockmau, because
that transaction was but in July last.
Ew of Mace. I desire, my lords, to go a iittk
back again, upon recollectuyg, that the queiitiott
tlie honourable Alannger was pleuMid to askf
about bi« i^iriog mean A<ifi0iuU1iiftt the Masters
Tri^ qfthe Earl tfMaccUt/UU, flSSO
would make ^rood the deficioiieyy ctnies an in-
sinuation, as if this method wero diopped upon
it : I desire he would inform jmn Midships,
whether he can be sure of the exael tiase^ whe-
ther this was before or after November, 1791 f
Cottingham. I really cant be finre of the
exact time.
£. of Mace* How near was it to Mr. Dsr*
mer's going out, and Mr. Edwwda^ ooBia|
into bis office P
Cottingham, Mr. Edwards came m in May,
1731. It was near his coming in.
E. of Mace. I denre to know, whether roe
can recollect the time yoa did tdl me of hf
Whether it wasafter November, 17S1,orbef««f
Cottingham. 1 several times mcntiooed it to
your lor£hin before November 1791, n&d I be-
lieve several thnes after ; bot that 1 caoMt
certainly ted, nor can I be particular to a day.
E. of Mace. Did yon ever bear of it bem
the 500/. a-piece was paid ?
Cottingham. No, my lorda, it was after %v
had paid the 500/. a*piece ; but, my loidSi 1
don*t know that they agreed to make good tbt
deficienc3|[ ; I o^y told my lord I thoagfat thej
intended it.
Lord Trevor. He hath proved two letlen
aentbytbedfavctionofthenoUo Earl. Asts
the first letter be kept a memoraiiduB as laths
time, bat no memorandum of the oeooad^l
would ask him as to the time^ whoi the Mat-
ters made that represeotatkio of tlic difficalM^ if
giviiM^ in the accempts, whether it was belMf
or alter the second wHer, or betweeo the flat
and the second letterf
Cottingham. To both the letters Ihey sti
made a representation of the diffknilly.
Lord Trevor. Theo I deare to ask oneqoe^
lion more, that is, whether after the repreaeata^
tion ^made after the second letter, they owaed
that they had received the second letter?
Cotiingftam. I verily believe that the secoa4
letter was delivered to the Masters, as the olbcr
was, but 1 kept no memoranduma of it ; I voilv
believe the Masters bad it ; 1 can't tell ; I isik
it for granted they had it ; I trusted one of sij
clerks with it to take a memorandom; lea-
quiix^d after hiiu ; he hath been gone from bm,
and i can't find him out ; I verily beUevo it i
hare no reason to doubt but 1 gave it ; the
Masters know that
Serj. Probyn. If Mr. Holford is called, bs
will explain it ; on liia crass-examination bt
admitted a second letter was aent for him, aad
left iu the public office : that appeared an hif
cross-examiiiation.
Mr. Strange, it might not be improper (tlas
letter is before the honourable Managen) la es-
quire if they had it not from aome of the Mmr
ters?
Cottinghum. No, they had it from me.
Mr. HbjTorc/ called.
Seij. Probyn. I desire he wuif bo adfasif
whether ho had not any notioe of Ibo lallvli
November 17fil, wherdhy Ibe
obliged to hring in their ecooMyta f
IKl]
J6r ttigh CrMtt <
^
I
Hotfitid, Ifuleei), my lordi» t do not r«*
member tbtl letter.
Si^. Prt^^n, I desire lie may heiislted^ ^ht-
Iher ue r^membcrv a vecoiid letter abmit ac-
comnlflf
Hidfotd. Wlietfier it was a letter or a tn pa-
ll^ I oannoc icU ; but Mvrero ibc ftrat ac»
com jit in February If SO, and the last in
November last, I waa calltfd unon to at^ompt,
and had frrrpired it; but ihm sec<»nd tetter
dated in November If SI, t do not reinenilitfr
•ny tbiofcofit.
Serj, Ptvhn. Hoir long^waa italWrlhepy-
men! ■* .Im -^CJO/. ?
Jf I was a If nod *»bife After,
ht'ij, 1 ', ^ijtt, Tbat ia all we contend for,
Hi^ord, i belieire iMtt above a year before
tbelatt.
8erj. Pen^. I deRire be may be afiked^ irhe-
iHer aHer this letter, mp|iO!»edlo be in Norem-
ber 1721, bis Bccomjd waa ever demanded of
Mm?
Half or d. 1 did defifer to my tord an ac*
vomptot' Norember tl^X ; and i think a yemf
before Nofenibcr last, in pursuance of either a
letter or a meaaagef I don't kno^v which, my
ford ref|Qirrd an account ; then I delivered an
•ircoiiiit of money, not of tecurilies in my
fieij. I*eii^. Whether that was an acconnt
in |itJi«tiAnee to that letter, demanding^ and ro-
^niringp it of him ?
Holford. Not as I know of, indeed.
Mr^ Lutvi/ch€. My lords, ai some mention
I hatb been made of it, I lltintc it niav be proper
to know what hecati aar to it, whether he ever
fromiMed to make good the deficiency of Mr.
I lionner f
Holjord, I never did, my lords*
Mr* Cditingkam cat led aj^aln,
Seij. Prohyn. I deaire be may inform yoor
llordihipB what ba knows in re la i ion to the jiay-
{tntiit of tlie 1,000/, to Lockmon, and what
oDveraatroo be bad with Mr. I/Rkman ?
Coiimgham, About the beg-innin^;' of Ju!y
^ 10 the l»ett of my remembrance, M r. Loek-
tokl me, that' Mrs* Chitty had an order
Mr. Edwards the Master to pay her
1^000/. Tbat ahe had been with the Master
but could not get the money, and tbat be had
nke to my lord MaectesAeld about it, and the
fl had uromised to apeak to the Master.—
^^be desired me to aneak to the Earl con-
rjt: I promised I wonid, anda<cord-
idid V heaciit me to the Maater. When
mme to hinif t spoke to him of it ; he said
be Had no money ; I informed the Ksrl of it ;
[ih« Etrl taid be oonid not lell what to Ao, I
infmmed Mr* Lockmin of It; he *ieemed to be
tinder thr jfrrfticst concern, nnd said, W be bad
ti^it tlie 1«000L bf^ was nndoue; be was going^
to marry Mrs* Cbitty, and Mrs. Otntty woutd
•Of marry him, nnlesa his debts wertf p«id, and
ah« had gtren him this S.OUO/. to pay hia
04 bad compottn4k4 bii «Mtft m lie
A.D. V^S. [1292
repeated It orer and over again, that if this
1,000/* were noi^taid, tie was umlone*
I have not seen a gentleman in a greater j
distnejit limn he appmred to be j on which I
totd him I if he woutd please to have a tiiite na>
tience t would c<itf*ider ihelhin^^ and sre wh«| |
cotitd be tlone, f did consider it ; and it cuivm ■
into my mind that Mr. Lij^httioun had not p*iid
liii !>6ol I aequuintt'd the Earl with it, fcod •
ftaid Mr. LightlHion had not pnid his ^0{U and
if he could prettiii upon Mm tu do it, I ihou^^ht
it would be eaty to e;vi 501. a piece of tlie olner
i>la!(ten, and (hut would do.
By ttie Eaii's onter, 1 attended Mr* Li^ht-
boun, and toM hini ih«it the Earl expected him
to pay his 500/, hut I could not |^cl a penny
from him ; so he r^ru^in^ to pay tlie 5004
that proposal o(* the 60/* a* piece dropt : I ac»
<)uainted the Earl of ihia ; be said he could not
teh what to do, ] ac«|uainltHi Mr* Luckmani
and told him 1 had done all that wan in my
power to do ; and tbat it vias not to be done,
unless be expected 1 should pay it out of my
own pocket, which I was sure he could notex«
pect : when I told him that, he said, I am uo^
done, Mrs* Chitty wilt not marry me, his royal
highness the iVmcc of Wales will not juotcct
me, my creditors hi tl throw me into u g^aol^
there 1 must i^ot and &tanre. He madeu>te of no
many cxtiaviiKant expressions, and was usuier
tliat pain and B|rouy oi mind, that I apprehend*
etl he iKould do himself a mischiel. ( eould say
nothing to it, I bad done alt for an unbjrlunate
gentleman that poatibly 1 could do* Two or
three hour» after this, when 1 whs at dinner,
he came tn me agrarn, and told me the Eai l
wanted to speak witli me immediately ; he
begged of me of all things in the world to ^ :
on that 1 went to the Earl. The Enrl wag
pleased to send for me into an inner rmm, and
said, that he was teizefl out of his lite by Mr,
Lockmnn ; I told him I wa« so too, I had no
r*;8t night nor day for him ; 1 tfien represented
to the Eurl his own story in snhaiauce as he
had told mp. The Earl said he was sorry tc»
find Mr. t^oekman brought tu thnt state and
pais. J told the Eurl I wiwalniidof the con-
set;! nence, 1 did not know what a despairing
man might do, he seemed to be in the utmost
despair* Upon that the Earl iiidered tne to
psy him the 1,000/* and said, he would pay it« j
me acaiii. When I suw Mr. Lockman, I lol<l
htm 1 had now received or*len* !*> pay him ; I
had not the money by m«, but he shoo Id har^
it in a Httle time, tlirre or fonr duys would
break no ^^tjuares ; he aaid, I am satisfied, pro-
vided it is paid. I said I bad it not by me, I ^
must liofrow it ; 1 did so ; atnl on ttte 3oih or ^
Jnly I piiid him the l.OOOf. I thmk it wa^
throe or four dnys after, he usked me what i
ward he should gi?e me j I lold hmi that hi|
tliatresa wuh ao great Uhat he shr^uld not gtv
me any reward ; I would not take n penny
him ; and I ne%cr had the f aliie of a d»ah
coflTee of him ; I p?«Td him thf mo!>r^\ I l>r»f
rowed it for thai l Mr Lock!
maDi U ftpp«faia u j ip^%v<
ims]
10 GEORGE I.
Trial of the Earl o/MacckfJtM,
[IfS(
Iresa, I will borrow the money. I did borrow
the money, and paid interest for it, merely to
supply the ffentlemao.
Serj. Frobifn, I desire he may be asked, if
he knows of any other sum of money demand-
ed by Mr. Lockraan after this l,OOoi. was thus
ag^reed to be paid him ?
CoUingham. After this money was agreed
to be paid, and, I think, the same evening', I
received this letter ft^m him, which any gen-
tleman that will mav read. (The letter read.)
Signed Lockman. Slonday evening.
" Sir ; , Monday Evening.
" I am very sensible of the favour you have
already done me, in promoting what my lord
in so affable a manner was plmed to promise
me, which kindness I shall gratefully acknow-
ledge all my life ; but as there is so great a ne-
cessity, 1 hope you will pardon me the sooner
in being once more troublesoroe, to beg of you ,
to remind his lordship of letting Mrs. Chitty ^
have the other 574/. which my lord was pleased \
to say we should have, and without which Mrs.
Chittv, who hath neither out of Chancery,
nor ner estate, received any money this
two years, cannot spare me the whole 1,000/. ,
As my whole ease and quiet depends on your
kind assistance, J must b^. Sir, once more to
use your interest to let us haw it On Thursday
afternoon, between four and Ave, when Mrs.
Chitty intends to wait on you for the other. I
shall be very proud on all occasions to shew
with how much gratitude and esteem I am,
Sir, your most obliged humble servant,
" A. LoCKM.\N."
Dated Monday evening, no other date. My
lords, upon the receipt of this letter, the very
same evening I laid it before the Earl, 1 told
him that it appeared by this he wanted 570/.
more. The Earl said he was very much
surprised at this gentleman's sending such a
letter, he did not know what he meant by 570/.
more than he promised, and, in short, told me
he could advance no more.
Mr. Sirange. 1 desire he may be asked,
whether he had any discourse with Mr. Lock-
man, relating to this 570/. after this letter ?
Coitingham. 1 had a discourse with him
some time afterwards about the letter.
Serj. Frobifn. I desire to ask him, whe-
ther, after this letter, Mr. Lockman came
to know u hat answer he would give him ?
Cottinghum, Mr. Lockraau came on the
Thursday fullowing, being the dOth of July ;
Mrs. Chiity did nut come : and then I tohl
him that ( had received his letter, and had
laid it before the Earl, and that the Earl under-
stood not what he meant liy it, that this was
a growing upon him, and be would not pay
a penny more ; 1 tliought he had been very
generous to him, and 1 told him, 1 wondered
what he meant.
Serj. Prabyn. I beg leave to take notice,
and your lordships will please to recollect, that
liocknian bwore he never made any dvmaod of
My money benitai the IfiQQt.
Mr. Lutwyche. That is to be obacned whca
the witness is examined throogbout
Seij. Frohyn. 1 ask whether Mr. Lockman
did petition my Lord Chancellor for this sum of
money ?
CoUingham, I don't remember Mr. Lockmai
petitioned, 1 believe not.
Serj. Probyn. Or Mrs. Chitty f
Cottingham, Yes, Mrs. Chitty did, beftrt
the payment of this 1,000/. as I remember.
Mr. Lutwyc/ie, Was there anv petitioo pn-
ferred before the payment of the 1,000/Lbs-
cause the money was not paid according lathe
order, which I think was dated March 17|
1723 ?
CoUingham. Yes ; I told you so belbre.
Mr. Luiwyche. 1 desire to know, wbelkcr
there was not a general meeting- of the Maitcn
before my lord Macclesfield ordered bim to ptj
the said 1,000/. to Mr. Lockman ?
CoUingham. Yes, there was. .
Mr. Luttpyche. Whether it was not after ibi
meeting of the Masters, when it was pvopssri
to Mr. Lightlwun to pay bis 5001. aod ifai
others 50/. a-piece ?
CoUingham. Yes, I believe it was.
Mr. Plummer. Mr. Coitingham hatb given
long evidence, he hath told you on the applici-
tion for this 1,000/. he recollected' that Mr.
Lightboun had not paid his 500/. and if he ooaid
get him to pay his 500/. and the other MmWff
50/. a-piece, that would make up the 1,000/.
The question I wouki ask is» if Mr. Cottiogliiai i
had then any orders from the earl of Maockf-
field to convene the Masters? |
CoUingham. No, J had then no orders. Ti«
first order 1 had to convene the Masters to-
gether, was on a Monday before payooeot if
the 1,000/. as I remember: Mr. Edwards wai
then at my lord's house, and my lord ordered
me to speak to him to convene the Masters;
and they were convened, ami came to nj
lord's house that evening, as 1 was told, hut
that was afler the money was ordered lo te
paid.
Mr. Lutwyche. I desire Mr. CottingbsB
may look upon that, and tell us, whether it ik I
hisliand.
Coitingham. This is my hand (radi.)
^' His lurdKhip can do nothing in it at pmeitt."
Mr. Luiwyche. Do you remember any tbisf
of this petition being offered ?
CoUingham. Yes,'] do remember it ; it iia
Petition of Mrs. Chitty preferred to the EaH,
to be paid 1,000/. This Petition came to m;
hands ; the Earl said, he could do uotbuig mi
it at present, aod this order writ u^ion it is noj
hand.
Mr. Luiwyche. Whose Petition is it:
CoUingham. The humble Petition of tbe de-
fendant Elizabeth Chitty, Mrs. Chittys Pe-
tition.
Mr. Lutwyche. What is the answer wiil
upon the hack ?
CoUingnam. ".His knrdsbip can do nothiiV
10 it at present.'*
Dt.&^$r. WcappmlMBAUitori
far High Crimti and Miidemcanms
A*D. 17^5-
[1S28
to litr« Uiif meetings cleared. I ilesire bt" may
licMkf^, wrlivther lie knows of any meeting of
I |Im? I Mastcrgt kemI wben, and what was done
^ Co^rtn^'^crm, Y«9» Ut«re viat a meeting' thai
CYrotngr, but I was not prirf eni.
£. til' MaccUsfteU, By the i|uestion« tbey
have atkeili they bare taken it for granted as
if be knew what was done at ibat meetintir of
m^he Masters ; I desire to kno^r, ivbelher he waii
|HBrcAent or not at that meeitnt; of iJte Blasters ?
^F Cof /'>»'"''"' 1 was not ; 1 naid an |j€fore«
£ ' 'tcld. Then 1 tliink he says the
y <> r>r ill is money wui oo the 30Lb
Juf '«» Ye».
E. ' I . What day were the Mas*
cahe^i ti|H»ii to meet ?
Cifitmgham, i ciin^ be po^itirei but I Ibink
IheMondAj bt;< < nloribc l.OtM)^
aiceiia|f ot tlie . 4« bctwcca the
T and iiayioeotof the uiutiey.
Mr. lUammcr. 1 beUeve there j» a mistake in
ia matier; I desire Ut kuow of Mr. Oottinir-
whether Mr, EdwanJs wo» not by when
acquainted the Earl with this dematal, and
'op«»ed 10 him the method of po} iutr "t by
Lt"»H» ^'^ 500/. and the other Masters
Ca/<iTi^Ae«}ii. No, no,
\ desire it may lie cleared
ieii, auil ^ s if IMr. Ed^urds was not
ben ti» I. led my lord Maccle»fidd
Uie deinaod oV tlic l,CH)oV. ?
CoUmghnm. Mo» Mr. Edwarda waa not by :
wbt^n Lhia 1»0CI0/. wasdirei^ted to l>e |>aid, Bflr*
l^ldwardH waii in the lu>uie, hni tJie Earl did not
htm ; when 1 apokc %a Mr, Licrhtboun for
600/. it ^vas only belwin-n Mr. Lighthoiin
^AIr« Edwarita \v%% \n the house when
»ke to me, aud orden-d mv to epeak
Td wards to convene the Maalera (a-
iher.
, Pengttltf, I d**^'" *»'' TTT-- hs? a«;ked,
the 1,000/. he mmle
^poiial to mv U»- X i ., :_ a .1. ihat Mr.
Ptm^a 5CK>2. and the otiier Majiteni 50/,
f|»ay it?
CiiUiu^ham. The itiotioy waa piaid alW«
,i)rd«, I havfi told you so before.
Scr). Vcngtily, Before the 1 ,000l. wat paid ,
Ifbelhrrdid not you hear that the Maaterv had
ta adraiiG^ the tonber aum of 50L a -
Coiiingham. Yes« \ told you so )»efi»re, that
it^ i^tfhtboun wouhl not pay his 500/. so the
ber M^isler^ ilid oni puy (heir ^0/. a'pirct? ;
\ waa stittie time before tlie payuient oi tlie
Mr* Klphimtonc catted*
Mr. Strange, My lords, we desire Mr. El-
one lo Lf ivr vnnr lordships an accniint of
l^h applicfttionof Mr. Liick-
h4Jttton€, My I Lodcmnn and
I Itad conrersau i r brfore hi* re*
ITS the 1/KX)/. upup tho Mt count of l^lrs.
" ij^ He toid me oftca thti he bad com*
pounded hii debts with bis creditort^ and if he
r.ouhl not receive the l^OOo/. ai^dinvt a rertain
day, on which he had en|fH|*ed lo pay it, bt
sbouid be ruined and undone ; and some timt
al\er he t^dd in«, that hU crnlitors had bern
witj) much difiicuhs ' ' i to ^ive him soma
few days lon^fer fui ( the t onjpo«»iuoDt
and that if he huu n not ii»en he ftUould be
ruined and undone for ever ; swcuriog by the
ble^acfl name of God, that that disuppointmeot
would he a meaus of breaktog oGi tlie matcb
uiih the lady.
Serj. Frohyn. Go on*
Eiphimtane, I canH be posilire at to the
day, wliether it was the same day that he re^
reived the 1,000/. or a day or two before ; but
I tiien heard the nuble Karl declare to him,
that in pity and compas<>ion to his circum«>
stances, andf the great difficulty he then talioyr*
ed under, he the said Earl had given directiooa
to Mr. Cottin^ham to pay him liie 1,000/* nod
' about two hours alter* or something- more^ Mr.
Lockman came to me, ami with abundance of
joy ttdd me how much obliji^ed he wati to the
ntible Earl, for that he had relieved him in his
circumstances, by giving Mr. CoHmgham or-
ders to pny him the 1,000/. He i»cemcd to
express this with an uncommon pleasure, aud
i\H\ nm at all doubt it would be a^eeabfe to
persons of the highest distinction and character
lu know it, and that he wouhl make them ac-
quainted with it. My lords^ I think it was on
Friday last, in a conversation with me and
otbem here in the Painted Chamber, he de-
clared he wouhl rather have (riven two or
three hundreti guineas or poundji, than have
been examined on this occasi<ju ; and aaidi
Damn it, u h»th happene«l, through a silly
word or two I diopt to the solicitor on the other
Hde, I asked him what it wu^ ? he said, it
was his tellinii' him he had received the 1,000/,
fur Mrs. CJhitty, hy the noble EarPs direction.
8erj. Prohyn. AfltJr litis money was paid,
whether he hath hod any discomm; with mm,
and vv bet her it was owned by bim that it was
out of the EarPs own pocket ?
EiphinUone, Ves, loauy a Umei and tritb
If real re**jiet.t.
Mr* Ptammtr. I deiirc the comisel for the
noMe lord may explain one thint;: J think th#
w itness said, Mr. L^ckman suid, lie boil rather
i^ive two or three hundred pounds than have
been examinetL Whether the witness dolh
ttfipreheod by what Mr. Lockman said, that he
c«miH an unwillinjj witness ?
Elp/tifiitarif., No, my lordf, I did not say
that Mr. Lockrnua was an nnwiJliTii^ wiinesa,
but thuc he told mo and others, he had mthesr
have ^iven two or three hundred ^uint:aa or
(lounds, than have beeo examined on tbla oc-
catrioii.
S n» We nball ifive your tordshipa
no i icience on thi« Aiticte; we shall
now |»rtii:cie«l to the Seventeenth Article; which
ciiarKes the carl ui' Mscck«tield, that* iu order*
io conceal the deficiency in Dormer^a offior,
aiid to prereiit any [»uhlic oii^tury^ U^ 4a^^
I
iserj
10 GEORO£ L
Trial nfiheE&rt^Maedet/lddf
[1S2B
from time to time, in vioktion of the tmel re-
Doeed in him, make orders on Mr. Bdwtrds
nr pttjrroeot of the money helon|^n|^ to leveral
]«rtoeular foitort, which had Seea lodged in
the bands of Mr. Dormer; in obedieooe to
which orders several tarns were paid, without
regard to, or consideration of the preoortion
whidi the rest of the suitors were entiOed to,
ont of the effects of the said Mr. Dormer,
whereby many of the said suitors lost the
benefit of their proportionable share, to which
in justice they were entitled.
The crime supposed in this charge is denied
by the fiarl in liis Answer ; he had no certain
knowledge what Mr. DormerHi estate would
come out to be ; bnt he was under a full per-
giiasion that effects would come in in due
time, to make full payment ; and that the only
reason why they were not paid in an arerage,
was because no application was made by any
ef the suitors for that purpose.
Cam. Sen, As to the Serenteenth Article,
your lordships obserfe there was a full per-
suasion both in the noble Earl and Mr. Ed-
wards, that there would be sufficient to pay
STcryone; besides, I think he himself ma<ie
not abore one order, not more than this one In
the case of Chttty ; your lordships will please
to obscrre, fiom the evidence of Mr. Edwards,
that the noble lord who made these orders
was firmly of an opinion, from the accounts
he had received, that the deficiency would
be made up, so iikeifise Mr. Edwards was
then under the same persuasion : we shall
rest it here that it was no manner of fault under
these apprehensions, to make such an order as
that was.
Mr. Robins. If your lordships please, there
Ts in the close of the Sixteenth Article a decla*
ration, supposed to be made by the earl of
Macclesfield, then sittintr in Court, I hud the
honour to be in Court wbeu the declaration was
made: as I had the honour to be in Court
at that time, J apprehend that what he said
was—
Mr. Plummer, If the gentleman speaks as
counsel, he stands in a proper place, but if he
comes as an evidence, I bei^^ he may come to
the bar and be sworn; I humbly appeal to
your lordships if it is not proper.
Lords, Ay, a^.
Dr. Saytr, H the gentlemen think it proper
to insist u[ion it, the gentleman is ready to be
sworn.
Com. Serj, The gentleman's chai-acter is so
unexceptionable, that we hope the learned gen-
tlemen will not put this difficulty upon him
of taking an oath in a cause, wherein he is
counsel.
Mr. Piummer. My lords, I insist upon it,
because then I shall have the liberty of askincf
some questions, which I apprehend 1 hare not
now.
^rj. Proftyn, My lords, we submit it upon
the evidence that bath been already given, he
himself did dedare then, when it oune hiibn
hiiD regularly, he wmikl cammiM iito it ; and
the firet opportunity thii
jadgmeot, he then pot it
accordingly referred it to
proper measures were
«
Cam, Serj. My lords, we thnlly #ith yes
k>rdshlps' permission, now prooeid to by
before yon what we have hnmbly to ofRr m
defence of the ttoble Earl as to the EighteaA
Article. Tlie charge therein oontAiMd ii is
effect, that though the Earl knew, that tte
Masters of the Court might and did dispQiso(
and traffic with the effecU of the suitors; lai
though proposals were made for remtAykgi
it, yet the Earl neglected to enquire iaisllt
acoorapto of the Masters, permitted, ma4 a-
couraged them to employ, and tniffic wilh4i
effecto of the snitots, and took no cart ikt
those effecta shouM be phiced out, bs lifi
prevent such practices of the Mastm, erM
they should give such security te was JK^
posed; afid this is charged to be done wi&i
corrupt view and intention of making aa m*
lawful gain by the sale of those placea, and ti
keep up the price of them.
The proof of these miuters depends cfliirrif
upon the testimony of Mr. Liyhtbonn, Mr.
Iiolford, and Mr. Kynaston, with tbt parti-
cular repetition of whose evidence, I sIim aH
presume to trouble your lerdahrpa after ii
much time has been already spent; but Ml
beg leave to observe upon the whole, that ihm
is not the least evidence to aqpport tlmt peit d
the Article, whereby the Earl is charged viA
permitting and encouraging the tralBckng vHb
the suitors' effects. So fkr firom it, mjmif,
that the <juite contrarv appears from the eri«
dence which Mr. Ligntboun has given opM
this Article. He has informed your Mid-
ships, that when a proposal was made, ■
order to the making stood the deficiency is
Dormer's office (which the Earl bad eoa-
fessedly so much at heart) that each BfsMef
should out of the suitors' effeCto iu his banii.
place out a sum of money, the interest whcrtii
should be applied for that purpose ; the Eiri
would not give the least countenance to thai
practice, by coming into the proposal ; but is
plain terms declared, he neither couM aer
would give any encouragement or direction fo
the disposal of the snitors' effecta, for saj
other pur|iose than their own benefit.
My lords, the gentlemen of the Hoose tf
Commons are so sensible of the defect of tbfir
evidence as to this point, that they seem sol
to rely upon it, but are forced to fly to iropfi«
cation for assistance ; and your lordships art
told that this part of the charge is a coose-
quence of the Earl's not having taken care tbit
the suitors' effecta were so placed out, as is
put it nut of the power of the Maatcra to wM
snch an use of them ; and that this ncgleet
amounto to a permission and encourageiae^
to the Masters, to dispuse of and trafte niih
them as they have done.
My k»rda, if thia part ef the MUk ktaht
J^ High Crimtt 4nd Mifdn)M9tort.
A.D. irtS.
[If an
dei
ii would be to adtuii aacli iivuai«iii»ti%i: evi-
deorc only as a proof of il, und 1 ap(ireticml
I octnl not trouble ^oot lordthins witia ^amjiog
#ny tiling more to it ; tf ii U to lie loo4«d a^on
•fl ■ c<ifi«r<|u<'uce only of sviins otlier ptirt of
llie cbariirt', as a miscltief &rikin|^ frum lite
Aegkct uf putting those cITccU uf the stiitoc-s
iQi i>f the power of the Matters to make 8«icb
of them, I Ain tomethinK ai aloBA to knowt
tvby it i« matie a distioct, icIfjoiraUtmf;
iCban^ ; it in:iy |wi-hap9 by that ineanii awcti
we hulk of the Artirle, hut wc humhly s^ubiiitt
It to your lonUUips* considvraUuUf whether tl
•i all lacTi^nHPs the weig:ht of it f
%ly lonU, ihe diar^e in thia Article ia not
Ibuuiktl upou a hnrc neglect of tlie Karf, u^ion
»■ oiniviit)!! only of Joinor what tt ia ooucelved
lie ou^ht It I have (lories for the preveotioo of
iliia iniMbehavioiir of titc l^iaaiera ; that per-
' ^|»B wa» thought too alight m ground for an
rticle of an uii(>ea€hifwtil, eweciaUy wbea
m neglect here complained>of doet not cooiin
fUi the not redres«iin|f any nartlcular grievance,
1|iOitiited out hy the complaint of any of the
liiuiiorK of the Courts hut in the iiot making
•Herat orders for the reformation of the Maa-
PerhapH, my bnla, it might be thought,
^thftl aQch a charge wodM have heea suffi-
omiiy anawered, by alleffiag^ aa the truth ia,
lltat the Momera hare only Em coatiotied by
i |b« ^aH in the fiam« degree of trual and power
110 vvhich he Ibund tbeut, and with which they
I wert mveal^ long belbre be preiided in that
[Couri: it fimybttiM^^ my lerdt, it cni^ht W
deredf horn wide and daagfliwjf a iield for
•diinefita uid other MApeulioiis won hi
k been opened, by ma King it criminal in
^ one wno bad tlte superin tendency of an
I, htl^y to iMglectf or omit, the introdttc-
_ Micli ttMv getwrtl ordaf* ftnd regalatioita,
MMsmed lo carry i probakifity of prerenting
Ui« abu-^a of the umAtt miajjrtera of auch office;
iQd therefore it ia, rny lorda^ aa it may be pft^
•tuoed that lite Earrsi behaviour in ikia Mapect
Ml iJlegtrd to be fraudulent, and ui^uat, and witb
%0 iuteutioil of ouUttng untnMful gain to hi w-
petf, liy the diafoael of tbn^i: olikes, and m ith
■ p corrupt f iiw and iiit««ttoii to ke^p np the
[yvic^ of tlieiQ : ae that it la not muiaanesa, oi-
^tgen^ lliat the Earl atandji here accuaed
bat friffdandcorruplitm, and ii^ this iu not
de out, we tnnat humbly submit it to yoar
%lli{Mi* judyiiMiBt, wbrther or uo thia Ar*
I doea oof fmlj to the grotiod f
But what proof, what evideoce hit beea
I fbr ibat (nir^Ki«e ? Nunc, mt fords, that
nbcr; '
tit, by w
avtng maife tia^ of propcf ejrpeUiuit't U»
nt thW ill ptatdicet the l^ioatcn, by thai
wcTC more at liberty to make a pro^
oif&of tlietr AlB^-nit ^bii^h fur UiM rrason idd
ti kigkf: re the Earl imitl
lie gu'l).^ '^h that liew; a
i»(tbuu^ii uu" 1 Irulrrdl
la ibi jKWpcct uf •: wetUta
at t» tempt $0 nrrtrngly^ And are there tm
other reaaona apparent why the Earl ahonjd
defer hiii regubuons in this matter F I itt**^
itot put your furtl^Uips in mind of the great
MHoertMnty of % oontiunance in that high {Utit
alippery) ataliotk : and a« the profit aii4)poaed to
be in Tiew, dependa upon the death or aHoiie^
tion of the HaMcra, which aonietirnee do not
happen in a longintervul of time; when thit
uuc<riainty iaaddiedio the othrT, I apjwal to
your kurd^hlpa, wbdlier it cao bf euMJy ijiia«
gined, tiint uny, e?€ti the onv^t $rry*^1 y fKMnoo,
aJlowrp^ bjin only to be in his wost^^ could i>e
pr^vniWfl upon to baycoid hi<! r^putattoti and
<)uiet, ULK)nt»ufh distant, sy' 4i hopea ;
eapecially my lords, if thcii^ ■ o hmridt
a coucluidon he excUided^ i>y iis dt>pearifig
that there were other matters wbidi niem
proUiklily enough be the reason, or i
the E&rVu not immediaiety entering i
regulaticKiii?
h appears hy what Mr, Liij;hihoui} baa f.atd^
that tb<f Karl was very willing aiid deMfuiis of
bar ing these matlen ratfulated ; aod that when
he fiiat inforfned the baii that he ha^l some-
thing to oficr to kii eotieideratioo in relaliaii
iherelo, the Earl aeenied very glad, and migb-
tilY pleased with the propoi^, and gafte iiita
aifdue euoouragemeot.
It Appears, my lortla, that al\cr soiBe timt
taken by Mr. LtjVhibouD, to di^courae theMaa-
tera upoa thia bead, he wrote a letter to tlic
Earlf coutmuing several proposals fur the re-
gulating the aflaira of the Maaters ; ami your
k>r4ihip8 will ohaerve the liiiica and manner of
the EarPa fending fbr« and pressing the Mas*
ters to bfifig in their accompt'j, whiett, iiutwtth>
ataadinglA^ diHicrenL turn (bat ha^hi^ea endear
voumd lo be given to it, we btunbly insist upoitt
it, apf^am to have l^een done, in order tlie bet^
ter to enable tlto Earl to judge and regulate
thrse tnatlers.
As there were propoaala for reguiatin^ the
canibict of the JUaatera, in rcepect ot the
suitors, so sereral grie»anoes, «4)ich the Jlas-
tirrs were sapposc^d to labour nnder^ and in
winch the suitom too were noppoiied to be con-
oerued, wrro represented to the Earl ; ami,
itmongst oihera, that of money being onlered
to be [»yiiH into the handu of the Uaher of tA»e
Court, inslead uf the Mntitcni; which was re-
prtifiniftd as a thing of ill oonMtpjenoe, and
dangemita to the suitors of the Court, at well
as injurimis to tlie Masters. It appears lilss*
wise, that it whs tho\tgbt proper, if not nece^
aary, to take all tiiese matters into con^idsfi^
tioti together, that the intended regulalion
^ti entire I awl not by pieee-taeal ; attd
u'hihoun him^^f was of that o(diiioo« aa
vvirU ^^ Mr. Hoi ford. And tlfougli it is alleged,
that the Earl was croihhly informed that the
suiiidency of aomc of the Masters was mach
auapected, and cotiscquently that a ituire im*
n»eihatif regard sbtmld havi^ U'Sti had t^ iv^hat
oooci^tied the etlects m tlieir hands ; yet when
your tosdsbips conaidrr bow tbot stamb upon
iHr* jygblbouii^s evidenre ; tU^^il «»* wA'^ *.\^
1231]
10 GEOI^CB }.
Trial of ike Eari of MacdcsfieU^
[1231
general inUmation, without naroingf any parti-
cular person, and that Mr. Lightboun declared
he had no certain gfrbnnd fbr sach suspicion ;
it will not, we hope, be thought a fault not to
single out that part of the intended regulation ;
especially when the same witness intbmns your
lordships, that it was as impracticable for the
Masters to have given an adequate, that is, a
proper security, as for the great officers of the
Exchequer, or the treasurers of the South Sea,
or other great companies to do so. And your
Jordships will be pleased to think it well de-
serves consiileration, whether it was in the
Earl's power to compel the Masters to give
even such security as they could P And if it
•fhould be said, that if they would not have
(complied, he might have ordered the money
out of their hands ; it will require time to con-
sider where, in such case, he must have placed
those effects ? It would have been as extraor-
dinary to have required security from the Mas-
ters which came m aAerwards, and so to have
put them upon a foot different from the others,
when it was under consideration bow to settle
the whole. But, my lords, the event has
•hewn, that there was not so much occasion
for so speedy a precaution in this matter, for
the purpose for which it was then principally
intended, which was the preventing the Masters
from embezzling the securities of the suitors
in their hands, since there is no occasion of
complaint in that respect, they having been all
delivered up, and the deficiencies which have
happened have been in the cash in their hands,
of which there was tl\^n so little apprehension
or likelihood, that the preventing it was one of
the things the least under consideration. So
'short-sighted and uncertain is human pru-
dence!^ So different the judgments made of
things in pros[fect only from what they are in
experience ! I make no question but your lord-
ships will have a due regard thereto, and make
all equitable allowances on that account.
Your lordships have lieen farther informed,
that in order to settle these matters, several
meetings were had, and among the rest, one
very solemn one, at which were present both
the Earl and the Master of the Rolls. I need
not trouble your lord8bi|)s with a repetition of
what passed there ; it is sufficient to olmerve,
that nothing being settled, the Earl, whose
mind was intent upon this affair, proposed some
expedients to facilitate matters ; particularly,
that if the Masters would quit their pretensions
to a co-ordinate power of judicaturo with the
Master of the llolls, that matters might be
made easy, in respect of the unlering the pay-
ments of the money : but this would not be
complied with. And when it was found l>v ex-
perience impracticable to bring any thing at>out,
with the agreement of the parties, the Earl de-
clared that he would take tlie whole matter into
his consideration ; and since he could not have
the concurrence of others, he himself would re-
Silate these matters as soon as he could. Upon
e whole of the evidence offered upon this Ar-
boun and Mr. Holfbnl have said, it pbunly ap-
pears, that for a considerable time past, evea
from the latter end of the year 1791, there hsi
been an intention of regulating tha offices of ibt
Masters of the Court of Chaocerj ; that suet
intention has been pursued, and tevcral step
taken, and endeavours used to bring it to effect;
and your lordships, I hope, perceive the muiy
difficulties that have interposed, aud will notlv
at a loss to fiud reasons for the Earl'a not hir-
ing actually made these regulations, very di^
ferent from the distant view of an unjust gun.
My lonis, the business of rcfurmation, hov-
ever desirable it may be, is in all instances it^
tended uith difficulties, and io the present csie
those difficulties have been encreaaed by fkt
different and jarring interest of the parties ooa-
cemed ; which, at least, prerented their eos-
cnrrenoe in such reformation, and in a ^nctl
measure deprived the Earl of the benefit of ibi
advice of those who were tlie most able to ior
form him what was fit to be done.
Your lordships arc sensible how great a po^
tion of the EarPs time must neceasarily be
taken up in the dispatch of the ordinary bori-
ness of that Court, and in his attendance up«
the public functions of his office ; and if, wkt
these circumstances, he has uot been aUe n
bring his good intentions to effect, and eosH
pletc them, before it was put out uf his povir
so to do, your lordsliipa, we hope, will think ii .
more his misfortune tnan hia fault, and tksiW
is not to be reputed guilty of any negleet «
omission in that respect, which can be adjodgfJ
to be criminal. We shall not trouble jflv
lordships with any evidence upon this Aitidi^
but submit it upon what has heeo already of*
fercd.
May it please your lordsUfH
icn the Managers for the bi-
tide, more especially from what Mr. Light
Mr. RohiriM,
the last Article whici _
nourable House of Commons have been pkan'
to close this solemn prosecution withal, ii ikt
Nineteenth ; wherein they have endeavouiH
to represent the Earl as designing to abuttv'
imi>ose upon his most sacred majesty, for ihe
sake of screening and protecting the MifM*
from a parliamentary enf|uiry, and to keqi if
the price and credit of their offices.
But, ray lords, we humbly hope no evideoei
appears to have been given that does, is lb
least, support or prove any such designs in ike
Eari.
It is true, indeed, that when his majesty v»
graciously pleased to order the Masters^ if*
compts to be laid before the committee of' IdHi
of the council, in order to inspect the saflv*
that the Earl, in obedience to his luajerty*^
commands, thought he could not be too zealo*
in giving orders for their preparing and getliip
tlie same ready, and therefore ordered thtf
immediately to set about it.
And when some of them objected, that it Ml
impossible to have them ready by the tiiaea*
Rfccied, the 10th of November last, espedil^
Ir. Holford*s, which was to be an aeeoait m
twelve yean, that the Earl howcf er
1285]
^ High Crimeit and MUdmeamrs. A. D. 17f5- [If 3i
them to be g^t renAy in the ben maimer tbcy
coiiliT^ aod told ibetti, if il tbould upbear they
%rante<1 more lime to msketbetii pcrlect, that on
aj){j|iCiitioii it would, wilhuut doubt, be i^mnted.
Aiu?r wbicb your tordsbifis have beard, that
»t a me^ling^ormostofibc Masters at Sir. £d*
wardij's, mma Mr. Cottingham caroe in, be
proposed to ibem, some s.iy,tbi'eethiiigSf otbers
two ; but a\\ of tbem ^rte in subetiiDcc, ibat it
was to have their acscompts and securities in-
•pected, and to produce tbe balance of cash io
their blinds, if it should be required.
And as to tbe iuf pecting of their acrompta
And becuritie^« your lordships have lieeu pleased
to observe, tltst not one of tbem appeare<l to
make any difficulty or objection to it, but, on
tbe coulrary^ readily consented and agreed
loit.
f)i?t as to tbe producing^ their balance of
cmsh, they were soitietbinigf utartlcd at that» as
not knoi4 ins^ trbat was intended by it ; and
^—therefore asked Mr. CotUn^bam if they were
^Hb'nly to produce or shew it^ or if tt was going to
^^Be taken away from iheiti,
^H^ And thougli Mr. Coitingliam^a answer was,
^Hnuit they were only to produce it, as he under-
^Kitoo^t, yet several of thctii appeared to be very
^f Jealous that it was goini; to be taken out of
' their hands ; and Mr. £dward8, one of tbe
If alters, expressly said so, and therefore ad-
▼iied them to get it ready ai soou aa tbey
could*
But vour lordships hare been pleased to ob*
•erve, that h hate?er they understood by it, yet
one of them aaid» or bo much as insinuated
Mr, Cottingbam, that tbey were not able to
wer or make good their balance of cosh,
r that some of them had it not uH ready im-
iately ; and Mr. John Hennet said, it could
be expected they fihould keep it all by tbem,
ir fear of hsving their throats cut, and that
lerefore tbey nio>t bavo some reaiionablc time
iven thetn to ratne it in ; and Mr. Conway ex-
\y swears, that be apprehended they all
lid they were able and sufficient to produce
leir caiih and effects.
And, my brdsf, it seeros Tery tiaturaJ and
able to believe that tbey dtd say so, or at
that Mr. CottintfbMm understood it so, be-
when some of them asked, whether tbey
to produce it in specie, or whether Bank
, or gotd^mithV notes* would not do as wrll,
ic m:ide answer, it eertaititv would do as well,
kOd therefore advised those that hitd not such
reudy by tbem to provide tbem» and to
itid by and aMjst one another.
Now, my lords, with great tuhmission, all
IS *irrm- In he a very natural, plain iind art*
■ f ifm of this meetitjg : and wbeti
( n htid ibuii acqutiinted the Mat-
wIkit Hiuh expeeteit from lUem, and had
rnute^ from tliemalK thiit thcv were reudy
* ' t iH'en pro
»ot«
»ott
auaei
BDtes,
pm Mr. Cottio-
' mit after, at t.,.. L..
XVI.
>t hot that
1 thercfttrf
^ bouse o?)
the 10th of November, no wonder he did not
particularly ask thetu the question, whether
they were able and ftufEci en t to payor muke
good the balance of their cash, few thts Mr, Cot-
tingham had before assured hini they were, and
therefore no need for the Earl to a&k the quet-
tjon over again.
And Mr. Lovibond^ one of the Ma«ter8, sweara
expressly, not only that he himself was read/
ajid willing to pay and produce his own ba-
lance, but that, from %vbat nassed ai the Earrg
house, he believed or thouglitall thereat of the
Masters were so too.
Now, my lonls, if this be so« if the noble Eart
was fully satisfied that all tbe Masters were
able to make good their acconipU, and he was
J05t then going to lay a state of them before
the lords oY the council ; is it at all to he won-
dere<J at, that his lovdship should give them hia
advice or opinion what form of words or sub-
scriptiou he thought would be most proper to
express their meaning by ?
And as lie approved oi'the form made use of
by Mr. Holford on that occasion, was it, or
could it possibly be any crime in the Earl t4>
ndvise the rest to subscribe, or under- write the
same form to iheir accompts likewise?
And your lordships have been pleased to ob«
serve, from the evidence of all the Masters,
that not one of them made any scruple or diffi-
culty of it, but went into another room, as if
they were really going to under- write the verj
same subscription to their aceompts.
It is true, mdeed, my lords, same of them,
when they were i^ot b^* themselves, were con-
scious tbey could not come uji fully to it, and
therefore varied the ibrm as best suited their
own circurastRDces.
But your Jonbbips have been |d eased like-
wise to obserYe, that the noble Earl wns so far
from being in any plot with the Masters to de*
ceive bis majesty or the lords of tbe counci1|
that he took their acriompts^ with the sub^crip*
tions tbey had under-wrote, without so much
aa ever looking to see if they wore confommhie
to Mr. HolfordN subscription, and apprehended
tbey really had been all tbe same, tilt upon
reading ihem before the lords of the couticil
the variance between them appeared.
But your lordships have not heard of one
word ot reproof giveu them by the Earl after-
wards, for not observing his directions in male-
iikg the subscription he di*sired.
If the Earl hud had any design of in^posing
on his mijesty or the' council, by getting tbe
lV|aalen» tt» under- write such a purttcnlar tbria
of ^ulrtcripiion to their accompts, would he not
Have been more cat etui, before he carried ia
thoKe accompts to the eouncil-ljoard, t(* have
licen that tbey had esractly pursued his urdert
f#»r fear of a discovery?
Nay, my lords, can it possibly he ima$t;rned,
but ili'st when he came afterwards to t!od they
had deceiveii him, and had r\ot undr-r-writtep
the suhvcriplion, they prefcended, and went nut
of the room seomingty on |^urpoiO to coBi|i(j
with :
J235J
10 GEORGE I.
Trial of the Earl qfMaedeitfidit
[12S6
I say, my lords, can it posssibJy beimayined,
but that if tlie Earl had had any views or de-
•ifirns of his own od it, he wouldhave severely
rebuked and reprimanded them afterwards for
not observiug his directions :
But 3^oor lonlships have not heard one word
of proof that ibe £arl coooplaine d of, or ever
said any thing afterwards to the Blasters
about it.
Now, my lords, if this be so, can there pos-
sibly be a greater or stronger concurrence of
circumstances to show, that the advice or en-
couragement which the Earl afterwards gave
the Masters to assist and supply each other
with money and effects, and represented to
them that it would be for their honour and ser-
vice to appear able and sufficient; I say, my
lords, can any thing in the world be more un-
natural than to imagine, that by this the Earl
meant to advise them to make a false shew
and appearance?
They had before assured him, or given bim
the strongest reasons possible to believe, that
tbey could make a true show and appearance,
^hy then should he advise them to make a
false show and appearance ? What end or pur-
pose In the world could this serve, either for
themselves or his lordship P
This surely, my lords, could never be the
EarPs meaning : or if it were whilst he was under
a persuasion that they were all able and suffi-
cient to answer and make good the balance of
their accumpts, if he meant to advise them to
make a false show and appearance, it must
hav^been by advising them to conceal part of
their cash and effects, for fear the world shoukl
really take their words, and be of opinion that
they were as able and sufiicient to make good
their acconipts, as they had under their hands
acknowledged themselves to be.
But, my lords, as the construction the other
way is not only most natural, but also consist-
ent and agreeable with all that had before
passed on that occasion, surely, my lords, it
must be a strange wresting and perverting of
vurds to understand them otherwise.
The sum of this whole Article, my lords, is
this : The blasters were on a sudden called
upon to bring in their accompts of cash an'l
effects, and tUey did so, aud declared, at the
same time, that' they were able and willing to
make good the same on a reasonaldc time
given them fin* raising the mosu-}' ; but being
afterwards called upon for their money sooner
than they expected, aud applying to the Earl
for liis alvice and directions what to do in ir,
he advis..-s iheni to assist and supply one ano-
ther with money aud effects, till their own
cotiM be gotten m ; tells them it would be for
their honour and service to ai^iiear able and
sufUcicnt, aud that lu> uouhl not have them let
the wciiU ir^e, at a tiuKi when there had hccn
so much r.Iamour and noise about tlieni, that
\\w^ were not always ready, even at a minute's
Warning, to make cood their accompts.
This, my lords, is the whole of this grievous
eomphiint against the Earl \ aud as it seems to
I
be nothing but a piece of good advioe in the
Earl given to the Masters for their own sakes,
in great sincerity, and frieofbhip, at the Earl
expresses himself in his Answer, without any
possibilitv of advantage to the Earl himself,
we humoly hope your lordships will not think
it worthy of a place in thb loapeachment.
Com. Serj. My lords, we shall not^ve yoor
lordships much trouble on this Article, wc
shall only call Mr. Holford.
Mr. Holford not then appearingv Mr. Cff-
tingham was called in again.
8erj Frobyn. M^ lords,, we desire that lb
Cottiughaiii may intbrm yoor lordships of tW
time the Masters had the letter which be it*
fers to, and which he delivered, whereby thes^
conipts are directed to be brought in ? Mfcdid
desire Mr. Holford to bring it up with him : If
Mr. Holford batb not the kilter, and it ■ sil
among the Masters, we must ezamioe Mr.
Cottingham about it.
L. C. J. King, Mr. Holford is CMse.
8erj. Probyn, This is the copy of a IcMeTi
the original of which Mr. UoUbrd hath ; if ki
hath it not here, I hope your lordships will gin
leave to read the copy. My lords, i ilesirs thtf
Mr. Holford may give your ferdahips an •^
count of this letter.
Holford. My lords, I have it not ; Mr. kf'
naston did inform me just now that hebclievitf
it might be in his custody, hut he haih it ooi
here.
Seij. Probyn. Your lordships will pftm
leave to examine Mr. CoCtioghiiBi.
Cottingham. My lords, there wasantrfe
made, dated the Sd of November last, of wkick
my clerk made a copy. 1 can't say I oS'
mmed it myself: The order is, ^' Let the se-
veral Masters of the High Court of CbaaeffT
forthwith prepare and deliver to me a perfea
account of the money in their hands, thM
distinguishing, in several columns,
" The names of the parties to the csoir.
•* The dates of the orders for briogio; h
mon-^y or securities.
<* The time of bringing in each som.^Pv*
ticniarly expressin;^ the sums transferred 9ti
paid to them at their coming into their office ii
the first place.
*< How the same hath l«een disposed.
** What sums paid out, and to whom.
** What invested in securities.
** When, and by what order. — SpedlVisf
the securities, by dates, numbers, &c.
*> Where the securities are at present.
*^ What money remains in their hands.
" Where ibe same now is.
" yov. 3, 1724. MACCLKSnCLD, C/
Com. Scrj. My lords, we heg leave to 6^
srrve, that this onler is very much the ssfli
with the directions given by the noble lord ftt-
fore to bring in their accompts; but upon tfci
nature of the thing, there seeais to be • vi9
good reason why they did not cooiplj fiV
tually with it.
lf57J
Jof High Crime$ and ^fixdememiors.
A. D. 1725-
Mr. Plwtmtr, Upon ibit obvervalion, iny
lords, I K<**' U-MVi^ to iisk this i»itnesa whether
liie Mii not ^-if eo id «ur»€ accoiful^
ootwitbii ^ t' dilhciiliv of llie luiihod ?
Colf^Pi^Aafii. Yt s, toy hrdl^^ tliey have.
H* of ii/arc. Mr. HoJtbriJ will infurm your
Joriiftbips (tl iliis.
UoJ/ord, I believe litis ts a copy of llie
I mkr^feu by my loni Mtecle&iielit (or briug-
> iiag tu our accotupls in Navember last.
S«j, yrohyn, 1 desire he may be a&kfdj
whether the ft! niters ivere able tu timke up ibe
accompts jHirsuMil to tiie direcliont given in
tliAl order r
Uoljard, I beliere it wai the ocxt day ftftcr
Ibifl WII4 wfit, that Mr. Couiri|^hatii did inform
me of it I I bad n(»i seen it« J wan then ut
, WfilfliUMcr^ sitting in Court itiib my loril
IfaccJesfieki ; alter the Couit was up t wmi
into the tittle room bebiud the Court with i»y
lord, and I did say, 1 tltou|fht it «vould b«r very
tedious to do exactly as tbU order directed, lit:*
cause it would require o traniicribin^ of every
ptrticulur thai each Master in the Court had
ever paid ainl received Ut several years, even
where causes were eadcd many yviwii ago, and
lliat I thoui{bt it an impracticahk; thing, Hy
lortl told me that must be no objection to the
briiigio^ in <>f the aceompts ; if we could not
4o as vireU as he wi»»heil. we should du ii as well
aa we could; aud desired ttieiu to be ready,
that they tutgbt be brougtit in by the titue pre-
Ibted.
Cow. iSrr^. I desire he may be saked, whether
there were any argumcnisi u^ed by my lord to
l^oommeod dispatch in this matter P
Httlfifrd. My Ktrd r^rtiomviciided it to me to
hm aure to liave the accompt ready by the time ;
I Ihiok he said ft was to be delivereil in to the
council bv such a day.
Com, 6cr)f I desire he may inform your lord-
ihip«, if nothinf; was said about luakmg an ex-
case* a pretence for delay iugf the accomptai^
Hoi/ord. My lord did desire thai they mjrht
he pretiared according to thofte dtrectionw. but
aaid, This must bt ao ejceosei for not brio4,nng
in the aoeowptsta well as you can by the nine,
Bit. tlummcr, Whifn thti» uccuinpt m ut asked
for, how lung was il bf lure it came in ?
Jiol/ani, Three or four 4U)k, or a week.
Mr. Flumtner* And you jjave them tu com*
|>lete and right, fully and amply.
Hviford. Yea, thrrv were some litlla uis-
which were rectified aHerwarda, very
all onefi.
Cam. Strj, By rensoo of this qiiesitou that
. Iiaih beeo asked, ^ivu me kavc to trouble >aur
'ibips with affking aooiberi whether in tbe
a^ deliventd in, there waitany thuig more
'tkao ibe balance of tlie accompt ?
M&tford, Yea, Iba aeeonijit I delivered in waw
aft acoonapt of every particular cause, and of
l|i« fuooey and securities in cv<!ry caunef itnd I
dill aiAd tbe toiicitoni iyimis» tu every cause, as
frr aa I koaw | 1 baUava all tba otiiaiv w«fc
aat ao*
Qm. Svi* Ibw wtra tk« oMMftf
i
I
U&Iford, I bcticve the others were ilia safae,
otity not the Kolicititrs^ name$.
dm. Siry, I don't mean thnt, but wbethef
tliere wa<i not tbe balance of e:ich particular
accompt delivered in ?
Holjifrd. There was tbe balance of the par
ticular causes, aad tbe tvbole summed up la*
gel her.
8erj. Prchyn* I desire be may be asked,
whether it was proclicnble to ffive in iheir ac-
compts in the method directed witbia tbe tima
prescrilitd them ?
H Iford. (t wa* not,
Hvt). Prohi/n. 1 desire he would inform
your lordships, whether they have not been
called upon tre«p»ently to hasten their accompla?
Cofit. Strj. 1 desire he may be a«ked, wlie*
they have heeu since called upon by the bo«
uonrable committee ol' the counctl, to bring ill
their acrompts acconling to tl*c said method ?
Et4 of Marc. I dfiiire be may l>e asked, whe-
ther after thi<i accompt brought in, and tbe
balance made upon tfvery csii^t^ they have beea
since called up<m to make up the accompt ao-
cordmi; to the fir^t inittruclions, or not ?
Holjhrd* We have not been re<|uircd to
puDiOtf the former insitructions.
Com, Set L If the gentlemen of the House of
Commons have dune as to this Article, we have
done* My lords, we fthull now bejj leave to
call Home \vivDes«e^ to the istAblialiint^ the re«
ftututiou of Mr. Coitinghoiu ; when one aide
lave endeavoured lo lesseu his credit, it will ba
necessary tor the other siile lo call wiiiiejwes to
conitrm his credit. As to the leslimony be
bath uiven, it ts very material, as il standi in
optH>Hiiiun to the evidince of others ; though it ^^
be 0"i directly coniradicied, yet it is very dif- ^|
ferent from some accounts which your lord*
ships have received from aome of the Masters,
particularly from Mr. Thrnna* Bennet : And ^H
aa for the Sluoagers of ihe II ou«e of Commons, ^M
noiwith^tiandinjf'he was cnlleit as a wili>ess by
themselves, thoui^h they have not said m direct
ti-rms that he is a person not lo be credited, yet
calling him a black miniitter of iniquity, and
uiiing a ^reat tromber of such like other ex- ^_
Sression« seem to carry some insinuation, as if ^|
1r. Cottmgham was «ic»t a man of ihat m- ^M
legerity as I belit«ve all that know him will bear
textimony to. We be*; leave, theri'fore, t»
calls few of tltat numbtir as wilnetses to his
character and lepuiatioo^ who have known hiai
for several yean, and have hud a full oppor-
tunity of kiiowiiii; hit chtiracter and behaviour
in the several t»tuttonH he han be^n in. ^M
M r . Gvldc^broug h called . ^m
8aii. Prohyn, My lorfts, 1 desir«» be may ba
asked. ' ' _ he hath been ocquaiwled witb
Mr. t
0»id.,i..u,,fif,. I have been acqoainleii with
Mr. Coitiuffhiiin upward!* of twenty yeara*
.S#*rj, Proln/tt. \ de>tre hf would inform yo
lordnhjft^, during ln« acqiiaintauce with tlil
what hath been hi^ character i*
Q^Uimkvi^ik. All lilt lint be wat a foycttor,
I
ItS9]
10 GEORGE I.
Trial o/ihe Earl ofMaedn/Ud^
[1140
J obserred him to hare a good character; be
behaved himself with all integrity and fidelity
as ever I knew any body of his protiessioo.
Spij. Probi/n. You speak as to his general
character.
Goldesbrmtgh, I never heard he had any
blemish on his reputation, he always maintained
a yery fair character.
Serj. Probyn, DuriDjj^ the time he was se-
cretary to the Lord Chancellor, how did he he-
hare himself?
Goldesbrough, He bore a rery fair character
in the place, as fair as ever any body did that
went before him.
Mr. Price sworn.
Com, Serf. We desire he may gire your lord-
ships an aceouut, what he knows of the cha-
racter of Mr. Cottingham, and how long he
hatli known him.
Price, My lords, I hare known him upwards
of twenty years, I never knew any body say
any thing amiss of him, 1 always took him to
be a very fair and honest man : 1 know no roan
in his place behaved himself better than he hath
done.
Cam, Serj, We desire to ask not only to
what Mr. Price's opinion is, but to what is
the opinion of others, as to his general cha-
racter?
Prtce. I believe, if you ask his character of
an hundred people, ninety of them will give him
rather a ^n^ater character.
Com, Serj. And as to the remaining ten, what
character doth he believe the remaining ten
will give him ?
Price. 1 believe that the remaining ten can-
Botjustly charge him with any thing that is ill.
Mr. Hickman sworn.
Serf, Probyn, I desire Mr. Uickman may
likewise give your lordships an account, how
long he hath known Mr. Cottingham ?
Hickman. I have known Mr. Cottingham
90 years, I believe ; he had always a very
good character, he was clerk to me for two
Tears, he was a diligent, faithful clerk, and
hath bad a very good character ever since, and
I never heard any thing to the contrary.
Mr. Biithman sworn.
Serj. Probyn, My lords, we have a great
■umber to this purpose ; I desire you would
inform my lords, how long you have known
Mr. Cottingham, and what his character is ?
Blilhnan. My lonis, I have known, and
been intimately acquainted wiih Mr. Cotting-
ham, for above 20 years ; while he was a prac-
tiser in the Court of Chancery, we were now
and then concerned one against another in bu-
siness, and I observed him to act with great di-
ligence for his clients, and in a fair way of prac-
tice in respect to his adversaries ; he had the
character of the practisers of the Court of
Chancery in general, for being a very honest
and fair man ; after be was promoted to be
McrvUry to loy lord MaocWafieid, e? ery prac-
titer of the Court that had any butiMfa moal
have frequent recoorse to hioa, and be was ob-
served to discharge that oflice with great josdoa
and dispatch to the suitors, with fpreat civility
to the practisers, and with a strict regard to tbt
honour of his master and the Coart ; be wai
content with his just fees, without everdemaDd*
ing or expecting more on pretence of expedi-
tion, or upon any other account. Id genoral, I
took him for a very honest man, and be wm
always so reputed ddring the tinae that I koev
him.
Serj. Prolnfn, TAy fords, we might apply If
some of the learned Manag^era themsera,
were it proper upon tbia occasion, bat we baps
his character is so clearly established, by whist
evidence has been already offered, that that
is no necessity for troubling your lordships wilk
any more on this bead : but we shall troobls
yonr lordships with one piece of endenoeaMic,
of a different kind, which the noMe lord isviik
a great deal of difficulty obliged tosubaitm
and that relates to the private conduct of bioMdt
of which many enjoy the benefits, and aH wot
enjoined and obliged to keen secret ; but now it
is become necessary to make knowu, sines be
bath been represented in public as a person fal
of corruption, that hath studied nothing in the
whole conduct of his life, but the amassi^;
great riches to himself, in oppression of hii
majesty's subjects ; it is now become uecessaiy,
for the rindication of his lordship's innoceaec^
to shew that bisections (which best bcspeik
the intention) have been of a different natuie;
that as his lordship hath received great bousliei
from his majesty, so he hath been as liberal ia
sha'ring them with those who have wanted hii
relief. Multitudes of instances might be girea
of this kind, but we shall only lay some fev
before your lordships, and then l»eg leave te
submit to your consideration, whether it k
possible to suppose, that a noble lord, wheN
neart was so charitably inclined to relieve the
afflicted who applied to him, and to seek ep-
portunities of doing good to strangers who wen
no ways known to him, could be guilty of ac-
tions such as his have been represented by ibi
Managers of the House of Commons, liov
can these things be reconciled, tliat a roan, trsK
religious, truly virtuous and charitable, slionM
be guilty of oppression, injustice, avarice, enJ
corruption ? \Ve beg leave to lay aoroe few ie-
stances of this nature before your lordships, aed
then submit their weight to your lordships' gnil
judufment.
Com. Serj. I beg leave to obsenre, tbat ia
a great many Articles, the intention being wkrt
the Managers have much relied upon, we bs»
biy apprehend we hare cleared the noUe Isii
from those intentions he is charged with, kf
what we have already offered to your lei^
ships ; but if any doubt ahould atAl reesMb
when it shall appear that he was a oonstanChr
nefactor to the oppreesed and affictcd, tksK e
constant spirit of benevolence hath reigned ii
the breast of this noble lord towarda nalhiA
yoa will think it inpoHible for « idm leteii
1641]
Ji^Y High Crimes and Misdemeanors.
A. D, 1725.
contrt'lictory to Itimgeir^ thivt at the same If me
ashewnsilotitfrall the^food he (K)u1d in private,
lie should be g-uili^ of ararice, corrupliim and
pp{ire«ftii>ri in the most public manner, ThcKc
iiiiJities Are i»{i Irn'Od^j^tfiit, ittnt \hey cotitd
Dt reig-n in tlie same breast at one and i»ame
p, tor that reaaon weaball beg leave to men*
nn a few oftbe^jreat many instances y^e mi^hi
fodtice on this head ; and tirat wedcsira lla«l
Ir. Oaker may be culled.
Mr. Oaktr i^orn,
gb,|*n>fryn* My lortU, I desire that Mr,
JKMij ^\ye your lordi»hi)>s an account,
' long he hath been emphiyed under the
[ibfe Earl vitthin the bar P
Oaker. 1 nerved bin lordship all the time that
ia lnrd«hi|i bad the great seal.
Serj, S^roiufn. I desire he may jtitc a general
ount» durmg^ all the time that he served his
' (lirp^ how far he hath beeu privy to any
baritaUe actions he haih done ?
Oitker. My lords, I have the names of some
in my hand, 1 c;iu only tell the names and
Dim9 of such as accidentally came in my way ;
>r his lordship always did tliofse actions pri-
atety. and with hi%' own hands, if it could
: 1 )y be. W hrn I first came lo serve h ia
i;i«-ing heard his lordship's charat'ier
ci iji iMu %t*ry biMititifiil to at mot»t every body
that came in his way, I therefore endvavoiireil
^ tafurtn mvself more partictilutly from goch
■out ti I apprehended upplifd to him for
iMiataoce of (bat nature. The iirst thnt \
emrmber wa« one Mr. Brown, who hid been
mhor of aevrral practical books in the law ;
' I lordship wnic pleaseil for some years before I
ted under hint, to pay tor him 3U. a month
hb Ikiard and snbiuatance, besides clothes
pocket' money ; the person that UM?d to
ill being absent in my time, I paid it for
I aeveo years, till Christmas last, when he
Prol^un^ At the time be died, boir old
t he ?
}<ik€r, lie said ha wu on Bartholomew day
L aged 10^. As I have been informed, my
1 sent a surgeon ami an apothecary to attend
, and paid theiir> ami the expcnce of bis
al ; and the » hole that CAine uitbiti my
filjfe waK aliout 120^ Afterwards there
Ir^re two clerjxymen retttmmrnded to bin lord*
liip for a livinif that was in hip« dinpojcal ; my
i>rd could not «^ion determine which to f^ive it
one of them was a poor ctiraie in Sorrey
iTHaitiai Ditton : This poor man com|dainet],
I be could not attend Uni;;er in town, nor
I money to carry bim home ; my lord grave
kilti a guinea, ond told him be mi|{ht go home,
be m*ed not stay, but should he sent t<i whi^n
Itehad dwennineil what to do for !iim. A htfle
' ' ' rame to town ai^in, and %nu\
l>orted that his lord»vhip would
.IT U^ « i^ tnrnetl out of biscu*
^ .was ordi^re<l by the
'I , i L ^uit the parish, but that
hm hmH ttoi BMOty i« rtfyore bis lamily ; and
my lonl being told of that, sent for liim» ani!
gave him a sutn of money in a paper ; I asked
the clergyman tvbstjt was be ^r^ve him, and
he said 2U guineas. He had soon after o living
given bim by my lord, in Kent, and then as he
vvos removing bis family to his living, tUej
were, here in town by the ivsy, taken ill of the
measles ; upon which the poor j^enrlemaa
tvaoting money to proceed on tiia journey,
came again to my lord, and his lordJiip gave
him 90 guioeas more, a« he told me ; and f
believe liis lordship liatb given him several
times since, but 1 donH know^ the paiticulara^
neither had 1 known any of tlione I bare o*en-
tioned, bad not the poor clergy man hi m^ If to 1 J
me of them.
Cotn, Scfj, What is bis name, and where it
bia living ?
Oaker, His name was Vigors, and bis livhig
is near Sittingbourne in Kent. There was one
man, a cooverled Jew, [ believe be is here him-
self ; he halb had of my lord 70 or 80/, There
is one Thwaites, a Quaker, who hath attended
tiie Houses of Parliament long, and ia very
well known < hath tiad a pretty large sum of
money, besides other aiisistance; 6QL 1 paid
him at once by my lord's order. There is one
Mr. Wickham, a gentleman in the navy, a
hair pay officer ; be bad oot^ruo that, and wa«
in the Marshal^^ea prison, and could not make
up biB matters ; a trieod of bis was personally
acquainted with me, and said my lord had soma
knowled;«:e of this officer, and desired me tO
acqusiint him with his case, which I did, and
liis lordship f^aid be had no acquaintance witU
him, but had know n bis father, and for bts sake
would clear him ; and it being said he was in
fhr about SOL \n% lordship said if it came to 40
guineas he would pay it, so that it set him out
of distress, and cleared him of all debts; the
gentleman did make up bis affairs, and mj
lord paid the money, and besides gave him a
whole suit of clothes, ilouble shoes and stock-
ings, and wtg;s, and new sword and b'-lt, 6t to
ap|tear in the world again, which came to some-
thing above 40/. in tlic whole. Atiotber poor
clergy man my lord gave a living to, and be
was very lame, and came to town to go into the
cold bath ; be happened to be arrested for aa
old demand of 36/. His wile came to my lord,
who gave her money for present subsistance^
and ortlered me to lake care that the whole af-
fair should be made up, and the whole debt
was cb-iired and di«churged, anil nil the costs
and cbarjfej* paiil out of his lordship*s pocket.
There are abundance of other small sums I
un^bi mention rd' the same kind, but it would
bif endh-ss to trouble your lordfibips with them.
Ther* there is another (itatter *^ hich 1 menliofi
^ to your lonlships, not so much for the value, aa
liir the manner of dojni; it ; a |M>or gentlcmaa
resirlin;i; at ttie Hath, bad a pbce ^hvn bim, aa
he *aid, in Irt Lunl, but had nnt money to carry
him over, and iherHore only l^'gifeil 40f. to
I
carry bim over to Ireland
guineas.
ine to remit him tive i
iny lord ordered
which be r^rejv*
ed, but afterivards be wrote word Uisi be tad
1243]
10 GEORGE L
Trial of the Earl qfMacck^ld,
[1244
his family were ill at the time, and therefore
hail expendc^l the money, and wonted the same
auppW attain ; my lord tlien ordered me to re-
mit him 10 guineas more, which I did. Here
is at your lordshi|>s* har one Mr. Hauoders, a
clergyman who hath siimlry times received of
his lord -hip favours whilst a youth, and upon
the foundation in the Charier House ; and
\vhen he went from thence to the University
iiis lordship ^rave him 40 guineas ; and aliei'-
wards, when lie was near ii^oinsr ioto orders, re-
mitted him 00/. to clear all matt4>rs in the Uni-
versity, which I sent to Dr. Bentley by his
lordshin's or(*er. I don't mention several other
paniculars, but they are very numerous, both
ivhiit pasjiod throug'h my hands, as well as
otlu'rs of his lordship's servants ; hardly a
we«*k passed without some instance of this
kind.
Com. Serj. As you were under the frrent seal,
you can inform my lords, when clernrymen
were admitted tn their livinflfs, whether his
lonUhip has not frequently ordered their fees
to he remitted them ?
Oaker, My lord frequently ^ve orders to
remit the fees of his own officers, and at other
times his loniship paid the fees of the patent
officers and stamps out of his own pocket ; and
Lath f(iven the clerfryinen money besides to
pay their journies tu their liviupfs, and other-
\vise to sustain them, and to buy books.
Com, Scrj. Do you remember Mr. Higf^?
Oaker. Mr. lliwTi^s was i^reatly indebted and
in prison ; his lordship discharjfetl him, and
paid such debts as were insisted upon, to the
Talne of aliout 90/. : he is there to give your
lordships a particular account.
Dr. Sai/er, As a great deal depends upon the
manner of iloinsr tiiese things,! would ask him
as t(i the manner iti which they were done,
whether in an ostentatious manner, or how ?
Oaker, My lonl did these generous actions
merely as they fell in his way, and without
mentiuning them, or letting them be seen or
known, as far as I could ever perceive ; so that
where 1 did not apply to his lordship myself
for such people as caine to me, 1 never knew it
but by accident ; and in cases where f was
privy, my lord generally {^ave me more than
was askejl, his method being, as far as might
be, to set persons entirely free, and to do them
a full service.
Mr. Hunt, a clergyman, sworn.
Serj. Prohyn. My lords, we desire that Mr.
Hunt would recollect and give your lordships
an accouiitofwliat charitable acts he hath known
done by the earl of MacclesBeld ?
Hunt. I have known my lord to be a very
gcnen)U'( and n«»ble patron : 1 can speak froni
several instances, i-elating not only to myself,
but to several other gentlemen of the Univer-
sity of Oxiurd. The first time 1 had the ho-
nour of being known to his lonlship, was about
Whit*iutitide 1722. upon the recommendation
of one Mr. Thurnbory, vicar of Thame in Ox-
fordshire. The noUe lord aik«a Mr. Tboni-
bury what persons he knew in the Univenjij
that were inclinable to be studious: Mr.Tbon-
bury was so kind as to mention me as uir:
u|)on which his lordship sent for me to dinev^
him the day at\er ; I carried him some of it
private exercises that Ihad done in the Uai»
sity, which his lord:»iiii> read over, and wm
kind as to approve. His lordship kept ok sil
him several days, and desired to nave ma
conversation wiih me ; and he dismiMcrf m
with a generous present of 20 guineas, uUj|
me he should be glail to see me when bedac
to Sbirbum, and that he designed la mikf a
a present now and then till he could do mat
thing else for me. About Christmas a/kerw
the next time 1 waited on my lord : 1 and
him again some of my University esenOi
which his lordship perused, and was so iaH»
alile as not to mislike them : His lordship fr
missed me at that time with another gmxm
present of 20 guineas, and farther assaiwa
of future favours. About thb time Ibid »
ceived a letter from Mr. Gagnier, depntr »
fessor of Arabic in the Uuirersity of Oim4
wherein he complained to me, that be had ha
ill used bjT some persons in the Univernty,fir
having writ a poem in praise of her Iloyal fli^
ness. This 1 related to bis lordship, biili*
ship expresseil a great deal of concern ferll
misfortune, pitied his case, and sent himbf si
a present of 30 guineas. The third time J U
the honour to wait upon his lord&hip was ah*
Michaelmas 17S3, when 1 receired likeviai
present of 20 guineas : I should have abt ■*
tinned, that 1 received other smaller prosfe
from his lordship, 5 guineas at one time, td
1 guinea at another. The last time Ikii^
honour of waiting on his lordship and recddf
his bounty, was about Easter 1784. whei^
lordship made me the usual generous pti^
of 20 guineas, and was so kind as to ww If
me 30 guineas more, viz. 15 to Mr. Hoicfcii'
son, and 15 to Mr. Greenway ; so that vithii
the space of 2 years 1 received of his lorW^
bounty, for the use of myself and the gtM^
men of my acquaintance, 136 guineas, upQBi>
other account, and for no consideratius ski^
ever, but to encourage us in our studies, Hi
support us in the University.
Dr. Sa^er, I would know whether Ik N
guineas were looked upon as a single boastji
or was it to be an annual charity ?
Hunt, I believe so; they told metiwTM
received it as such before ; we all looked ifM
our several benefactions as to be cootinusd.
BIr. Smytkys. a clergyman, awom.
7 *
count of what he knows of my lord Alscdi^
Serj. Probyn, I desire he may giveui^
■ie knows of my loi
field's charities.
Sm^tfiys. My k>rds, in the year 1721 tkn
became vacant the place of a Master of aahM*.
>f Colchester, in the
pital in the town of
ol my Lord Chancellor, to which Ma«ehM
kinff James the lat had aonascd the cars •
souls of a parish a^ioinaMVi and which §t^
bad no nthcr f ra? mim fir a wmmHttt ^
Jhr High Crimes and Mudmeanors, A. D. 1725. [ 1246
Mr. Phtmmer, If my lord
r fifister had taken no uffticc of tite [la*
Dr had any care Uiti taken time out of
U 1 bare ()€en informed l>v the inhiiUi*
f the parish) of eithtr hurymi^ ifiPir d«nd,
^tizin^ their intJants. My Lord Chan-
beinif (a* 1 liuve been luld) iafumie^l of
mt to me to know if E would accept of
'aKtrr'i (dace. I wouhl not mti»tiikef my
ehiipUin sent me word^ if I would acc<'pl
\ place, and kt hitn know my Christian
I bis lordship would fseud me the ^runt of
did ISO, nndihen my lord ^as pleaitid to
* into the natnre'of the thing, I in-
I his lordship tliat no cure was taken of
ri^h at a)l^ thiKicrh I uppreheuded th&.mas-
the ht^fipiiAl oiJi^ht to iuUe care of it. My
irn n*s pleased to give me the grant of
bpital. and ohIi|^ed me to a particuJar care
I pansh ; and at the i^ame time desired
let him ki»ow what condition the church
L [ informed him that it war utterly un-
ditine service ; none had been performed
la 1 had been informed) time out of mind ;
k parlshionera wens in stich a rr<
Bi', that ttiey Here net eatvahlt ^
or divine wci ' ":v lord iliLU wai
i to order me i Iiim how much
put the <:T v^cnr. Upon this 1
t\i proper i * mvktneQ for llieir
; and hv t.,..r .luvce ! informed hi& lord*
U^L would do it* 51 y lord ordered me to
■ workmen nt work, ami he \rM..i,i ,i,,
pitts. Before the church wr
jfii my unskiifuhiess^ and the ( i
ien (as 1 then tlMHtfi^ht) «hiB C/U/. would
I acMjuainted ht» h>rd4hip with it ; and
ircd to kxtow how much more would do,
■kineo told me 10/. My lord ordered
rkmeu to proct^ed, and ibey should he
it other 10/. ; but by the faUiogf of a
nd other acriilentx, thix money ^vaR not
ioug'h, I was ashamed to betray my
"* rlf to be io im*
1 imn^tucd his
^iii »>iKjiij iiisMK^; » fii icntjined to puy the
If the money myself^ hut hdnf^ eticoii-
fhi^'ijr s-iycfj I fhd inform his lordshjp
t we were in. 1 then received
||. nimifiisiou to lei the workmen
the work, and *end up their bills when
ftd done, which they did, and my ton!
liately paid the moDt^y, which atnouotcd
Ct Hid.
iSuytr, I desire he may be a^ked what
^parish this is, and what kind of people
labitantiof it arc?
tfAi;^f. It is a poor parish, hnt not nutsie-
' (pannh that is
e, ahle to con-
' f this kind,
I)
< uttked whe-
to it, or any
^f Ayi. He hath no rehiiion to the town,
at near it^ nor any particular caQcem,
koovr of, for any hhiu heloitging to it.
Macclesfield
thinks it dt^ctnt to {pre this efidencei we da
not think fit to oppose i».
Dr. Sayer, Tlie chHritiea laid out by toy tord
Mftcck«5Md have been to til out clerkly men
for parishes, and to provide churches tor pa-
rishes.
Mr. John Mrytr sworn.
Sen. Probyn, I desire this witness to inform
your lordships, whether he was not formerly t
Jew f
Mc^ir. I was a Jew formerly.
8crj. Pn*byn. I desire he wouhl g^ive your
lordships an account of liis conversion, and
what cjrcumstnnces of hfe he was then in, and
bow he wus reheved?
M^yer. \ was hy several misfortunes, and
by the hardship of my relations, reduceii to
great extremities, afler 1 was converted troiD
Judaism*
N^rj. Prohyn. After you were converted,
what charities have you received ? Havr yon
received any collection made i'or you by any
person ?
Meyer . I did apply myself to my lord Mae*
clesftehl for charity* by the recommendation of
several worths ' • n: upon which r«com-
rati'ndatioo h was nleased to liestow
upon me a cliaiiiy u« .vo guineas, I was set
up in a way of living in 3ie parish of Hi. Ka<^
thcrioe's^ near the Tower : then the fire hap-
DcneU there, and 1 was burnt out, alter which
1 hvd a dangerous fit of sickness. His lord-
ship got an account of the same, and sent me a
secorid relief of SO guineas. The same time
that his lordship gave me 50 gvtineas, he sent
20 guineas to the reverend Mr. 8hu£e, who was
(reasorer to the society for propagating tb«
gospel in foreign parts.
Mr. J^dmard Saundcn a worn*
Seij. Prohyn. I desire he may give an ac-
count of what he hath received of my lord
Mttcc1ew6eld*s bounty ?
Saufuicr%, My lords, lu the year 17 K* tha
diiki? of Somerset, throu^jh the intercession of
the eail of Macch's6ctd, put me into the Char-
ter-house, where 1 was educated i-i^lit vpart
and an half; all which time his ur-
nisheil me with hooks \ and at m\ .; of
the school, he gave roe 40 gfuinea:* for the bet*
ter prosecuting my !(tudie« at Camhridge : in m
j year m\^ an half uAi'r this, he gave me 60/,
My Iprds, this wa^ not all ; for when I ac-
quainted his lordship nt my t^oing into orders,
that 1 owett some money at Cambridge, hia
lordship was pTeait^d to give me 40 guinea*
more towardi» the discharging of my debts.
Mr* Thamiury^t^, clergyman, sworn.
Probyn. My lordst, I desire he may
Ytiur lords hips what he knows of hit
lords, what I have to inform
1 5 this; that in the year If^l
about the latter end of Jnlyi tome application
Scrj.
inform
lur<l*t»i
yo.
1S47]
10 GEORGE L
Trial of the Earl of Macdetfidd^
[ms
liaviDf^ been before made to my Lord ChaD-
cellor by my father, I had the honour to be
•ent for by his lordship to London. IVhen J
came to town, as it was my only business, so I
made it my earliest care to wait upon bis lord-
ship, who was pleased to receive me with the
rreatest kindness and condescension, tellings me
be bad some li?ing^ at that time in his disposal,
one of which he intended for me ; his lordship
likewise offered, if I bad a mind to see tlie
livings, he would be at the expenoe of my
journey, and that I should have my choice
when I was come back ; but I answered, I
would refer that to his lohlship's pleasure. In
H few days after, he ordered his secretary of the
presentations to prepare a presentation of me
to a vicara^ in Somersetshire, called Nine-
head. When the presentation was sealed, and
1 had received instructions to go and wait upon
bis lordship for it, he was graciously pleased
■ot only to give me the presentation, but also
discharged the whole fees, and likewise made
kne a present of 100 guineas to buy me books
withal.
Mr. r. Withert, and Mr. Heruham called,
mho not immediately appearing,
Seij. Probvn. My lords, I am told here is a
reverend prelate, who will willingly stand up
in his place, and give your lordships an ac-
jconnt of what he knows of some of my lord
•llacclesfi'eid^s charity.
The Lord Bishop of Oxford stands ap.
Serj. Probyn, I desire your lordship wonid
give an account of what you know of this
matter?
B. of Oxford. My lords, the question put to
jne is concerning my lord Macclesfield's bene-
factions and encouragement to learning in the
university of Oxford. 1 am a good witness of
it ; for my lord some time since desired me to
recommend a number of young men to him,
whom I thought proper objects of his favour,
and like to make a considerable progress in
law, physic, divinity, or any other branch of
learning. He said he was willing to bestow a
considerable annual stipend on them, for no
•ther end but to enable them to buy books, and
encoursge them to follow their studies; and
Ibis without any regard to party, but merely
for the promoting of learning in the university.
i recommended several persons to him, and en-
quired into the characters of some who were re-
commended by others, and have no reason to
doubt but that every one that was thought de*
ferving bad a considerable allowance. I can't
charge my memory with particular sums, but
beliere his lordship said he was williuc; in the
whole to expend this way 4 or 500/. every
year. This is the sum of what I know ; if
your lordships desire to be informed of any thing
more particularly, I am ready to give an answer
to the best uf my knowledge.
Com. Serj, My lords, we have now gone
IliroiigU our evidence, and I shall beg your
lordshi|»' indulgence for the making
short ooservations upon what has bem offered
in defence of the noble Earl, dow al your lord-
ships'bar; and as tliis proceedinsf has already
been drawn out to a veiy great length, I an
sensible it will become me, to use as mock
brevity as may be. I shall, however, before I
proceed, beg leave lo trespass upon your lor^
ships* patience so far as to say, that if in the
course of this proceeding, anv thing sbooM
have slipped from us who are of counsel for ibe
Earl, winch might not be so exactly suitable lo
the very great respect and deference, which b
due from every one to this aug^ust assembly, I
hope your lordships will, in your great good-
ness, impute it only to the inadvertency, wbtck
the variety of incidents, and hurry attendiof
proceedings of this nature, may reasonably m
supposed to occasion, and as such excuse it
We hope, my* lords, that what has bfCi
hnmbly offered to your consideration, in be-
half of this noble earl, has made him appcsri
person very different from what be has faca
represented to be by the Keotlemen of lbs
House of Commons ; and 1 am apt to ser*
suade myself, that if they bad been as well ia-
formed beforehand of what he had to say is bii
vindication, as they were of what they bsdii
object to his c<^oct, your lordships wosli
have been spared the great trouble occaiioid
by this long prosecution.
It is, my lords, the peculiar happioea of •«
constitution, to have in the different parts of i^
all the requisites necessary and proper for tbi
preservation of the peace and welfare of thM
who have the good fortune to live under it h
those, whose part it is, like centinels, to waick
for and guard the liberties and safety of lbs
people ; who are the grand inquisitors, tosesicb
into, and expose every thinp; that has eves tbi
appearance of being hurtlul or daugerooi li
the liberties or properties of those they ic-
present, vigour, warmth, zeal, I badalmostiM<
some degree of passion, seem proper qoalifi-
cations ; whilst calmness, moderation, and fi-
ticnce, not altogether without tendemeis isl
mercy, are the proper characteristics of iboM
who by the constitution are to determine aof
judge. And, my lords, 1 may venture tonyi
that, to the glory of our nation, all these qM-
lities have l^n exercised, and every parti(
our constitution hath exerted itself upon oc-
casion of this proceetling: His majesty's grtrt
condescension, in readily laying this mtlier
before his parliament; the zeal and \iguarif
the House of Commons in examining ioio
it ; the great abilities and industry which tbe
learned gcntlen^en, who have had tbe bonoff
of managing this prosecution, have sbc«i^
(they will pardon me, 1 hope, for saying, 1
could have wished it had been attended viA
something less harshness and severity,) td
your lordships' great goodn(*iis and patiete^
hitherto so conspicuous, and of the continoaMl
of which there is not the least reason lodoiA
are so many illustrious proofs of it.
Give me leave, my lordt, to prooMdlKlfci^
ISld]
JiiT High Crimet and Misdemeanors.
A. D. 1785.
[1250
itl T ^le part which thetioble Karl At
the I I'! »JMhi5 i^flTiiTf. Hi* ffnilincss,
ll*rhtli lilUi la- 1 ;e, he
lluuuil th« thovi jiu'i ot
ucery 2 won. ior, .iiii.vna toi Luri ftjugty
flV'ci, iu hi} inif ihe dH^nk More hi* ma-
Fiiifoaui-il ; Un
he tifwrwnviiu
WOTl
\i and pro|»€r ot-
ujum thut OC'
M^ ti> havij them
icutc tiiin «tiitl,
r. liiitatiou aud
to be (lone
1 . . uiL Nur
iinti J tviih
. V€ lii_| , n' (if li
neritot what i
vi^ftrdi the i' ' . i ,
nl\ your Ion l;i hips be at « hist, id
fl^c«ih« ihw tichni'iuur ol* the £;n i i
uulioh; the rc|tre«ieutAtioui« ivhich hnic hriu
[iwlc of him ; vhcn you filiall consiiler iUa
idy nil' I ^€iil for our caaUilulioii,
vhich oil ^1^ hure m lemarLuMy ap-
iir^tl in Inn^ \ r>ur turdithipSf na doutit, r^-
Dcmher those timfcsi autt coo^unclures^ *vl»ich
wail ihoupht rtfjutred not (il' ',^
td un't'ction, hut vii^or likex^
t (ffcsorvi* lf> us, itu-
(ion, Thfn it v^ujs, u f,
, i._. ,.., . iiobk' lord so t^iiutjtiii r v>.»LL*l
thofiv threat aUhtics he \vm inui^ter of; luit)
liat with »ucb succetis, as i^Biued Uun di*- :iri-
roUktionuf hit uiujesty, ivho th'»u:
I liOBigtial lift tojuslify hi*$ [i]iiiii;i
[wurdti hiru« and hi« goodness iti taivmg liiru to
liK» great botiour. And can it easily \^ thought,
ay lordc, tliat one so i)tiahlHHl, i<} all ec tinned,
o dijktint^uishedf slioulit enter into a wihl tk-
lign of dect'i%ni^ both king and parlbmifnt?
^r that lie ihould enter into it« unu carry it on
poor and iiidiM ,1 [
ailed irj ihe Chary r
lid of thought titiu tuuni*auvt^ KKti 11 H::-
more of roadnt-ss than any tU\n^ eUe*
MHie be could tte thought capable of at*
ling^ to conceal mnitt'i'^ tbn^t were so notO"
i to every body, iiud that by a uicati<( which
aoii the very nature of it, must in some hUmi
: have betrayed the contrivatici' ; \ ,1 sure-
f, tuy lord%j hti« feamanil f»p|»i ivonld
f restiained him from coiiHr, ^ him-
llf in a maltcr of so high fzoncerii, viithout
Ibtioction^ to so many pennons us ucre then
luppoM'd to he prc&eiit ; that he «hould publicly
fitr hiich orders as would cerlamly expo«e him
(»f his mt\je«ty and lioih
! rnl» iu hope** that such ft
' ' >'» mmiy people aa are
.1 in it; turely, my
'' ■">rdinary a tiatmc»
1 1 an what arises
if]\/^'(Kir\(' vvitli a
;ed to I
untLL :,
of people a
Eit a hurry an I
W^y great room lor misnp^
bete It was easy for one to 1
ttitd
ivill not think it reasonable to be relied on, a£ m
proof of micba charge.
My lords^ the foundation of thin whole com-
phiitit njpiuiit ilie £ari is hid acceptimce of pre-
aeuU or j^tintieii, upon the disposal of place*;
or, ttji the ^cntlcmLii of the Ilouse of Com-
in«Di» :r '' ■ T ; ' V ollin^J of
pb(;is, < > uf tlia
Courts * M.Mn.c.> ♦Vi iiafL uouiiitcd tha
i.icl8| but without admiit'm^ those drcum-
aitancej which accompany U« »^ it sianda
chai|;:ed id the several Articles lor ttiat pur-
pose I sad we hu{>e we have jiattsfied your
tiudshipj) that it waa no ways illcu:ul to acl
us the Karl hath done upon those occasiona*
To hupport uur reaetouiog upon that head, wo
pro)M>««!d to shew to your lordBlii|»S| what tha
^cnse and ojiinion ai divers (^[reat and learned
men bad been in respect to the law in that
poin1» from their own practice »»ud behaviour :.
And w« hope that the evidence uhieli hath
leen oiTered for that pur|»o^Ct haih plainly made
it out^ that the Earl hath the couiitant usaga
<d' bi« predecejisors in tlvai oflice, ns well as of
*«lhe? grcjil persotis in other 5i«uon?!t| to conn-
lifnance wh^t he huth done \i\H>ii buch occa-
siuns, and ihut without any m^rks of jiarlia-
menlary reientment. If this noble lord stood
iri need of an excuse for having t^ken ]Mesent*|
liow elTcctual would this be for that purpose ?
For sure, my lords, if it were allo^^cd that he
liad erred iu thifi umtter, yet after sucli greai
examples, your lordships would think U aa
error only, and not co oH^eucc Mbich deserv*
ed a heavy censure*
The rest of the Articles bate so near a rela-^
lion to the ehuri^e of taking money, being only
a^gravatiotia ot that matter, iindei the several
circumstances therein conloined, that I hum*
biy apprehend^ they do in a great measure de-
}iead upon, and will stand or fall ti>gether with
it. And us the evidence which baa been given
in relation to them, and the observation a made
thereon, have been so full, and are yet so freab
in your lordships* memories, I will avoid trou-
bling your lord*ihipa with a needlesi repetitiou
of any thing upon those tteads.
My lords, the source of all the evils her*
complained of in the Earl is supposed to be ava-
rice : every thing is ascril»ed to an immoderat*
thirst after gain I an irreguljt desire of amassing
wealth. And great endeavours bare lw?en iiseil
to persuade your lord^bip^, that the £aif was
so wholly tJimted, %o thoroughly possessed with
this vice, that he had nolhinff m view but to
l^riLtify it ; and every single action of hiw had a
tendency that wa> . Bui nitre, my lofds, tha
evidence ju%t now laid bHore your lordshipa^
*ihcWH a i*pii it and temper of mmd far dilliTent
from that, and total I) inconsuitent with it. Amt
none, I hope» will object against ovir having
to another, B«i if spoke to htiuikt)! ; and
l^rnre it proceeiled, as I presume, that
d' that transaction, by th<^
i in tt« is \o varioott and
iiut umi WM humbly boj»eyour lortltbipt
*,it wa*» ' entered 'w[t\ n proftff>( ifnitnuiure; there at •
soma '■ V this is one, that
willJM I man in puhrmhing
1' 1 dttuU; uiiij upon which even cha-
at first ioleudcd {a^ they ought) In
4tt aileiJCtf, and known to nona bv%
41.
1251]
10 GEORGE I.
TritU of the Earl ofMaccle^fidd,
[1?5«
the great rewarder of them, may be withdrawn
from iheir privacy, aod disclosed to public
Tiew.
My lords, the instances which we haTe pro-
duced are not of pompous charities ; we should
then, no doubt, have been told that vanity and
ostentation had the greatest share in them:
bad ihey been a few instances only which
were laiJ before your lordships, though far ex-
ceedin{<f in value those which have now ap-
peared, it would perhaps have been said, that
those were starts and tits of charity : but your
lordships will observe that these nave flowed
in a continual stream, and can be owing to
nothing hut a constant habitual benevolence
towards mankind, a regular and continual in-
clination to do good. And can such a tem|)er
and dis|iosition of mind be consistent with in-
■atiable avarice, base corruption, and merciless
cruelty, in spoiling and oppressing widows, or-
phans, and lunatics, and such too, who were
under his guardianship and protection ?
My lords, we hope it will be thought im-
possible for such 0|ip03ite sentiments to reign
in the same breast, at the same time ; and that,
at least where any thing may appear doubtful
in the Earl's words or actions, not only the re-
ceived notion of our law, of presumin{| always
in favour of innocence, but this benignity of
temper in the Earl will determine your lord-
■hins to consider it in the most favourable light,
and never to intend any thing harsh, which
will admit of a milder construction.
The cries and tears of widows and orphans
have been artfully introduced, to raise your
lordships' compassion and indignation upon
this occasion. It is no wonder, my lords, that
women and children should be frightened at the
first appearance of the deticiency m the suitors'
efli'cts, which was represented in so terrible a
fiew ; but we hope, my lords, the terror is sunk
with the delicirucies, and that in a great mea-
sure these cries are hushed, and tears dried
up, now it already appears (as we hope it evi-
dently (loos) that no very considerable loss is
likely to licppen to the suitors, and that the
prospect of its being lessened still improves.
Under these circumstances should your lord-
shi|>s think (which we humbly hope there is no
ground to suppose) that the Karl has fallen into
any mistakes; yet when his Majesty, your
Lordships, and the Counnons, have extended
their clemency to those Masters, who have
been the acknowledged, the immediate instru-
ments and actors of the evils coniphiincd of,
and of whatever may be prejudicial to the
suitors ; and the legislature hath interposed, to
preserve them in the enjoyment of their offices ;
we hope the Earl would iiot be the only object
on which your lonlships' goodness did not
shine. We rather hope your lordships will
consider his misfortunes ; and when you look
upon the high eminency from whence he is
fallen, and view him at your lordships' bar,
scourged with the severest stripes the tongue
can inflict, and (what can be more catting?) a
punishment, from which he had some reason
to expect that his relation to ^our illostrioai
body might have protected him: that iheie
circumstances will raise those ffenerous seuii-
ments of tendernesss, which afwajrs dwtll n
noble breasts: a tenderness, no ways inco^
sistent with your lonlships* justice,' to u bin
the Earl cheerfully submits himself; and tha
in imitation of the unerring Jud^e of all, whoR
vicegerents you are on this occasion, your
lordships willin judgment remember aien.7.
Mr. Onslow. I would not interrupt the geod^
man that spoke last before be had ended ; bsi
I must now, before this gentleman goes on, in-
form your lordships that an incident bath hsp-
pened, that the Managers think they areoblif^ed
to take notice of. The right reverend prelate
is not by the Managers in the least saspeded
as to his veracity, and the truth of what bfl
says ; but in judicial proceedings, especially ia
a criminal case, as this is, the Managers tfa'iok
witnesses of all sorts are to be examine*! upaa
oath ; not, as I have said, that they have as;
doubt of the reverend prelate's veracity ; bitf
for the sake of the precedent, and to prevent
ill consequences, the Managers think his k)rd-
ship must, as all other jiersons do, ffive bisto-
timony upon oath : your lordships liare prece-
dents in tlie case of my lord StrafTuni* ici!
others. The witnesses,* if memliers of yonr
lordships' House, are to be sworn at the tabie.
and give their evidence in their place.
H&j. Pengeliy, My lords, if it be iosiiteil
upon, that what the reverend prelate np
should be taken as evidence ; we humbly ap-
prehend, according to the rule of evidence, be
IS to give his evidence upon oath. And thii
being so material an inciilent, and the proie-
cutioii having proceeded so far, we humbif
beg leave to put your lordshiiis in mind, tbat
it is insisted u|)ou in point ot testimony, tbtt
the reverend prelate would be pleased to ke
sworn.
liord Lechmere, No doubt but the revemd
prelate ought to be sworn. It was not laka
notice of If the prelate be called upon as a
witness, his evidence must be upon oath.
Bishop of Oxford, My lords, I should be
very sorry to give any offence to vour lord*
shijis ; if the honourable Managers insist upa
it that I take my oath, and your lordships di-
rect lue so to do, 1 am as willing to givemv
evidence upon oath, as without it. I submit it
to your lordships, whether you will look opn
the Jounials, to see how the precedents stiw!^
Lord Lcchmere, If it be insisted upon to look
into the Journals, the parties must withdraw.
[Thereupon it was waved, and the Bisbif
sworn. t-]
Bishop of Oxford, My lords, for the advaBC^
meat and encouragement of learning io tbt
• This Case is in vol. 3, p. 1381.
t As to the swearing of lords of parfiaaesl,
see in this Collection, vol. 9, p. 77% ; vol. 7.p
1458 ; the ezaminatioD of lords "^ ^^^^
U»8]
Jot High Crimn and Mkdtmeimors* A* IX 1725*
Ti
Uaber«tty of Oxford, I remember my lord
Hiccte^fieiil some tlnh> ^iiice, tuld itic lie waa
wi1liii£f 10 alloi^ I i;trie« to persons
Uiat were Btutli> i , atal that this
I and C»rl«»ret in Kelly'a Caw, p, 470, of tbi^
valumet and FortescueS [leporta Uiere referreil
m, 8ee, too^ Peidce^s Law of l^ridence, p. 10.
I In tlie Lorda* Journal I find thai on ** IMay
||6tli, 16B5, the earl of Radnor reported from
the lonl*! commiiteefi for privileq^e^, That the
liri of Plymouth infbrmeil their lordships, thai
Ilia lortUhip bdog to give an answer in Chan*
y, he offered it to air William Beverfthaoif a
in Chancery, upon hii honour; but he
Wltiaed to take it, unkiis hta man mt^bt hold a
Bible iH'ttire his lord^hip't face : but tliat air
Timothy BiiKhvin (unutjier Master) immediate^
took his answer, without Uyiug the book he-
re him.
*^ That it it the opinion of the committee,
Uiat a Mafiter in Chancery refuvin^ to take a
peer's anjiwer in Chancery upon his honour,
fvithout (ayins^ m Bible betbre nim, is a tu'each
of the prif ilegi? of peerage ; ami that yotir lord-
ahtpti ^i1l be pleMd to make an Order, to be
recorded in CMncery, to pre? ent auch iucon-
venierM:t-s for the future/'
The House agreed to this Report, and
mide the euauing Order :
Upon report made to this nouie, from the
ords mmtntttfea for privileges^ that it is the
pinion ot the said committee, that a Master in
[;|jaiicery relusing' to take a peer'a answer
' ere upon bis honour, witboui laying a Bible
niiD, ia • bretch of the privik^e of
f e ; and alio that thia House would be
|teaj»ed to make an Order, to be recorded in the
i^ourt of Chancervt to pruvent the likeincon-
^eui«nce« tur ihe future : it ia ordereil, by the
trds spiritual and temporal in (larliument a^-
' 'eel. That this liou»e ai^recs with the lords
niitees ftir privitct^*!^ to the said Report ;
I do lartlirr tmUr^ that this Order be regis-
iu the Court of C ban eery « to prevent
dniots of tlte hke nature for the time to
air Wilham Beversham waa ordered
DdtlMi Hojae on the next m<>rnirj(f to re*
» th* r*'^i"*'l»»*"«;ion of the M^n^'v ^«)ioiM-
icud 111(4^ ill ifas !»cver( >nded
iliel^>!' , .andatWrh leased
iJkult, crMti^d ih« partloti ol ihe lluuse and
» tarl nf Flyrooiitli, ami promt«ed nerer to
Rmit the like oAsoot ibr the future, be was
eharged.
On the 50tl» of June in the same year, the
'ri.ii *^ rii:ii ii.i tLf Itituretheri^ht
^ the C>real8cal
, : ui^) for the lime,
kc r«ri% ilmt m ail ciimmiiuious thut are
I oiit of ibt Court t»f Chancery, for tttkint^
Itiervofp' Morda lor th<? Inrure
h <*ut« ' L>«aiicttfi» UcA Etum-
[125*
if of any wirt
should be done for '
of learning in getKs haimn^ it to
any particular science or fifccully, and without
any relation to uarty , provided the persons were
worthy : and 1 desire leave to own to your
lordiibips^ titat other wise I would no( hitve hid
any concern in it. I did, my lords, recom-
mend srveral persons, whom 1 thought proj^)er
objcLis of his lordship's bounty ; anil, at hia
lordship's request, eoquirrd the characters of
otiters, who hud heeti btdtoi^ recommended to
him. I have reason to Wlieve that several of
these succeeiled in his lordship's favour, and
received bountifully from him. I dare not, at
this distance of time, charge my memory with
particular sums, but believe that the noble lord
assured me, he was willing, in the w hole, lo lay
out this way 4 or 500/. a year. This» as near
as 1 can remember, is the sobatance oi what I
said before.
Mr. Ilobins, IMy lords, I shall presume to
take up very hule of your lordships* time, iu
(ib^ , wh^t has passed ut this soleino
as ite two Houses of Parliament.
'i \tv Hi Virion of it has been to exsmine into
the conduct Jiud behaviour of a niernherof ynujr
ov^n .,...,,, ^r fiotiy^ duriug the lime he had lire
h<» ve his most sacred imyesty in the
hi^!, ^.._ A Lord Chancellor.
And the Commons have faithfully disdiarged
their part, by omitting no one circti instance or
in^f^rettteut, that could )K>s8ibly serve to hei|(btea
and aggravate the crimes they have thought fit
to lay to bis charge.
But whether, after all, the mistakes, the in-
advertencies, the example of others, and the
frailties even of bumnn nature itKrlf,areDotlhe
IV hole, the sum total of all Ihiii solemn and
Dompuu^ trinl, will I behtve with many remain
for ever the <}uestion.
It wouUl not perhaps be for the service of
this noble Eurl to say, thut every step he took*
every advunce he riinde, for the benefit and re-
lief of the suitors of the Court where he pre*
sided, was the best that could possibly have
been invented; it will, we h«<pe, be sutficieitt
to say, that he sincerely thnught them the
betit ; and if better have been since found ouC^
ivhicb have proveil more etiecluul to the fmme
end, it only pioven him not to have been iufal-
lible, which surely is no erime.
And if the actions of his privsite life, his Jus*
lice, his pit^ly, his charity i»nd bis compa nmn
for otljer^, mny be allowed lo cjiu»i any htjht or
reflection on ht^ public conduct and belioviour,
I htltfie, my lords, I m<ty presume to iitUrmi
that ihi»st? who aie 4i(i|uuinied wjih hot umo*
cence in the one, will never lie biou^httothictk
liifii I i-ifiiiii^il In ilit^ (iiitvr,
m| many are the abuse's*
tin . ^he evils vihich have
sprung up in our courts of jnntiee, evtni to I be
ditparagi mrul ami discre*l<t of justice itself.
And (omplainta ot tht** kuirl tin ve been made in
tiliuo>«t all il^rs^. though ut the s;iute lime ihey
liare beeu justly placed to lUe ai:coutitof iotttt
1
1
4
1255]
10 GffiORGE I.
Trial of the Earl of Macclesfield^
[1S56
of the lowest and most inferior ofBcers and mi-
nisters, which are necessarily and unavoidably
made use of in the dispensation and distribution
of justice.
And if an effectual method of cure could be
found out for these : if those who are to give
the last hand to the completion of justice were
pure, the streams would then run clear and un-
disturbed to tiie end.
But, till that is done« till means are applied
for the puri^ing[ and clearing these channels,
through which justice must be conveved, it is
BO wonder tliat the fountains themsefves loolt,
as it were, muddy and polluted by reflection.
But, my lords, how desirable soever these
ends may be, they are only the work of the le-
gislature ; a chancellor, or a judtre, may sit by
luid lament, but they cannot help them.
They are only to be effected by that power
which has a sort of omnipotence ; and when
they are effc'uted, I believe none will rejoice and
congratulate themselves more, than tlie many
learned, great, and upright men, which pre-
side in our several courts of justice.
In the mean time, my lords, as the sentence
which is prayed against this noble Earl will be
of little availto stop the mischief ; as it will in
some sort be a punishment of the innocent, and
letting the guilty escape : we ai'e too well ac-
quainted with your lordships' just and righteous
proceedings, to be in any paiu for this noble
flarl.
Let sellinpr of places, taking of presents, or
any other the known and usual profits attend*
ing great preferment, be for ever abolished by
II plain and explicit law ; and 1 believe I may
presume to say, that no complaints of this kind
will ever be maile mere ; that Wostminster-
hall wf 11 never agixin be named in an impeach-
ment, and that yuur lordships will have no
trouble of this kind for the future.
Dut this, my lords, I am sure I may ven-
ture to say, and 1 will say no more ; that if it
lia(f been the fortune of (his noble Earl to have
lived in such happv days, his name would never
have been transmitted to posterity in an im-
peachment.
Mr. Strangr. My lords, we are now come to
the close of iTieDcl'ence, wherein, to avoid con-
fusion, I have hitherto confined myself to the
{>articular part which it was my duty to open ;
your lonUhips will ihertfore permit me to take
leave of this august assembly with some few
short observations both Uj<on the Charge and
the Defence.
Your lordships did for four days successive-
ly sit to hear tliit; noble Earl arraigned, as the
most corrupt, oppressive, and avaricious person
upon e^rtti : it was done too, my lords, in a
manner from which I should have thought tlie
relation he bears to your lordships would have
been a sufficient protection; and without
which the honountble Managers might very
well ha\c discharged their duty to the House
of CommoDs, ia laying the G^se before your
lordsliips.
But, my lords, whatever reeentmeDt this
treatment of one of your own iiody might raiie
in your lordships, I must for my owd |iart con-
fess, that 1 heard it all with pleasure ; as it
was an open acknowledgment, that all honctf
art and legal liberty were necessary in aggn*
vating the Charge, and pooseoaing your loc^
ships with that opinion of the noble Earl, that
the gentlemen of the House of Commons de*
sire you would entertain.
My lords, the Charge in one general view,
consists of an accusation against the nobie Earl,
either for doing what his predecessors did be-
fore him, or for not doing what it is not pre-
tended they ever did : a singular miafortooe la
this noble person, that the following such greit
examples, should in every instance be impotcd
to him as a crime.
As to the accepting presents for offices, my
lords, we have fully proved tt» your lonlshr^
that the same was done by the prelecessorsof the
noble £arl within the liar ; and we must bunyy
insist, that if the statute of Edward 6, be takss
as laying a restraint upon that practice, jcl
having put the case, and said what sbonld be
the consequence, your lordships cannot go cot
of that statute to punish the noble Earl.
My lords, it is the misery (I may say tbt
slavery) under which other nations groan, tbat
the punishment for crimes is arbitrary and ts-
riable, and that he who commits the sroalleit
ofience may be put to undergo the most rigor-
ous punishment: but God be thanked, or
lords, he hath not dealt so with tliis natiou, bai
that this people hath knowledge of the laws;
crimes here are stated, and so, my lords, ars
their punishments ; and give me leave, mj
lords, to say, that this is one of the main chaa-
nels through which our ancestors have deli-
vered down to us that liberty, which u the
glory of this, and the envy of all other oatioas.
ly
My lords, the act under your present i
deration puts the case of accepting money for
an office, and says, the consequence shall ht
the loss of nomination : there arc no words that
declare oflices were not saleable by law, or that
they shall not be saleable for the future, upoa
uhich to found a prosecution by indictmeot or
impeachment; though if such words wcreia
this act, I should still humbly insist, that as
well u|>on an impeachment, as upon an indict-
ment, the statute, and that only, must be the
guide in ascertaining the punishment.
My lords, the Articles have bestowed numy
C{'iih'eu upon this action; such as illegaUvi
corruptly, extorsively, &c. But your tori-
ships will not find them in this act of parlia-
ment.
And as to its being an offence at oommai
law, jgive me leave, my lords, only to put jot
in mmd of three proviboes in this act, which
speak the contrary in the strongest terms. The
first is the clause which oonfirnu all hargaitf
then made, and which were to take ^ffiect H •
future day. The next is a declaratMm fo ^
offices the act shall not extend^ i
are of a pnUic nalureiM keeper ef ft 1
Jht High Crimes and Misdemeanors* ♦' A. !>. 1725. [1858
to ibe iitmoAt ; and his nuje«ty» who was heal
able to judge ofthe ^e&tnefis of his serTicei,
thought they deserved a reward proportioned to
the mast extiUed merit, luid iberdbre ndited bioi
10 your lordtbipt* body.
miinor, 5fc. And the third i* Ifvat which tikes
ifiniicr, that by law the jod Ljei roi^ht dispone
»f ottices» and ih<^refoie lejivcslhcm to the full
rty ihey had hcl'ore the act.
bd if 10 this impeachment we stand clear
►the»^Hingr*d officet, then no aclsoromi^^
akina towards raisinif the price (if any such
lAad heeti proved) will make the Earl crimtaal,
^ rbich is the whole of* the Charge,
My lordu, your lord*hip« were told in a rery
ovinjf manner, thai the noble Earl was par-
»d hUher hy the ntiited cries of widows and
rpbans — But we have heard none : no iustancc
I lieeii giicn of any one preference in judg-
It, of one peony taken during tbe whole
-ae of bia admin i*teNo(f justice to these
|Lin>^dom!i, or of any one tolontary complaint
t liiis hcen made against the Earl ; and yet,
iiy lords, he has been represented as if his
Crimes were full Mown, as if he had divesteiJ
imself of humuhity« snd taken pleasure in the
nisery and ili^tness f>{ his fef low -subjects : as
e, whobc only motive of action was inordi-
late gain snd wicked lucre ; and as one over-
aken by the Uommonsi, triumphiop in the hiit-
iry oi u«j»uni«he<i crimes. Vou liuve Ijeen
ui'd to<», my lords, that in him oppression
Itisurpetl the *ent of justice \ and that by him
[the beauty of pi«iitce was deformed, and throui^h
lilts mentis justice stood afar off, and equity
[could not enter* How little ground, m) hirds,
there una for these complaints, may, 1 thinks be
biHy infeirt'd from the d^'fect of evidence m
liiv piiriii'ufir
tMith Kito his public and private hfe, yotir
nriUhipi have not had one wrtoesii appear at
rour bar against him*
but* my lords, Ftnce the cries of widows and
rphana wore so mucli ntentioned l*y the ho-
nourable Manager* ; we^ who arc counsel for
llie nohle liiirl, thonghi it our duty to shew
boiir tordiihipR, that those cries were uotajBfainst
bim as an oppresi^dr, htit to him a^ a relietrer.
IimI how little Ar»etcf this noble Eiirl thought
■ iiit of these I'. - -. ' '■■! '_ fit
■\ yet«i*rf I ■ :-
1(0^*' .1 rircuillsll-iTlCe, yiliU*r V^iutn n i>i i;i'v>iiil
or the left hand tu know uhnt the rij^ht hand
olh. And the^e acts of charity and g^enerosity ,
iich were not treasured up for your lordahipa'
, but for a gireater, are however proper to
' in this place, in vindication of the noble
a^tDft a charge of covetousuess and
>rrupii*in.
And now, my lords, f^ive me leave to add,
lliat tliough tl»e private manner in which these
charities were performed, has made it neceasary
■ UH to enter mto a particular account, and an
r>unt that takes in Komeofthem only ; yet
, iif lime w iJtn iie
u and saw (ua«
f-e. The xvuK uit^fi
tut rfiyal tamity wus i.i..... .ii . ..,.. ^s
kit, tod hii inrrit c«»riaisted io advancing it
E. of Alaecfesji eld. My lords, I bej^ leavtf
that I may have the liberty to lay before your
lordships some observaiiotis on the t^feralparU
of the evidence given on both sidea.
Your lordships will easily imagine^ that ft
Charge of this nature must have aflected me
very much, and the great faiitjue ] have uodefw
l2fone hath not allowed me the liberty to consi-
der every iiart so as to mfike the proper reflec*
tjons fit to Isy before your lordships.
I Ijope your lordships will ^ive me a tittli
time to recidlect my thouf^his, that J niay s|>ealc
in such a manner as i(» fitting to your lordships.
1 desire your lordships wtd gire^me leure ta
make my observations on i^Ionday next.
Then the Managers and the Counsel with-
drew; aud the House adjourned to Monday
moruiug next, the 17th day of May.
The Eighth Day,
Monday f Maif 17.
The Lords being seated in their House, the
Serjeant at arms made proclamatLon for sileooe,
OS also another proclamation, That all j^eriiona
Kince» after the strictest scru- j concerned were to take notice, that Thnmas
earl of Alaccle^fteld now stood upon his trial,
and they might come forth, in order to make
good the Charge.
L. C. J. King, Mr. Serjeaol Probyo, you
may proceed.
8erj. FrobtfH. My lords, I am hnmbly to
ask your lordahips* pardon for some omissiona
%ve have made in the evidence we were instruct-
ed to lay before your lordships in behalf of the
noble lord impeached the last day we liad the
honour to attend your lordships upon this occa-
sion : we had norae witnesses to offer more thaa
were ejramined at that time^ and wt? hope your
^lordships* indulgence will continue to hear them
now ; they are but very tew, but yet such as
we apprehend are extremely material to the
noble lord*s defence. The last evidence we
laid before your lordships related to several cha-
rities (riven by the noble Earl, in order to shevr
that he was not of that avaricious temper at
bath been represented in support of this proae-
eution ; and that the con»ttant habitual course
of his hfe and actions, hath hecn directly con-
trary to any disposition of thtN kind; but we
apprehend it %vould stilt have greatly added to
the weight of this evidence, had it at the same
lime apppeoi ' ' ' hipi what tbe
fitiids uere, . ;inties arose ;
that the real cm vr i>i;H u .mi-v ,,ijlde lord hath
purchased, does not amount to more than
:i,0<K)/. a year, and thai his personal fstate
acarcc exceeds 2»000/» When we bare ahewa
ISMj
10 GEORGE L
Trial of tie Earl ofMacde^^
it ia4tt «vi*fy TOsu* iordtbipf, tbai the
»oUe EaH b*tb be»' i&rich mcri: rhirifiUp
ftffrjrd. llksre tt Ai^iiiiirr liiixi;^ J be^ teat e W
Ulut iy>uc* or, u> ^i(f i iAT>^ ao ob^eciKjio 1 &iu ap-
prib^MAvlve w e Mia! J bear of frors ib*; otber fc!4e ;
and ibai in, tiua tbcM; cbarxtica wen dm j^lrexi
by th» D//U« lord oot M' bu crtra pucket, ia rc-
l^ani tbera b a (am pf naoae-y cailed box-EDonc}',
itbtcb U laid out and d tu-iLuud ia prirate cba- .
iilii9» by the Chkoctik'tr every yev. Bui to
cxpluo aay «02;{(«vttMt of ibit luod, w€ bball
fbrv that tbk C^^x- EEKAiey, thoi^b acdeiaJy '
itMd to be coiuuderable, vei ol'boe jwan h bath
not aoKMifiU^d to more tban 172/. a^year: and
aa there bite been aJwayc particular objects of
charity reco:nir«ended t/> tbi* bounty, so this '
mooey bath leeo applied by bk lordibip io the
ftame manner it i»a*i usually applied by bis pre-
eDiifdy? NahodycM^cakHctaBcrabi.
CiCU at borne: ir iliii h urn jnaabii ■■ ihiiiili
know axiT OKweof it ikaa shaft serves his p«r-
p^'Ses. Therefore, my kr^ «e nbiBit a,
wbeuicr ihcy shall he penised to ^ iaio tLs
sort of eridsaee ? or, whether loor JorAihifi
wiil cDier iioo any farthtf exaBtfaatioQ ?
Mr. Lkfv^ri^r >Iy kM^, ve thiak it ii rf
great coctequeoce to year kprdships, vhea m
eridcnee haib been so full, mad « ith id ^tot
jntieoce heard to ereiT pankular Arudle;
«beo that evidence liath'been saiDaicd npL mi
e&forced by oc>iii.set, aad every particiiUr tf
the Article animadrened apoo ; we think that
is no precedent in any court of J3»tjee, whcfe
new witnesses ba^e, in soeh a case, been p«-
mitted to be examined. Witnesses here hive
been produced ; there biih been an inierrapdoa
of two or three days for the noble krd, at kii
decevsors; and that no part of tbiv money ever ! own desire, to naiake bis ohierrations on ike
went in any of those seieral charities, we have etideoce ; to offer iKnr to prodnoe
already gi leu your lordships an account of.
Herj. Pengelly, My lords, we bee leave on
the liehalf of the Managers, to rffier to your
lord«ilii;is' consideration, v/noe reasons why they
ought not to be permitted, at this time, to go
into the evidence offered, aherthe indulgence of
many days, and defence made on the Articles,
and the evidence summed up by the counsel for
the lord impeached ; and a day is only given to
hear the lord himself, at his own iksire, to sum
up or defend himself against the Charge against
bim ; they ought not now to be allowed to enter
into a new defence, or to give new evidence. It
is a new method of practice, after the conclusion
of the counsel upon the whole evidence, to say
tliey have more evidence to some of the facts.
My lonhi, 1 don't know any tiling of that na-
ture r'\er allowed, espci-ially after the examina-
tion closeil, and an adjournment for a day or
two. Ueyides, as to that part of the new evi-
dence which the counsel have opened, relating
to the particular estate and circumstances of
this Earl, how can the Managers be provided
to give an answer to \i? There is nothing
in Uie Article leading thereto ; they do not
charge him with having a great and large
estate, though that hath been formerly a pro
per Article in an Impeachinent. But it is^ incumbent upon us to enquire, at this time of
not made one in this case; the charge of
the CoMimonH is confined U> particular sums
received. It' the Managers had gone into the
enquiry of any other sum, at least without
Iiaiticuiar notice to him, I lielieve it would
lavc liecn objected a^^ainst by the impeach-
eil Karl. Therefore to go into this sort of
eviiUiice, i^liere ther^ is no char{>e by the
Commoiiii, is putting the Commons to answer
what is not in quehtion, which it' they do, must
lengthen out the trial unnecesHarily. If'thecir-
cumstanci-H of his estate l>e material, there must
tiien 1m> a farther lime given to con radict their
proof, which |iOKsihly may be done as to his real
•state : hut as to his personal estate, how is it
possible for any man to tfive an accimnt of
that f Jiulli oot this lie io bif own knowledge
that they had omittal to produce before, is p»-
fectly new and imusual. I suppose they m
these witnesses in their briefs, and, if they had
thought fit, they might have called them. 1
know of DO iosunoe of the like in aoy court «f
justice ; if the gentleinen of the other skle wil
tell us the precedent, they may. I think it ii
of dangerous conseqoecce« oot ooly in thii
case, but in all other proceedings in cwms d
justice. It your lordships think fit to let thesi
into one or two witnesses, I do oot know why
your lordships, with equal reason, may not kt
them go over soother course of evideoee.
My" lords, as to the other matter about tfaii
ooble lord's estate, that is not a maner iositfrd
upon by any evidence that we have given ; and
I submit it, whether it is propt-r. or any war
conducive, in this case, tu any thing that a
material for your lordships' judgment is thii
matter, for this reason, because if it was sw*
terial, it is impossible for us to know the truth
of it. U'c have no rij^ht to examine this aoble
lord upon interrogatories as to h>s estate, e»pe-
cially as to his personal estate ; a man may ia
these days have the opportunity uT being worth
100,000/. and people not know whereii Tics;
as to his real estate, it might he kudwn, if it
was material ; but we submit it, u heiher it ii
day, into the noble lord's estate ?
it is impoMiihIe, in the nature of the thiflfi
that your lordships sbouhl have that satislactnrt
account, or that we should have such notice oc
it as is proper to make any dtfeuce of it to of
material ; but we submit it, that it is not ma-
terial at all ; and therefore we hope your liwd-
ships will keep to the rule kept in all cases is
all other courts of justice, where people have
made their full defence, or else there would bi
no end of things.
Mr. Plummer, My lords, we did oot lay Ii
the charge of this Earl, that he was pomrswd
ol a great estate; we have only Uid to hii
charge what he hath unjustly pu^sessed, «•
have only charged him with matters of tadt
whioh we thiok w« hafo nwlo out;
!61]
ft3ir High Crimet and Mhdemcanors*
A. D. 1725.
[1868
tv hope your Iord«hipe will oUlijje him lo un-
to tliutf and to itmt ouly, aiKluot lo go to
ili>ttier tbiiifj; wp hAfe not charged.
Scfj> l*rv /,'/': Mv lordfi^ we apprehend
', tlii»t where i'Otinset
, etice, even afier HUQi-
^ Uji, iU^ cunkiani iadtittfence of the courts
tow ieU them ^o into evidence to supply that
He take it to be our own Tautt. We had In
|ur instructlotiSf and it b in your lor(Uhii>%^
reast, whf tht^r we shall not supply that umts-
Hon ; we shall not rim irUo a long evidence,
•ur witne'sses are hut two or three.
Illr, S'iycr. My lortis^ 1 ticg leave to think,
hat as wc point out a particular fact| dtMinct
)rom any we have examined to before, there
an he uo apprehension of any danger at all ^
Aid iff as the gentlemen have informed your
>rd(»hipSp it is what h usual in courts below,
bat such omissions have been always per-
•oitted to be supplied, your lordships sure will
-Act wfih equal equity in this case. What we
I^Butdertatve to prove is the circumstance of his
^Histatc ; and though the g'entlemen of the Flouse
^^df Commons did not make it a matter of charge
tn tlieir Articles, yet in hi$ Answer the noble
'vart takes no lice of it, and it will shew that
tie Earl had not his heart so intent npon gain,
rher •* -^ •" appear that his fortune is so much
Mn ! odd migtit have imagined it to
(f, a;*.. .. ...-,r .it the Buiae time we shew his
r^eoero9itv, and that by means thereof his estate
r was miu:h Icasened and checked.
I wouUI take notice of ihi? other matter, with
regard to the evidence of the charity: it is only
to explain and prevent a tnbtake, lest it should
_lie itnatfincjl that these aevcral instancen of
" charity were out of the box-money, or fund for
charity in the Court of Chancery* But, T l>e-
we need not trouble your lonS n
liii»» for that the noble Harl is so *vi ]
the intfj^rity and honour of ilji kn? ncd
jersof the House of Commons, that he
lio atipr^lKnsion to have that turned
t him. Tlie principal matltr is reluilni; to
Ue,
la we have in threat mcAfiurc left it to the
rf ItirriEcirto •.ntn nn l!kp <^l'ernl evidt^^tit'i-^
I Iveu, the
« ed and sin
> is not t-a^nes ; we !»utj-
LittWlii • I will not indn||;>c
r far lui to pjoducti a witoess or two to this
Uom* SfrJ, My lords, wedon^'t -s
Ltliir of right, but ah a mailer *A '^
\ own the rule that the ijentlcmen oMUt lljiiij**
of Commons have laid ilown is n cr«-neral rule
ibr tho govern n * ' ' . W c can ' t con-
iKivrrt that ; i^ lilJ not he ron
trovcrted on t! *• -ucU apiece
of indulijcfite 1 J, and we
bope your luru :.., . „,.. ^ ..j it upon thit
0eca«ion.
E. of Marc. My lordi, 1 don't »ppri«hrnd
llisl tkia ia a lliin|f so very extraordioury, or to
dan^^erons, as hath been represented. It woo Id
he extfetnely aevere, if, in a cause of so jrreat
length, and ho much fatigue, 1 should nave
^I'iloeMies ready to give ) our lordships an ac*
count of some facts matei iid for my defence ;
and my counsel happening; not to call them,
although they were attending^ and tlitre should
be a certain fbrm that ^huutd e^Kclude me fiom
liafing the henetit of ibeir evidtuce; I don't
know what this is founded upon, I never heard
nf such a form or rule.
There is no instance that where counsel
hath been summing up the eviileuce, and, be*
fore ibc other side have replied » an omission
hiith been discovered, that that omis<iiou hath
not been allowed to be supplied. And,
1 appeal to my lords the fudges, Whether
they have ever known this piece of indulgence
denied uptm any trial tvhatsoever in theConrta
hclow. My lords, with great submission, the
evidence is not yet finished ; 1 am sorry 1 mutt
yet give your lordships the trouble of observ-
ing a good many things that have been hitherto
omitted : thii^ is a matter the counsel had di*
rcctions about, the witnesses were attending,
but they were omitted to be calleil for ; i hojie
your lordships will not. for such a mislnke, ex*
elude ni ' * \\i ol their testimony : had it
been cal i evidence to any matter that
hath betrii i ^auxmed to before, there might |i08-
aibly be some grounds for an objection of this
kind ; but 1 mean only to call one or two wit-
nesses to fre^h matter, that hath tiot been ea-
qiiired into before. There hath yet been ni»
witnesses examined as to the box- money, or
my real or personal estate ; and yet those two
thtngs arc material, and it noay greatly turn to
toy prejudice if I have not the hberty of
duciog this evidence in relation to them.
It hath been represented that I have an es-
tate vastly more considerable than in truth I
have; atvd this matter of the box-money, as 1
have been inforioed, gate birth to a report
abroad, as if what I gave for chanty was out of
iliut fund.
As to this latter, I dare trust the candour of
these gentlemen, that they do not believe it;
and if they do nr>t insist that what 1 gave waq
rtnt of the iJox- money, it will be necdlc<u n»r in*'
■ that it was not. But as to i
,1 Uo\r' f nhutt not l»e prt^elo
htti'iMg tlio' tmineil, h«
was before " lore I bun
your lurdship^i' directions thereupon, wlKiUtr 1
shall l»c at hberty to lay their evidence before
yonrlordiihipHor not,
Mr. Onslow, i wonld lierj leave to fet your
lordships rlr* : * '
The noble l'»
had been Hv . uhl tmi^ui^t r>. ■ lumunt^
hath been n of it, either by theevi>
dcneef^-^'"' :i*r*,
E»i>i No, I beg leave to ex-
plain iu\ . . * ' -'\v the Managers had
inf>iard upon it, t Jd it \a n matter that
I hnve heard wi^ *, but I believe 1
nwy rely npon llieir candour that they will wit
pro-
n
1263]
10 GEORGE I.
Triat of the Earl of Macdesfdd^
[ISU
make it an objection dow, in case they op-
pose my giving evidence to the contrary.
Mr. iMtwyche, My lords, I aoi a little sur*
Erised, why the noble lord mentions this of the
ox- money, when not one single word hath
been said of it, either by the evidence or by the
Managers : why then should this noble lord
bimself mention it P And why should he call
•videnoe to a thing that hath no manoer of re-
lation to any thing that hath been said ? If his
lordship wili please to give us leave to reply ;
if we then say any thing of it, he may then
^ive an answer to it ; but it is improper now
to be giving an answer to an objection that was
never made, and to which the evidence hath not
■aid one wonl.
Lord Steward, If the noble lord thinks this a
point to be insisted on, it is then necessary for
all to withdraw.
Ordered to witlidraw, which was done ; and
being afterwards called in again,
L. C. J. King, Mr. Serjeant Probyn, it is
the opinion of their lordships, that the evidence
effered by the earl of Macclesfield, with respect
to the farther account of his charity, be not now
admitted; and they are likewise further of
opinion, that the earl of Macclesfield be not
now permitted to give evidence of the value of
bis estate, eitlier real or personal.
£. of Maccletjield, My lords, vour lordships
were pleased to indulge me to this day to lay
before your lordships what I bad to say in my
defence against the Char^ brought against me
by the Commons, and against the proot supjM)rt-
ing that Charge, which your lordships with so
much patience heard. From the time your lord-
ships were pleased to allow me this liberty till
now, I have applied myself with the utmost dili-
gence to prepare myself for my defence.
To this end it hatli been necessary to look
over the notes taken of the evideuce given on
both sides, and likewise of what was said by
those gentlemen who are Managers for the
House uf Commons. 1 find it very necessary
to lay before your lordships many observa-
tions on the evidence, which depend upon an
exact comparing of them together. It being a
matter that hath taken up so much time, and
there being such a distance between the evi-
dence given on the one side and the other, I
bave t^en employed wholly from the last
time till now in the consideration of it ; and I
can say, with truth, I have not slept five hours
these two nights, and yet I have not been able
to get through it, and 1 am not now prepared
to lay before your lordships what 1 have hum-
bly to offer tor my defence ; there are many
things exceeding material to be submitted, and
I beg, therefore, that your lordships will in-
dulge me a farther time, so that 1 may be able
to 00 it in such a manner, as may set the evi-
dence and observations upon it in such a li^lit
as vour lordships may pass a proper judgment.
1 don't do this out of delay ; I believe your
lordships will easily imagine I should be glad
to bave this matter over, whatsoever the event
mav be^ for I am quite spent, and my itrengtii
and spirits wasted witli the Atigue 1 have al-
ready undergone. My lords, 1 bave been si
far from any delay in the course of this prose*
cution, that when 1 put in my Answer, as yov
lonlshii>s were informed by one of the gastle-
men of my counsel, though it was not fiuislid
till between three and four o'clock in the mora
ing* yet I chose to get it ingrossed, and put ii
the same day, rather than there should be ik
least appearance of any delay on my part ; loi
I do not know whether by endeavouring so vciy
much to dispatch this work, I have not rea-
dered myself unfit and unable to go on wkb it :
human nature can hardly bear what I bare
gone through.
At my years, if I should undertake to do il
by to-morrow, I am afraid I should sink nodcr
the weightof sucha task, and not l»e abletucasM
before your lordships pre|»ared as I ouchl to be;
therefore I hope your lordships will be plesnd
to allow me till the day after ; the fatigue I
have already undergone has been very gm^
and I hope your lu^ships will allow me sKk
a time as you will think competent ; the woik
I have to do will take up a great many boon;
there hath been variety of evidence, 1 bofi
your lordships will indulge me till Wednesday;
It is of very gre&t moment to me, and I si
sore 1 should be unwilling to mis-apend yssi
lordships' time, and delay this matter unneoo*
sarily : it really gives me the greatest noesa-
ness to find myself in that condition, that less-
not think of being able to do it sooner; I w«
before afraid that I should not be able to doit
by this day, but yet*resolved to do all tbatw«
possible for me, and therefore declined askisf
then for any longer time.
I hope your lordships vnW indulge me ; if
your lordships knew the fatigue I have onder-
gone, and the efl*ect it hath had upon nf
health, I am sure in humanity you wouM
make no difficulty of granting me iartber liat
to prepare myself in a proper nianuer, io a citt
that is of so great moment to roe ^ and 1 hope
the gentlemen of the House of Commons wil
not be against it; if they should overpress diis
matter, l don't know but the fatigue of it roty
bear so hard upon my life, as to save your Iota-
ships the trouble of |»assing any judgment upoa
this occasion.
Serj. Pengelly, My lords, we don't appre-
heud the lord properly applies to us in this
instance.
All parties were directed to withdraw, which
being done, the House adjourned till Wednes-
day morning ten o'clock, the 19th of Miv,
1725.
The Ninth Day.
Wednesday^ May 19.
The Lords being seated in their House, iht
Serjeant at arms made the two usual Piads*
matlons as on the former daya.
^ high Crimei and MkdtmtmGn*
Kmg. m, S«ij, Proliytit H jou
ef Mmetk^lti. My lonh, I am iiral to
my moit* bumble thanlrt to jroitr lunf*
for the lime you lute hern pIcftMd to
riih, for the recollecting my
il9» ltl4 loukiti|^ over the evtJrnce tliat
o€«feil on either hiiUn ihiriot; thif
course of fhj« te<iioua (»riw!eedinjr ; I hat I
»ii^hl br nblc to put those 4)b«enratiDnB I bnve
mdr Hfioti il in iuch a IrGfbi, as became one
bo WM9 to Rpeak in a i:^m of so f reat import*
knee at your lord^hipft* bar.
Jlly lord*, I have been under vome fniafbr*
lea in lht»» |in»»eetJlmii ; your I in inu«(,
liotibtf huve obaervrd tlieilis i»i« I
ive nict with, in qae«Uuna 1 A^keti oi aoim;
wbo apfieariHl ai wiineiaes hi Ibe
iraeoflhift trtal, which it waa impossible I
M bave hail sktty tn^iitcemenl to propoae, but
tmy own knovrled(re of I be ana w era that
Id bave b*m rriunird, ^ly counsel,
rutttfb the K'tt'at hurry ibat usnatly atteodn
[jifi'iUiitffi iif lhi$ nature^ happeueil noi to he
ructrd in »onie part ieu Ism, thnt were ex •
ijy proper to b^ite been laid bef<«re your
"ps upon thia oet^T<iion i l^eaides that the
riet^ o4 I he facta continued to b^ gif9U in
iileoce from one day to another, bat in thia
iCitUr caae been carrie«l oo to tucb an un*
k^)||tbf tbat tbey hare not been able in
end to make tliemielTefl lo perfect Maatera
r the e? idtactf, aa ibe inportftnce of the eaae
liiired.
■bouUl trouble your Inrffsbtps «rith an apo-
jy ^<Jr my t^v^n inability to ailpply this at
recent, bf>th fr^nn the exlremo fati)pj« I have
iderffoue during the whole ooofse of this
utioD, and liOGMife that my laat iUneaa
broke mv momoiy to a great degree. Hut
"-ver diificiilliei I hare luboured under,
I oonaldor 3riHir tonivhlpvi an* my jO'tgea,
•aonoldotthl hot your candour and goodoeii
"' hmf€ a dne rci^ard to them, and make a1-
for lb« want of order or accuracy in
tug I bar 0 to lay before ynn ; and (here*
rather tfian ask any more tinne of your
ibipa tor prepurin|2' myietf, I will endcm*
ir to (fo on n * • ■ ^"' '■ -^ '
My lorth, th*
hfary, as. !,..;. . . ...
fcrated by the gerw
i! Mawnjyrra by the 1[
a wbiLh 1 think 19 cbarged as tbe foun*
of llie wbole^ bi.
My eifiertaiiitog wicked ami corrupt pur^^
to rat*» and procure to my»elf exct;*«Kire
ruftrhiiBut (f »in and profit.
Tbfft it is liiAt hntli mide me extorvirely
illec^lly tiike m>
Hastera, ant I d»ii|H>
' lite britu^ iret u|Hit3
i**ii*m' pi area, with *
o^p H up, i» ft"-"
I of ft
aoaiii to me ii* l. ,.,^i,,
fue itisi porpoM.
umtnie li
(lid highly
' are ap^
>n}Tiioti*.
idmittance
JO-
2 from
II nee
Tbia la siieb eorroption of heart, and earw
riea with tt aoob a malignityf ttial it makes
erery adbtl ind rrery omi^iiton rriminaU
e^ery rash word, erery neglect or imprudeuofii
nay, things perfectly iniH*ceiil in iheit own
natiin!, or perhapa rommendabit*, are so m-
fectrd by it, ns to desone tbe aevereat censure
ami puni«bnient.
Whether I wait to ex^iectation of the appli-
cation of tbe suitois, with respect to Dormer's
deficiency* or of tuyself eiidea%fmr to get tl
made good, or even ^^9y my own m«ini*% to*
wards it, it ia all ooe, io wicked a heart cor-
niptt atL
And the t iolatioo of my oatb aa Lord Chan-
eellur, and of tbe great truat in me rfpo»^,
contrary to the duty ot my office, la made the
aggravatum of almost erery Article,
1 sbalt endearour to shew your lorfl«bit>a»
tbat tbe several ibinge» charged upon me are
either not true, or not criminal ; or if your
IrirdfrbJpR sihall judure olherivisc of ibem than
1 do, yet tbat tbey were tb^ effectn, not of
wicked neas, but of mistake ; arid it I hate ef ir
dona any thin cr for ilie service of m^ country^
of the constitution^ of bis tniije»ty. and of the
royal fiimily« and tbe |ircseol eilablttdiment,
aiTd for tbe ad mintst ration ««f public juatice, it
might not be nnsuilsbla to the unparalleled
goodness of lias reign, tor your lordabipa to
have com|iaa9ton upon tbe errors, mtstnkes^ and
weakneaaea of tbe faithtul, steady ^ervant of a
prince, wboae mercy has been \u otien ex*
tendetl, in 90 greut a degree, to il^ bi^beal
Crimea of biit bitter enetmes.
Before I enter oy n f«»«^ ftarticulMr defenee,
1 beg leere to tal I huioclhfug ibH
Haa ooefi said with r \Ue Answer « hich
I have put in to thcae driiclea ai Impeach*
ment, aa containing a |d<*a of a |inrdiin at tbe
aametime tbat j inmistupon my iniioc* net*; and
jta not being a full Answer to alt tbi* particular
charges in tbe Articles. As to tbe first, mjr
Insiattng on bis majesty *a moft gracious, ge>
neral, and free pardon for all ibioga before tfni
«nbof July, 1721,
Mj lords, I hope, and am myself of ofii of os^
tliat I ba?€ not done any tbiiig thai is crtiomal^
orneedaapardon;
But when ao msof fciill«il»en of U*aming
and great parts, undertake to make out. that
that is a crime wbkh I thought and still tbifilc
not so ; should I opiniale to tbat degrc^r, and
bt so confident tbat your UmKbip^i uiIMm* of
my oninion, as to refuse tbe brnctit oKa pnrdoo,
wdicb bifl majesty bai ao graciously grsoted
to all bis subjecta r
Wbet) little imprudences, and ao many
omiailona, and eren idle words, loose talk^ and
nnguarfled expremionic, arr bid to my cUarge
as crime", and mudr* the sid»j<*ct mailer of
an im|^eacbmciit, and «i«»mc of tbfm chi*nred
fvitboal meouon of «n)/ lime, or the njim- of
the eaUKC in which it i^ — .^..,.^.^* .1..-. -^
fipoke, or any othtr cir- < t
miglit be enabled, eiilu: ...,,:. .. ^i-c*
or III make efitfiBry of ««lMra| m ordor to pre*
1
I
1267J
10 GEORGE I.
Trial of the Earl nf MacdeMfidd^
tlSGB
pare for my defence, it had been foHv in me
not to have taken advantage of the pardon.
And as lor the reflexion intended, to ezpoae
the absurdity of pleading innocence and a
pardon to the aame ofTence; what is more
consistent than to say, I ought not to be
punished, because the fact charged w no
offence, or if it be one it is panloned P But had
the gentleman who made it, been pleased to
have read the last Act of Grace carefully
throD$;h, he would have found that it expressly
profides, that the pardon shall support thie
plea of innocence, and upon Not Guilty pleaded,
the act may be gi?en in evidence to prove the
person not guilty. And, in the notion of our
law, it wipes away whatever guilt there was,
and leaves the person innocent, that is, aa a
Tery great lawyer and a very wise man ex-
presses it, it takes away uot only panam but
remactumj thte guilt as well as the punishment.
As to the reflexion made upon my Answer in
another respect, as if it were not full and
direct, and that in Chancery, the Court where 1
had presided, it would be held an insufiicient
answer : nrolwbly it might be so ; but that is,
because tnat a plaintiff there has a right to re-
quire a discovery of all such facts as are ma-
terial fur his advantage, upon the oath of the
defendant And therefore the answer is not
only the part)f's own defence, but it is to
supply the plaintiff with evidence, who there-
fore may except to it as insuflicient, so far as
it is short of answering to, and giving an ac-
count of all, of evei^y minute circumstance that
be charges.
Btit do they imagine that to be the case in a
criminal prosecution? Or that the defendant
there is obliged to furnish evidence, or to con-
fess any thing that may tend to affect or charge
himself ? No, my lords ; the answer there is
only for the deience of the person accused :
and Not Guilty is a full answer.
And, my lords, I insist upon it, I have given
a full answer to all the Articles at the end of
my Answer, where I have pleaded the general
issue, and in express words said. That ** I am
not guilty of all or any the matters contained
in the Articles, or any of them, in manner and
form as tlicy are therein charged a^raiust me ;"
which is of itself a direct and full answer,
without more.
And though 1 have set forth other facts, il
is only wheire J have thought some things
might* be farther explained. But there is no
neetl to make any proof of a word iu my An-
swer, if the charge in the Articles is not sup-
ported by the evidence given af^ainBt me.
And I still hope your lordships will be of:
opinion, that though some of the matters men- !
tioned in the Articles are proved, and indeed ;
some are expressly admitted by me, and others ]
never disputed ; yet that none of them is ad- |
luitted 01' proved in such manner as it is
cbarireil in the Articles.
Having said thus much, I proceed to con-
•ider what has been offered in proof against me.
My lords, the preamble of the ArticWf is
1
intended for an aggravation of my crunfs, fay
sbewinir what oath I had taken, which I hai
violated; and what favours I had received fiw
his majesty, and was not satisfied with thrrn.
As to the last, give me leave to say, tbs(
can never express the sense of ray heart k
his majesty's favours and bounties, and that i
ought to be a high aggravation, if I bM
abused them.
I pretend to no merit, but that of a heart Ml
of duty and seal fur his service ; but his ttji
grace and goodness has exceeded, not mj
my poor services, but even my desires aai
wishes.
Anil whatever becomes of me, in wbatera
state of life I am, my gratitude and duty ihill
never abate.
As to the violation of my oatb, no such cnM
is made out against me.
The oath of ofiice taken by ilie ChanctllK
when he enters upon that office, bas no rdawi
to what is laid to my charge : 1 have m i
forth verbatim in my Anawer, and no aigi-
ment has been attempted to be drawn from iL
But it was said the other da5', that I bad
taken an oath upon the sutute of the I'idi if
Richard 2, which I had forgot, both in aj
Answer and in my conduct.
As to my .4nswer, I bey leave to
that the Answer is suited to tlie Clurge. I
not charged in the Articles to have overtakes
any oath upon that statute, nor is the onb
supposed to be taken on the Srd of NoveoiWf
at all mentioned.
The words of Aie preamble, which is tbi
only part of the ArUdes thai mentiooi u]
takmg any oath, are these :
** And whereas Thomas earl of Mafdo-
field, iu or about the month of Mav, ia ^
year of our Lord 1718, by thegrace and fiiroff
of his most excellent majesty, was connitatrf
and appointed Lord Chancellor of Great Brioiiv
and did thereupon take the usual oath fir ^
due execution of that high office, whereby bi
did swear well and truly to serve our soverciit
lord the king and his people, poor and m
tLiiet tlie laws and usages of the realm, u^
such other oaths as have been accustosK^i
and the said £arl continued in this great 4^
fice," &c.
Where the other oaths accustomed, at sti
as that particularly described, are confiaei »
what I did thereupon take, that is, upoo oif
being made Chancellor in May 1718 ; 9l\nA
to my poor uoderstauding it appeared so. N^^
did J at all imagine, that ilreterred to whatafl
done the third of November af\er, which «ni
but the sanVe as had been done the 3d of N^
vember before.
And accorilingly my Answer is confined ■ j
the same time that 1 was sworn Lf»rd Cb«»
cellor before his majesty in council, the 14th if
May 1718, when i took the oath of ndicf tf
forth in the Answer ; and at tliessme timeHik
the oath of allegiance mmI aupfemacy. ^
there is no pretence thai I look any mA ^p*
the statutoof RMuurd Ji» el UMlliafc
I
I26§]
J\iT High Crimis Mtid Misdetnennors,
A.D. 1725,
[1^70
The wardH *>f the Answer ^ire,
** Thfti ID Ihtt hf^iuiim^ of M&y* in the ynr
1118, bd the sahJ Earl was^ b^' \n% tDA}i^My*s
fmi gnot amt ikirour, apfiointeti Lonl Cbvn*
Inr of Gr^Mt Briiaiii^ ati<i vf At s^urn bethre
tniije«ity in council the lAiU dav of that
modtU ; when <hf* foUfiwin^ oalb, Wing the
usual fioih of ly»n1 Chftncrllor, was admitiis^
trred to hirrif viz. Voti Ah«U swear, <^c* Aufi
Ihe caid Eikfl, at the samo time, tmik the oatli
of aUe^iance ami supremaey, but no oath uf
officii betiittt^ that abovo fit t forth,"
My Answer therefore plainly relates to wliat
wat charged, and tny taking no notice of any
oath ujion th)» i^iiUutei out^ht not to be imputcHl
to for^etfulntiss, but to its not being; chnrtifed.
It is not charged, and therefore not answered
10.
But it it now insialed tipoo^ and great «1re9«
Mitl upon it, that at the iiaining of sherifl*^,
^Biirh is done in the £xche«|uer upon the 5ril
^■November every year, I look an oath upon
^Best^ttite of 12 Hi'cbard 3, which extemU lo
SVe dispocal of the oiHoe of Masteri in Cbao-
To jud;fe of the truth of ihii new Char^^e,
yoor lortUttipH wili l»e plesHi'd to consider wliat
it is that ia yearly di>ne tlie did of Novennber,
upon thai occasion of nam »n|^ of sheriffs.
The Maoagera were not pleased to open
what passex every year upon the notninutioii of
ftberiifs, which h»d been proper before they
called the witneii^ to pnne it; if they had, it
tnififht have saved me the trouble of asking any
t^urstioni*
But the examination, and the testimony of a
^tneat tbat spoke indistioctly and tow^ tended,
\ 1 lboi]|fbt,to ha%e the statute entered in the
1 book of the Exchequer in obMilete French,
id so ill read a« hariUy to he udderstood^ to
I for the i\iru\ f»f an oath then adminislered
on the >tatut« which had been jubt before
1 tn Eiig^hsh to your lordships at the table ;
I io it uught be taken to be an oath eon-
ived in the words of the statute, extetidingto
oomintitions of officers, and to all times,
] not conlined to that CMJcasioo.
I J did therefore isk same questions, ttot to
ibhlt away an o«tb» it one of the Managers
i pteaaeil to expreia it^ but to have the mat-
laid before your lordships in its true hght,
fed wh * out to lie thus:
Thi ' t' nrivy -council and the jiidgea,
being assriijuicd for nnming sheriffs for the
^Uowiug year, at the time and pbee appointed
for that piirpoae, the act of purliament of Vi
Hichard 2, is read, direfling several persons u>
^^worn rnruv'rnuig their naming of shcrifni,
^^^fcl < r omcers a^iecifi^ in the act,
H^Vivi r i) word« extending |ti more;
* lliefl an otiicer gjves a Bihla to e*cry cvne of the
4vycounKetl'ir»i and judges present, who all.
^e at Wr another, U\hh it; but nothing ts said
i ihem by the officer or any one else, nor are
llY VI ' r .'fi by them.
ilk'- JHfeu much donbiud how this
1 be cmutd Bwaariugr •r taking &■ oatk.
But tliat h not at all what I
There being §oioeihing saciv cere-,
roony, 1 at^ree the action should be oonsid*
as a ^demn underiuking in nature of an oa
to observe that sialnte in the business we were
then entertrijif upon ; and so it is an engage-
ment to proceeil then to name ^heriflTs accord*
in^ iM the direction in tbat statute.
And iiccordmfc{ly this t« repeated every year
upon tlie like occa&ion, though the persons are
the same, and iiui> been so by me for sevea
years together, bi'lbre 1 was Chancellor, and
tor as many since, i
But to extend this fiirttier than that occa-
sion, is, I humbly insist upon it, going beyond
what the action then done imports.
The Hlaiiite pjnirdy relates to nominations or
elections, where numbers of persons are called
together to niime otiicers ; the ver^ readiui; the
statute shews it, snd when I come to speiik of
the construction of tbat act of parliament, it
will be yet more plain,
And w hen it provides, ** That the chancel^
k»r, treiiMurer, kee|^r of the privy -seal, stewaid
of the kiiit»-s house, chumberlam of the king,
clerk of the roU»i^ justices ol the one beitch and
of the 01 her, banms of the exchequer, and all
others, who shall be called to ordain, name, or
make justices of the peace, sheriffs, escheators,
ctistomers, comptrollers, or any oilier officer or
minister of the kuig, shall l>e firmly sworn,
^c/* 1 take it to mean that they shall be SHom
t^ben they are so called together, and met.
Aud the practice is accordini^ly.
There are yome old stiitutev that say, that the
Chancellor with the council shall appuiot jus-
tices of the peace, the treasurer with some
others shall nume cusiyniers, ^c. But the
u&u^e at this time is, (nnd it has been so for
some hundreils of years) that the iiaming ef
jnaticesof the peace, is iu fact in the Chttnctllor
only; of customers and compirolLert, in the
treasurer; and many ufthe pep^ous named in
the statute meddle not wrth naming; any of the
officers comprL««d within cither ol the |)articii*
lar or general words* ^
If therefure, my lords the bishops were d<
sired to draw up a form of an oath to be taken
upon thia statute by all the persons attending
on the 3rd of November for the naming of sbe-
riffs, I presume they would contine the oath
to the i^rticuhir occ tsiiin.
I submit to their eoii*^ideratioo, whether they
would driw it up so, that every one present
should swear that he would observe thia
statute, or not g4i coi^tniry to this siatnte, in
the nomination of ofHcers whieh he has not
any right or power to name, n^r is ever called
lo name: whether thiy would frame bucli an
uHlh, whereby the judtres ahoold %y^etkr that
(hey would not nwiue justice* of the pvuce, es*
clieators, customer*, or ei>niptrutler!^, tor gift
ftr brocage, favour or atfection, when they can-
nut name them at all, either by piiivision of
Uw or by \isage 'f
I apprehend tbit would ht to improptr^ if
DOl ft Taio oath.
t
1271]
10 6BORGB L
Trial efihe Earl e/MaedeffiaU,
An«l a ooiMtructiTe takin^^ of an oatb* which
is all that can be insisted upon here, ought do!
to be carried farther than would be proper to
ex\tmm iu words at lengfth.
And therefore, aa all the persons asaiating
there certainly take the same oath, and many of
Ibetn have nothing to do witli the choice, or
numini; of any of the other officers in the act
besiden sheriife ; and as this action yearly re-
peated on this particular occasion, shews it to
he intended to relate only to sheriffs ; 1 hare
always thousrht that it went no farther than to
oblige me; that in the affair, which we were
then entering upon, I should act according to
thai statute.
And I am persuaded, that, in this case, 1
have the universal concurrence of the judg-
ments of others. For 1 do not believe that
f rer any person that assisted on that occasion,
ba<) the least apprehension of his then taking
an oath, which related to any thing but that
particular occasion.
But if they all did take an oath so extensive
U to reach to the disposal of all other employ-
ments, (which is the sense wherein 1 believe
the Managers would hawe the words of the act
to be unden»tood,) God knows in what guilt
mao^ of them have involved themselves.
It is a part of the a atute, and part of that to
which the persons called to name officers are
directed to be sworn, *' That none who aues by
bimself, or by any other, in private or openly,
to be in any manner of office, shall be put into
the mme office, or any other."
Will these gentlemen urge that every lord
treasurer, lord commissioner of the treasury, or
other lords in great emnloyments, that ^ve
places, or name persons for idaces to the kmg,
and have once attended at the naming of she-
riffii, have been guilty of a violation of this oath,
in every instance, where they have named any
Berson to any office, who, by himself, or his
nriend8,ever ask for the place given, or any other ?
I cannot imagine that thev will attempt to
carry it so far. But if th^y do, I will yet pre-
fume, that your lordships will not, by such a
Dew construction, condemn so many |>ersons
that are innocent, or thongbt themselves so.
Hence 1 think myself not to have taken any
oath upon the statute of 13 Rich. 2, which any
way extends to Masters in Chancery ; and I
bope your lordships will think so too.
What is the particular meaning of this act,
and what arguments may be drawn from the
provision therein, I shall not trouble your lord-
ships with at present, but shall reserve the con-
sideration of it for another place : but as to the
charge of violating an oath founded unon it, let
the observations I have made, from the frame
of the act and the nature of the action, at pre-
sent suffice.
The subject matter of the first Articles, as
they stand in order, and which I believe has
given rise to this prosecution, is the taking
money for the places of Mastera in Chancery ;
long practiaed without Uame^ though made my
great crimt.
[HTf
What baa beeo urged from tho ilunqflbe
office, the oath which tho Masten like, and
the commiasioDS granted to them, lagoUMr
with the Master of the Rolk and tho nidges H
hear causes in the abseoeo of tho CbaBceUsr,
will not have any weight in the ^oestkm, whi-
ther it be crimiiud to tako money oo admittif
them.
1 be^ leave to sst, that the oflieo aueienliy
was quite different from what it is now, so tkl
it is in a manner foigot what it oricinaUy wm
One branch of theh- office ancienOy, sod tbM
reckoned of importatice, was the firaming wri^
which are now made out by tho corsitors ; ssi
that which is their greatest bnsiooss iiow,thcN
appear no footsteps of being douo by them, ir
any others anciently.
Their business now is chiefly preparatory »
the determmation of the Court of Cbaneo^,
upon references made to them by the Court, ■
order to thdr statine things to the satiirtactko rf
the parties; or reducing the diapote to ssstt
few heads, in which they difler, for the cMcr
determination of the Court.
And that which they are moat genofally em-
ployed in thus, is matter of accumpts.
Very frequently the parties, alter having hil
the items examined and proved, agree befat
the Master to the whole accompt, and alsMH
always the greatest part of it. And if the parba
are dissatiNUed, they are at lil>erty, by obfectioBi
in writing, which are called exceptions, to sum
to the Court the distinct items which they ikh
pote, by which means the Court is eased of tks
consideration of all the rest of the itema of tks
accompt. And the Master makes no judidal
determination ; but when he makes hb repsrt,
has only done the drudgery of an accomptaii^
compared vouchers, heard objections, convincel
the parties as far as he could, and then stalel
the whole accompt so as he thinks is ri^;
which at last has its force, not from him, hat
from the Court, which confirma it if doI
disputed, or examines the disputed poiati 7
desired.
Upon references to them whether answers sra
sufficient, they are to compare the words sf
the answer with the words of the hill, and stsis
whether they find them full : and if the psr-
ties do not acquiesce in the Master's opinioa,
the Court takes the trouble to make the (
parison.
They are likewise cashiers, not of the CosBt
but of the suitors, and always at their prayer.
And the parties have this advantage in bar*
ing the Masters for their cashiers, that ibtf
have a ready method to compel payment If
order of the Court, and a commitment of tw
person or sequestration, f that is seising all tbsk
estates and effects,) or both, upcm such order,
in a short and cheap way ; whereas agaiBt
other cashiers they must be put to the cMfs
and delay of a tedious suit, if the money be Ml
paid.
And other officers, whose plaoss are allswil
to be sold, do the mme things, make reports I*
state ftds on refeniiom, an cadtei if M
1«73]
f^ High Cnmn mti Misibmnmori. A« D, 172^. [1274
r bfoygiit in, nod Xmx oimA% whicli U tira-
ikw wiii^ tbe Masters do.
As to lUe oftf li ^ it if* liie old o«th, Mm tlw
AlBot wftji SCI ((realty chitii^ei) ; what MAvir^ to
lie giveo to the kiwjf il fi?t'er« to, h iM !><• h»ni»
1 bmietef t^xfUplatn, m^d ho»n(*l heeii i^itetnpt-
•d; but if the i¥riu rn^airing tbetr atiendftAoe
liere were looked into, poisi^jbly it may be
tbouebt, that aacicbily ihvy alleiiMl y«4)r
KMrdtfni|j« in a mnaner dirtereiii from «Hiat they
Bttw do, and ba^e done from before tUe timff of
our mtfiiory.
And as to tbe ofNamisiioii to H«ar catnea in
tfesi>iM9 of th^ Cb«iioel4orvtliat iMkoo no more
variation in the oat tire of tbeif office, tlian It
toh in the office of clerk of im%\xe, {t^s\ftmm\y
illawed in tbe statute of fidvrir) 6, to b« dis-
tbr money) tbat the cltTk vf aHiiite is
iiilly Jomcij itiiU the jtiilgeii in ttie eom-
I of Oyci' auil T«frmiu«^r and gvot deli*
br llie tmd of criminate, efvo lor capital
To }iroe«ed therefore to the ^tnts of tbe
Charjfe.
It is fooiMled aMi^lVi, upon th« takiof^ money
f * ' "" i . iiiiu the office ; and
I ' vtoHiif fly, without
rtiereuLc vi iujy mmi o* «|Ttahfic«tioii ID Ibr
ftfly admitted ; and therefore eaiMMit he main-
laineit, unlcwi tlti* lakin^ of mooey be in all
such eojcs rriminal, or that the manner of
takini^ or exturtmg it in these ceaes make
^ it so.
Therefore I will Arft Pjiemk to tbe i^eral
seetion, whether taking; money Ujioii Oregon
putting in a Muster, is in nil cnnci critoindl
ilNetf, or by thectHiimon la%v, or mnde «o by
piy «tHtot« ivhicb dubjecta il to any jnd<,^meDl
puni!^iiiDeDt« \«hich can be prgyeil in ibid
)«eruiioii; as I hate cV[irested in my Aq-
►it.
At%*i that which I humhty inaist upon as to
tir«t, that is, wh^iber it can be Mtid to be
^ckrd or criminal in itsi li, or from the reason
;.i,..-.. .1 .f^p Ibtng', 19 this:
Aw ' b«»eonMdtTtd in two reMpects:
it to the duly ; that \h, the
ncern o!' the pobhr, thi«t the person be duly
kalifi<il lu <li!«:hDrj^e his otHce v«ell. HevoiMr
M to the profit and adrantag^e;
1 1 'ty private, and coucerng tbe
ccr only, And wbtUi hi* divchitrtifeii hit
tty well, without extortion, or other mishe-
Iviour, the public ta Iftile €onci:*rnH in it,
ether the profit b*? more or le«d«. A^ in thone
which fire very oti i ml or i;real
Burnce, that may be < > drpuiy ;
bd tbe deputy fiebavf nun^fit wt-ll, the
f bee liefer concertied ilvH I what hiii sa
illowauoe from hia principal ia, wbe
[be nfrester or Ins.
I ih** lU'tsoM i«r»i*i m put into a Tery be
offi n* of ihi'^e, for his
I |»fit I ,^ ni tMF\^\ to llir niTirf^
enottothopr
■b thai prefera htm i^ .
1 1 th«mrt wbcii be puts imn into it, h« iti
effect uratOa him all the profits of tlie #i}oe $0€
his life I nod if the ofiicer make Uitn a nt^^aentfer
il, either OBMtpected^ by way of thankn after tie
is put in, Of ejtpecled, which be had i«dd him
of befbfet or ||pve it at the timet **r brl«*re
the! be is ftdmiited ; I iee not any immorality
eilber in the jg^it er or taker, h i» iniuiey |^v«ii
fur profits to be received durmg hfe.
The public is cooeerned only in the gifod-
oess of thffi olficcr, not how ttdvaotn^e«iu« to
bitti the ^rant of tbe otftoe is, nor in the in*
ducemeiit which he that appointed bun hi»d to
put hill I in ; whether li tend<)hip, acipiaiatiince,
nflation, im|iortuniiy, great ntoomuirndatioti,
or a present.
1 agree tbiit a person taking a present^ and
putting in an unlit peniott, when bt< knew him
to be so, or bad juM ground to belli ve hirn «o,
is criiniiml . Not because he has taken a pre*
sent, but because he hns prejurlteed tbe imhlie
ki«owingly : It may bt an u<>griivation thai he
had taken moo'*^ ; hut the crime is, the wrotig
done to ihe public io the pernio u advuneed. II
had been the tuime crime, bait he done it for
the sakt> of kiudred^or frieitiUhip, or for recom«
mecMiatiito, or any oilier reason.
But if a |»et'i>oo ^t^ry weli qualifted be placed
iu an olfice, and the [lubiic Iiak nil the advan-
tage from him that ii can have from an offioer
in that |>oh|, and ho I, who plaeetl liiin, baf^
well discharged my duiy to the public; is it
mateiial hosv \^el) I loved him, how nearly he
is relateif, whoil wanibat |ier»uaded ine to pre-
fer him, or what lie gate me oo that account,
whether liefore or afer he wa« piii in ? Will
any ot ttifiie elrcuroMiuoces tnuke me crtmiital
tu an action by which I servetl the pubhc w^U T
f f tlie publie have all the henetit it C4n have,
where is the immorality P where is tUe cnme,
if I have an advaota^ too ; e«peeiatty if ittiige
has in some sort a^^i ' i ndvatiliageto my
otfier, which is lak* s?
1 know it may be injn. u^l with great ap.
pearancrof rensoo^ Ibtit this practice ia dan-
gcTOiis, it leiidK to incoovenieuce^^, ii is a temo-
iMtion to him that dispose* of places to make
Ul flBcers, and a temptation c i ihp otricer:^ to
extort money and alm^ the sulrftiet^, m order
to get up their money again*
But is it therefore a crime, wIicpp !h<^ temp-
fa lioii is resittf'd, and a ve«y g^trnl i^ffiter
IS put iOf snd he behaies hknseN* perlectlj
well?
The point of the Chsrc*^ oow under eonai-
derstion roits ninthly oo thi^, Tbiit I took mooeT
f^r tttlmuiiog Mr, Frsneii* E'de (fn ioA(aiir^);
and ihuu^li takintf money t!»a duogeriins praiv
tfce, and may W » tent|it»<ion to lei io an ill
man, in it thenfiite a eritrte to [tut m Frsncis
EldCi who «« not alleged to lie an ill man, or
any way unfit, and is really an exctltetvt
J!^lu%ier ?
Tins argument conrluden, only that ;ilbwinc
it io he genemlly practised iv incotivi nictil, and
may m the iletiherationii of Ihe lciri*i(atiire bt
properly used to prove it 6t to lie re»triiiifei1 lijr
a hiw I Hut is not of for^, in a court of ju»r
1276]
10 GEORGE L
Trial of the Earl ofMacde^eU,
[l?78
tice, to prore it to be a ciyue in every instsDce,
because it may oocasion a crime in eome.
Farther, as to tbe matter of temptatioii to
put in one unfit :
The liberty of preferring relations to offices
is a temptation to put in persons unfit ; and,
without doubt, has often prevailed. Supposing^
therefore it might be proper matter of delibera-
tion in the legislature, bow far a restraint
should be put upon it ; yet, in tbe mean time,
is advancing a relation to an office, which he
is fit for, a crime, because, in otlier instances,
it has occastoned a crime, or may do so, or is a
temptation to it P And would it be a sufficient
charge of a high crime against me, to say that
I illegally and corruptly put into such an office
A. B. my son or my brother? I apprehend not.
Till a restraint is laid, the thing may be iuno-
tently done.
If a restraint be laid, tbe law will operate
Upon it so far as the restraint extends ; but far-
ther than that, and the consequences declared to
ensue thereupon, it will remain as before.
Considering this therefore in itself, and upon
tbe reason of the thing, where is the force of
the argument ? Yon took 5,000/. tor putting in
Mr. £lde or Mr. Thurston, a very fit person,
and an excellent Master, and thererore you are
criminal, because somebody else at another
time may put in another Master not fit, upon
his giving a present.
If this then be not criminal in itself, how do
they prove it to be so by the common law P
The only case they have instanced as any
authority for that purpose, is that of Stockwitn
and North in Moor's Reports.
But here give me leave to say, that it was
proper and just for the learned Managers to
produce, in making out their Charge, all their
arguments on this head of the illegality of
this practice, that there might lie a proper op-
portunity of weighing them, and giring them
a satisfactory answer (if it could be done) at
this time of jay defence, and 1 presume they
have done so. But if they should think fit to
reserve any fresh argument for their reply,
which we snail apprehend may want an answer,
your lordships will, in that case, give me leave
to insist upon a right of taking proper notice
of it aflerwards, and not let them reap any be-
nefit by lying by, in such an unprecedented
manner, and expecting your lordships' judg-
ment, without bearing the other side upon it.
The only case, I say, which they have in-
stanced in, is the case of Stockwith and North
in Moor'.i Ile|>orts, 781. I have looked upon
the case as it is in that book, and it appears to
be thus :
<• North was fined in the Star-chamber, for
that he, being sheriff of Nottingham iu the
4Sd year of queen Elizabeth, took money for
the gaolership and bailiwick for that year; he
gave them first to his servants, who sold them,
but he himself received the money. And this
was adjudged to be letting to farm of bis coun-
ty, contrary to the statute of 4 Hen. 4, cap.
t. YettbaraaottthattlMStaUitaitMlfgtfcsa
penalty oertain and pecnniarr* and is matum
prohUntum^ non in te. Bat the Court took it
that in aa mnch as corruption followt upon tbe
oovetonsness of officers, and they are fbroel
thereto by tbe prices which thev give for thiop
which ought not to be sold ; that this puttiif
to farm and selling of offices, is wuJwm wx,
and finable."
It appears here, that this was a prosecabM
upon the statute of 4 Hen. 4, for tbe poiat ad-
judged was, that this was contrary to that Si*
tute, and therefore whether what was dmy
was against the common law, vr malum u it,
or not, was not at all in judgineiit before ifai
Court
And tbe mention of that is introdoocd n
spoke to remove a doubt, how North caBMH
be fined, when aparticalar panalty is (as it li
there said) ^ven by the act of parhamcnt.
But that IS a gross mistake in the reporMr;
(he act of parliament is very short, I aentH
may be read.
ft was read as follcms :
" Stat 4 Hen. 4, cap. 5. Every aheriff skill
abide in proper person in hia bailiwick for titt
time that he shall be such oflioer, and tbttte
shall not let the bailiwick to farm to any bm
for the time be occupieth such office ; awd tktf
the said sheriff be sworn from tine to time H
do the same in especial, amongst other artids
comprized in the oath of sheriff."
Your lordships observe, that there is in tUi
act only a prohibitory clause against tbe iii-
posal of such bailiwick, but no pecuniary*
other particular penalty of any kind iaflidcd
b^ that statute : so that it could not be a qufli-
tion whether a fine was proper, as that repoitff
supposes.
The exactness of tbe report, therefore, if irt
to be relied upon, and what other mistakes auj
be in it, I know not. Indeed it is a posthoonai
work, uncorrect notes uken for his owi ve,
and not intended to be published.
But however, taking it fur troth, that mm
of the judges did speak to the effect in thstte-
port : it is a common observation, that triMi
judges are proceeding in the case of a plain tai
express law, words used by them that teadti
discountenance and farther expose the dial
then censured, are of no great authority.
The very same thing is done in kiid cUtf
justice Coke's ISth Report, with respect »
turning arable land into pasture ; against whicb
there was then an act of parliament in brisf ;
and farther to discountenance it, it is there iw
to be malum in te.
And in many places, usury is said to It
malum in m, and with greater oolour ; and Jif
I believe a prosecution for it would scares ki
thought maintainable, farther than the act d
pariiament will justify it.
But as to this particular matter of a shtftf
letting this bailiwick to farm, before it wassnt-
cially restrained by acts of parliament for v
purpose, there are many Ibotatens of ili Ml
an ancient and aUovtd ^-^^
Ji]ir High Crimes mnd Misdemeamoiiti*
A. a IT15-
rms
I Tlie tut 0e AlUQCtli, Rml. Sheriffii 5, eon-
ntog ifteml ihdvisious ntt • ' ; ; T ' i
I *«llj*i»»UUite -hail rxt
fhich wen? theriOii iitiU olticr hmhi'^m rs, ui^ii,
tri to JeuMe their bAiliwickit^ ■« to shcriffH and
Otbt^r mmUiers which hold their (jAiJiwicks
|r Where the sheriffs hi>1iliDG: *h«Jf Wiliwickt
iH^mselrn, or letting th^m to lease, wtiich is
^^Ettitii^ tliexn iu iMux^ is ■iiuketi ut as tierfeotly
Kjitrriynt.
^^t ^^^'^ ** ^^^ €ipf«Mion f ti|>po9e4i to be used in
lI<M»r, [iretrndfd to tie butlt oj» any precedent,
,auiUcitity or (act, but if barely tii« re&!toniii|^ of
^^^Khoeier be wns that used it, tr«)m the temjita*
^^Krn to v^Uich ofliters that pay mortey are eX'
^kaed ; and how just it i«, I submit upon what
1 bate Uid befure your ionJships on (hat sub-
ject. Though the Ilani[(er Irotti that temptation
is much ^^reater in tlie ease o( baihfTa and the*
dlTv, thut have only igaorant people to deal
>ftb in remote [»arta tn the oouotry, where it
difficult and chari^eiible to obtain redress,
lltiD in the ease of A 1 asters in Chancerf , tliat
t uiKler the *iow almovt of a court of ju^ce,
I wti«re persons wroui^ed have an eosyoppor-
^aity cfcry day to obtHiii redrehn.
• 8o that this biose expression nientioDed by
toor, (roupleil too with a grow mistake) not
M ' " taof judgtnenti is of very little
ic case to which it is applieil to
', iigiiTiiHi uitf (.ummou lawp and of less to profc
t prevent case to tie «o.
What then is farther offered ? Do they shew,
thill by ttiif comiiiou cuitoni of Ku;^)^||([^ which
riv lln- r<j)iiiiii)ii ijivv r.t T"t,j^|j||jJ i\\^
rii time to
nttialf
^o ; It is admitted on tho one hnnd, that
r it ootoneinitt^iuceof lis having been pub^
abed or coudeinued m criiuuial, al the oofii>
I la%v :
And r»ti the other band, it is notorious, that
ftM!i the irreati'iit tifTicei* have uocictitly been
' ' t (hat not in a clan-
' the price, and what
I jMiti nir, wAvy- x^f'w L'nterfd upon reoordt
i4natanoe« have vofne of litem been men*
lite hard, the sc
\%\i Siejdieo, tv »
bighi %\v with F>
kin|(, wbicli i
i <vf Ahirrd, in the 5th of
tit tuv 15 marks, that he
H for the pleas of
I ' taset waa ilien jutt-
, And Waller de Grey, in the 7th of kine*
»lin, uave »he kinc 6^000 marks to have the
llli's(Jbso('er^ hir hiM life, and the bishop of
k*rwich f n^ai^rs lr»r I he pHytui^ut.
J ha«e the fHi|n»'H of h^iiii ihi* records here in
j% haod, if thni ' ' ifthrni.
f Norarei»urlit uU Jn HolUn-
ad, ' ri\ I, (wh*i M4<*
rihr n the twokiui^H
- ^' al
in inly
F«IU,-^, _...^i ,1... --,'.'.. -.-- .. ^.. u,
t Tbe kioi;^ (naya Lbe liwtunan) 4iBllca a par-
liamenl mi Nottinfirhani, and the Ihrst A^y of
their spssi^ Gerard de Camville was dii
cbartfed of the office of the sheriff of LincMtlo
and diapoaseased b<ith of the castle and count ^
Audio was likewise Huj^hBantolf of the* coiMuy
and castle of Y'^i-tf u.lJ 4^\ the castle i>f Scar-
lM»rou((h, anil i i uiy and keetuu^ of the
county of West ■: ail. The which utfic^B
(as he ^oes on) being' now in the king^^s handv^
he set them on sate to him which would (^ive
roofd. Hereof It came to paiifl, that where ib«
Lord Chancellor offered to g'ive l,5uo morkfl
beforehand for the countiei of York, Lincula
and Northampton, and 100 marks of increase
of rent for etery of the aame counties; Gel-
fery archbishop of York offered to the kiiif^
3,000 nnarka afereband only for the county of
York, and 1,000 marks yearly ot increase, and
so had the same committed to his regiment,**
And in the case of Magdalen College, in tba
ISth of king James 1, reported in 1 Uolls^s lie-
ports 157, air Henry Hobart then Attorney
Generalf and soon after lord chief justice of the
Common Pleas, ai^yrues from it, as a (irtnciple
not to be coniej^ted, that if any one procure an
office to himself for 1,000/. of the gift of the
kinj^, the office is not lost by the statute of S
and ^6 £d. 6, which shews they think not
wicked, not malum in ««, or agmin&tilie commoa
law, for Uie prerogati? e cannot extend to whal
is so.
My lords; — Whoever makes the frrant, or
receives the money, tkye king' or a Bubj^ct, the
temptation under which the officer who paid
it lies, to reimburse himself, ii the same.
And if the slreu^th of that temptation make
e thin *
stances.
eugth
nai, it
the things criiuinar, it ivill make it so in all iu*
It hasi been taken notice of by those gentl
men who are of counsel for me, that the pro
soes in the very statute of 5 and ^ 8d. 64 prove^
thai this is not against the common law, or cri-
uiinal in itself, at the same time thst it puts
pariiruUr re«traint upon the practice of buying
aiiil ire^i or deputations to offices.
C N e to add iome obi»ct f atious upon
the pifJviMies m that statute.
Sect. 4, contains a proviso, that this act shall
not ejifend to nfi- -^+-- ^vhereof any |>erson is
seized of any ' Ueritance.
Suppose a II..... ..^. I1.1S on office of iuherit-
SDoe, lakes money from a person whom he ap-
points a« \ii% ileputy ;
Is not iliHt detinty as Ituhle to t»e tempted to
reimhursr tiitiisf If l»v pxlortion or ct«(ruption,
am if hti I I an estate for hfeP
Can a • .»ur turn upon the title
of liiw pr*ucii>.*l .' 5^* iii.it 1,000/ nor instance)
paid by him, %\\\\ certainly m^ke him corrupt,
if In ;,iil will
nt»i ' *v(our,
it hiN |rilUi;'||rai (Lit it ItIC IU Ut I tUUCC 01 thC Of*
til e f
I'iuH prtnis'i is therefitre plainly founded
only upon the rrtpard the hy^ - makers htid to the
firiipeny and tnlrrett of Hueh owners of an *4'
lice, wiiich itif y would not ptt^odicivand Ibert-
I a '
IS79] 10 6£OROE I. Trial nfthe EaH tfHSaeOetfleU^ [ISM
lore be ■ kft at fall liberty to sell the office it- |^ bed any Bocb wonM eertaMy iniiil qpan thcm>
•elf, er a deiiatatioB tn it. anil tbe pereoog that were bouad weey be db-
eo«ra^ from diepntin^ with Ibem of vhrt
the legidatura did not think fit to deprive tbc«
of, aud would therefore pay withootftaBdiogi
•oil.
There is vet one proviso more ia this ae^
BMterial to the present purpose.
Sect 7 provides, that this act shall not o-
tend or be prejtidicia] to the lords chief joftiM
orjudffesof assize, ** but that they may do a
every behalf toucfaiair any office to be gtwn v
granted by them, as they mi^iH4iaTe b3iM«lk
making of this act ; any thing abore-iBeiHifla-
ed to the oonlrary thereof in any wise notwitk-
standing.*'
This plainly implies, that at that time, nd
before, it was the practice for the two dwf
justices and judges of assiae to take money ibr
the offices in their courts, else nothing is dH
act could extend to what they usually did, ff
be of any prejudice to them.
And it shews too, that tbe law- makers (kl
net dislike the practice.
I beg leave to submit to your lordships, vb^
ther this doth not amount to a dedaratiofi d
the law, that the taking money for odicei,
whatever danger there may be fmm it in vom
cases, does mt necessarily, in all cases, csua
barf officem to lie made ; nor the psyi&f ^
make the officer extort: for the nalnre d
things clianges not with the tiilt*s erf* pewek
An officer that pays money to a lord chief jv*
tice, will be under ihe same teni|itaiiiNi tsgii
it np again, as he that pays to a lord cliaiicHhr.
Ai to the wuriling ami form of exprisriwrf
this urovi(M>, I take it tn be very clear, tbailk
wor4ls '* an they mitfiit have don«- befurr tk
•elf, or a deputation
. But if to take money from a person who is
to have or execute an office, were unlawful by
the common law, or wicked w itself; it is im-
possible that the owner of the office could have
a right to that wicked and unUwful gain ; nor
could the law makers have any regvd to it.
And since here they are careful not to take
h from him, they allow it. Thev in effect
BMke a formal declaration that it Is lawful, and
that the provision made by that act is not ko
aecesHsry, as that it should in any degree in-
terfere with bin private property in that in-
stance.
Farther,
SecL 3, makes void all agreements, bonds
and promises for money, for any office or de-
putation. But sect. 6 provides, that the act
•hall not extend to agreements, bonils, &c.
made or concluded before tbe first of Mareh
then next.
This supposes it the practice at that time, not
<Hily to give and take money for offices, but to
make tbrmal comraots for that porpuse, which
the courts of justice were to compel the per-
formance of.
Does it condemn them as criminal in them*
•elves, by rsason of the danger ?
N«>, on the contrary ii £ies not esteem the
danger Ro great, as that, to avoid it, the pro-
perty arising upon thew contracts aboold be
taken away, or at all impeached : but leaves a
remedy in a court of jiisiice to enforce the per-
formance of a coiitratt, which must neoesssrily
cause a public mischief, if that were true that
it is unlawful in itwH', and that itti unlawfulness
arises from the mischiefs consequent upon pay-
ing money on that occasion.
Had the makers of that law been of the opi-
nion whirh these gentlemen seem to he of, aud
thought such traffic a wickedness, it had been
impossible tor them not to have put a stop to it,
and absiolutely clisumnulled all securities and
cautions fur the performance.
I do not «fup|W8c the form of expression used
in this proviso will be criticised upon, or that it
will be inged that tbe words of this proviso only
import, that those bonds are left in such force
as they would have been, if the act had not been
made, and does not make them good.
That wonki be a poor subterfuge. The pro-
viso makes them not good, it is true. Why ?
Becauae it plainly supposed them to be good
before ; but that sect. 3 would make them voM,
if this proviso did not prevent it; and this pro-
viso is on pur|M>se to prevent it, aud for nothing
else.
And would the makera of a law, would these
gentlemen in making a law, insert a proviso
that agreements should continue of such force
as thev were before, it' they thought them of no
force before? Nay, if they thought tbom not
only void, but mischievous ?
I'he saving a right of action upon mieb
bonds, and making a praviooin favoarof them,
gives tbom MwhfoottlsMM^ that tboee that
nnakinir of this act,*' ar»? declaratory ; tto
they miffht before the making of this'act ute
money for offices ; and betuiiMe in the rtictf
those officers the danger was nut so gresi, it *
still saved and preserved to them.
If it be said that nothing is saved to dim,
hut they dwug what they might have done be-
fore, and that they could not before lawlslfr
take money for offices ; I beg leave to «d-
swer, that if that be ao, the clause is perfectlr
frivokius. A stnmg prejudice a^auist tbe (^
position that makes it so in all cases, but uaA
more so here.
For as the judges are alwajra attendants ■
thiff House, and this clause greatly coacrrfl
tliero ; it is highly probable that it was dn*>
up and prn|iosed l>y themselves.
And if t.;king money for ofluses were (biB
esteemed criminal ; if the notion is right wbiA
is now contended for, that taking inooe^ krd-
fices was against law, waa eorrupiion; ■b'
that this law was then passing fo lay finbtf
pprticular rt'Streiuta upon it ; is it p<M'iblf ibil
the judges could presume to ask not to biR •
difficulty or discouragement laid n|KMi tlicir kr
ing guilty of eorru|»tion, or their ^iag a ikiV
unlawful ?
Or, is it pemibie that tha
kii
^r fSgk Crima md MitdemMtmrs.
A. D. 17«.
[1288
Or« if tlie iudget would ask it, would ihey
|iro|K»cing the mo^ i-^
prt*\
Would iheVi ^y
■% own % corrupt
, t ) continup it, ask
idulg^M; nntl yet not
> ly jimtify tlicm in il f
that vrltat is char|(fit
y tjie
liW or usagre o4* ibiii king^tloni. if it be, it j»ro-
Mrly Uy oit tftetti to uisike it out ; hut they
iui?e tiiewn nt»ti»ini;f to uw^e it ; oot 6ne in-
stimce ot it; Mug puniihcd ntcoavmoo Ittiv^or
bl«med ; not one citation oat oi' the olrl books
of the conim#ii luvv, precedent to the acts oF
narin r i i\c nUtiu^tolhin|fftof that kind.
On J ay, I buve ilievvn it pnictised in
the ii.j;M.^k. .iu.unces, without blame or oen-
•ure: atid that several ebuse^i in the statute of
Jtd. (?, Wf VP Mhiinti fimrijt(*l npOU a 8U|>pa»iU0n
i^f tlijii |.; hy the common
law, and • uc«of' it, in some
iattances, to this daj'.
Thi« IS what l hud hnmbly ttf lay before your
lordHhipf, with respetrt to the common law.
And f shftll nnw coosid^fir it as it st4nd9 upon
Ifar acts of partinixteot.
And as to act* of |iar1iAment relating to this
ntatter, they have su|f guested ooly t^o, the sta-
tute 1^ Ric. 2» cap. 2, and the suilute 5 and 6
Ed. (J, caa. itf.
An to ibe «tatute 1« Rich. 2» Tl»e proviwon
•f this stittute JH lo hind ibone who make or
name officers in tltc ca«c4 to whlclt ii exi'?Qd!i»
tinder au oath to ohst-ne the directions nf that
st4ktufe in their so doirii:'. And I hope I hare
ilreadv fully an*\*eret* ihr pretence o( luy ha?-
Ipg^ taken ail oath u|hhi thi¥ statute, wtuch ex-
tends to any of the olhcr^rH in the C«iuit of
'■" tictiy. 1 shttll now cotisidcr of that hist-
ite, and what muy he Uij^rd fniui it, a little
tore (idrticu hurt y , And,
!, A« I tiavc already mentionetl, I lake the
r 12 Rich. % to filiate onl^ to Huch
uiH as am iu nature of clecttuas ; that
hxirh where the uouiiuuiionismiHsiremI per-
ns.
B tUo«e ro^ ' ' ■ ^^fiiinon with us to have
h utxiUt ii 1, ♦kut UfJt in others,
find thtm ... . ,. ^^s, and other boilien of
El»n.
The. ^Ttai one and main ti»tt :•!
I in ihota** CM^i'h i"*, tu previ i,
ife, and hrtutiea, wht-it? tlu ^ ,*
mit^rni^fd ^dl nHtiualty hate iii!!Tcrttl views,
th** m>iim»%itft >i ;uii! riinNntiuns aridnjj
IC¥ aniuu- ihia staiut*!
\ i:arc o*, i .. . . : the public
ee,
^he ihirt^s wh»ch cause most contentions on
mU (»''•■ Hions, are m«njey, affertioiij (hy rva-
nf kLiMi»cd or frkondsbip] and {freat vuticita-
iA , Uiifl act extend* to all Ihrfyj,
- ' <.."'• lu forbid thi; last (soli cifatiifn)
and the being influenced by tiiher of
.,. :.-..>rr.
Th« perauns eatUd to yamt, or mike justlcti
Kxirh inn
of the peace^ sheriffs, or any other officer or
minister of the kintf, are to be ^wovn, ** llial
tbfy neither name nor make them for any man*
ner of gill or hrocatje» favour or affection ; nor
Any thai pursues by himself or ony other, pri^
vately or openly to be in any manner of office,
he put in that same otHce^ or any other ; htit
that Ihey make all Hoch otlicers and mitiistert
of the most ^ood atut lawful, and the most suf*
6cient to their knowledg^e and their cQUscuence***
My I Old 6, in the next place,
2, The wohIa of the statute plainly import
as much *, 'that the namrnation there nieani, if
what is made by aeveral persons wlieu they are
called tojjether,
** it is accorded and (issented^ that thechan*
cello r, treasurer, keeper of the privy seal>
stewani of the kio^S house, chamherbin of the
king, clerk of the rolls, ju.^tices of the one heneU
and of the other, baroos of the Kxcheijuer, anU
all otherii who shall be calleil to name or make
justices of the peace, sheritfs, escheators, cus-
tomers, comptrollers, or any other oJlfic*r or
miniHter of the km^, shall be firmly sworn that
they neither name nor make justicfs of pciace^
aherilf, escheator, customer, c(«mptroller, or any
other minister of the kinjf, ^c. for gift or
brokage, favour or affection," Stc.
I own, that there st^ems some difficuUy as
to thi^, herauste I do not know of any law, at
that time, that any of these onicrrs, eicepi
tdieriffs, were named hy uu asstmbiy of several
pet^oi^.
Uut thouf^h there were no law ref^ulrinsf it^
there might be an usai^e to «to it, h v t»ome di*
reciioD from the crown Ibr better mtorruHlion.
And what is now don»^ in relation t** ^^herifTs,
turns in oome part uofin hucIi «;; i^'e ctMitiiiue<l
down to thi« time, without any U'A,tli:it I cmilif
c*er hear of^ fo i(upjK»rl it, as to al the persona
who now meet to name tfiem.
For hy a slatuto of o K«f. 3, csllef! the Sti*
tuleo* Shfrifls, |u UjiM. Tit. ShiMtJf** ^^
** Sheriffs are lo * f iiy tlwctiiincellor,
treasurer, barons or itic r>xcbequer, and hy the
justices.*'
By 14 Ed 3» cap, T, Rast t%
•* iiheriffs* fthall Iw* ordatiied b> the chancel-
lor, treasurer and chief *" * *^n- Ex^chefjuer^
tnkin;^ to them the c *-% ff the one
pr:'«ent : and'
, hy the trea*
cr and the jm^
yearly on tho
(that is the third of No-
fixes the time amt
place now observed,
Hut as to the persons, thoui^h the jnstiees of |
In-' r *« are in the first net, vet none of
1 i i «.' chief justices are in ihr* lant. Andf
thr hrtii privy seal, lord Mewiird, lord chain •
herbin, and the clerk r»f tlie tolls, and olher
lorda of the council, ai i^ in neither And yet
hy coniitant usage, all thove atteoil ui the nam-
ing of AlierlfFs ^ and as they see occasion, gift
their ad vico and aitinanct, and ftll take tht nntk.
I>ench fttiil oj tU" ntht i
in the
smrr, ii ^
tices* Ami that shall l>e done
morrow of AU Him]
veuther) ** ui th^ '
This is the •i.^..
1S83]
10 GEORGE I. Trial of the Earl of Macclesfield, [ISSi
And by like usa^e, which we cannot now ac-
count for, there was probably some such prac-
tice Willi respect to otiier offices.
For it is to make the statute absard, which
nrovides that such and such, and All others
that shall be called to name justices of the peace,
sheriffs, escbeators, &c. shall be sworn to name
these officers without favour or affection, if
neither they nor any others were called to name
any of these officers.
3. Tliis is the strong^er, because constant
praciice, the best expositor, has thus expounded
this statute.
If the intention of this statute were, that all
the particulars first named, that is, chaucellor,
treasurer, keeper of the privy seal, steward
of the king's house, chamberlain of the king,
&c. were to be separately sworn, as to the re-
spective officers under each of them severally ;
Then this must have hten made part of their
oath of office, or administered at Uie same time
with it, though in a distinct oath.
But that has never been done, nor has it ever
been administered to a single person at that or
any other time. Which is the strongest argu-
ment possible that it is not what was then meant,
JOT ever understood to be meant, by that sta-
tute. But on the contrary, in the single in-
stance where several are calT^ together to name
officers, that is in the case of sheriffs, the
swearing of them, to observe this statute on
that occasion is never omitted to this day.
Give roe leave to observe one thing more,
that a chancellor, a treasurer may possibly be
seven years in his office ; I believe treasurers
Kave in fact been all or the greatest part of
th^ir tin^e without ever taking this oath, which
is never taken, unless they happen to assist at
the naming of sheriffs, wnich there is no law
requiring the other great officcre to attend at,
sua which is now become little more than a
matter of form, the list settled in that assembly
being every year departed from in many
counties.
And if this that I have thus offered be the
whole meaning of the statute, then at this day,
M the usage now is, it has nothing to operate
upon but the nomination of sheriffs, and there-
fore extends to no other cases, and consequently
pot to any of the officers in the Court of Chan-
cery.
But may it not be said, that though the oath
required by this statute extend not to the pre-
sent case, yet will not this provision amount to
a declaration of the sense of the law- makera,
that the things thus provided against are such
•s should not be done, and consequently that
the doing of them after such statute will be
•gainst law ?
To state this distinctly, would take up more
time than is proper upon this occasion.
But this I beg leave to say, and it will be as
well applicable to the statute of Edward 6, as
to thiSf and perhajis more direct ly.
Acts of parliament that contam political pro-
▼isions for making regulations, or for avoiaing
dni^ Ml wicked, but whioh saay be lAooove-
nient, have not always this conseqaeMe, thit
actions done contrary to what they deaigDed ia
the very cases then in view will be ariflwia],
and much less in cases not in rievr.
Our law is sparing, in makiag' the daing i
thing a crime, which may he rectified ani r*
dressed another way.
There are several acts of parliament ta R<
strain ecclesiastical pereons from maUv
long leases, to prevent the inconfeDienecs iwa
leases may bring upon their suoeessors ; ikM
acts declare sucn leases void, which thercftn
are against the intent of those laws; bat it as
never thought Hiat the making or acoeptia|
such leases was criminal.
The sense of the law- makers is to have oi
consequence, but what necessarily follows ftoa
the provision by them made.
What they mtendcd was, that the sutuaiw,
if he pleased, might set them aside ; wbiek
would have this effect, that none wouU tike
such leases, or they would do it on terms a^
vaotageous to the successor, or with a resiia-
tion of being so good tenants, as that the f0O>
cesser would not take advantage .of it: sothit
either the lease would he vacatetl, orthe ineoo-
venience would be prevented without, which
fully answere the end of the act. And tUiii
vei^ applicable to the statute of Edward 6.
In this act of Richard 3, the incouvenicsei
provided against is only in election^ or nooiss-
tions by numbers ; the provision ia by taki^
an oath.
If such oath be taken and broke, that iii
crime; for that is the necessary oonseqooM
of the provision made, violation oif an oath btf^
undoubtedly criminal. But where no oatk a
taken, much mere ivhere none is required, 1
do not see how doing the thing can be a crinti
merely because in some cases it is in this sisa-
ner provided against, and would be crimmal if
in doing it an oath had been violated.
One thing intended to be entirely preveatfl
in cases within this statnte is solicitatio&, if
desiring a plaee.
But lias it ever been constmed, in eooia
<]uence of this provision, that if I put a pert**
into an office, who ever asked that or any otbcr,
I should be a criminal, though I never Udk
this oath ?
Then the consequence will be, that the lik-
ing a place, or the modest offering a man*t Mif
for it, (nhich would he suing or pureuis; fov
it in the words of the act,) will lay him undcri
perpetual disability of having that placr, «
an V other.
Nay, since asking a place is what the scalsk '
has made a provision to prevent ; wbotva
asks a place, does a thing intended to be pit-
hibited Dv the statute, and istherelore crinusd
Was tnis ever the construction of this ad f
Nav, every one that assists in what was dia
intended to be prevented will be criminal, vd
so will every one that asks for anocher st M
request.
My lords, at tUp rata the UtMM wiD bs «i7
aztcnaire.
Jitr High Crime.f and Mitdemetmori.
[1S8(*
MM
Bpurd
I woukl beg leaf e to mentioti one cise morei
dhofie iKf ifenileiDeD u( the flotite uft'Com-
ions will not take it araiis^ or look ujioti it as
•nv ♦It'irfspcct to them.
By ll»e sivtute 1 lien, b^ cap. 1, *' ft in en-
acted, that kiiig^ht^ of shires be not cho&en uit-
they \»e resideul within th** shire where
*y shall be chosen, the Jay of the <lale of the
rit ot summon*. And thii tUr citi/cni and
r^es*)e« uf the ciue«aiwJ horou^his he chosen
men, dtize«« and burgvS5ic«, reliant, dwcllinif
and Irce in the same cities and boroughs, and
no other in any wise,**
The statute 7n lien* 6^ cap. 15» recites thii
lait |)Art of that statute, and eoactS) that U be
dulv kept in all puinla.
And this ii the statute upon ivhich actions
tited to be brought, in our tioie, for false returns
€f menibers to parUameut.
This ts in dtteiH itords a prohibition of any
per^onN being chosen thut lU not resiant : Uut
since the natural eirccl of this proriston wrould
be, that (the suhject-niutter thereof being the
eaae of a legal authority conferred hy the
choree) peril) Df chosen « not being- so qualified,
mijrht in consf^nence of thii law be rejected.
If thia political provisioo be not complied
wlth« ia there another consequence to folluMr,
inAead of redressing it this way, and thp parties
eonoerned to be therefore made crimieial ?
la it crinninal in those who ohuse fur their
represenlativea in parliameotf persons not only
Ciot resiantj but whom they never saw f
^^ Is it criminal in those uuqualiHed persons, to
^^^Breiiume to take their ptAce« in the House ?
^B Is jt cnmioaJ in the other meuibers, knowing
^Huch to be atnon^it them, not to turn them out
^Kr offtciQ. even thouf;:h no complaint be made
^Bom without doof6 ?
■^ llhmkoot
Yet \ apprehend that will be the eooscqueocf »
if lawaot that nature are thus to he expLiint'd,
id every action is to l»c judjfeil criminal, which
y act of parliament has made any aort of
If jjiioti III prevent.
to the statute of 5 and 6 Ed, 6, cap, 16:
Althouffb it has made provision ag^ainst the
jc or disposal of ofScea for money, yet rjo-
can be in fe I red from thence in support of
utiou.
that your lordshipf may take a better
w of (hat law, permit me to fay before you
pw ohaerratjoni,
Tbe preamble seta forth the end for which
lU rcatraint was laid ;
** For the mfMlag of corruption which may
^freatter happen to be in the oHiccra and mi-
"' ftf in thoKe courts, and placets, and rooma^
reiu there is n^qtiisite m he had the true
minittfution of juntice, or serf iees of trust :
** And to the intent ihiit perjMm» worthy and
__^^ ... . ^_^ ^^^j ^^^ ^^^ pUce where juir^ice
tered, or any service of trust
f, lil^mtld hereafter m: preferred to the
same, sod no other ,^*
Hirrr im tttention inadf of Corfu pt ion » hut it ta
tel which may happen in tbc tffitvra ap-
ihwi
pointed, it calls not tlie taking money opon ihe
appfihitin!; tliem corruption.
It in eflVct jirayn, what I have before said,
That giving tuttl taking money is a tempta-
tioo to those Mho dispose offices, to |»ut in
sometimes uiiHt persons ; to those who ouy to
«.T(ort and he corrupt.- And cousequenlly that
if thi^i practice continue* there will be rn«tunces,
in which this tt-'mpiatiou will so f*ir he yielded
to, titat person* nut worthy will sometimes he
prefer rett, and ihuse personsi will some of thetii
rentare upon being guilty orcorruplioo*
But to avoid all the corruption which may
happen in those instances, and to tlie intent
that this temptation may in no cajse prevent,
bnt that worthy persons be advanced, and ua
other in any instance, the staluie is mude.
The main end whereof is answered, if worthjf
persons he advance^l, and they be not corrupt^
Liut IiehavG themselves well.
What then is the particular provision mada
by this statute? Not making way for an ar-
bitrary punishtnenl, by declaring it to be cor-
ruption, or criminal, or agatu«$tihe provision of
any former law, to give or take money tor an
office.
Not declaring that it shall he crimioal for thf
future.
Not even eoactlng, that no person shall take
or give money for an otfice t which might m'tka
the contravention of this law a crime for tho
future :
For it is reroakable, that this statute has tiot
to much as any prohihitury words in it ;
But the whole provision is barely putting
the ca.%e by way ot supposition, *'if a person
da take money/* dec. and dfclaiing the conse-
quence, which conscqunicc is*, that the perwm
taking the money, if it were for an oflica
shall lose the nomination to that olHce ; if
for a deputation, tie should lo^e his interest iti
the ofHce: And the person pnjing shall be ad-
judged a disabled person to have, occupy, or
enjoy the office or deputatioci. That is, as ap-
pears aAerwards, lie is ilisabled, so far as
concerns himself, his right to have it, and to
continue the taking of tlieprotirs: Out not so
far as the public has henrfit by htm : For by i^
proviso fur that purpose, atl acts done by hint
are valid*
The effect of which i«, that the officer who
comes in for money holds thnt othce precari*
oiisly, which wuufd otherwise have been for
lilif, and is wholly at mercy, if he gives tt»a
least ticca«ion of complaint ugaiost him ; and
since he that put him in has lovt the nomina-
tion, th«'re accruer to the king a rij^hl to dW ih«
place with a l>ei1er inun in rase he thmkv tit.
And therefore f will not rontrovrri, hut that
the right of power of n urn in at ton to ao ofHcii
tnay , by prn^ciition grounded 0))on tliia ftatatv^
be taken from the person who etyoytnl it, and
vested in the crown«
But as thf re is no auch power of nomination
to the«e otfit-«!tt now m me ; but I haVf tost it
with the ortice of Chancellor, and therein havf
suficied a luuch grtairr Iota Ihfto that of ibos#
4
4
1287]
10 GEORGE I.
Trial of ike Earl of Maecle^ieUf
[12&8
Boininatiooi ooly ; no judgmeot can be given ) question, whether on action woold lie upoD a
•gainst me upon this act, and therefure neither
can there he fuund upon it any proseciiiioii
ajfain&t me ; for that it but a inf thoU of praying
and ohtainir.K a proper judument.
Ah J to adjudi^e, that upon the case which
has happened (supposiof^ it to he within the
wonU Hnd oieaniui; ol'thik statute) any punish>
merit shall he inflicted, or any consequence
follow, beyond the loss of the nomination, is
(wiih great submission) to go quite out of this
statute.
Tlius 1 have endeavoured to make out what
1 first proposed, that tlie receiving a present
upon thfNe occasions is not criminal in itself, or
by the common Uw, and that there is not any
act of parliament whatsoever by which the
same is made criminal, or subject to any pu-
nishment o¥ judgment which can be prayed in
this prosecution.
My lords ; all this reasoning is greatly for-
tifieti by usage, by my predecessors ; which
usage is expresidy proved before your lordships
hy all the Masters, who could not refuse giving
testimony ; that is, all the present Masters ad-
mitted by my predecessors, who are indemnified
by the act of this session for that purpose :
And, I think, is proved too by the former
Masters now living, who declined giving an
answer to tht? question, when askeil, what they
gave or knew given ; making this their ex-
cuse, that by our law no man is bound to ac-
cuse himself, and that to own they had igriven
money would eziiose them to the penallies of
this act. For whatever micrht \ye the conse-
quence of owning they gave money ; there
was no danger in saying they gave none. And
they might have given an answer in the ne-
gative safely, but that the truth and their oath
would not allow them to do it.
And this refusal of theirs to answer, was not
a cfintrivance of mine, they were supported in
their objection by the {gentlemen that are Ma-
nagers, who were pleased to give their assist-
ance to defend them from answering the
question.
And might I have been allowed to have given
evidence of what has been from time to time
declared, by parties concerned, who are now
dead, it woiilu have been proved much farther.
But J apprehend the thing is notorious ; al-
though Slime proofs have been oflVred for form's
■ake, yet it wus equally well known before ;
knoun to all the worltl.
Uive me leave likewise to argue farther upon
til is whole matter from what 1 said once al-
ready, that it is admitted there is not one in-
stance, that such taking money has been pu-
nished either at rommou law or upon act of
parliament ; that tliis, according to the rules of
our law, is one of the strangest arguments
that it is not punishable. For it is not to be
presumed, but that it has been often done ; the
atatnte of EtL C, takes notice of the practice,
not only of doing it, but of entering into formal
contracts, and bonds for that puniose.
littletoDy our most cdehrated lawyer, apoit a
certain act of parliament, rests npon it as a de-
cisive argncMut in favour of the negaifive, that
it was never seen or beard that aoy adioa wai
brought upon that statute; alledging that if
any action might have been brought ibr tUi
matter, it must be taken, tbat at tone time ir
other It would have been put in praetiee. Aai
tlie lord chief justice Coke, in bn commentary
upon Littlemn, observes, that as usage is a good
interpret!: r of laws, so non- usage, where there
is no example, is a great intend oieot (as be calk
it) tbat the law will not bear it. Not that u
act of parliament (as he goes on) can by aso-
nser lo^e its force ; but thiit it may theveby be
expounded, or declared how the act is to be Bh
derstood.
This is what I have to aoboait to your M-
ships, that the taking money for offices is Ml
criminal, which, I apprehend, ia the whale
charge iu the Articles, except the manner tf
taking it varies the coitsideratioo, which 1 shil
take notice of afterwards.
There is not the least pretence, that mon^
was given for putting in persona unqoahfiM,
the supposed crime is singly the taking money.
And as to what lias been said by way of com-
paring it to the case w here any judicial onkr
or determination is made for a lirihe ; give ns
leave, with great submission, U% inaisi upon it,
that there is not the least parity at all betwixt
that and the present case: for in mauenof
judgment, if the party have a right to what bt
sues for, he ought not to be put to buy bis own;
and mu'*h less, if he has uot a right, should b<
be at liberty to purchase of the judge, tkit
which is the right of another.
But this is nut matter of justice, hut mat*
tcr of favour and pure bouuiy ; ulietitn 1
put in this man or that man iiitu a plact iu mv
disposal, depended wholly u|K)n my oun vboicv
anu pleasure ; so that the cases are not at all
alike.
A bribe strikes at the root of the equal ad*
ministration of justice ; it is a prnf(e^Sl:li bos,
and can mean nothing hut to de^itmy indiiTe-
rency, and to render the judirnient partial.
Jt*^is therefore disiilloneil in all natiotiy, aa4
in all ages ; aud is expri-ssly forbid by the law
ofGud. And had the gentlemaii nhu tourbcd
I 11,'ion the text which condemns gilts, ben
pleased to cite it at large, it would bavf ap-
peared to relate to briber given in cases of judff-
mrnt, Deut. xv. 18, 19. *' Judges aud officcn
bhait thou make thee in all thy gate«— Aai
they shall jud<i;c the people with juhtjudgniaiL
Thou shalt uot wrest judgment, thou shaltsDl
respect pei^sons, neither tidce a gift. For a gilt
doth blind the eyes of the wise."
As to the manner of taking money in dtf
several Articles 5, 0, 7, 8, the case stands tb»:
5. There are iu all, eight Articles relatflf
to this mitter ; but they have prooeeded oaly
upon four: the first of which iatlie fit\b ArtkH
and relates to the money taken on Sir. &/*
naston's admittance.
Upon their own f fidanco it sppcanb iMlb
1280]
Jbr High Crimes and Misdemtannti*
A. D. 172S.
[1290
fL^antsm 9AB well rtOiNMnewU kf Mr.
Bayly ^ n fiersoQ of 1 1 ery gfiwl cbarBCter i tlm
ibe finl aud ooJv tuvsciMg'e brought U> me, wtlii
reUUoD tu I its admUttLnGe and the money ti> l>c
pmidf was Uua ; lliat lir d««ir«Ml to be 4iJitii(ie«J
on tke surreodar af Mr. Hogt;r«, ayd wotjtd
ttiukis a compliment of 1,500 guineas, or, if I
414 1 not (hi ok lUafc «n«agh 1 tbould plca«e my-
self: and my answer wa»i 1 wai pleased wilb
tbe 1,500 g'umaia, aiul be waa admitted*
It b;is b«cn eodeavoured to fnaJce wttal waa
tlu'a docit: odious ( by repteBenttiiir, that Mr*
ICynaslOfi fimt offwvd 1^000/. but Mr, Cotting*
haul would »iot propose it i that it was wcirked
up by Mr, Cotuogtmis's tailing btm llial be
bad botigbt a good ofiice ; that l^lr, Rof^ra
Usui If hi bko ba usually made 1,700L and
aoOMiiinfV 9|000/. per auuum olit^ and thai be
ooderstaod tbe nronin ar«jce out ol ibe otxiiiiary
pra6ls of the oilier, and tbe use ot Ibe suitors^
mowty togelber.
As to ibe offer of 1.000/. Mr. CoUin^bam, a
witness produced by tlieitiKeUi^, denies it.
Aud >Ir. Bayly^ their other witU4r«a, who firwt
broke tbe alfairlo l^Ir. Cotlingham, auil at bta
ntyrn from btm, told IVIr. Kyoaaton that Mr.
CoitiBf Wafn vaid 1,600 truineaa wociJd be ex-
pected7awear«, that Mr Kynantott jinmediateiy
aubmilled to what Mr. Collin;; ham bad so
memtori»K oidy besmd he Ibooi^ht »i Uml been
but 1,500/. And ihiB Han Lit-fure Mr. Kynas-
taaw Mr C*Jt«inghafn.
\o tbal Mr. Kyunst«u'< oath is directly con-
licted by Ums ustb uf Mr. Coiitnfjfbam, one
of tthirowii witneasea; and is bi;;bly impro*
bable from what Mr. Bayly aootber of tbetr
own witnesses swears.
And *is III what Mr. Cotliaf^hafn said about
tbe gutHtueas of ibe olBce, he h wears it was
after the 1^500 tfiiineai* wrresifteeiUolK^ paid*
And iudeetl upon thut dependeiJ not un mxteh
irlial he wa^ to preiieal to roe, ns what he was
to pay Mr. Ui^tfurs, \vhich bad lieen at^reed
yptNi before Mr. CoUirif^ltam vvas sj^okcn to.
tio ihat here is ooihioie hut my acrepliog^ a
puni of l,64JU|;uiiit:ii<f, which whs profjosed to
a vol unit ry olYer, wbeu 1 wa* at tbe
■ time told 1 niiL'hl baVK mure, if I wouU
\k^m it ; without one af^ifravaiini^ ctr-
nct*f with rr III tion to the person ad*
, or what I did.
nevt of thrMc Artic1«« » the iixlb,
i coiic«in!» Mr. 'fhomas brimel, and tbe
' gi?*'n me by bim« on aoeount of btM
^•dfnilted Master upon Mr. Hiccot^ks's
tba wboU of ih« fael, so far aa 1 was
mI in it or knew nt it^ was hut Ibis -
Mr. Cotttoij:hiim informed me of a toIuu-
oifar luadta by Mr. Bmiici of t,500
aa, wbtch I accepted. I U^bevt^ be tlioaj^bt
"n«t ill iias4» atid I imn^ ibeo •»xireiiiely
* to b« admiiietl, for fear (am iVIr.
swear* bt^ ihouK^Itt) of faHiu|f into
Oa Thursday , and in f be oi|fhls
and after, I rememlier I tost near 50
of bW«d| in iteol 94 h ouni. And Ibat
aasT mtwr ni
niiaicaa, wbtct
&|^fi<it ill
N^Hgtiamsi
w#ftto luhfMla.
nigbf Dr. Mead told Mr. Cotliitjtbtnn* that if
tlie dUtempor bud not a turn very sonn, I eould ,
n<*i h>e^4 hoiir^. Uii Fiiday Mr. Cottin^h^ha
says, ttie Iloctor told biio tiiedisi«'uip»'r UhA i
turn : on HatmJuy iDorniog^ Mr. Brnoei, attei^l
great twpcNTiuuity , waa ailmitteil whUe I was iqrj
bed, but ci»n»pany kept out of ilte rooos
BMM^bas oould be.
Tbts is wbnllbcy have proved by Mr. Cot^
tinarbam.
Mr. lieuoei, wbomenttonfi noMiia^ at oil of
me of ht4 own, knoul«i<li^e^ but ot the kindness
with wiiii^h I spoke la bim, and lold biisi that
lie was uduiitted by a dying Cbanoellor, i« their
uthtT Hituesa, who is to nbew tut idious circunt-
slasiees, And fcry aolicilous be seems to be to
do it.
fie takes care to say, that be was onlered to
come alone, and bring' nobody with bioi; as
if it were tbe better to keep secret tbe pay meut
of tbe money, tbougb be knew my g^reat
wetjkue>^ was lUe reason.
Hti laffectM to Bay, the Uank* notes were taken
out iu feit^ned names, and thst it was no
thought proper to use tuy name or hii. Thou
upou aituther AriicU*,' ^hen he is eiamiued
af^uin, it comes oui, Uiat ilia feiift^ed name wua
Ihiit of bis clerk, whom be sent to take otit th#
notes, and it was merely Branet's own doin^«
He says, be oOvW 1.000/. to Collin); bam
at tirsf, and telb a Ion*/ diAlt>s(^ne they bad
obout it^ hut Cotliiighsm nimst^li Ujtftti bis oalb
denies ll nil.
ISo tiiai here, at laai, nottiinu' vi proved that
patted with me, but ilia 1,600 gninetis being
oflbfed In me anil aeee(Hed.
And ^ii^e me leute to o^tserve, that the two
iutiis ol thene twti Articles were ueriainly not
paid out of the suitors' money, F(»r whatever
other objetAion may be maile aa^ain^t Inking
tbe present Iwfore iidmi-*iiion, it has this etlect,
to abew that it came not out of tlia moiivy of
the suitors.
Aod yet there betof^ a pretence (wiibotit
stating tbe circumstance of time, which I tiate
just takeo nolire nt) tliat I hey were pai<l out of
that moneys and ibjil the aiiitorii were in dsrtger
of beiJii; sutlVrers; I b'liuuht money mia
Clianiery, to be subject to Ilia orders %»f lb*
Court.
The two oiher Articles, the 7lh and mb.
weie upoo sdunsaiouv to places tacaol by
deaib.
The fib Article cnnri>rns llie csne of Mr.
Eble; aod (tie fact, as Uiey bavc tbem&eivet
pr«»*Ml, is thu'k :
Upon tbe dratb of Mr. Fellowea, the fonuer
Ms«tcr, ^ OtiO giiineuM i^ offered aod |;i«en 10
mrhy Mr, Ehlr ; ti {)0t>/. it tiflcrr'tt by nnolhfr.
It is ad Hill led, that Thomas Beunet ahoui
three quarters of a year bt-l*/!^ upon coming
into bis olaee ^an> biit preilecc»iH»r, who sur*
rcn'h^rcd lu bun, 7,60il/., and to tlie ^f«al aeal
1,576/. in sH '>,Q7.SL sod tl44tl Mr. Kynaslon,
two years before him, gave his predeoeaaor
d.OOOA aud to the great aeal tfbJU. in all
r,575/.
i
1S91]
10 GEORGE L
Trial of the Earl qfMacdesfieU,
AdiI Mr, Elde, a man of uobleroUbed diarac-
ter, of a f^ood estate, and Dot one objection to
bis fitness, is admitted, tbougli he pajs so very
Biucb sbort of what others had paid, and less
tbaii was at the same time offered.
And of this titat he paid 3,400/. was retaraed
to biro, and only 1,850/. retained.
I will not trouble your lordships in relation to
what my private intentions were in that trans-
action ; if they were capable of bein^ proved, 1
believe your lordships would not dislike them.
Some little reflection has been mode upon
the raouey beingf brought in a basket, as if it
were for privacy, and even to conceal it from
Mr. Cottiogliam.
Whereas it plainly appears to have been
without any design, and only Mr. Elde's mak-
ing use of a convenience he accidentally bad in
bis chambers.
But if there had been an intention to con-
•eal it from Mr. Cottingbam, why was lie the
hand to convey any thing ? VVhy was ho the
person to brin^r up the Insket? Mr. Cotting-
uam knew 0,000?. had been offered by ano-
ther, and might rathtr guess this to be more
than less.
And had Mr. Elde not been himself examined
(which at that time it was not expected be
would be), and Mr. Cottingbam proved, that
Mr. Elde had told him he would give 5,000/.
for the place ; that another offered 6,000/. that
he had told me of it ; that Mr. Elde ofler de-
livered him a basket, which by its weight he be-
lieved to have money in it ; that he brought it
to me; and that Mv. Elde was that day , or very
soon after, admitted : according to the candour
of construing my actions, this would have been
said to be a convincing proof, that there was
6,000/. in the basket, or more: it being impos-
sible for the avaricious temper of the earl of
Macclesfield, for his impotency of mind, his
constitutional weakness m uuttters of money,
not to take the greater sum.
The 8th Article concerns the case of Mr.
Thurston.
There, upon Mr. Burret's death, 6,000/. was
offered me by another worthy gentleman, but
Mr. Thurston was admitted.
He says he gave u|mn that occasion 5,000
guineas,*^ but that all above 3,000/. was re-
turned.
My lords, since what passed relative to that
wiaitcr is not capable of proof, 1 will not trou-
ble you with the particulars of it, which might
be material.
Mr. Thurston is likewise a person unexcep-
tionable ; Mr. baron Gilbert, now one of tfie
lords commissioners for the custody of the
great seal, gave me an extraordinary character
of him, and that determined me in his favour.
But there is no objection to him neither, and
ther«'fure there needs no proof.
This is the state of the fact upon these two
Articles.
This is so far from cxtortioD, the money is
Yoluotariiy offered.
[lS9fe
So far from avarice, the mater sum is if*
fased, and a less taken. Ana ertn the grcatcfS
part of that returned, S,400/. in tbe one cm^
and 3,250/. in the other.
And the persons socb, that, were 1 ts{v
thfoogb Westminster- hell, I cnonoteaalyfii
out two better men.
Upon tbe whole, all that can bapretcmMii
be in m^ bands now, upon theee roar Arfieki
conoeniiag Mr. Kynaston, Mr. Tho. Bcssi^
Mr. Elde, and Mr. Thurston, which are all Ihi
Managers have proceeded ujkni, rebtisf H
money received from the Masters, is bot 3,850^.
that IS, 1,B50L from Mr. Elde, sod yXOL
from Mr. Tharston ; the rest having brai il
returned.
And as to that which was given hmek to Mr.
Thurston ; he has sworn, that he was seat lir
several times, in order to have part of kii
money returned, and received it before tbefint
seal afler Michaelmas, near a month befimisf
order by the lords of tbe council to call fcr ik
accounts, and while ev«»ry thinff was is thi
same state as when he paid it, andfrom bhcti-
dence it cannot be judged to he any thisgbit
tbe effect of generosity.
Mr. Elde's was not retnmed till after tb0l^
counts were begun to be taken, he contimiiBf t
long time in the coimtry ; but when he esmeU
town be bad iL
eifB
The 9ib Article relates to 100 guin
me by Mr. Tho. Bennet, upon his dii. ^ -
bisoffice of Clerk of tbe Custodieeor luaaliei »
Mr. Hamersly.
Tbe evidence is qnite contrary to the Cbsrfi^
as it is laid in the Articles, and amonnis bst n
this. That Bennet having agreed to dispose of
bis office to another, sent me a present ?§!■•
tarily of 100 guineas upon that occa '
though I, at that time, knew that i
been given in the like case, 1 was
with that, and accepted it.
This is within the same reason as the CMI
of the Masters : it has been practised by uj
predecessors as a right of their oflioe, *o||M
dispositions of this office, and others of tbe liki
nature.
Besides tbe proof of what had been paiili
tlie great seal, upon another disposition of ikii
office ; il has been proved, that another of nj
predecessors, tbe late lordCow|)er,dedarodlsi
opinion, that he thought it hia right to barf •
present: and he having then paswd a grssi if
this very office without having had a preeiA
upon the party's having pretended andawoff'
him that it had not been usual to give any iorlhit
office ; he expressed great disaatisfactioB, td
declared that ne thought he had been nniieeirf
on, that he saw no reason wb v that office siwsy
not pay na well as others of the hke
which implies botli tbe fact of receiving
ties, or preseuts upon transfers of snc£
and his claiming a right to receive them.
As to tbe discourse Mr. Bennet nreice^ *
have hod with Mr. Cottingbam, llir. Csrtiog^
bam denies it $ and ae they both are fudM"
fir High Crimes and Mi*4tmtanort.
A. D. 1725.
CIW4
Manae«f9 to this point, tUis i« m cUsti-
llween ifieir own witnesses ; aiiJ ihat can-
Mid to be provijil by them, wbich \%
by one of tlicir wttne&seS) and jmii*
Ldctiieij by lbi» other.
I if there hud tieeo any such dis«oi9rie| it
I brought home to atfVci me ; for lher« it
ftence tliai I kiipi^ aoy \W\f*^ of it,
1 10 (he whtde fact wherein tliey ili^fer,
Ir, frtiiu the dmrftcter that lia» been j^iven
to sNvenr liiinielf now \iorih no;litnj^« AniJ, to
«lo it efTccttialfy, he fiijcks not at oiiiMTig', that
he bus inort^ii|(ed port of hisesUlo for nu»r«
than it in woith. Vet there is ujion your ton!-
ahtps* lobte the nartkutars m^eu in by him t9
the Court of C'bancMy, mierein liia estate^
liesideft that which he sayfl he pnrchiiset) 9irjc#
he wa^ Alafitcr, op|keari to be aboot 500/. per
anil, and he owna he hnd, when lie wui ad-
mitted, a pNce ibr life of ^50/. p*^ antj. which
Cottin^ham, and whathai appean^d of | he after diapoced ot, Ue ^aye he wati wortti
ennet^ it will be no question at all, which
\ two (diould be believed*
the 10th Article, there if no cTtdence
lacxt Article ia the Itth. And the tub-
Tit if, *^ That in order to ad t once and
the illeg'al and corrupt giiin arisintf to
'20,000/. and hnd been KuOicient &titl, but (or
thelo»!«e« in 1720, which he own« were ool
kuowu to nae, n'lr generally t*n?pectetL
But, my iordd, these two gentlemen ar*
makiij|,' tt»eir ciiL-umitances mean, in order to
get buck ilie money they paid for their offices ;
winch they could noi do l»y llieir own oaiha,
, „„^^ . ^__j. ^„ . „„,. - direiilly for their own uses: and therefore they
from the sale and diflpusal of the otficef have thought fit to keep back so much of tha
Maatera of the Court of Chancery, to
DO of the truat repotted in tiie for the care
lotectton of the suitors, 1 did admit se^e-
prsona to the sjiid offices of Masters, who
Ttime of their admissions were of small
ttice and ability, very unfit to be trusted
lie p^ai sums of money and other effLCls
ksuitors lodg^ed in their hands.'*
p Masters are not by this Article charged
ihe warn of aov'^ other qualification whut-
ir, but that of estate : nor is there ihe
Uproof or pretence, that they were not in
Rer respects m^n of abilities eqimt to the
If) be dischargefl by them, honest and un*
jlionable in point of reputation ; but the
^objection to them is, that they wcrepcr-
r' a smalt
proof o» t this Article if thii :
fy have oroiluced three orders mode in
'nurt of Chancery in the tuonihs of J a-
" February last, whereby it appeared
\ Con way t Mf Ky nation, nod Mr,
et, (isd'not at that time brousht in all
that appearetl to be then in their
^on^'in^ to the suitors of the Court,
s their whole proof,
I ant < II t tret V at ft loss to know how this
■f prove, w hut ability they
-^ (if their res|>ecitve Btlmis-
I Itiiii they are not of aliility now to
e bidances, merely because on
tr day they had ni»t paid their
iices into cmirt.
if tbtre the leaat proof, that t hud %ny
' liuv[fect their ability when [ adioiiie'd
; Conway Itad an estate of bctweeti 4 and
II WAS represeoted to me as a
.ajice: now il»8l be come?i under
F Article, to swear it down, he owns that
sH estate of A or 500/, a-year, wrth
uf}On it worth S.iHKI/ and had likewise
lifTK* tn money m the fund";, to the value
wwi elleeiiifd « man of a fery
aad f uhftance* lit is tkt person
money of the suitors, when called np<in to
bring it in, that ^ the suitors may conqduiu i^
the Court of Chancery, and then their oathi
may be made use of, tor the suitors to found %
demand upon against their itredecessors.
Aud it is pretty remarkable, that their deB-
cicncies are neither more n^t less than th^
Bums they at first paid to their prcdeces^rSt
and to me, upon their being admitted to their
resptctive offices. In thiHi therefore, I appre«
bend your lor ^Ih hips will tbitik their oaths art
of very little tbIuc. It is hardly to be ima-
gined, that they should buve been so long in
their ofhces, and have just saved nothing, nor
wasted ; aud that they are not s single far*
thing cither richer or poorer.
But whatever your lordships* opinion, with
respect to that, may be, I own 1 cannot but
think, that there is something very extraordi*
nary in the attempt; t but these two men have
agreed with two IVIasters that were in possession
of two gm»d offices for life, to giveoDeof thetn
6,000/. the other T,500/» for their pluces ; and
nriw, that they are got into pnsxession, would
have the mone^r back, ond continue in tlie
plac€S too: that is, in short, they are tricking
those blasters out of iheir places, under pre>
tence of buying tbcm.
But whatever their behavionr or their ea-
tates may now be, they appeared to me perfont
of reputatiott and fortune, when they were
admittfd : and I do not ot^serve^ that Vhe Ar-
tide hath so much as suggested that 1 kn«iv
any tjiiog to the contrary.
One of the Malingers wondered that I
nhould let in persons of no tortune ; and he
solves it only by tbifi, llui they would giro
better prices.
That had been something, if the price bad
been given to n»e; but leaves it incredible,
that 1 should let in any, th^it I hrul the least
siiiipicion had no fortune x for the old Masters
to receive Cj,0O0/. and 7^Z>00L at the ^ama
time that tbcy renreaeot me acting upon Uie
view of burying the Masters, and having th^
whole* prica myself.
Wbofs I was to haft the ivbole prloe, ta4
10 GEORGE I.
1S95]
tbe umptation was greator, there if tM> pre-
tence I took in men *ii' no fortone. And is it
possible to tbink 1 would do it, where tbe Mhs-
tern were Ut have tbe price, and I so small a
|Ht)nortion ?
Ureat stress has been laul on comparing: the
•oniB in the Masters' hands, with their estates ;
hi order to shew their unfitness to be trusted
witli those sums.
How that proportion is to be adjusted, I own
I am a little at a loss. Here is a Master that
hns an office that brinffs in a considerable
profit, and is worth 5,0001. which cannot he
run away with : he has a handsome visible
cstute of 4 or 500/. a- year, and a good reputa-
tion. How much money may he be pro|)crly
trusted with ? I do not mean as a borrower,
who may be presumed in some want, of one
sort or other, hecauw he borrows : but as a
csHhier for the suitors.^ There are very few
bankers that have such a fortune to set up with.
And 1 do Bot see that any of those hankers,
that is a man of good reputation, and good
credit (though pei haps he has not a good for-
tune of his own) is thought the worse of by
those who deal H'ith him, because he is trusted
with very great sums, far more than he is
worth. The more he is entrusted with, the
more are his gains, and tbe safer all think
themselves that have money in his bands.
There is in tlie close of tliis Article another
charge. That " I did publicly in open court,
fidaely represent tbe Masters admitte^I by me,
as pemoDS of great fortunes, and in every
respect qualified for the trust reposed in them,
to the manifest deceit and injury of the suitors."
My tordii, as to that, I think nothing can
more plainly shew, than this Article, and what
has been said upon it, tbe forced constructions
put. upon what 1 do.
Mr. Waller proves, that in July 1723, 1 de-
clared in court, that the *' Masters were per-
sons of as good fortunes aud abilities as any
set of Masters had ever been before them."
Which is spoke of the whole bo«}y of Masters,
and not of those only who were admitted by
me. He says he was astonished at it. But
he has s^iven no reason why. ]f he knew any
thing, that any of them were not such as I
described them ; a little candour would have
made him beliere, that I was not rightly ap-
prized of tlieir characters ; and a little con-
cern for the honour of tlie Court, wherein he
was a practiser, would have made him set me
rigiii.
But. my lords, is there any reason assigned,
why I should think otherwise than 1 -^pokef
Mr. Lighlboun is exaroiue<l, to prove, that
be told me, some of them were suspicious :
but he does not say any ^uch thini^. All he
says is, that he took notice to me of Mr. Dor-
mer's misfortune, and told me, be knew not
how soon tbe like misfortune might happen to
others ; w hich might be, (ihoutf h they were
all sufficient) if the person, with whom they
should deposit effects, upon going into the
csountry, should fail.
Trial of the Earl qf Macdesfield^
[vm
But his expressioo n a little remaiUUc;
that he cannot Say be told me any of the Ho-
ters partictriarly were siHpicmus, ■* For heM
not know how far he mvght be liable ts n
action.*' An action? What! for one Mafer
in(prming the Chancellor of the circnmstsMa
of other Masters, in order to have proper en
taken ! Could' he fear it ! Who waa to be tk
witness ? What must be the ffrouiid oftbe k-
tion, if he told nothing bnt wnat wai trnef
But I think, he said he had not any ptrt-
cular grounds for his suspicion ; and he uji,
1 was unwilling to believe it of any of then.
Why? Because (as he says I told him) 1 hid
had very good characters of them, and tboe-
fore I hoped they were all good men.
It was not very kind, in that gentfeman, to
ca!l it an unwillingness to believe, there w
ground to suspect them; when I aadgned
some reasons, why I should not sospectthcfli;
and he gave me none, why I should.
So that here appears not any reason, wbvl
should believe otherwise than what Air. Wa&e
heard me say.
But to what end should I sa;^ it, if 1 fid Kl
l>eiieve it ? Or how were tlie anitors injured, «
deceived by my saying' so ? Mr. Waller w
not deceived. Was anjr body ebe deorired?
Or could any one be injured ? Bat they Ian
discovered a reason, why I said it : They ttj
that Mr. Pdlowes was just dead, and there w»
a Master's place then vacant : and tint 6ct
thej^ have proved. Bat can any thing be bmr
strained, than their infeienee from itf Did I
design, by saying these Maslera were oes if
fortunes and ability, to raise tbe price of ibt
vacancy ; or to tempt beggars to come ii.
that cared not what price uiey gave? Doo
not what was then done clear me of all tospi-
cion of that kind? Mr. Bide was the persat
then admitted, a gentleman of very gsid
estate, of very good character in Westmiaster-
hall, and 750/. more offered by anotbet; ite
was no beggar neither, refiised. And lAet
that, Mr. Thurston was admitted, prefersMy id
one that offered 6,000/. Is it possible, tbH I
should give better proof that i had not tbil
avaricious view iu it, that is suggested ?
It was observed by one of the geotlfna
that ooened the evidence, that this was upoai
remarkable occasiou, when the Master of thi
Rolls had made an order upon one oftbe
Masters, to make a suitor some compensili*
out of his own money in the blasters haDdi.
and I set it aside. And Mr. Waller liepa 10
tell something of the merits of the case. W
a very Ifamed and a viry judicious gentlenias.
one of the Managers, Has pleased to»av, IVT
did not di&pute the justice of my order : stf
is there any charge of such injustice io ibc
Articles.
The next Article is the istb, which «•
forth,
'' That whilst the said Thomas earl of M^*
elesfield executed the office of Lord CbaotcJ-
lor, as unjust and franduleat metfaud waifri^
«97]
Jar High Crimes and MUcUmeamrt.
A.D. 1725.
[1293
tised in lfa« Court of Cbanoery upon ihes^le of
offioet of Btaster» df \\w nam Court, uik) itpoi^
tli« ii(lnibflit>D of itew Mftstei's, thai the priceti
c»r siinM of money Sjgteed to be piiid tor the
|»UTcho*e of tUe sraid otEceu, and Ibr Oif aditiU-
ilnn It ■ '" " I ^janUnit nf the
tu<it»i^ [« 111 I he Coiiit
d«pi^iu M iii »..- .»-.». ^ <-. ..». kfs;it*ctive Mas*
ler«v^(i('r^04let ilii^ lht*n- offices, or d vin|^ ; nthcr
liy ^&V of rpLUtn*'^ "' l^^^* mirt'tcisp iti ihi* luiiirlh:
ef the Master
lliouev dUhiirseii ; i , ;i ^
sion ty ihe ^uccceriing- iVIaster, out oi tiie
tflonry tiott en»fit<* of the miitort comiog' into
'lifhaiid*; by which |iriir.iice the |iric#» «nd
jue v'l^Tfi Huo!! I he uale of the saJd otfii'^^s,
•nd *i'' t!iernato» duHtijf ih^lime afore-
said, i"y advanfed, and fpvcral per-
tUDS of ((luul I utility auiU<'^ i»c/>U'
rugged to contmrt tor the tju a
•ctofthet^sy nietl»o*i dc r the
i£i? ok lilt* same, by ii»eart irr^at
ieji have inctirred ifi ih ' -^*
MaMt-rs of ilie said Con
id Thomas earl of Maccii ..^.:, v. i,_:i
iey haye not he**!! ahle (o aiisu t-r and make
d ; aint i>lthft«.'h t\w said pfat'tice was or>.
trm(Mi (-, mid thr said Earl ifrus well
infdni r, ntid tuMy acqnauited lh«»re-
ith, y«t likv sij
order to inci^
Lin the *»-!:
R tiiera >
larl iif [Vlacclet*5e}d,
u unjiist ajid ci*rru|>t
id otiices uiu) the ad-
I eoii«(e4|uence of this
til and received by hirii
iHr tiuituri, for ii-hoin he
t lime, whi!si he
Chancel I ttr» uiie
,^.,i* I he NirtI abune,
; either by cAn?<irij*
I |irop«r i^-hriiuif ^tn ot the money anl^
•Aectji of the ^ t'red ofer and ifatis-
^^faml* or bv M|»j iiy (H^rsifft in bts be-
^^^^K|r 'f su|»er\iiMr the tran«fer« Of de*
P^^^BU- . or m any other m«Arter. But
' OtI the cuiiLrai^ » tlir said Thomas earl t>f IVIac-
cle«Held« unjuvtiy, exrrupily, and contrary tn
"lieduiy of biKMid office of Lord Chanceltor (to
Inborn llie ^up^ritlleud4^'ney ot the »>aid ^fasten}
of their aecimalii did ap|i€rtainj did suffer
> laid Irauduleut (iractice to imiceed and he
ed withoiit uny controo) nr eli. "
by jffeJii eTidK^zhuiieiiiii h^ve lieeo i
fr iuitorsj' mon^^y ""d eifects, lo their t;n-^..i
lo«j(, in the ofKeeif ol M'vera) of tiie MMtdt^r^ of
llie ^nu^ r'oiiii uiuif.n*. 1.4.1 >i.i>n nblf to an*
trust re*
rn him tor the (ire^ervation ot the estates
\'CtH of the Miitom; to ibtj dishonour and
iffdit of the aaid Court, ami to tiie ^v^aX In-
and ddfiaudini^ of the %aid tinitom in a
ui^ Civility, eitabliahod for their rcti^f ;md
loo,'*
My Iifdf, jQ support of thia Artiole, tivo of
Maslvrm^ Mr. Kynajktou and Mr. Thomait
!iini?t, haira aworn, that their iiredt^ctssaoiy
XV J.
4topi the nrteeof the placet out of the tuitori*
money, which was to be delivered over to
them : and that they |ra?e the g^reater price for
thtirpUr ■ us'e they found this an easier
wiyofp ' them* Indeed f must con-
fess» ibm I iifT to ttie niauuer of proceed-
injf of tli< r \\\'A ;4»ntle»neu, u will come out to
be an exct^edin^ easy way, which they bur*
difcof eiL^d : since, it they can prerail in thtir
j»i>>.rnr Htlempt, they will have paid no price at
Ucm ; they are to have their money
.^iiin, and not to be in the leant impove-
riabed by the transaction. But is there an?
pMof, thlit I iriis (>is the Article chatj^cs) we)t
informed ofjt ? Or that I knew any lbiti(( of it
at a)) i* N'lt in the lea&t, hut only upon the oath
of* Mr. Thotuas Bonnet, who swears^ that in a
conversation wi»h me about a treaty hettieea
him anil '' " ' .icki, I took notice of an ar-
ticle in i< 1, delivered in to the loi^ls of
the councijj v^iifriem heraeniioned f>,075/,of hii
cash to be in the hands of pemuus of ability,
fneaniafir, as he alter explained iijnihc tiaodsof
Mr. Hiccocks his* predecessor and myself; and
said, I wa* sorry for it, because it was discover-
mji the method of piiying* for their places out
of^the Court money^ which 1 had taken care
constantly to deoy,
Tlu« (siippuxiu^ my meaning to be what h#
wortJd hare) is surprizintf. He 6tty», that at
llie bi^innin^ uf this diKCourse 1 was so cau*
iious, that I would not speuk to him ab<»ui re-
tiiflitiijjf tb'^ money 1 had had, because proh^btjr
he«. ' 'i ' .UiutthatconreriiationiJi
an I he pretends that ill ih«
iMuii*- uuiiv* r*>iur")u i loUl him tbiR. But doet
einn he pretend, ttiat 1 ever knew thiii, whicli
I had taken care lo deny ? And waa ihiii a Itme
ta telf him of it, when tie aays, I expected h^
mi^lit probably be examioed about hiii confer*
sation with tiie?
But I believe your lordships will not gt?c
him the least credits \n this or any tbioj^ else
that a/fects mc» I bojf leave to remind your
i6rd>*hlps th^t 1 a«»ked him whether he did nut
then tetl tne, that, if Mr. Hiccocks vtotild ^\\9
him 3,000/. he woMbI pay the rent of the money
(which %va« to shew that he waj» worth at x\\$
least all but that !i,uOC)/.) He dented it. Afy
brd«(i I then told your lord*thip$ I could not
'prove him in that, for I cannot be a wttne^a
myself. Tlierefoie I asked him to unotber
...,, .r ..I,,.....:.. ,r »,.. ,i,.,t ,,,,f t,A\ «
No.
iitb^ 1
liim, if
,.: . .- , lie posi-
He aaid there waji Aucb a re-
At lust he did
own that he hnd .«aid, that "if Mr, Htccookf
woulo repay 9,000/. he would Mand it, or run
tl)e bastard, but never told any body he would
pity the lettt; he wa^ not able. But Mr. lloU
lord swears, thnt Mr, ThomwH Beimrl seril ft
tlMl.
hclu.
lively «aid,
port, but he denied the thing.
iiKitf»4|»e by low to j\|r
Hlr. ■ ' ^ ■ •
chin
to pwy IT'"' n ^T, !um1
HiffockJi, titut tf Mf.
.r he wo old dll*
iiut^ and tuke cars
vtd that 31 r. Bru*
not wai «bfe to pay it, ^r he vr<»u Id u%\ \%i%*
4U
10 GEORGE L
Trkil 'if the Earl of yfacd^^t/iM,
[ISN
I
i
carried ilie iiiessaj*^. And another geotlemati
iwearVf tliat he suiil he tvould make U irp, and
a thinl, that he couUl or would pai^ it. bo that
he »Uods cooLradicted in this particular, ^rbicli
I apprehend U material^ t>y three witaessev.
As to the metliod of payment mentioned in
ihm Article, it is stated to he^ that the ** price of
Cbe oftice waa aatisfied out of the effects of the
suitoi^, either by way of the retainer of the pm-
cha'ie inouey in' the hands of the Master sur-
tendering, or of replacing^ the money disbursed
for sof^h purchase hy the succeed inu^ Ma&ter,
out of the money and effects of the suitors com>
itig to his hands :*' and the methods suggested
for preventing til is. art', " causing proper scbe-
dules lo be taken of the money and effects de-
livered over, or appointing persons to iospector
•upervise the deliveries ; but I took not these
measures, nor any others^.**
My lords, the method of paying by retainer
coaUi only be upon surrenders. And why should
I there assist to raise the price ? Why assist to
gpet a higher price tor one, whom I was to have
no more to do with, only to hiive a poorer mau
come in, that miL:hl bring disjj^ace upon the
Co I lit and upon me ?
As for tile othet* method, the replacing; the
money (^id, that is, as [ understancj it, borrow-
ing tlie money to make payment, and then
wWn the effects are transferred, discharg'itig'
the debt f)ut of them : How was that to be hin*
dered ? Not by schedules, and seeing the ef*
fects ddirered orer. The delivery of the ef-
fects is necessary to put that method in prac^
tice* &n«) is f^f from hindering it.
But is this delirery over of the effects so very
material ? Mr. Meller did not deliver over the
effects to Mr. Borrct for some time : had they
beeu still in his handSf had it been the worse
for the suitors ? Whatever a I^Iaster does not
ileliver over, he continues responsible for, and
the suitors have the same security for them, as
they had before. Hiccockft and Rogers did
tiot dehver owr the effects, but stopt part for
paymeot ; the consequence is, that they are
compelled lo bring them in. Hud schedules
t>een made, and the effects delivered over» and
io Kynaiiou nod Bennet been forced to purkue
the other tnelbud, the suitors bad not bad either
BiCLOcks or Rogers at stake.
Indeed 1 never apprehended it necessary for
me to see the orders for transfers oWy^'d,
any more than any other orders of the Coutt.
I I IS tlie mtrrest of the new Master to call for
the i fftcis, mid of the old one to have a regular
discluirge, which 1 do not see how he can have,
^viiboui an i oven lory of the particiibrs, ami a
receipt II I Kifi it; wliich is what 1 understand
to be A ichednle, though it be never filed;
though I ttpprehuid the word schedule is taken
ui a differeot sense in the report to the council.
Ami lim I did Mieiri' the iutetest of the parties
had made tium do. Nor !ms it yet been sbewn^
ihul it wua ruy duty lo look utter these traut-
fers. By ubiit taw^ hy what ebtublished prac-
tice, where doe-^ it ajipeor, that a chancellor iea
hitm4 IQ Htm such 8ciiediif«N aiad«| md the ef-
fects transferred f If it Jw liit il0l|,
doubt there it iooae me^hod^ by nHbcli it mtr
appear he has discliari^ed it, in case* whovJr
has done so. But is there evef- any entry mair/
it T Are the sche^lules fil«d tritli any attjcstalai
that the eftVcis were actual ty ilehvereft orirt
presence of persons appoiDtetl by UieLonlCtei
cellor? The effects m Mr. Holford*s case %ft
delivered over, 1 think, tbe tlay of his lim^
tance, iu Mr. Lovibond's in about a mttk, a
Mr. Bennet's in a short time ; whrther is p>
seoce of ms^jeclors, appoiutctl fur ibit pN
pose, or not, has not appeared. Vet, my )«i^
the question is not nowr, whether it be viv
and better to haveschedules pre|i«ret] aw) flH
and for a Lord Chancellor to giire ordentoai
it doue: But whether it be Lis iluty,ioli
it is a a'ime not to see it dune f If the torn
desire to have schedules filed » tn ordef UW
the better able to know how ruucb ibt if*
Master is charged with ; it is tbeir |NMt topon^
£iud make application ; and upon nnrh ifffci
tioQ, it IS the Chancellor's part to unftkc ffnfi
orderi ; which they agam are to take caif H
draw up, to enter, to prosecute, mod ace en*
cured. And as to my desire, mid mteniimif u
increase my own unjust gaiu ; which ii i«
give the tiucture of guilt to \}--- , - ' makfj
criminal; can it l*e ooDceiv I, tli*
take tiot advantage of a liighc i^..^,., wUfi 1
may have it, should, in order to raise the |rio^
Infuse to check a practice which the llf»MI
are supposed to make use of, to ihe pn^uAel
of the suitors^ and only for their own g9Ukf
The 13tb, lith, t^th, 16tb^ aod I7llll^
tides all relate to Dormer's affiur ; sad Cis*
tain several supposed stralagetns to oooceil hm
deficiency : ait tbuuded upon tlie ssjiie fitv,
and to prevent the gain upoa sale of vAem
from being lessened. Without that visv U
gain, I do not see any thing in these Arncla
that is criminal. Aud therefore, if, in y«ir
lordships* judgment, I sbaU staiid aoquatlsi d
that, upon a full examinatioii how ray biflf
stood affected in that particolar^ I ihiak all
must fall to the ground.
As to the 13lh Article parii
forth, ** That from an appi
public discovery of Dormer's dettciency nug^v
lessen the uniust gain I proposed to mskt ta
myself by seUing and dispqping the offices «f
Masters, I neglected and declined either to i
cure bis persou or estates, or to mak^* a pi
eoi|uiry into the deBciectcy ; hut endeavoa
by many indirect practices to r ' iioml
Kuitors the true state and coofli
as well with respect to h» effect-^ ^ u?i lo h^^
to the suitors.'^ Aud ihe latter |iarf of Ait
Article says, " That uj>on motion ntade inl' '
Court of Chancery (alter I knew Dortner 1
absconded) to hare the etfects of aouie of I
suitors transferred to another Bf osier for I
securing them« I, to delude the suitors tnf[
lief that the effects were safe,
vent a public enquiry, there b
ties nei^d not be iti baale, that Uoitttvr wlSt
1301]
far High Crimes and Misdemeanon.
A. D. 1725.
[ISO* J
fOD« to take the Air in the country, that he
wotiUI return in a little time, and all would be
(ell,"
I As to this latter part, they ha? e not so much
I examined a wittier to" prove it: So that
tint evidence has Wen uifered upon thi^ Ar-
ticle, amotinuintrutti to no more» than a prwif
of Dormer's bem^ deficient. But as to any
^ideaTour of mine lo conceal the ^late of that
tflfair^ or any refuiai or neglect to do my duty,
there ta no proof.
It appears, that he went off in Novemljer
1790, that Ilia clerk and his Her7antSf by his
order, jjare out, that he wm only gone into
the c^mntry for a whde. But he was ^tme into
Holland for fear of a gaoL I knew nothinjir
Wti^ till afler Chriatmaa, and then all tite steps
H^c taken that were thougrl^t most likely to
^|M a^ much af poasible for the suitora. Hih
Cbtmbera t^ere searched by sume of the
y and directions were i^iven to stop the
log his effecia in the public funds,
wat carriei( on so far, tbnt be vtas
|»ped of all, and with tears begged, that ap-
ntion lihould be made to me, for 8ome al*
out of it for his i&ubfiistence ; which
CotUn^ham refused, because the estate fell
tbort, and he knew 1 could not order him the
inooey of other ]>eople. And it is not now pre-
tenileo, that any thing wasi not discovered by
bitD, but only a parcel of hops ; and that
fitaifijy was not concealed fraudutenlly ; for he
made no advantage of it \ the hops are UDfold
to this day.
But, the charge of concealing Dormer's af-
t* behig the foundation of so many Artie I es^
o roe leare here to say something of it,
Itgh they have made no proofs of it, or of
Ifae other f^cti in this Article/
My lonls, he going away in Noveml»er, and
never appearing more in court, or in \\\u office,
Iml moot her put into his place in May ; it is
IPIpOWble his failing was, or could be, kept a
tecret. Must not all the suitors, wbo had mo-
ney in his bands, know that he was goneP
^or my own part, I never imagined tt was a
Bferet, And aa they, and their agenta, could
HKl but know what was doing ; had tbey not
lirea aatisfied that the Court was lakiitg the
licst liteasures to makeup the deficiency, would
ty not hdve made apphcJition tor some relief?
iltd believe the Maiiters would make it good ;
C' ' » swears he told me so from
n : 1 dors nt»t now rightly remero-
I answered not at first very
It were before, or after No-
vlien the second letter about
wrote. lint of nccetsity it
K.r.Mv.. i>ir, Edward* say«,
I vvmild be made up,
\mf\if made Matter,
iy Xl'll ; and it is not pretend-
s>i any thou({ht, that it sliould
iiher way, btil bv tbe Mnstfrs,
•-. too, iomr of tfie Masters told
- 1 p ; he do«s not remember
^ should be made up; but
I think he saya, bethought, I betiev^e the thin
appaks, it could be by nolxxly pise but th ,
Masters. And even yir. Lit(hilH)un^s If iter iif
17S'2, takes notice of it as a tiling always
tmder deliberation, how the Masters §houl4
make it up ; and that he differed from the re
ouly in the manner; and insisting that at th
same time care should be lakin, tb nl the likt* ac
cident might not huppen niifuin, ami they be <
posed to another corilribulion. It i waA
credulous in believin^^ tbifi, Rure it is no crime.
And I am apt to think, yotir lord»hi|is will be of
opinion that the suitors believe<J tUe snme, or
those, whose money lav so that it mi^ht pro-
bably cODtinue some years, would have applied
to hare ao accoiiut taken, and that their pro-
portion Bbould be reserved. But nothing of
that kind was done by them. Afterwards there
breaks out a dispute between the Masters, and
the Master of tbe Il<dls ; thereupon I^lr Ltght-
boun informs your lordships, that many ordera
were made in prejudice of ibe Muster* In other
branches of tbeir ofticej the laogoage of
the court varied (as he expres^urs it) in oiders;
and the money put into another channel ;
wherf^by they lost not only any ailvuntago
that might be made of the inoney, but many
fees and perquisites that aro^e thereupon, and
in the other branches of thei|giffice. Had not
this hapnened orshouldit be cured,! am pejf-
suaded that Dormer^s delicieocy would all bit
made good. Contrary measures may pre*
Teuiit,
There was some little reflection made upou
that part of the evideuce, which relati^d to tbe
Diesffage I first sent to the Bank ; and also for
that the order, which was alVerwards sent, and
a copy of it read, was uever eutered vuth tbo
Reijister.
But your lordships have had an account that
the effect of my message to the Bank (thougli
there was no formal order miide) wus, that a
memorandum was entered in their lio<»ks, that
no trani^ler should lie made without lenTp from
the Court of Directors, or Couit ol Chan-
cery, which had the desired effect. But it is
true 1 made no fonnal order, t^CAuse 1 did not
apprehend, th»t I had authority to hinder thetn
frf»m permitting (tim to transfer, by an order of
Court to be entered in a cnuse, wherein they
were no parties. And that which was sent
after, was only to deliver them from the re-
straint they, it seems, looked upon themselrrt
to be under, by that message j and to answer
the entry in their book.
Atjd as to its not being entered ; 1 mm^l like-
wise observe, thai even the directional sent in
November la«it to the Mnstcm by ii<h ice of the
committer -'*"— i.v'il, for prepminc;: nnd bring*
ingin th'^ s, were nevrr rhicn-d ; and
yet thts f^L . M. ; will not iutsiy-fiU', that that
could be with a design to hure it kept se-
cret ; l)ut the true and only reason of il wh<i,
thitt us are not m^estnarvi but in ad-
ve»* « ttr unless there be 04-ra«iion to en*
force tbe «*)t4 i utiou of such orders by the pro*
cess of the Court.
{
4
I
ISOSJ
10 GEORGE I.
Trial of ike Earl ofMaede^ield^
[1901
But they charge and ar|^, although they
have pro? ed nothing, that 1 ha? e neglected my
duty.
My lords, it is proved that 1 did a great deal
more than they have proved to be my daty.
^od irhat did 1 omit?
Obj. I did not (say thev) secure his person.
Resi). My lords, was that a crime? He was
hi Holland out of my reach. When became
into England, it was to deliver up all he had to
the suitors, and on promise of liberty.
But if I had, would that have been of ose to
the suitors ?
Obj. 1 issued no sequestration to seize his
estate.
Resp. The estate was got without one, which
is much better. The most usual allowance
upon a sequestration, is 6s, Sd. a day to every
one of the sequestrators that are employed to
put it in execution, which would soon have eat
np great part of the estate. And I i\o not know
thai the sequestrators would have found out the
poor parcel of bo|i8, which is all that was not
ffot then ; and it was not embezzled, but has
been brought in now witho«it the help of a se-
questration.
bbj. I did not examine him upon iuter-
rogatorics.
liesp. I ordered Cottingham to uropose to
the Masters, whether they would nave one;
and they thought he would make a fair disco-
▼ery witliout, and were afraid lest that appear-
ance of distruiit and hardship might drive him
away again, but if they sbfuild find it requisite,
they would apply. "No application was ever
made to me to have it, nor does there any frau-
dulent concealment apjiear, nor any thmg di-
verted from the satisfaction of the suitors. And
if he made a fair and honest discovery of all,
what imports it, whether he were sworn, or not
sworn to it ?
But I would beg leave to ask, why should I
neglect what was prosier ?
The reason they assign is, that if I bad done
these things, it would have made a noise, and
brought the matter out.
My lords, what could make a greater noise,
than that a Master in Chancery a&onded, and
no money was received or paid, nor businesa
done in his office from November to May, and
then another put in his place.
One of the geotlemeu expresses his astonish-
ment, how it could enter mto my heiirt, tha(
this could alwaj's be cnncealecf, or that so
ghastly a wound could ever heal of itself, with-
out the appli< ation of proper remedies.
My lords, it is yet more astonishing that it
•hould enter into my heart to endeavour to con-
ceal it, for those reasons which he supposes I
bad in view. And 1 should have thought the
arguments that raised his wonder at my iiaving
done so, strong arguments that 1 never did it ;
and indeed it » impossible I should endeavour
or ho|i« to conceal that, which 1 knew was so
m^ortous and publicly known. Nor was I
witliout eodeavaun towards heaiuig th# wound s
some of those endeavonra are attenpled aow ts
be made part of my crime.
The Uth Article lui^geits, «« Tbat the sail
Fleetwood Dormer bavioff towards satisGKtiM
of the suitors of the aaid Court, assigned a
Henry Edwards, esq. f who aucceeded hiai is
his office of Master of the aaid Court of Chai-
eery) a debt of S4i046/. 4s. or aome otiier gnU
sum due from William Wilsoo, a banker, tt
the said Fleetwood Dormer, to the iotcut Ihit
the money received on Uie aivionnl ihcssof,
sliookl be applied and disposed of as the Mil
Court ofChancery should or^r and direct, tbt
said Thomas earl of Macdeafiehl, whilst hi
continued Lord Chancellor of Great BMa,
for the unJawiui purposes aforeaaid, without !••
Erd to the interest of the auitora, by cokrar if
\ office, did, in an unwarrantable, elands*
tine, and unusual manner, aothoriza, dirte^
and eatablisb,a precarious and trifliog' fionps-
aijtioa with the said William Wilaoo, upoa thi
terras of the said William Wilson's paymg ths
sum of 1,463/. 9«. Id. and aasigning tOjWL
part of a debt of fi^peoL 13s. M. ftreteaddl W
be due to thes^id IVilliam Wilson frum Bd^aiii
Fruiter, or to that effect, in discharge of thi
v^i<l debt: and to tbatan^, u|mn tha lapsftif
Juhn Hiccmckf , esq. then one of the Hasten if
tbf^ ^aiil Court, without any attendance ordsiii
w Lutd thereupon, and without notice to theini
auitora, did, by f private order not made in flfff
Qourtf order the said flenry £dwanls to 9^
cept of the said composition, in full diacliaifi
of the said debt, which said Edward Fodiw
was a person insolvent, and haa since abwindU
for debt, and none, or a very small part ot tht
said 10,000/. has been, or is very lively to bt
received."
This Article your lordships ohserra reklH
singly to the composition with W^ilson, wbick
is charged to be authorized by me to the la-
lawful purposes aforesaid, that is, to oobcmI
Dormer's deficiency, and keep up the priccsflf
the officea.
SSup|>ose this transaction bad been poblie,
nay suopose Wilson bad been openly sued for
this debt ; would that have fallen ihe priee if
offices, f>r discovered Dormer's deficiency ? If
his absconding and assig.'iing his place to Mr,
Edwards did not discover it ; would the naof
of his as9i(f nin(( this debt to Mr. Edw ards hsff
discovered it ? W hat end then could the pri? icf
of this transaction serve ?
But though it does not answer the pnrpow
that is charged ; yet it is insisted upon to kt
prejudicial to the suitors, and giving op a gnd
Sart of the money due to them from n ilaon, aai
one in a clandestine nuinner, and vrithodt
their knowledge.
What proof theu is there, that this oompod*
tion was prejudicial to the auitora ? A small aai
it is indeed, but tor a desperate debt ; aqd whrt
proof is there that they could have bad a bctwri
or that it had been better fo have had aoaer
|t is said, that Wilson pfid tn «opa if li
eraditoiB their whole dabia.
8
IS05]
Jbr High Crhnei and Mhdaneamn*
A.D. 1725.
[IS06
It IS Uut Uial wftB flftidt hat it bfts DOt bem
^Boveil. ir it had been pit»r(Kl, Arnl the dr-
^buMttinces ilieoriif probably it wauU have »[»-
^PNtreiJ, that be baii a iMurttoyUr ^icw In pay iiig^
ihime tbcif wtiol# dabis, •n«l tt iiiiglit Ue tiiore
bencficin) ta him to dtj ao, ar><1 ket^p Xhtm bit
AiruiU ; thnn if be liod paid thriu only n part,
u be ilid to lijs other orediiora.
And Nfuall &b the stim is, my itorde^ give
me lesive t4» nay, it bad never l>e«o got in tor
the benetit o( the luitors, if Uii^ compoiiitioii
htd nrK been made. So that 2,4(Sd/. has been
got for ihi§ oreititors, ihoug^h no more sbtiiild be
rei^ovcreil fiom Foulteit tlinn the 1,000/* ah
teady gi>t fram bim ; nliere ooltiin^ bad else
hma bftd, for what appears.
O^* Bui Fuulter waa initufHcient^ and the
Aium^gu^ii frotu bim worlh uothin;^*
Reap. Ai to PouUir's circurosUinfes at that
lime: Home |>crsons have been called, who
hft?»* pn>VHl (it if true) that he wua iofiulBcient
at that tim<'. and could not pay more tl»an 3 or
4,000L ; but the same witn«M»e8 |five an ac-
count* that hii ill circytnatancea were fheti
known but to four or ^ye per«ona of hia ao-
qutinianoe, and that by all other people, who
had any knowledge? of hiuk m \\m\ Umr, he M^ag
tooked upon to be very AutHciiut ; be had \t(i
«»ff hia buHineaa upon bavin^r raised an estate ;
he WW of ^ood reputAtiuii : he livtfd at Hackney
ill a bonne makini; a geod apfieoj-ance^ with
gttod foi nituret mid » ^reat quaniity ol plate,
till the lAst^ till the tin^e of bi^ being ptit in
prijfon, which was not till laat year, that be
■urffiidcred himaelf in dischargee of hia ImiL
But ffuppoae he was not aufiicient, bow doe*
that iiffirt mt ; [ w«i not obh^eeii to concern
piyseir with it, and left the composition lo the
minagecneot of the !^Iaiiers; ihey made itt
Jiyinfthad awoni an atlidavit in wriiin^, of bia
^^^^■taticea, and Uiia waa ma much as he
HB^P^y to tbeiuitorar Mr. Hic-cotkit a i^en-
tlemao of very ^ood rrputiition, was the Ulaater^
be bctn^ then aeuior Master, to whom I r«-
ferrtfd the cotMrdetMtion of il, according to th^
coaneof ibeCouit; he w^a ntmu hia ontk in
what be acted therrin, &nd maide liia report,
tbtt he was of opinion this couipositiofi would
be for tlie advantatfe of thoae to whom the
mooey wat to be paid. And upon that I
gronnded the order.
OhL But the suilora bod no notice to db-
gplpit.
^■Kef p. Ttie con^^qurntre of that in only, that
^K. Edwurda bein^ I heir tri*al«e, ai*d VVitaon
^■owin^ iti whjitt'Ter auM be du»e between
Hbin WMuld not bind ibe ttuitorm, if it were any
' tVM delritnenuU to ibein : l*herefi>re tkey have
thenrnpHt of all that has been «(ot in upon it^ and
la right to eni^uire iat<^ the Irne
♦ * of Mr. VViJaoo, aa4l t« recoter^
m |irutHirltuo wttb Ima otiief crvilitors, any
SA^^eta pa ahall apf<v i» bAre uolairly oen •
ted.
Jpon ibe whobe of thia malter, caotd the
U9f, Of I, have any indirect end lo acrve,
mng Wilaou to com pound at ma tindef
rale ? (t ia not preietided I knew htm, or eould
intend him a favour. >V hy then ahould 1 da-
ai^nedly It^^Keu Uortucf's fuml, whicii waa be*
lore detictent, and which I weis endcnvoudn^ tf
mftke np?
01>j. But it is aaidp that thia waa by my i
reciion.
R«ip. Suppose it were; they have i
proves) any tnnig^ to induce a suspicion that it
was not perfectly innocent, nay^ beneficial to
hia suitors, or probable to be so.
But the proof i« ontv, that Mf. Edwarda
spctke to me about ir, and asked me, if he mii^ht
cum|Hiund it of himself. 1 thought not : But
Mr. Hiccocks having anerwurds informt^^d bioi
that it was uitual to do thio<;fg of that kiud upon
a report grounded on the p^irty's oath, and an
order founded thereon ; he proposed that method
nnd I thou^bt it might be ao done. Aod ht
did it.
But whether thia waa prudent or imprndent ;
where in the crime ? This tended nothing to
conceal Dormer's aflairs: he waaknoun to be
broke ; and Wilson's debt was esteemed de^
s|ierate. There wai» no other view, nor could
be, hut to ifet somewhat towiinls Dormer's de-
ficiency, nm\ nobody is at all hurt by it.
Ohj. But this was tinusuaK
Rc*p« In what?
Obj. No day was appointed to hear couoial
upon it,
Resp. My lords, there waa uo occasioo for
counsel ; there was not hi tig tor counael to be
begird to ; there was nothing' for them to arf^ne.
The ordor Is in direct purv^uance of th^ rrport.
Indeeti^ upon carelessly reading the Article;
one would imat^ine the charge to be, that tt»ia
was an order made upon Mr. Ednnnb^ without
givrini^ him notice, or hearing counsel for him.
And that i«nuld be very uuusuul and unjust; if
it Were not th^it tt ia oidarod ypoo fata own pe*
tition, and at hi«t own reqoeat.
Your lordnhipa v«iK likewice obaenre, that
thia was the 3d i^' August, atkr tbe seals were
o¥«r ; ami if 1 moat have appointed it !•> come
an, U|>on a public day (not to have it concealed)
it minit have wakeil till OcUiher; and by that
time WilnoiH and bis effects, might probahfy
have b»»«(n gooe^ and the opportunity oi getting
any tbin^ (ost.
As to aoma few iitw obaerratioiia made ummi
reailing theaa proetadbyi, 1 ••« Ml ko«v ifcaj
tend to ^ove any ortme looie.
Ohf. Thryarenatftled*
rteitp. That ia not my aifair. And if tboy
are iirver Hied, tliey will affect nobody, and
cannot poaaibly do l»arm.
Obj. Some lioea or words appeared rased
tmii which import lliat Mr» Edwanls sbouM
bo iodaniMfiod.
Reao. H fae actod fairly iif this mailer, \m
would lie indemniht:d, Uiough these words w«m
not ; aod il he did not, they ought aot lo bo ia.
ill abort, here is oot ilia ieaat eviilaoea, biil
that Ibis oampoiklioo ipia made with a t itw to
if iBOch aa cootd bo for ibe auitora, out of
dfibi; tb«r» boobody biisl by tt;
1307]
10 GEORGE I.
Trial of the Earl of Macdetfiddp, [1906
mod if it be not of advantage to the luiton, they
nay avoid it.
The 16, 16, and 17th Articles were opened
together : But one gentleman spoke more par-
ticalariy to the 17th, as being of a different
nature from the others ; and therefore I will
•peak to it separate! v.
The principal subjects of the 15th and 16th
Articles are 4,500/. raised by the Masters,
«nd 1,000/. by myself, towards Dormer's de-
ficiency.
In the last Article 1 spoke to, the crime was,
lessening Dormer's effects by a trifling com-
position ; in these, increasing them 5,500/. is a
crime.
At first sight, one wouldt hink this commend-
able ; but, by 1 know not what fatality, every
thing grows criminal by my haying any concern
in it. My intention infects all. It is said that
I intended by it to carry on my corrupt pur-
poses, that isy as one of the gentlemen e:qplained
It, to conceal Dormer's deficiency.
But all that appears upon the proofs offered
relating to my intentjon is, that here was a
Strong desire to make good Dormer's defi-
ciency ; and that way of concealing it is surely
not blamable.
But then as to the 4,500/. it is said, that I in-
duced the Masters to pay it by colour of my
authority.
How IS this proved ?
Mr. Conway produces, and proves, the re-
ceipt he had ^ven him by Mr Edwards for
500/. Tolnntanly contributed by him towards
Mr. Dormer's ^ficiency ; and says, that be
bad promised it in February, and paid it ac-
cordingly in August
Mr. Edwards says, that in 1721 be received
500/. a piece from all the Masters, but Mr.
Lightboun.
Mr. Lightboun says, that when Mr. Getting -
ham spoke to him of it in February 1720, he
told him, all the other Masters had agreed to
it ; but Mr. Liehtboun refused it : that 1
never spoke to him of it till January 1722,
which was near two years afler ; that then I
was so far from makiog use of my authority,
that when he asked me, whether it was my
proposal or the Masters' ; upon its being said, it
came from the two senior Masters, he took
occasion to sneak more freely against it; and
though I used some arguments with him, yet
he says 1 left him to his own inclinations.
My lords, these are their proofs. But they
are to be helpt out by some constructions.
Obj. It is said, that the letter which 1 caused
to be sent in February 1720, to require them to
S've in their accounts, was in order to terrify
era to come into a composition : for it is said,
when that bad its effect, and the money was
paid, they were not obliged to bring in their
mceounts.
Resp. This then, I suppose, is that ook>ar of
•otbonty by which (acoonling to the charge in
this Article^ I induced them to contribute.
But in the first place, I beseech your lord-
ibipt to ctDndar, whethir it oui be thooght.
that any of the Masters wmikl pay 500/. rather
than let me know what was in his handi;
which was all the consequence of my hariif
an account ? If it cannot ; why should it k;
without the least proof, imagiDed, that 1 sboM
expect it?
In the second place, I must beg leave Iso^
serve, that tbe Masters beat know, what eftct
that letter had upon them, and what was tk
motive of their advancing that money; bat
none of them have sworn, that they were in iW
least induced to pay the money by the fesr cf
that letter, or by the apprehension of bas;
forced to give in their accounts if they did M
comply. Nor do the circumstances sbewiL
For Mr. Conway came in but that in Febraifj,
and had but little money in his hands, aad i
very short account to make. Mr. Kynsrtn
and Mr. The. Bonnet, who are now defidol,
were not then Masters. Mr. Holford bad pi
an account ready, yet he paid. Mr. Lighlbsa
gave in no account, and yet he did not nay.
So that upon a view of the evidence, bcfeif i
good action done, very beneficial to the suitoii;
and no iodirect practice to brin^ it aliost.
And therefore the charge not being prsni
1 am, according to my general plea, nocgiil^
of the matters containedin this Article, orv^
of them, in manner and form as they are thcifa
charged against me. And there is no oca '
to make out what I havestatetl in my Ant
to have made this matter more clear, in
they had given occasion, by -havini^
evidence to maintain their Charge.
However I have shewn m second leNv,
written by my order, in November ibiloinifi
requiring thoiie accounts with more eamcstaw.
Mr. Cottingbam prmluces the draught of ili
and though he will not swear positively that kt
delivered or sent it, becaiuw he does not fisi
any memorandum of it; be verily believMbs
did, and has not the least ground to auspcdtli
contrary. '
Your lonlships will observe, how very ps^
ticular the account was directed to be.
The first letter was wrote the 14th of Fdet-
ary, 1720. Your lordships will give me Icsis
to read the copy kept of it.
Headt : " February 14, 1790.
" I am commanded by my lord to signify (•
yon, tliat you do, withaU convenient speed, by
before his lordship an account in several cs*
lumns;
« 1. Of the cause.
*< 2. Solicitor, or Agent
•< 3. The date of the Order.
*< 4. For what purpose the money m*
brought in.
<* 5. How much was brought in.
" 6. When.
<< 7. How much in hand.
" 8. How much on secnrities*
** 9. How much paid out.
A distinct Aocoimt of Soemik^s.
•• 1. Cause.
WWJ
Jot High Crimet artd Mitdemeanors.
A. D. 1725.
[1310
** 3« From wliom Ibe Bccurity m Uken,
♦• 3, Wliat llie security i»,
** 4* ]j^ ivlmse naine taken.
~ ^ 5. Fur licjiv iiiiicb cftcU security.
> 6. 'Ibe tolal ctf tbe several Becurities.
■ 7. lo uhuse tianJif lodj^ed.
A iliatiDCt Accotioi of Mouey paid out,
1. Cause.
}* 7. By wbat order, or \vbal date.
** 3. VVbeu iinid.
f*' 4. To wbom."
I Tlie second letter is dated tliG 7tli Not. 1731 ;
h in these i^ ortls :
[Reads.}
*' By my letter of ibe 14th of Febnimry last,
I aigiulied to you my Lord Chancellor's plea-
sure, which iva», that you should, witb alt con-
veoienl speed, lay your account hefore his lord-
ship, the nietl»mj w hereof ^us to be iu several
columns, subscribed at the foot of that letter.
i am Don farther to acquaint yuu^ that his lord-
ship is very niucb suqirised to find, that in all
thla time uo such account bath been laid be*
fore bifi) ; and therefore hatb comnnanded nne
to tell yoUf that it is expected to be delivered on
er before the last day of this term ; and if this
ig not complied with, you vi^ill oblige his lord-
ship (though very unwillingly )io think of other
measures^ which l doubt not but you wilt avoid,
hy a ready compUaace with what is a second
time rcc|uire<d of you. And to the end there
m^y be no mistake as to the method of your
accountin;^, i have subscribed it again at the
■|st of tbiti letter.'^
KAnd Mr. Cottingham explains what be ap-
^prebends was meant by that |iassage of other
' measures, that I would make an order in form ;
' that is, Qu order of court tu be entered with the
' lie^iBler. He tells your lordships what repre*
'' leptations they madeof tbedifliculties of draw*
'^ llftg up {iuch accounts r And 1 did not after-
Vsrds insist upon them. And your lordships
' will be pleased to observe, that tlie letter sent by
' ne, in form of an order, in November last, by
' adtjc^ of the lords of the council, was for an
' sccouut Diuch in the same manner. The words
sne these:
fRetidt,^ " Dated 3d Not. 1734.
' ** Let tlie sereral Masters of the High Court
' of Cbttucery forthi* ilh prepare and delifer to
me a jierfcct account of the money in their
bauds, therein distinguif^hing in several columns,
•* The names of the parties to the cause.
** Money or secunties.
•* The dates of the orders for txinging in*
•* The time of bringing in each sum,
^' Particiitnrly eirpressing the sums Iraus-
£erred and paid to them at their coming into
tlieir ofBces, in the tirst place.
** Haw the same hatb heru disposed,
«* When and by wliaioider.
" What ?jums paid out, and to whom,
* *Wbat iinested lu icguritiet^,
«* ^pecifyipg the Securities by 0ates» Nun-
bert, ^cc
** Where the securities are at present,
«( What money remains in their hands^
*^ Where the same now ii.''
Mr, llolford tells your lonUhtps, that ano-
ther account was carried in by my order, in-
stead of one so particular ; for that an account
drawn up in that manner, would have taken up
several months : and in February, 17 '2 1 or 173^
it must have taken up many more j because
there were then Masters, %vho bad been much
longer in their offices than Mr. Hoi lord the
now senior Master had in November last been
in his: and those accounts must have gone
through their whole lime. And if your brd*
ships will be pleased to look upon the Report
on the table, it will appear, that the judges
and directors reported, that no regular accounts
could be taken, unless they were brought dowa
from the beginning of the time that each Mas*
ter had been in his ofBce ; and yet the lorda
never insitited on any such accounts afterwards^
(though I bad made an order for them by ttieir
advice) nor the lords eommtssioners since;
which, what is it, but falling into the same sen-
timents that 1 had done betore ? The requiring
the dates of the orders on which money was
paid, and the solicitors* names (which I found
not one of the Masters was able to give me) was
intended by me, that I mis^ht be able to make
some examination into the truth of the accounts
that should be given in. Atid for want of Ibat^
your lordships know what methods the lor^i
commissioners have been forced to take, to
have the accounts of the several Masters print*
ed and published, and dispersed ttironghout
England at a public expence, that people majr
come in voluntarily to make a surcharge. And
yet it is well know^, that the preparing the pre-
sent accounts, short as they are, contain iag
only the balances of securities and cash, which
the Ma&ttrs owned to be then in their hands in
each cause, so took up tlieir times, that the bu-
siness of the Court before them stood still for
some time, and their attendance in Court was
dispensed with. No wonder then if 1 did not
insist on these accounts, which were to he at-
tended with so troublesome, so tedious, and so
fatiguing an enquiry. .
These are some facts that 1 hare not indeed
escaminedto; hut, with submission, I do not
stand in need of them : if I did, they are noto-
rious ; and I lielieve the Managers, some of
them at least, know them, and will not deny
them ; aud Uie Musters, being your lordships^
attendants, m^y be asked to them by any of
your lordships who shall think there needs any
further satisfaction to be given concerning
\ them.
Obj. But why then did I not content myself
with the shorter accounts, and take them, at
least such as were delivered into the oommutee
of council '^
Reap. As to those accounts, I %VNtkVV\»a^^\«fc.x%
to sa) sg\ue\Vk\v^^ uv^u vVv^is^ \«i^%\ ^%^'5^-
I
i
^
1311] lb GEORGE I.
teenth Article^ whieli, I flatter njsdfy will
fire your lordships entire satisfaction on that
ead.
Upon the Sizteentb Article, 1 take the liberty
to say as to the 1,000/. paid on Mrs. Cbitty^
mcconnty 1 nefer expected that an act of hu •
manity to Mr. Lockman should be made a
crime.
The supposed crime, I think, consists in this,
tiiat it was in farther prosecution of my uqjust
•nd corrupt purposes, that is, keeping np mv
giin in selling places, by concealing Dormer^
ueficiency.
flow is this proved P
Mr. Lockman tells of his applying to me,
and my saying to him at first, that it should be
paid; DUt telhng hjm atW, that there were not
aufllcient of Dormer's efiMs left ; that the
Biastsrs were in ^eat apprehensions of losing
tike profits of their places, and were not willrog
to adf aace any money ; that he told me of a
composition he had mad^, tftat the time was
near ; that then I said, 1 would* onfer Cottin§[-
ham to pay the money ; but told him, that if
Bin. Chitty bad nothing else, he might, by
marrying her, make himself worse ; for there
would be namore money paid her thence. Atid
he swears that he did not look upon that sum
to be raid out of compassion, but only as it was
due. He says, ii was about a fi^rtnigfat before
the 1,000/. was. paid, that f told' him no more
would' be paid*. Uuon some questions put to
bim by me^1ietaid,he asked for another 1,000/.
on- account of Mrs; €bitty'8 children : but that
after f had- told him, no more than the first
meottoned 1,000/. would be naidj which was a
fortnight before it was paid, be asked it no
more; and denied that he applied for the pay-
ment of 500/: or 574/; aflfer I had' promisedthe
1,000/:
My lordk, dt this, supposing it true, does not
prore that I paid this money to conceal JOor-
meHft defitdency ; for He says 1 told him be-
fore, that lyorm'er's eflTectr were all f^&ne ; and
at the time when I made the promise of that
money, t told hiin- no more of- her money would
be paid.
And is it rightly collected from this action,
without farther proof, that iny intention in pay-
ing this money, was to conceal the yery tning
which I at the same time expressly pubitslied?
But, my- lords, it* is fully proved on my part
by- Mr. Cottingham and Mr. filphinstoue, ihat
this 1,000/. was advanced out of a generous
compassion, and not out of any by-end : that
his application was founded on this, that he was
to> marry Mrs. Chitty, and was to have this
1,000/. to pa^ a composition for his debts ; that
I had sent him word of the deficiency, and that
lie could not have the money ; so the great se-
cret was out : but that he aflerwards appeared
in the utmost* distresft and agony, in danger of
laying Trolent hands on himself, and desperate :
this distress mored me ; I told him, I wouM
order the money to be paid out of compasstoo
ft»him$ be afterwards spokrof it with the ut-
uoit aeknowMgteBt: I. told' him tUs, and
TrM qfAe Earl o/MmxkifUU^ \ ISIS
gave the order aeeordingly on Monday, aa^ it
was paid the Thursday lollowiDg, which *«
the 30th of July ; and as to Mr. LockaittV
testimony, who denied that be applied firi
farther snm ; it has been proved under hism
hand, that be applied for 574/. for Mra. Chit^,
on pretence she could no eiherwiae apart boi
the whole 1,000/. and this after the time i«
appointed for Mra. Chitty to receive the
1,000/.
[Here the Earl of Macclesfield ioformiB^lk
Lords, that he found himself so far spent, m
not to be able to proceed at present, the Room
adjourned during pleasure ; and after snsc
time, the House being resumed^ tha Evl of
Macclesfield went on.}
M V Ibrda, when ^oov lovdahips werapissMi
to allow me la retire, I was j«Mt upoa Mhl
Chitty*8 1,000/. and had spoke- of that put i/
the traosactioa that relatsd' to Mr. f noris
And as to tha next, which ia the charge of ■•
deavouriag to'persuada the Maalton ta adisaei
that 1,000/. and uaing the ai^meais ia thi
Article mentwned for mat purpose.
Upon the evidence it doss- appeals timbtfasf
wasa meeting of the M&sters; at my homeii
the latter end> of July laai ; and aome saeta »
guments used' as in the Aiticle^ hot not (ssii
chai^red) to> have apraaent purpose of (jajrio;
the 1,000/. answeradi-bntto' Uav« J>oniier^^
ficiency all made good( by small annual pif-
menta out of caoh offioe. A viaw, wbicb I oift
your kMdships will think very iooaecat im
commendable, whether likely to be Buuowrfil
or not. And this was so much the intent ef
my desiring the Masteratotxmie together, tbit
though that 1,000/. wa^ the imniediate o«b-
sion that discovered the effeots^ to bo then il
gone, and so might naturelly lie meotioofi
and I doubt not but it was, I de^ not yet re-
member that I persuaded the Masters is ptr
it ; nor does Mr. Lovibond remember it ; im
Mr. Holford's expression was (if I took hi*
right) only, that he appnrbeoded it was mm-
tiened as if the Masters should Goolribaiete
make up that 1,000/. However, my lor^
that* was not the end which I aimed at as'
mentioned; and u|)on the whole evideoceal
agree, that the discourse about the 1,000/. «*>
soon over, and ended with my sayinir, 1^ ^
would take, or had taken care of it. Mr. li^
boun says, he is not sore which of the two tf-
pressions 1 made use of. And even Mr. Tlo>
Bennet says, that when 1 bad said so, natbiiC
was afterwards said of that, but of Dsnsfr'i
deticicncy ; and then oame ia the discosne«/
the parliament Mr. Holford refiresents it, ^,
after some discourse of the 1^000/. I spoke it'
Dormer's deficiency ; and particularlv of ike
mischief, which was what Mr. Edwards bs^*
little before said, that soooe bad had aU, li'
others none, (which weold -not at all be csrt'
by payment of this 1,000/.) and thai tbff ^
mentioned, that tbat miglit naake gi«at cbai'*
and possibly oecasioo a parimnaeaiary m^'
where, if it was nwlTad lhat layoff llii**
1
JSI3]
J&r High Crimes and Mkdimimor$*
A, D. 1735.
[1314
slaces VQi s|r^tnst Uie stmlute «f £d. 6, it might
^Hect lue iu iliedispoful of tbe places^ aiiJ ihe
Hpjutem in Itie enjoyment of tlit^ir pUcL's : lie
^Bya jii'Vi^ral lhin|^9 irert^ proposed, but noibiug^
Hrreed ott. Cue propocat was, irbetlurr jf the
iQiliil^ni were ooniinued on tbe stame fuol they
liad bfen. U would not be v^^ortb their white Ut
Dtril>iUe f
i The Muter* h^Te not bjid sc»|rood memarles
tuicau« as i hop«d. But Mr. Lavili'uid
iwear, that all or the greattfut part did
I AjTree, that if their of&ceA were establinhtd,
> they had been for forty years, they wouUI
iakie nik ^inniial routrttniiion towards Dormer's
>fici' 1 nobody sny other-
^ Hjiys) did not agree
fo it.
Bo that it appear* upon the whole, that whot
1 6«id wv« not with intent to snpply a present
ptif poie, ftft i« char^^vd ; for I Imd declared io
tti«m, I bad taken care of that, or would tdke
care of ii. And if I could, by settinjr «uch an
f% '' '< ' • ■ ' - ' ' iM uiw, in-
-, as liiey
, to rujJ i!>. VI bole deficiency, or if
.« ft,,. -■-"'>r*. on of those
i , ) seeno
_:u -,.: i;aud in IL
fjeoncetiti, ami iimour or en-
' (itit iC, only b) ; ; - which %vQuld
if e no room or occastun lur clangour or en*
or if they coutd not pay the whole, by
J tW prvportiou i*hioh any uce could be
ititleil UK
[And thiit pn>posi), to b«ive it paid by annual
ly iiipotH out of the several oHicci, die] not (end
of tbt^m, but on the contiary,
>-n OQ tbeiD| would ^eatly di-
Biiiii^ii tutir ^ ^Kie,
Whether the de«»i^r» I had, or the ari^umenta
Bted, were prudent, or di^rreet, or profKr, 1
bu)it to your lordiihips* judgaieut ; but \\vt
^nnaeniii were not used for the pur[m>^es in
f Article^ but for tike benefit of thu Miilors of
ourt
^to ^ive ihui Sonne appeamnce Qfh crime,
! forced to attribute it to cnininal views
^iOf which they lia?e ni;ide no pruuf,
\ any protmbility^ tcart^ jK»^^ifeilily,
bat they were the principle* of i'
1 u)i4rbt farther obsc rre, th-i»
Li'
the
i ill the
1 to the
>d«r
\} UiipdIU; ullil
ckmani utipuii)
f frombr*
|€^prt«si<«)t IU the end of
to he 11^ I .^ i ;t[free, 1 uuid
near it othtr cxpreaaiatut
^ Rlh it (whi ^-;s in ifretilowiixi
t ihew^ i coul'i
i lo It; nor cu:
No quentton had till thai liUDe been
i More the Court rclatinfj^ to Jiurnier'a d«*
rncy ; Cbiity'a wtia only an apphcation for
9ur, for a iom then imiiailarly i^aaUd* bc-
irOL. XVL
caM»e there were at that time no effects ; and
was paid by toe out of coitipassiioti ; there wiii
no queiiliou of right aUml it to be deciiled, aj
was here, when the dispute ^vua, who iv$fl to
bear the los«, it any, and could he dett rtnine^
only u}K)n circum^tancea* 1 at the same time
was so far fr<im endeavourinu lohafe it be-
lieved, tlial there was no deficiency »n Dor-
mer's otEce, or that I knew not 4»rit, that 1
declared a ^reat dcal| winch I knew about tltat
matter.
A« to what they object, llnr tfif^ nrrli r U
drawn up in such a manner a^
•ay)» tny being' h holly ignoffi i ,,
by directing m crxpjtry, wliether UlG;re wa^
lilcely to be any dtficiejicy or not :
Qire me leave to say, ilial if \ had knowjpi
more of it *, if t had known tu a fai thinijf wh^l
Dor (iency would be ; 1 couldnot sp
a jii .. 1 an orJer upon my own prirate
kooM ludge, but must make it in tW same mai^-
ner a« if J had known nothing at ail \ and ac;-
conlingly that order is worded in the same man-
ner, as it must have l>cen, if I had ueior heard
of Dormer's f i' ■ ^ ♦ re.
iJesIdes, it h u lalked, that Wilson
had not dealt i... ,v .^iiiscon -' \ '^'^If
so, and if he were* worth it, < l«t
recover tjcar 2'^,,000/. more .- _ i li.^ ., A
matter extremely proper for the Aloalcrs to en*
Huire into.
A« to the nth Article, which relatea toiif*
ders for payment of uiMnif s drjmMled with Dor-
mer ; which Mr. Kdwardii <as i> chari;>d) wai
dire€tc<t by me to pay, wtthuut regard to tbit
pro{»ortiorf, winch ought to have tteen obsct^nl
m a defective fund :
They liave read four orders made by me, ami
no more, three of tliem in one cause ; and only
one of thrtn directn the whole monev lo h%
paid out. 1 vaid, in my Answer, that I did not
Know ttjat I had made any other order than
that of Chitty ; but believed the Court mif^ht
have made others; which jfave occasion, i|
aeems, to some of th^ qetulrmen to wonder at
thediMinctiott ' ' ' ' li. My
meamji^ ua)>, i have
'■' ■■' ile l»V iiif \.'.niii mi : *'nt
eared ; thai is, by ti e
.. .,. ..,,d Judpe*» with oihci<> ... ,.,..i.i..,.>**u{i
for hearin*/ M' causes.
But ai to wbsit was done hy me; the proper
AiiMWer t«* thifi Article, the true one, and I hopa
a satiM'sctory one, i? tliuJ I Liclrdjtuui I ihout^nt
wootd be Tno!<t fur i id tieiirfii of lh«
•oltora, I folly b* alonc^^ that tha
whole would be mntjt^ goo J, to which 1 contri^
buted all I could; ami I ncted accord iiiji^Hy. If
I waa mistaken, 1 ho[>e it ia uoerimt*
As to the IBth Article, three nogltKrls
charged upon me in this Article*
1 .iro of thesectiriti
irrs,
^. NoL ukti. Hf cash,
4P
I
1315]
10 GEORGE I.
Trial of the Earl of Macdetfiddf
L1316
There is anotber thing expressed, which is
permitting' and encouraging^ the Masters to
traffic with the suitors* money and eflfects. But
that I apprehend means only, that the not tak-
ing due care to hinder them, is permitting and
encouraging them. So that it does not make a
distinct brancli of the Article ; but is only a
supposed consequence of tlie rest.
As to the securities and cash, what 1 am
charged to ba?e omitted doing, was never done
before by my predecessors, nor desired then
of me by the suitors. And therefore, 1 suppose,
there is a partitrular reason assigned why it
should have been done by mc, though not be-
fhre ; and that is Mr. Dormer's faihire, which is
charged to have been chiefly occasioned bv his
taking upon himself unduly to dispose and em-
ploy the money and effects of the suitors in his
Lands. And this the Article charges that I knew.
My k)nl4f, as to this particular reason : to
add a new duty to my oflfice from it, and to lay
mo under an obligation to do that which my
Kredccessors were not obliged to do ; it ought to
e clearly made out that the fac*t is true, that
this wasUie cause of Dormer's iailure ; that 1
knew it to be so ; and that thereby it became
my duty unasked by the parties interested, to
make the new provisUn expected. But thi-re
is no proof that Dormer diJ unduly dispose of,
or employ the money and eHTccts of the suitors
in his hands ; much less is it proved, that I ever
knew it, or had the least reason to suspect it ;
but the contrary.
The account Mr. Parkhurst gave of what
passi*d at the time of Dormer's going off, was
this (which was represented to uie, and never
shewed to be false), that Mr. Dormer, who was
his uncle, informed him, that having happencil
to receive a greater sum than ordinary out of
the Exchequer, and going into the country in
the long vacaUou 17*20, he knew uot where to
leave it safer than wlih Mr. Wilson, an emi-
nent bunker ; and he left it with him to the
vuliie of 21,000/. ; that u|>on his return to
town, he found Mr. Wilson stopt payment ;
and that therefore he would withdraw himself,
for l>ar of a gaol ; that accordingly he went
into Holland, ami wrote a letter from Roitcr-
daiu to Mr. Park hurst, with one inclosed, to be
shewn to the Masters, an<l sent to me or M r.
i'ottingliaiu ; he gave some account of the
letter, that it set forth the case to the cflLCt
above ; and the draught thereof is in the bands
of the Managers, which they might produce,
if they thought proper. Thi^t I took to be the
true state of the case ; and never hoard any
thing to the coutr.iiy (except Mr. Lightboun s
guesses, founiled on no fact, but on the great-
ness of the sum, which this accounts for another
ivuv) till December last, when 1 was told that
Wflson pretended, he borrowed it of Mr. Dor-
mer at an high interest ; but as this apiieara to
was certainly the troth of the ease, or bowerct
what appeared to me ; Dormer's failure ««
not occasioned by bis undue disposing of tr
employing the money and effects ; hot it n
a misfortune owing to the year 1720, and »
cumstances peculiar to that time ; so not Ifltdj
to happen again. On Dr. Eddisbarj's faihiit
there appeared no accident, but his own illoos*
duct : yet no change was made by the IM
Chancellor, as to the effects, or caab, or giviig
security.
But it was urged, that though this had notbca
desired of me by the suitors, it had been pn-
posed to me by tiie Masters themselres :
And three of the Blasters were called ti
prove this. But only two of them pretewl ts
nave spoke to me about it, Mr. Lightbooo ui
Mr. Kynaston. Mr. Holford, the 3rd, nvi,
Tie never was once with me about it, only be
liked some things which Mr. Lightboun toU
him he proposed.
Mr. Lightbouii's whole evidence, taken iH
together, clearly proves what 1 set forth ia mj
Answer; that! Iiad in view three things: 1.
The making good Dormer's deficiency. 1
Settling Masters in their jnst rights. 3. S^
curing the suitors from future accidents. Tk
1st was the princinal, and always uppennoa
with me. The Snd was plainly necessary, is
order to that. The 3rd, for securing the suiton
from future acciflents of that kind, I was like-
wise ver]^ desirons of; bat, 1 own, at iktt
time, while I thought the Masters then ia
being persons of ability and substance, and be
gave me no reason to think otherwise, 1 appr^
bended there was no need of any extraordiurj
expedition in it.
As to making good the deficiency ; it ap-
l>ears, that, at the time of Mr. IJghtboun'j pro-
posal, the Masters were all willing to contn*
bute ; only Mr. Lightboun stood out ; aoti IlS
reason, which in his examination to the I6ti>
Article he says, he u|ion one occa<rion men-
tioned to me as snfhcient, was, that it \toutrlbe
a precedent for his paying other dc-bts of odicr
Masters. And uj>nn his examiiiitinn to ihii
Article, he says, that he told me in dt<iCour$«
on that subject, that as Donner*s acrident bad
happened, the like might again : and mi utlM,
that it could not be supported ; andafkernanit.
that if any thing could be done lo make trood
Dormer's deficiency, and put things upon i
secure lK>tfom, he would be as rca«ly tii m-
tribute as any body. He then gives an aocMiai
of the proposals he made, which be says. I
desireil him to reduce into writing for my'on*
sideratioii, which he did ; the copy of It «ai
f produced and read, and I have the letter itself
lere in my hand ; and here only, i apprehend,
is to bo found the proposal which is to affect
me, and not that which he now from his me*
mory mentions to be the proposal ; but difftrt
be spoke in excuse of himself, an after-thought from the writing in several things ; %« hiefa
at four years distance is little to be regarded ;
auid however, if it were true, ought not to affect
me, to whom it was never disc&sed. But ac<
•ording to this that 1 hare staled abore, which j he did not think proper.
being in the letter, if he had mentioned tbcn
cursorily in the discourse, I must have Med
upon them as what upon farther i "^
for High Crimes and Misdemeamrt,
My brdi, tlie <>cc«ii(»D of my pronosil was
mj spesktng^ to him ahoul contnbutifin; to
BonDer't delictcticy ; and both that and the
|iro{ii>sal itself she^, that it *ras really no
fnnr«, than laying; before me the term* upon
which he would contributi*^.
In tbo»e terms, the principml thinff tnsi^ed
ti|M>n by him waf, Ibatlbe tnoney iTioiild be
I cotitinued to he brougflil before the Mtstert ;
which, I apprt!ht.nd, had then been broken ii
I little in upon; which ia expressed in these
I %rordi, shewioaf the impn»babiliiy, that a fact
objected should happen^ ** If (as his words are)
the money be directed as usual to be brought
' before the Masters, both by your lordship and
'lbe3Kst«rof the Rolls; wilbout which tiie
Masters cannot think ihemJteWea much inter-
ested in the treot of Mr, Dormer's affair,"
The other thing beio&isted upon was, that
lie should be secure from being expose^l to
[ the like inconvenience, by failure oi another
Msster ; and therefore what he proposes, in
rclttjon to decuring the effertB, is not a thio^
proposed to Im» done of itsf If, separately, but in
company with the other regulations.
That part that relates to the riflfhrs of the
Masters, was afVcrwards pressed farther, as it
wag apprehended they were more hrokeu in
upon ; and produced the repreMiitation of the
Milters, udich Mr. Li^htboun the other day
mimtloneil to vour lord»iiipt.
And this likewise explains several parts of
t)ia evidence: it exnlaios what he says, that he
pressed roc so often to do aomelhlnp, and
thou(;ht that to be irre«o1ottoiir whicD waa
indeed my t^ution to proceed u)>on sui^
g-iraunds, HI doinj; a thing, which, it not per-
fectly wdl founded, might hate the appearance
of l^'ing contrired on purpose to advancf , or
keep up the profits o1 the offices of the Maa-
I ters. It explains his apprehenNion, that if I
[4id oot do it^ it would not be i\ttnv by my sue*
^^^Tior, unless the seal should com* into tlu^
_ hdsof a noble lord, M'hom he named. It
ihews, thttt what he pressed, waa not so much
for the Masters to give «ecurit\, or to make up
Dormer 'm dc6ciency, and retrieve the honour
of the Coon, »h ti» have orders made, for the
beticfitof the Masters; which 1 thought ought
to ea together,
»ror it wanted no resolution iu me, or in any
other chancellor, to make orders upon the
Masters, to secure the effects of the suitors in
their bands ; had that been the thin}; prested,
and espedallv if, as is pretemled, rliey thcm-
tebe* de«ireii it. But it mi^it re<|uire reao-
lution to Kupport the Maatcra ag^ainst tin?
|c claims of an honourable person, with whom
^lliey then hud a di*(pute«
Titis view of this matter will make vour
limlihios consider it in a different liifht from
what tlie Mnnagers lunre endeavourea to set it
In I and that my alownen did not proceed
from my concent fur the kecpini^ up of the
Msateri^ ufficefi, but from tuy cautiOD hot to
be too (irecipitate in advmocitig them.
And bad I takrti tfat netQUrcs detired, ao«l
r:
raade orders to prevent the Master of the lioUa
from dircctinjf, in his decrees, the ranuey to be
brought liefore the Usher, and frtmi referring'
irregolaritiea to the six clerks i, and to settle in
their favour the other matters in dispute
(though 1 will do them the justice to declare,
that I do, BO far as I have !*ecu of ii, rhinkthe
Maater!» in the ri^ht thereiti) yet I am appre*
hensive, that at fir«i sight it would haire been
matter of compliiut against me, as a con*
tnvaoce to advance the offices of ihe Maslers ;
ftud that the schemes proposed by Mr Lig^ht-
boun fbr giving the security he rejireseiJis aa
sufiicient, would not have been thought m
balance to »L
Having said this, gire me leave to weigh tht
proposals.
And first, hi* proposals for profiiliug for
Dormer's deficiency.
The way of doing it, which be propospt, is
this r baring stated, iu the 5rst pnge of the
letter, what be lakes to have beeo the iKTtsiofi
of this great deficiency^ he goes on, ** which I
liope may be provide^l for, and the credit of
the Court retrieved and supported, by every
Master a ill an cing 3,000/. or such other sutii
an shall he agreed on, out of the ca»h of the
Court in Uh hands; which beins^ placed out
at interest, the yearly income thereof, toifather
with the produce of Mr. Dormer's estate, will
answer the demands that may be expected oti
bif sncceator, and will in due time make good
the debt upon the office.*'
Dut aa to this, I iliought it lK»th impracti-
cable and insufficieot, and I told him, and he
very fairly owns H in hi,<i ^idence^ that 1 could
not make an order of that kind ; b^^ouuAe it
would indeed be orderiug one man's money lo
be put out at interest, to pny aoother*» debt.
His next proposal relate« to the securities,
lodged in the hands of the Masters, which ha
thought of the greatest consequence ; because,
as be now says, he told me that Dormer ^s ac*
cideot came by trafficking with securities ;
which he inferred from a !iuppo»ition that tliere
was not then so much cash m his hands. Thit
fiict is contrary to the representation made aff
above to me, and the supposition « with respect
to the miantity of cash, is obviated by his
having just recdve^l a great sum out of the
Exchefpier. And your lordships have heurd
from the report to the lords of this committee
of council, that the Mitcters have brought in
all their aecurities ; so that what Mr. Light-
boun thought the greatest danger, has proved
to be none at all.
However* to prereot that, which be thought
the gremteat danger, ho nropoaes the taking
all govemoient securttiea ror the future, in the
names of two or more Masters; hia words
are in page the Qd, ** Having before ohserveit
fitim Vhence thiu great deficiency arose, I
submit it to your lordship, w hether the taking
all government aeciiritiea for the future, in ibe
narna of two or more Masters, may not pre-
?ent the like misfortune hei^ftcr."
He s»yt now, that be proposed tbem to be
4
I
I
,1319]
10' GEORGE I,
Triat offhitarl nf Maede^leldt
[vm
rt^keo in the Dame« of some Masters* and of a \
thirrf person ; but tliat ii$ mK mciUioned in l!ie
ktrer, nor does >fr, Udforcl oientioTi it in his
avidenee.
As to this propoaal, be hat dow sworn, as
^Ibe truth is, that I started a dtflicully upon
that head, by ohjediog that this would not
ftfisner all casefl, particularly with rea pect to
the £ast- India and South Sea bond$, hy reason
that they ar« payable to the bearer. And hia
answer waa, that there was no necessity of
tak(0{T>the!iesectmnes; such ini^rht he taken aa
are trausforable in the hooks of the compa-
nies.
. On consoUing others upon this^ I found,
that as to East India aod South Sea honda,
iholly to disallow th« taking those secorifiea
i^outa he hard. Many people choose Iheon,
because there is little variatiim in the priee^
only sometimea n few shillings higher or lower ;
vhcreat in aoniiitiea, and much more in other
stock* the fall of the pricc^ by the ttnae the mo^
ney was to be paid nut, migfit eat up the inte-
rest Ufid more. That tliere would be a difficulty
to dispose of those at that time in the hands of
the Masters ; probably the o%vDers would not
oonsrnt ; it had been their choice, that had de-
> terrnini'd the layiu^ out of the money upon
Ihfiise bonds ; that to send them to the market
all ti>gelher would occasion a fall of the price,
and a t^n at luss, which would raise a clamour,
and lETtve (f rrat dissatisfaction,
1 thour^-ht these levera! things had great
rpi^fhf , and deserved most serious consideration.
! then thonii^ht of lucking up these Imnrls in
|hestii, wilhtwo li>ckB, one to be kept by the
plaster^ to witom they belonged^ anil the
f other by the next Master, after him, and to
ake the < it her securitjcs in the name of two
llasterv.
But I was told by persons of great weigbtt
[tat that was but two Masters instead of one,
raind would not he satisfactory : and should I
Moiu more of them, it ivould occasion more
pronhle, and possibly more charge ; hut they
^ere still Masters.
At Itt'?! r resolved to take the securities
r (other ihan the honds) in- the names of two
ril asters, and a third person to he nam*Hl by the
^yarlies. But stjil I struck at the bonds, and
t pAs never set ri^f hi in thai, till it was too late.
IjBut I have now learned, which neither i nor
r)lr. Lij^hlboun, as your lordshifm may observe
liy bis evidence, had &kill enough to know,
^that ilit^y mi^ht be indori^etl to two Mastera
And a third person, muH so the property heflxeil
(n tftem ; «%hjch, had I rtfterwnrds c^intiniiHl
!?haacollorf I was determined to have put to
practice,
A«i to the cash, how that mi^ht be made se-
I f ure, his uhule proposal is coiiiaiiif^d iu these
^rords, in the second pajjt; : ♦* The depo^iit to be
Lput out at interest, lo raise a fund tbr ihe pay-
iJlient ot Mr, Dormer's debt, i«>nether with our
office, t^ould in aureat measure be a security fur
the cash^ with which we should theu only be
Mii-ujled.'* By the depmtl be me&T^a ^Vi&v^ qI
t<Q0OL or such lytfier i?um as tbeulit 1^ I
upnn, as I before r« : r lonMitps.
This is the nalun ropo^, wilb i4
lion to thesecunty for tt»e cash ; which (a>
prehended must np(>ear to be neither prmdiak
as I iibser^ed before, nor satiisfactort. iii
had i built upon (his, anil made & re*^1atj«i«*
cordinglv, I w^s very apprehcasif^ ihoitlltf
iTere l^/oredissatisfietJ, would caTT »t tritTir^
He then takes notice of the money W^
loili^ed with the I^faslera v^ty etfefOaif,
ihnugb it IS hy way of aoswer ta ah ofyevilAi
thatev^ry Master may not af ^fays hafsmAl
sum in his hand \ to wbicb be attswttt; *\
will renture to say, it ts scmroe ptmMi^M
can happen, if the money be directed isfli
by yourlordshin and the'lHasi^r of tbe JUk*
And then he adds (to sbew ibe stress lai^ Spi
this) *^ without which the JflmCera mnnoi tkak
them!«elves much interested in ibe crrsttt
Mr. Dormer's affair," And nys in tbr i4
page : ^* If f have the happi nee* tn hatenftnl
any tiling thought practicahfe by your lofib^
when 1 have the hon*»ur to be acf m^ttiNl ta sii
upon you, I hope to sal. ' whip,tki
f shall with pleasure < faeevos
me, to facilitate any undt* nuking oi \m% %iai,*
I think this proves what I satd iiil&« li-
ginning; and f submit it to yoar lords&ipv
whether I am crimiDfid id tiol eomplyhig wA
these proposals.
My lords, I have told your lortlsbijia sttfiai
thoughts I had altout the securtttea* 6ite m
leave to mention son>eti»fO|{^ of nay thouglM;
wilh relation to the cash.
f thought tn take a small security wouM <ailr
shew that f was convinced tUftt a seclint> wii
necrssarv* and yet trifled in it ; and those tis!
were willing to find taali, would say, it v*
doneontv to amuse the suitors^ and iMlltb*
into a false security.
And till f could arfkist the n t rtbeirtS*
rities lodged with them, pai ihe hA
India an ifSfiuth 8ea bonds, no svLxunty, tfailit
would be practicable for the Masters tofiit,
would hear any proportion to what was tatbcit
baofls, when it should be 50, tJO or 60fOOlWL
But if I could contrive to make all the ■«§*
rilies safe, and reduce the cash into a nanDStr
coiujiass, hy making orders for uuttmg otfttkf
money of course, wheoever, tbroiigU negkst
of the parties, or otherwise, it should happea a
lie beyond ausb a time ; then a security m^
be given by the Masters to answer it.
But, as 1 told your lordships, the East lodi
and South Sea hoods were too hard for lac, till
the matter was before the cotniiiitiee tif eouocil;
and had the Musters hehaveij themselves, ail
ex^^cted ihey would in the mntte^r «f tbcir i^
eotfutii, I ti>ea intended to hav# Unl my tfasiagktt
lie fore the council, and lo have had Ibcir si-
Uiority and saoctioQ iiir |ptitlui|f tbcni Ji
practice.
The other proposal supposed to be madfta
fue, is spoke to by Mr. Kyuasttm, aadbiBiosl|«
And though he says all, or most ef iba Masistf
a^t«^ \& S3h ^^^ ^^i^c^^'^^t!'^ ^ wa
\-
i3ii]
Jot High Cnnia and Mir-demeanors,
A. U. 1725.
[\nt
k fibotJt it ; I do not finri that any of lUe rest know
iB any thitli; af U. 1 obserted^ thtt iidtber Mr.
HlJjfhllHniD nr^r 1^1 r. Holfort) (both proilu<!i'(l tu
Hltim Artrele) are eJcamiQcd lo fhiv grcst m;tttiT,
Vijpon whidi tlie M^i%1cr% me »aiil lo Ikj a^ictd ;
" oar i« any other Mii^ler called lo il, lhoU(jb his
iceount oJ'tl t« f:ti rerv iniperfect^ and stiincfs iti
O^ of" Ihi ', ' . ill n» supported.
As to f he > I'^i dl ; the tiouds
^ are leA uuini Uic sdinc uuncolty a4 before.
HAntf as to the cssb^ be meDriont no sum dr
H %Afii« ill uhk'h (he securitv was to t»e pren.
H Btttf mv toriisf upon tGe nhole, both from
^ vhftt Mr. Kynasfon &nd ^Ir. IjHEhtboim j*ay, il
it pliiin, they were coiiJiitKin^ their own mte-
»rwl ; lo keep ihe offiee free from incum-
l»f«iK>es : and their itJteresl ond mine (if I coahl
)lAve %tiy in view) whs the same : so that if it
v«s their propO!»al» what shouh! hinder rae
f>^om AffreeiJig to it, but thst I thought it ia-
sufficient f
The third thhgr charged jn this Article is^lhiit
I did not t^ike the Masterik^ accouuls, that J«, dc-
I founts of M^hat effects of the suitors thej had in
llieir handi.
My tords« it Is true, this was pmred to be
flone bv my lord Coitper 4t his entrance into
liift oifitfe, both ttte t^r^i and Kecoitd lime ; it
%as done by anothei' uohie lord, as has heeti
tiroved at your Ididshrps' hsir, once» and I be*
lieve it iwas done bv that lord ofieoer.
My lor(!»t bttd I lakf n their accounts too, I
4iiubt in w^ it would not have had the Sx^me
apprubatioOi sm it had in tho«te noble lor^i. In
ji»v case it would have been asked » ithat care
I had taken to he sure liial the accaunls defi^
vered roe by the Movers were true? uhether
I had Meen the securities aod ciuih ^ and urhat
satiftfaction I hod, (hat Ihry were able to muke
them ^panVt I fihouU. perhutis* have been (ol'l^
that without that, the hare inLinQf of an uccrMitit
fras of no use. And these er)i|u in f^ v^ore of
auoh a nature, Ihul if (hey were to \w- purvued
^ effectually und \\\\{% exacinc*^9, I own I bod
^^■bot streuuth to go llimu^h them.
H^ Nor dill I think the taking accounts froru the
Masten necessary^ liecause J do si ilk lake the
liberty lo say» I was fully persuaded, all the
^'asters went (rooil and honest men; and i\'
hey were not, I do not see it would be of any
,11 Ae to take such accounts. For I would tiie
lad to know, whether if I liad taken an ac*
)iiut yearly from every Manter^ he would
liave been one balfpennv richer or poorer^ or
at all more able to pa> tne suitors ?
Ohi. ft is saiilf indetnl, thai all thete Were
Wilful oriii«]»ions ; ami for fear the pric« of
}ihf-*e» %houfd he sunk.
^^ Btii of that Ihere js not the least
] 1 ihcari'UiiiHiAticeK of ihc ca^e alnive
1 hopi^ ■ '^' K fijore iialnraliAC-
;nuni of il. i v what to do in
^vhich
AUCb u
«'
(I
•t' v.
Ir-
i
1
t
\\\~ ij
Drcem. «xpr«Me8 rt) to continti^ ther« cmlv till
ili€ affair could be more maturely considcrecf, and
a proper provicion made for the security of the
)^iiit(irs, Five monihy are now elapsed, aixl
Tiothiii^j has been yet done : though the suttort
suffer vast iocoiivenieifce. For^ in order to gel
any money from thence, lher« roust be a
]Vlaster« and a Six Clerk, and two Dh-ectora^
and i cerliticate trom the fleg inter, which oc«
casioos 80 great an erpencc, that, in the cane
of small sums, prople do not think it worth
therr while to go for thcro to the Bank, hut
choose to be without their interest, rathfr than
come at it through so many difflcuhiea. And
if the lord:! commiiibionorS) three of them«
such great menf have found this matter tdo
ditiicult to settle to their sativfadion ; is fl i
crime in me, that I was not able lo itiacoTer •
method for making fhinff* easy end secirrc^
T\m Article id dosed with the great defi-
ciencfes that have happened with regard to the
effects of the Buitors.
But« my lords, pve me leave to say, if thai
tieficieocy have not happened by any tault of
mine; if tboae mis fortune s, whtch havebvfaileo
•ome of the Masters, be not owing to any crime
inrne; no part o4 all that is charged in thia
Article, ought in justice to he at my door. Aa
1 have observed before, the great dangrr, which
was at first apprebeuded, and &o often talked
of by Mr. Lightlwun, related only to the seeo-
rilies, which the Maifters had in their hands;
but that which happened related to the money
onty . And though this accidrut h\\ out, whilst
t had the ^reat seal, }et tt might as wejl have
h»p{»ened tn my predecessor V time, since no-
{\m^ thut 1 have done has given the least oc^
casino to it.
But Is there, at lait, any <lefleleDCj made
out to be in these Masters^ by nhich the suitofs
are to l>e*ufrei^rt?
Mr. Thompsim has been called as a witnest
to prove these deficiencies ; hut be ha* only
shewn an estimate of Borrcl*!* dellcicncy, and
thai fiome of Ihe |tresent Masters hud not naid
in their balances ut such a time; and how
much the farther itums they were to pay
amounted to.
But have the suitors therefore lost the m<K
ney ? No, my lords, that does not ajipe&r; bat
on the contrary,
Mr. Conway, one of tbem, wbon ihrj
have t1 produced aa a witoeai* hm
sworn. I r^ assigned an rsiate \
to pay all his OLficiency*
One ■ "
4
4
I
17lli
raadk;aiiMai.
lud, thut %ince thati atitti^ wmm kti lam
saiiifaction or secari^ At ila ■Mf jHrtr
Hut, my lordii h • ifct ^tm if 5P>tt
tti:it u}un«c*an fff*|
ohier I
nstilai
i^/;i^.faiii mwi lfi«»«ihai
of his
1SS3J
10 GEORGE. L
Trial of the Earl of Macclesfield^
[13S1
The latter sum of 1,575/. ib brought into
court. And we have shevpu that Mr. Uiccocks,
his predecessor, haa petitioned, that he may
pay in the 7,500/. which is the whole den-
cicDcy. And liere appears a considerable estate,
of I think 750/. per annum of Mr. Beonet's be-
tides.
Mr. Kynaston's deficiency is represented to
Hare been before Christmas 26,906/. llf 3{</. ;
arising ail, but what he said was in my hands,
and the hands of ]^Ir. Rogers his predecessor,
oinlv hence, that his cashier was dead intestate,
and administration disputed ; and so he could
not come at the mouey.
£. t. d.
There is paid in by me - - - 1,575 0 0
There is offered to be paid by
Mr. Rogers, and will be paid - 6,000
A Debt from Mr. Delahay, which
he swears a just our, is as-
, signed 20,850
0 0
0 0
In all - 28,425 - 0 0
And the Deficiency being com-
puted at 26,908 11 S|
This exceeds it in the sum of ^. 1 ,5 16 0 0
And he has an estate of between 4 and 500/.
a year, and timber of the Falne of 2,500/. to
make good any part that may not be got from
Delahay's estate, though his effects are in one
of the reports mentioned to have been then
found to be in London alone above 20,000/.
And 1 ha? e heard that the lords commissioners
have ordered them to be brought into Chan-
cery, and that 16 or 18,000/. are actually
brought in.
What is said to be Mr. Borret*8 deficiency,
is the foot of an account, which the Report
that represents it, and Mr. Thompson in his
evidence, say could not be properly taken.
And when fully examined into, there may
come out to be no loss there neither. Mr.
Godfrey swears Mr. Borret to have been in
good circumstances when admitted ; to have
an estate ; to have sold an ofiice for, 1 think,
5,000/. upon the occasion of his coming in Mas-
ter; to nave lived with small expence, his
wife*8 father maintaining his family. And, as
he enjoyed the oflice four years, tliere can be
no great deficiency, and probably will be none
at all.
But, mv lords, it is extremely hard upoa
me, if by tiieir producing an unceitain estimate,
I am to be obliged to state the accounts of one,
who is dead, whose administrator is solicitor
against me, without their searching into his
papers and affairs, and giving a perfect account
Jiow they stand. It is exceedmg hard, give-
me leave to say, that your lordships should be
judfipng upon me as criminal, from facts of this
kind, to which 1 am an entire stranger, when
there is nothing like proof, that there will be a
farthing deficiency at last, but only that the
money is not yet come in.
I l>eg leave to observe one thing more, that
1
the Masters, that are now called the deficini
Masters, are not one of tliem in custody;
though it is made an Article against roe, that 1
did not commit Mr. Dormer, who was in Hil*
land. Therefore, since they are at liberty, i
must be taken for granted, that the lords om-
missraners had good reason not to eomBJI
them; and yet their deficiency, which is nsti
crime in them, sufficient to justify the coiDiBit*
ting them, is to be made a crime m me, suffici-
ent to suport a charge of High Crimes ul
Misdemeanors. Your lordships see bow 6r
this ought to aflect me ; jjnd I submit, upis
what 1 have said, whether it can support ik
Charge in this Article.
As to the 19th Article, which relates to wbit
was done about taking the accoimts: It
charges,
«< That whereas his most sacred majefhr,
out of his fatherly goodness to his people, A
in or about the monm of NovenAher last, direct
an enquiry to be made into the aoooouts of ^
Masters of the said Court of Chancery, to tk
intent that proper methods might be takes fir
the security of the suitors of the said Comt;
the said lliomas earl of MacclesfieM, beisf
then Lord Chancellor of Great Britain, and sse
of his majesty's most honourable privy cooadl,
in order to obstruct the same, and to preteolt
parliamentary enquiry into the state and eesdi-
tran of the offices of the said Masters, in bresck
of the several great trusts reposed in him, <M
Sive advice and encouragement to the sii<
[asters to assist and supply each other with
money and effects, and dicl represent to the im4
Masters, that it would be for their honour tsd
service, to appear able and sufficient ; and thtt
if they made a bold stand now, it might pre-
vent a parliamentary enquiry, or to that effect;
and did persuade several of them to make^
representations of their circumstances to his
majesty, by adding ft subscription to their le-
spective accounts delirered to the said Eari»io
be laid before his majesty, to the effect folkmifi^i
vis. That they were able to ans\ver the moorv
and securities in their hands, and were willis^
to pay the same to such persons as were enti-
tled thereunto ; although the said Earl koe^i
or had good reason to believe, that several of
the Masters were nut then able to answer tke
balance of their accounts, nor are they yetdWe
to satisfy or make good the same ; and wbeii
the said Masters were afterwards required l»
produce the cash and eflects of the suitois is
their hands, some of the Masters, according l»
such advice and encouragement given by the
said Earl, did supply others of them with esA
and effects, to make a false shew and appe•^
ance of their ability and readiness to aDSWcr
the balance of their accounts.*'
My lords, the two things, which are mdt
the heads of the Charge in this Article, rebie M
Uie subscriptions of some of tiie Masters wiih
ten under tneir accounts ; thai tbcj were alh
to make good the bakinees; •odtbciriAtf'
wards prMUcmg cash, to mdn a ftbe lit*
Jit High Crimes mtit MisdHnetmars,
t toko It,
pfitrtnce of Hie Ir abilHy. Ai to ih*- fiisi ;
Hh'
uaiiii
■ ha
' 1 KIT
mntrri*! jinrt of I he Clitrge
!r^<I Uicm 10 mokr fnlsf trpre-
1 rircuTustancei by u tiihscrip*
li; ,, , ;.t,cw, or bad guod riaium to lic-
tt, iTtjfi fftlne.
Aft ihvm U not Ifm leait proof offered thtt I
w or bad re»!ion lo belief e the subsen|itioii
, tliis Chifi^ 1 Ibink enlircly la lb to the
Upon the proof lUtempted to he mttle, I
tkink ii appcftini.tliQt when Mr. Holfonl broui^hl
iu bis HccouQtt pursuant to my order, lie (with-
ft my kiiowir»4f auy lljinjf of il) b>d wrolt
fuhscrfption at the end of it^ to lhi« effect i
I liavf* all ihcst sttturiutw standings tn nny
tiame, ft» in this account is ipecified, aod wifi
vcuf c certi6cate« from th« proper otEcea, tbit
have nnd bad thorn before thii account, if
ur lordship require it ; lod as to the money,
am ready to ^pte ynur iordi»bip salisfftction to
m demonstration, that I liave it in niy povver to
auf «rer it to erery i^rson, that ftball afipear tn
H entitled lo it, and who can pve uie a legal
" bitfa.'*
'bey fay, I rtid it, and spoke of it with ap-
lib^Uon^
There were only part of the Matterv ready
fbb iheir accotiutft; and Mr, Lofibond «ra9
le ncxtf that dehtertHl me biaj and be bad
'folcto ibe «ame effect in tulwlance ; only m
the caib, he wrote tbnt he was ready to ^ve
■ill
rd«t tftery body knovra that he was nble
er it ; and lie »>*ear» he had il ready ', and
wai able to biv** paid it iIiq next flay ; and be
ipjiears to have Irnl JC>.0<X»/. to a brother Mam-
tcr on that occaiion. I \\a% therefore surpriz*
ed to lec bitn miike uae of an expre^siont h hicb
looked as if he were not aide to \>r>y ibe intiney.
And tJ)K>n that it wm that be y^w 1 recoTii-
mended lo bim to ni-ike n<e of ibe itame exprei-
iion, a« had alrendy been Ufid by Mr. tloU
and fo accordioK'ly be did.
Tbomat Benuet bod* iubscribcd before he
lelbu^T ** 1 have all the icturilies standi
in my naine um in ihc v^iihln account are
cifietK oM nht* the titUiei^ order** an<l boudv
niy custody:*' but bod 4fttd nothii»(r of the
: be •vrcnr^, that I laid I wiihed ntl
Hiftke u«c vi iUp. iiarne furrii •» Mr, Hoi-
kd dune: ami tlial it ivould h^ for Ibi^ir
bottr and iierrice to npneitr able and lufiQt'ient.
tayt, that Mr. Li^tiUmufi, m I remember,
kcd mUiU was the rnraoioi; of tirin)(int( it be*
the comniitlec ? and that f iKtiil, it would
I a tnei^ti^ to pn*vent ti purbameutnry enquiry ;
at I (hd iitit uKk bfU) whether be wii able,
lie; 1 inppofe he mesms
n»; for I do not up|ire-
' it tnhiin in ptiriicu-
. ihil he made I he
J^ Iruf, or r\|tn*»9^1
iriluniis \i-*ir lurdUiips
lie wat , not to write any
^ tttrietl) true } »nd that
tubscriptton, he look
therefore, In
leave out Ibe %%"»)rds '* to a deinonfitration/'
which are in Mr nolford*t. And Mr. HoU
ford*j( »iib<icnpiiou rtinniofif, ^* And as to ili
money, 1 aro ready to t;riee your lordship i
(iction to a demonstration, ibat I hare it in my
{10^^ er ti» answer it lo eyety person ibat abaH
np pear to be entitled lo il/* ie. Mr, Bennet
ronld not come quite up to this ; but be sub*
scribef, ** And aa lo tb« mone}', I am reaily ta
give your lordship aatinlacliuo, that I am able
trt answer it to every person that ia entitled
thereto." Tbisr, therefore, that be has unit*
fcribed^ is, I aoppone^ if be i» lo be crediteil,
exactly true: aud if so, f have not perauaded
bim to make a fal«e subscription*
Mr. Kynaston »ayS| it %tbs recommended to
them by me, to make ancli a subscripiion aa
Mr. Ifolfonre; thai I said^ il would look wcN
to the couricd, and prevent farlb«rr enquiry or
Imrliamentnry emjuiry, or some other enquiry^
le knows not which; so be complied. Buf,
my lordA, bit subtcriiMroD ii not what I recom-
mended. Mr* Holfnnl only undertakes to
shew he had it in bis power to answer the mo-
ney, Aycc* that is, that he either had the money
or etrecls, wliicti being disposed of, would
raise it, Biit Mr. Kynaston jfoes farther, he
says, 1 aro ready lo pay it to the |»ersoua en -
tilled.
Mr. Liglitbftun heard nothing: spoken of the
uuliKcripfion ; he went away to hiiish his ac-
ptiuntN, w»' ■ f' ••'"^ not comjdeie.
h\r. J I [ was not there; but at his
r >iiii:»iT ^ . _^ : t what f bafe said to the
% wttbont fcruple, subscribed without
; Ling' to hitn.
Mr. Ed«<»»rds !«ays he wa^ able to pay ft.
Mr. LoviJHind wan calM hnt ; but I befhre
l^arc an account what he saii).
Ho Ibat of the uix Masters who made sub*
itription<i, I spoke only lo five.
Three of them bare prueed tbem^elfes abb
and I believe noliody duublt it.
Mr. 7*homa« fleiinrt made no objectioD or
iliBiculty, and has been curious not to let bis
cy»*e«Ml UiQ irulli.
Ml. Kyna^ioi) b»8 roluntanty ^one beyond
what I cfesiiod. And f noike no qnenliori but
Irtf i*Mnt-Tiir tiiiirseh able to auvwer it, tliougb I
d*)ti .^' ready*
1' the lea»t e ride nee offered, t hot
1 knew ,\lr. Kyotiiton and (\Ir, Thomas Ben-
iiel were not afde, or tmd rr*iion lo beliere or
siiapeei it i* No; on the coiirrary, Mr. I^ti-
bonri, tfirrr nwn wttness, \*bo {^ one of the
Mn i v,ihi auioni^ Ibcm, told your
Ion 'itb,t1irit by their cctnteraa-
tion he believed Uiey were able to make good
Iheir aocouuta.
In ibe ' ' ? ' * ' ve,
tliatlhe^ i^
rities reati\, nuM iiuunmm^ u%
Ibtfir acr'ountf, wiOiuut my <: m
In which point Mr, Ltphlbym-, ...... ..,t j^^it
Article^ iboiigbl Ihere Miis ih»' iiKxt d^n|fer.
As to lb ft vroidi, *' TUi^V \\- ^t>\3^\ >^ S«^
tkcir hoQoar or service to appear able aniJ
tutfioieni ;"
I will uiii he posilire as to ibe H^orils^ wlie-
iber it were ** to appear &tile/' <!kc. or ■* (o
AirJce it a^tpear that they were a)»te," Sec. In
• Jklr cou!*triiQli«ii» the aense of ihe 6rst is the
pame oji the Ulter.
Wheu Mr. Hoi ford subacribes, that he ji
Me to pay to every person, who shall a|»pear
to i>e entitled ; er, ill should «ay^ Mr. ThcNDas
^oDet appeani not uo tUir or aule a nian as 1
I ibrmerly thought iika ; itoaa it import cwly a
r'ialse ahew' ?
jia lor what is taid of *' preventiDg a parli^'
Okienlarv eufjuiry ;"
Mr, I'hninaii Ben net represents it lo be spoke
ill &iisiver to the quei^iioft, what wastlie mean-
I iag of brini^ing' it belbre the convmitue ? And
I BAy% my answer waa, That it would prevent a
i l^ar) lament a ry enquiry.
I If I ftaid it, the reaaoii is <4}Ttotis, and the
I |l|inf^ innocent
J t ia notorious, that the last sumfntr there was
I m (Treat cUmoiir againiit Maatcre in Chancery}
JM'bieh was heit^htened by some di»btttes they
jsaiured in the Court of Chanct^ry i Ihut it win
L ffieDeraUy fa^Ueved that it would corae into par-
|i£aikieai; and I am persuaded it woold have
L into par] latnect somelliio^ sooner, it'iht'
amitlee of council had not taken this matter
Dto coQHideraUoQ.
I ^tn hkewise persuaded » that had the Mas
ftiers all been able to make ^od the money in
"tieir handi, and proved thst they were so ;
ad that they Imd behaved theinaelves well ,
I Ih^t ttie lords ttf the cotnmittee, after find-
ring their accounts right, had proceeded to nd-
Wvise proper regulatiouR, the matter would never
re come into parliament with respect to
bem, whatever it mi^ht ai to me.
And at to them , 1 believe they were not de-
LiiruuK to have the matter in pariiatnent, becau&e
bof the vaat trouble it muJtt give them, had there
pbeen nutbingeli** in it. And it waa natural fur
pe to tiiink, thut oolhing^ would more tend to
aake ihem ea»y, in complyiug with whiit the
^committee should thiuk ht, than by letting
em know% that if it gave thetii trou&le in one
apect, it ivould ease thcni more in another.
And m far 1 thHiight it for the kinf^'s ser-
vice, and my duty^ to hasten the accounts be-
fore the council, anel to use :iU iiieaus I could to
have tliiutjfs carried on with «>peed and effect ;
tliat aucb m em l»ers of parliament aa had their
ey€3 on tli s affair, murht plainly aee that pru-
fier meaiiurfa were effectually carrying on by
the brds ; su that there wuuld be no occasioo
lo take up thi^ afftiir in parliament, or for the
kgifilature to iuterpo&e*
But tis to my own ibare, I freely own 1 had
not the leiisi apprehenaion of what haa aince
befdleo me.
1 WAS m lieir from obstructing the takinj^
iheae accounts, tbnt Mr. Jloltbrd Um ititormed
^our iurdshipit, tliat when the ftrsi order wa^
such as H oufd retjuire a tery Uug \\TO«i \tt he I ««««,
mfmpUeii with, I pressed them »o| to laaWu^^Ww
of that a« an excuse r*'- * ' - hot tobiafj
au account uf their pr' mca^t aa^ ilrf
the lords koow the rea^s^..,. .,.,« theo v^ ^f -^
far more perfect accounts, if siieb irfi* >
qutrcd» which were not.
As to their making a false shew nf caiit p
Buaut to my advice aodencoitrureiueut
They have notoflere^ a word
thinj^ siiid or done by ij|^« 0r by « i
ceruiiig any part of that whole iiM-*rr , ut/j
bad, I am sure whatever Iia*! ap^.<^j«;u u la
doaeby me, would at the sauie Um%^ liA^eif^
pearcd not capable of ibc coostruciioa la ik
Article.
But iti stead of that, lliey liave gir^ a fi»
fui»ed uitcertiiiu n. i m f .', '
pa&sed between iM s
lerf; but urier t:*dic*i .Vi* t
it home lo me, nor any wa^
any tljiii^f of it, dlher Ijcfore ..4 .
I really underatand it at last* 1
lw?ud that Mr. Coitiufthain acl\
furnish ojie another with rnone^, hut «»
securily ; nor did they do it- Nor
what harm it is, »f a IVI aster, li^,
for tnooey, borrowa it of anuihct
giKiil security.
The only peraon thai iUey seeoj to lTt««
fraud upon, is Mr. Conway ; iuid, n
pears very odd, only by his own t^.
ami yet he seems to justify h : i
But if not, there is no pn luijj
supposition that ! was any wav jin^y to
assisting in it, or Uiat I liad any tbe Icaat
whatsoever in it.
And therefore 1 am not guilt j.
4
On the aoth and Stat imthiog^ baa
fered.
My I«rd<¥, I have now (i^cine throiigh aO ilf
several Articles that have l>eeii eudc avoord »
be supported against me ; ami 1 think I wt^
say as 1 did in the heginniutr, that exceut iM
relating to the disposal of (daces, whivh »k«^
anuilier kmd and another cooRiderution, all lk
rest must, lo tie made cnmiualt turn iipoal
agfcrravation in the Article 9«
uate, wicket! and corrui * '
to my sel f e%ces&\ v e a n 1 1
profits by divers m\just ai.
after meoUoned.**
It issuch a corriiitt htnrf nrK. ^^^n chttfe
actiooa, that in th , ui, id
some of them perli ^^ _i_^_,..- mta l»
jnauy crimes.
And yet it is very exlraordinarv. and sc^m
|iosiiib]e to be conceived, liut \i
been such a corrupt heart, n u
out upon some otb«r uccasiuij ui my [i^ }i^
one instance of my whole Life Uaa been y#
produced to shew it.
Several of those under me Uavr been nft^
mined ; several olEoers imin^diattly muntJ^
on me, that receitfd comai durable una6t> J0
aalahes, to tlie amuiiul of 3 or 4,000/* fV
auuuQL, and mure ; if I had aei mj hmtt Hftf
froiii my i
v'|*jftt-^ijf e pra
irf nr K
Jier High Crimes arid Mi<dente€meTS4
made, anD^ogsl those vrhom 1 batl
^^mnmty ai in*'rov, mnl in \mwgte* But Uicrc
^B^os no Biipe&rAiice brea ffHior! of iioy tbtfii? ot
^^piat kind : And is it nol more likely itiAt 1
^■ilroutft have laid hoi J at' a certaiii prufit, tbais
^P V laviAi; FidivnicH fur nd vantages upon the un-
\ oertaio ooating^eftcy of the ulea of Ma«tcta
oflicesf
The raliw of sach an ^pfctatlon ia a mere
tfil!»; aod with r«»f>eci lo the pr^JiahiUty ol'
ili hti(iperi(Uff, it uraa #iooe(Jin^ uncertaiii,
wii«ilht r I nUmM have an Ofiforlijnlty of putiiiig
in one s^un^le Maat^.
Three Miusi€i^ hare hsp}fen€d to the in my
lime ; and two of tbo^e rii less than the space
of a year; But I think not one to uioe years
Wlbre.
My lord Cowper sdioitled hut one iu Ibe
laM Ume of his tNHiig- ChaiicelloTi which waa
Ibur yeai* ; and that waa upon a aurrender,
There ane i<i cnrattora ; only one has died
in my lioie : 30 GOMtniaflfOiiafa of bankrupta ;
only oae died iu alxive nHx years.
Hurrcudera of the oiBoes of M»«fters are rore-
ly tilhiArr i^ or 17 yeanti Boneiunea 30 or
^■40 yt;i»r» t^ujoyroHit.
^B lly (it'e w&i «ery noeet'tain : The oflice of
^" Chwicellor much more so.
L»ul^ tiierefore ns to lie hoped from ihc
prw^fUtci h<r fnude by IVIanters* plates.
Mj hffds, in ih« next pi(ice I at^prehend^ that
k a^aarv 1 did uut take tlie advauiage 1 irught
Have taken.
When the time caine lor me to reap the fruit
gf ail my contriraiices, all lhos« schemes and
atratig«ins, the wnrk of ahuve three years, (a
grval «{»ace in the time i»4' a Cltauce'llor) see,
whe^hor there he the li^H^^t mark or syoiptoin of
I IIhh hr»|io(cnt desire of i^aiii I
I \%h4t I did^ proves beyond all contradiction,
that I never Imd any »Lich rtewa aa these I hey
lay 40 luy charge.
t i«iok noi the adrant^^e I mig^ht have
; I took a le»9 sum, when a greater
offi^rtHl ; aud part of the monry was
l«turiied a|r«in to ^l\\ KIde tiud Mr. Thureftoti.
And when Mr. Thum^^uS money was* relurn-
#d; only fnr bein^ more than H was e)cpected
!• be, every thing' was in the same atate aa
when it was paid.
And )ioit%thiy your lordships will think, from
aome other evidtfnce ifiven, that amftMiog a
great ««tate was never ray view ; ntuhhat ra-
and base ways < money are
i oonsialrnt with my v, 14^ it out,
TuH answeY »o ttie it'ur^eof my
. and the whole mttlnn>itv of ah
rrreso-
. . ^-..-. -^^ there
.^ are flatiafied «f CHta
at»jin-hpnd the atmg of tbia itn*
tiiken out.
iving thua gois* thraugh aU my
obaenatkittit it may poatibly he expected t
aJrQiild ckwethcm witli olTenng something in
general : But I tliink it properer to forbear.
1 am not conscious to roywelt, iliat it if na-
ees^ary ru this case to apply to the pasaiona;
whrcit is a common aKitice to assist a weak de*
fence. If 1 have done any public or pnvate
gocxl (of which Inift »ome specimen ha« been
JBid helbre your lordsliips) it will, I am coo-»
tideol, have its full weight.
I snbmit my whole life and conduct to yoiur
lordships* judgmeat ; and nsly entirely upon
your juadce (or luy acqmttal.
Mr. Flummer. My lords, I am not ^oing to
make any ol^erralions upon this speech ; neU
ther did I interrupt tht» lord in makinj^^ it. But
une thing t am to say for form bake. We pro-
duced to your lordfcbip«t u copy of a ktier writ
from Mr. Lighibaun to my lord, he hath now
read the original tetter ; 1 de»iie that the or^
g^inoj may be dellrercd mlo court, that we m^y
have the |ieru«al of it.
E. of Mncc, I Mievc the tfentleman is per-
fectly in the tight of it. It is liere.
[The House adjourned to Friday morning
next, at ten oVJock.]
T»E Tbkth Day,
Friday^ May Sl«
The Lords being seated in their lloaie, llie
aeijeant at arms made proclamation for si*
As also the other proclamation, That alt
lence:
persons concerned were to take notiee, that
Thomas earl of Maodedield now sinod upon
hta trial, and they might come forth in order
to make good the Charge.
L. C. J. King, Gentlemen of the Hottse of
Commons, y«»u may proered*
Serj, rengcli^. M v lords, the part as^gned
tome in this Impeiicbmciit * • -t-- iSr* earl of
MaecWriehl, is to reply to icc upon
the Fifth, Hixth, Seventh, Llg: .., .,ii.lh, Ele-
venth, and Twelfth Artides.
Belbrp I pn\ri \nin ihf particular eTrnmtna*
tioo of :.jj3\insrt the t'barga
of the ^ l m these Articles,
and of the mattera ait^ged, either in ju^tifica-
tion» or excuse of the lord im^ieached : 1 shaH
take the liberty of observing,
That your lonlKhij^s are now exerciainjf a
power of judicature, reserved in the origmat
Irame of the English constitution^ for the po-
»i ,' '" ces of a (mblic nature, which
m tion; as well in instances,
wiitr^ ine iruenor courts have no power fo
ptioish the crimes cooKnitied by the ordinary
rules of justice ; as in cases within the jnris*
dietion of thecoiirts of Westinihut* rhnU, where
the [lerson offcodtng is, by his d* gsee, raised
above the apnrabansioa ordatiger, fi^mx a pro*
aecution earned on in the more usual course of
justice; imd whose ex;ilted station requires the
united ttccuvalioti of all the Common* of Great
Britain, by their repretentattfes iu parHarooot,
4a
ISSJ]
10 GEORGE L
Tfud of the Emrt qfMaedeffiddp
[IS9
Thb high jurisdiction may be enrciied for
the preservation of the rights of the Lords and
CotiimoDS, against Uie attempts of powerful
eril ministers, who depend upon the nifoar of
the crown ;
Or, it may be put ill execution for the ease
and relief of a good prince, whose bobour has
been betrayed by a corrupt servant; and yet,
whose clemency makes hira unwilling to pu-
nish ; 8(» that it becomes necessaiy for his faith-
ful Commons to take into their care the prose-
cution of such an offender.
Former reigns have supplied your Journals
with many examples of the first kind.
llie present reign produces an instance of
the latter sort, wherem the Commons brinff
before your lordships in judgment a peer on
fending, with the greatest ingratitude, against
a most just, and roost merciful sovereign.
For, the king's royal muuificcnce bestowed
upon this Earl, in the most abundant measure,
could not exempt tbe inferior officers from his
exactions, nor protect th^ suitors and their pro-
perties in tbekmg's own Court of Chancenr.
The general crime charged upon the Earl,
in five w these Articles, is extortion by ootour
of his authority as Ix)rd Chancellor.
The offence alleged in the other two Ar-
ticles, is gross and wilful negligence in bis
office, to the great damage and loss of the
•uitors of the Court, but to his own private gain
and advantajge.
The particular exactions are his taking 1051.
from Blr. Thomas Bennet, for accepting tbe
reiigiiation of the offioe of Clerk of the Custo-
dies in the Court of Chancery, in order to ob-
tain a new graut to Mr. Hugh Hamersley, and
procuring the same to -pass the great seal ac-
cordingly.
His exacting 1,500 guineas from Hr.
Kynaston, for the admitting him to be a Master
ofthe Court of Chancery, upon the resignation
of Mr. Rogers.
His exacting the like sum of 1,500 guineas
from Mr. Thomas Bennet, for the admitting
him to be a Master of the same Court, upon
the surrender of Mr. Hiccocks.
His exacting the sum of 5,000 guineas from
Mr. Elde, for the admitting him to be a
Master of the same Court, upon the death of
Mr. Fellowes.
His exacting the like sum of 5,000 guineas
from Mr. Thurston, for tbe admittingnim to
be a Master ofthe same Court, upon the death
of Mr. Burret.
Tbe la&t Article relating to Mr. Thurston is
charged with this aggravation, that the former
Blaster was dead insolvent, greatly indebted to
the suitora ofthe Court ; and tliat tbe Earl did
not secured just satisfaction to the suitors.
And the exaction ofthe 105/. from Mr.Tho.
Bennet, is alleged to be done when the Earl
was one of the lords justices.
These misdemeanors, as well as all the other
•ffences, of which the Earl is now accused,
were committed by him whilst he cxoouted the
•fficeof Lord Chauoellor.
From whence the Earl and hie eoonsd taks
occasion to make a triumph npon the suppssd
justice and regularity of nia adminiilration ui
eondtict, when he presided ia the Cmiit d
King's bendi : becausetheCoDimooshavcMt
produced any misbehaviour in the executiaid
that office wherewith to furnish oal an Ankh
against him.
This may be an instance of the lenity of thi
Commons, but it is no pfoof of the Bart's ti-
noceucti ; who best knowing bis own behaviour
declines to abide the examination of biia^
tions during the six years ;of his cootinoMfli
in the office of Lord Chancellor ;
But flies to a sanctuary fiir indemnity nd
discharge ; which shews, that the Eari «>
teemed himself more secure uuder shelter, ikM
upon a justification of his conduct.
And the success of the Commons, io tk
very strong and full evidence, which they hstc
laicL before your lordships in maintenance tf
those Articles upon which they have proceedsi
leaves very little reason toima^ne tha^tkj
would have failed in their proof» if they had
extended their inquiry into bis former life, cr
had entered into the rest of the Articles.
And after the strict and long oxaminatioa of
witnesses, which has entertained your lordsbipi
for so many days, I may venture t»say, tbt
the consistency and uniformity of the jnsi
given in support ofthe accusation of tbe 6oia-
mons, upon so many different heads, are sofi-
cient to convince all the world of the neoesaiy
which there was, for the honour of the kisf,
and the welfare and satisfiustioD of the natifls,
to carry on the present prosecution ;
And,' I hope, have, already fully^ satisM
your lortlsbips of the truth and justice of tkt
Commons' Impeachment.
But as there have been several objectioM
made on the behalf of the Earl impeached, «
well to the foundation of the Charjce itself, sa^
to the event and consequence of jt, aa Io ike
sufficiency ofthe evidence ofthe facts allvfed;
it will be necessary for me to give an answer is
these objections, and to maintain the Chsrss
io these respects ; which 1 shall proceed to do
by shewing, that the impeaclin>ent is wdl
founded, and that the facts io the Ankles bcfoa
stated have been plainly and fully proved.
The Earl himself began with insisung, thit
his general oath of office baa no relation to t^
offences charged ; and that no inference cm
be made to his prqndice from the tenor of thai
oath.
But the Earl's remembrance, or ezplanatioB
of his oath, is very defective ; he has set it oat
at Urge in his Answer, and thereby he swesrii
that 'I He will well and truly aerve the kiof,
and his people in the office of Chancellor, wai
do right after the laws and usages of tbii
realm ;" which comprebenda the obserrttioa
of every thing, which is part of the duty of, «
incident to his office,
And the avoiding of every illegal and uysiC
action in the execution of it.
And tbeomissioa of any part of hkdflllfi ^
'S mtd Misdemeanori,
A. a 1725i
itlic <?ommiuton of any offence ogroiost the ifoty
*©r his office, h a breaich of ihjji oath of office,
tlibou^fh the iitrticiilars are not enumerated in
I'lilccmili ; anil the coatrary ojMnkiM it ill 0|ieri a
rio the c^mmiisision of all raaiuief of in-
and ra|Htie by civil officerf .
be £arf hkmrtse relies upon it, tbal the
whole Charge turns ti^iou hi^ w «rtfetJ and cor-
rupt intent and vipws nlle^t^d in tlie introduc-
mi» fvbicb (as he layt) hive not been made
But these will l»e apparent frotti the proof of
the sereral facts charged ; whicli, if they are
ttnlawful and unv^ar ran table, and do tend to the
fMaiii^ money by corrupt and extorsive mca-
snres, will manife&t thiit intent, and prove it as
Btronifly as if be had tleclarcd his desi^DS in
open Cotirf • *' - Ttich acta cannot be done
with t go<» st intention.
The ma..; „.,..,, inn a^rainst the Article is
that there is no matter of a crtminat nature
conlaiued in the money Articles ; or if there is
« CI ime, ) et lh:it lliere is no punishment an-
nexed or inctJent to it, which your lordships
emu now ioSict i}|>od the Earl, aher he i» re*
mofed Irum hiaofhce.
In answer to i¥hicb T shall insist, that,
The Earr* selling these offices^ or dUposing
of thetn for money taken by him before the
admission of the succeed itifif ottic^rft in the man*
ncr alltged and proved, is an offence at the
dMnmoii Jaw, and punishable by tine and im-
|iri«oomentf upon indictment or information ;
•S well where the money was taken for an ad-
mission upon a resijfnftiion, us upon a death.
To moke out this, it must be considered, that
The kitt^ bating^ the executive power, or the
admttiistration of ordinary justice, lodg'ed in
him, i* in canHei^uonce obliijed to proviJe and
mppoint capable and sufhcient officers, necessary
fer the due execution of jfr4»tice, in his f^everal
i, for the beuetit of his subjects : bis coro-
I o«th pn»ves this,
fiid accordini^y I he crown has always paid
be salarien or fecu of the T^jrd Cliancj^llor, nnil
r principal ofHcers of justice, and also of
Hy Inferior ministers, out of the royal reve«
Rtic ; and other wubordinate ministers were
tnaintainrd by the chief otficer, to the end lli»t
lh« subject should not be exposed to exaction
0r Oppi'tMiiou, under pretence of any demand of
or reward by the uiiuistcr^ of public justice for
the exttcution of their oHices ; which is the
aourc«? of all that corruption, which at any time
iprinipi up in tht* courts of iustice*
I The ancient law of Euglaod was, that none
^■Mtiitff any ofiice O'nceruini^ llie adoiiuistra-
^^Boii of luslice, should take any fee or rei« ard ot
^^Btiy subject for the doing of his ofiice, to the
^Bvnd be might be t'rfe and at litierty to do jus-
~tic«. f8ut. Wettm. U cap. 10. A. 3. Ed. 1.
Co. 9. innt. 176, $09, 310. Co. 9 Init 145*
X47,l4tt,l
And sevml charters of former kings, and
flUlHIca 4«clantory of the common taw in that
I fipdOt,.haft bf^n madts lo uitarce the due ob-
nnmite thcnol, tm^
8tat. Westm. 1, 5 Ed. i. c. «<$. SO £d. S,
c, 1.
My lord Coke, 3 Tnat. 146, saySt the 9i") Eit. 3,
c. 1, is only a commandnivut of the king; and
that there is no reconl of any such act in
any parliameut roll, and ret necessary to be
pnnted, becansethe 4th chapter of ibis parlia*
meut refers to the pains cont&iaed in il« [Co. t
Inst. 74, 176, 209,210.]
Yet, if it be only the kinjf's charter, it is m
declaration of the common law at that time ;
but it is printed in old RastaPs edition of 8ta-
tutes, foL 89* and in all the rest of the printed
sUtQtes. [Co. 3 fust. S$4, %U. Co. 3 Itist,
146, cap. 68, of Biihery, Extortion, ^c]
90 Ed. 3, cap. 0, and more particularly the
act of 11 U. 4. Rot. purl. num. 2d, by which it
is enacted,
** Item, Que null Cbanceller, Tresorer, Gar-
detn de Prive 8eal, Couuseller do Roy,* sere-
mentez a Counsetl dii Roy, ue null autre ofhcer^
Judge, oe ftlinistre du Roy, prenant Fees ou
Ga^ de Roy, pur lourdltz Offices ou Services
Kreigneen null Meneve en Temps aveoir ascun
f aucre de Done ou Bi'0ca(j;e de nully (K>ur lour
ditz Offices el Services, afaire sur Peyn de re-
spondre a Roy de la Treble de ceo que is^i pre*
ijt^uont, et de satisfier la Par tie et punys at
Vuluotes de Roy, et soit disohargez de :ioii Of*
ttce, Service, el Counseil pur ioui» jours, Ace/*
** Item, That no Chaticellor'* (this high othcer
is mentioned in the iirst place by name) •♦ trei-
surer, keeper of the privy seal, counsellor of the
king,* sworn of ilie kiuf^s council, nor no othf r
officer, judge, uoruiintsterof the king, reLcir*
ing fees or wages of the king for the said of*
f\ce« or services, take in no manufr in time to
come, any manner of gift or brocatfe of any
jterson tor doing their said otlice^ nud services,
upon pain to unswer to the king the treble of
what ibey so take, and <- - '^ ^^ ^Ue party, and
to be piimsbed at the ki ire, and shall
be discharged from his ui..^^, ..: uce^and coun-
eel for erer^'' Ike,
This statute is entered on the parliament roll
of that year, umtmi^vt the records in tht; Tower ;
it is not indee«l entt-red ou the statute roll : but
the parliament roll \h tlie originaJ, and is the
warrnot for the statute roll, and is therelbre of
great c?r authority.
In the margin of the roll is entered thits, vii.
** Respcctuatur per Dootinuio Principem «rt
Consihum."
Ffir w hich reason my lord Coke says it was
never printeil in the book of statute*!, of which
he highly cotni>l«itt«r ; alii! thert tore has reeit«d
it at large, snd cauitcd il to be printed in hie
ad InM, foL 146, c. Oil, of Bribery. Estoniou^
^c, and c. 101, of Judgments and tsxrcuitvos*
fol. $«4, 'i1?5, which is one ol thr ftrst books re-
letttig lo the crown law, reail by tbr »tuileels of
the law, and was thus pubtts hrd by Uiat grfsl
man, to impress an early abhorrence ol tvvty
• N. B.
tliii word*
The pristtitl books hate auitftkia
10 GEORGE I.
1SS5]
tbiDg which may tend to extction and extor-
tioD ; aud must nave oftea come under the ooo-
■idenition of the impeached lord.
These statutes ha?e indeed been opened, and
altered by subsequent statutes, as to sereral in«
ferlor officers ; and some small fees have been
anciently allowed, and permitted in particular
cases ; but it has been obserred, ^Co. S Inst
74, 209, 210,] that irom such mdulgences
many oppressions of the people have ensued.
But the common law and the seireral acts of
parliament before- mentioned, do not only still
remain in force, with respect to the Lord CJhan-
cellor, but have been confirmed and enforceed
by other statutes.
And the fn^at chsrter of our liberties, Ma^nia
Charta, c. 29, Co. 2 lost. 55, 56, does imply
this, ** Nulli vendemus Justitiam aut Reo-
tum ;" Mi hich, aeconlintiir to my lord Coke's
«»mmeiil, is spoken in the person of the kiui|^,
who in ).^'>v Ih pri^eiit in his own courtA of jiui-
tice, an'' rt-penlint^ these words, which (says he)
eitcnd lo tiie end, which is justice, aud to the
mean, wbei-ebv jii<-tice may be attained, which
is the law ; o*i , a> it must be understood, the
administrati%)n of *he law by the officers of jus-
tice ; unless it can lie suppo8c«l, that the statute
providers against the lesser evil, but allows the
greater raisnhief ; that it prohibits the sale of a
parriculur decree or order, which may be right
and just in itself;
liut leaves the king's superior officer at li-
berty to sell the whole body of the suitors of
the Court in the gross, to the exaction and op-
pression of the under officers, in the fees which
me^ shsll demand against law aud right.
bo that if the Earl impeached had exempli-
fied this rule of my lord Coke in the Court of
Chancery, where he immediately represented
the king's royal person ; and once m a term
sitting in Court between his blasters, who paid
for their plaices out of ihe suitors' effects, had
repeated to tlie suitors this glorious declaratinu,
** Nulli veodemns Justitiam ;" he must have
made a very inconsistent figure, in the opinion
of the meanest capacity.
It will then be pUin, that as to snch offices,
which are in the immediate gill and disposal
of the crown, they cannot in their own nature
be saleable or disposed of for money ; because
the king himself cannot be supposed to suffer
them to te put to sale.
And the ministers vf the crown, who hare no
immediate right in the office, and are only to
execute and confirm the king's pleasure in the
disposal of the office, cannot sell that which b
not their own ; nor ought, nor can they law-
fully take any fee or reward, lor acceiKing re-
aigiiations, or making new trrants.or admissions
into pUuMs, or for cooferriuff inferior offices,
with which they are entrusted by virtue of their
•WB office ; wliich wonld be the taking money
lor the doin^ of ilieir office, contrary to the
law, and tlie before-mentioned statute.
But Ihrre is anelber very good act of par-
Namenl, which Ims bcea raad at Tonr lardahipa*
Uble,aiid prorca thia pnciioe at' aaUiaf wadk
rriid qfthe Earl qfMa^ckffiM,
offiooa, to be an nffoiee at the
VIZ.
19 Rich. S, c. S, entitled, '' None abaU 4^
tarn offices by suit or for reward .*' [Co. 1 li*
134, a. Co. 3 Inst. 145, 147, 148.]
" Item,it is accorded, that the Chaocellor"(h|
express name) "treasurer, keeper of Ihepnij
seal, steward of the king's house, the kisp
chamberlain, clerk of the rplls ; the jnaucts rf
the one bench, and of the other : barons of tk
Exchequer, and all other tliat shall be called H
ordain, name, or make justices of the pcsoi^
sherifis, escheators, customers, oomnliiittei%
or any other officer or minister of the kiif,
shall be firmly sworn, that they shall not o^
dain, name, or make anv socli nfficcn, sv
other officer or minister ofthe king tor any gift
or brocage, favour or affection.'*
The act proceeds farther in a difictent km
of expression, and to another matter :
** Nor, that none which pursuetb by him, or
any other, privily or openly, to lie in any bm*
ner of office, shall be put in the sanae office, ir
any other ; but that they make all auch tit
ficers and ministers of the best and most iawM
men."
The Earl apprehended the stress of this it^
tute. and how much it pressed upon him ; ai'
tlierefore has endeavoured to dl^tiug1lish hish
self, not only out of the oath, but out ol ikt
entire act, by objecting, that this statute, mk
the oath therein directed, only extend to vtA
nominations as are made in the nature of dic-
tions, by an assembly of all these gmat oflion
and ministers, when they are called togftkr
lor that end ; which word ' tofirpther ' is oi Itif
own inserting, to serve his purpoM* ; as «ii ibe
case of sheriffs, and not to thtir siusrle and ie-
parate nomination of otHcers, in right ot tber
respective offices by themselves.
This is the EaH's own objection, and not if
his counsel, and will (if allovied) expound awiy
the whole act, in all the express instances ni«a'
ticned in the statute, save one ;
For there is but ^ne officer named in the ad,
who is nominateil thus in an as^semdiy or pn^
lie meeting, which is sheriff; and ail the rol
are onlainett, and made 'by the great (»tfioiis
separately, in their own right ; as juices if
peace by the chancellor ; and csf-heatur^, cis-
tomers and coniptruUers, by the lord treaserff.
And the rest of the wortis of the act, vii.
'' Or any other officer or minister of the kinf,"
vrill be totally expunged by this nice interpre-
tation.
But the words plainly mean, that every sM
of these officers, who by virtue of bis officii
shall be called (not called losfetber) by coo-
mand of the crown, or in ezecuiion of' his si-
fice, to name or make any infenur officer, ibdi
be sworn ; for they never are all called lo^
tber, unless on the nomination of shenfiii.
The Earl, for more security, and for the ab
of better oompanT, objects ftrtber; ibst the
anrument from tLis set and the oath wil it
too far ; fer tlnn ikej are awem net to pmv
any who make mit or appUcatiett faraif iCH>
1817]
Jiff Higk Cfimet and Miadmnoffvrt.
A. D. 17«.
Bui liiit if ao virl of Uie €«lb s iiii4 thcY nre
9iiljr tworn M Imr »« tbe stitute estafiils it,
iMiich it 10 Uic former pftil ; and this clause in
Ht eoiicluslon of the act is otilj director j, and
hitradticci a new instruction tA» Uie gr^iii of-
fifltfi, kut doei DOt carry oq tlic pm'[>ort of tke
ealli ; lar ttie wor<t9 ftre» ** It i« accorded that
liie cbaucelior/* ^c. (In tbe affirmatife) ^* shall
be sworn, that they shall not name/* ^c. and
Ite acoletice wliich I'oHows is a new claime, b^
f ittciiDgf with a nesilifCt viz. *^ Nor, that none
which |vtir8U««li, Jc6« ahall he put into any cit-
fioe," &ic, and refers to tbe person applying,
%ad not to the officer appointingf.
80 that this latter part of ihc statnte ought
to he obaenreit ; hut the officer is not required
to be sitorn to the observation of it.
This statute takes it for granted, that the
contrary practice of naming subordinate olHcers
Ibr giti or brocage wmi yn lawful before, at the
common law ; sinoe it does not create or enact
it to be ao offence, but provides an additional
eon strain t or obligatioo upon tbe superior of-
ficer by an oath, not to comiait the offence ;
and it still remains an offence at tho common
law, and douH depend on that statute, hut is a
gfctat oBetice, although the oath he not taken.
Tbia statute contains the moat eictene»lf e and
general words, and meolkma ofBcers of many
sorts, and different degrees, as well hi((h ax low,
reliating to the peace, pubUe justice, Aud there*
▼enne; and that no of6ccr, of any kind what-
aoerer, in the king's service^ named or ordain •
ed by the great ofticers of state, might escape
er be omitted, the act concludes tbe oescription
with these words, ** Or any other ofEoer or mi-
nister of tbe king ;"
And thercio manifestly comprehends both
these f»ffic«a of Clerk of the Custodies, and of
Masters in Chancery :
For tliis statute refers to officers who ore only
named or recommended to the king by the
^^anceltor, dec, and yet are oonstituted by the
^png*s letters patents, as justicesnf the nenee^
^tt4 sheriif*, whereby the usarpod fee lor re-
MamietidaUon i% df^clarcd ilte^:a[ ; and alio to
oiber otHcers, who are imuiediaiely constituted
and 8pp*iintcd by the chief officers, by antho*
riiy ilenred from the king, and by virtue of the
trust in them repo«ed for the king's honour
^Md service, and for the brnefit of hts people, ■«
Hksheaiors and others ; and thereby the other
'^B^iended fee for nomination is condemned.
^K0|icriirR and eiehcatorx named in the netware
Htosers relating to the ndminifctrition and exe-
CQtkm of juslice i at»<l >rs more espe-
cwl'yi t^ iti'iui*^ti^>ta^ -tois and luna-
mtf^* *i^'' *be commtsftioRs ajtd proceedings
^Kpreon ; whii!h in the chief part of the trust
^Bid nftice granteti by the Ictv - ---nts to Mr
Manersley, as Clmc of > iUr«, and
" " * '1 was resigned by Mr. k:.^r, i,, smet ; and
ppear by iIm pntrDt itself, that this i>f
I Conrt of Cnancery, lias a very near
1 to the oOioe of eMbatior \ and the ^ant
J folly describes tbe nature and antk|utty of
Uuinfttca.
And as to the nature and ant)<|uity of the of
licejt of Masters in Chancery, they ap|)ear fulls
frocu the oatb taken by every Qlast^r u[>on hii
admission, which is of the same import sod el
fect^ in many things^ with the oatb taken by tb
Lord Cbancetlar himself, vi^..
•♦ To serve the king and his people, and
counsel the things thut toucheih the kmg ;
prevent the di^heriUmce of the kiiig, or fr^
to hitt people ; and not to discluse the counse
which he shall giwe touching the king ; and (
redress damage or fraud in the keeping
great seal, and to advise the chancellor tltere-
of,*» &c.
And also from the ancient conimi«Ld<?ns pn
duceil and read, givii^ the Masters nuthurir
by the name and description of Masters ol t&
Court, to hear causes, and make decrees '*
like manner as the judges assistants) m Uiei
senCiS of the Chancellor ; attd to punish con*
tempts, and to do other like acts of jurisdiction •
Atid hke wise from the actual exercise of their
ofdccs in making reports and taxation of costs,
and the manner thereof proved by some of the
Masters (and not contradicted) as that a Huh-
poena issues immediately upon the Master't
taxstion of costs, without any order or coa
fimiation of tbe l^rd Chsnmlor; that
rf*|)orts in other instances are turnotl into de*
crees of Court, if not altered upon exceptions,
and from many authorities in the law hooks.
By all which it is evident, that the Mtices of
Masters in Chancery are judicidl ofhces. or of-
fices which partake of a judicial authority atid
nature; and do touch and concern the admi-
nistration and executioti of justice in thai
Court ; and that tbe Masters are associated for
that purpose to the Lord Cbaneelbr^ as alleged
in the Articles.
But upon this occasion it will be proper to
recite more particularly the authority of tbe
statute of
A, 13 Edri, 1, called Westm. 2, cap. 24.
*' £t ^uotiescunque de ccetero evenerit iu Can*
cellana, quod in uno easu reperitur brere, 5c in
consimili casu cadente sub eodcm jure, ^ aimili
indigente Re medio non reperitur ; concordent
Clerici de Cancellaria in brevi facieudo, vel at*
terminent querentes in proximum FMrHa^
mentum, Sec, et de consensu juris peritorum
(lat breve, tie conlingat de ciEtero quod curia
Uoniiitt Itegis deficiat cooquerenlibtis in Jus-
Ulia perquirenda.' '
Co. s Inst, Mify, 407, Those here called
Clehoii were at this time, and before, calleil
M«iei*<tn Canceilarife, and were associated to
thf Lord Chancellor; of whom FleU tailh,
** Ctii associentur Clerici honcsti et circum*
specti. Domino Regi junitt, qui in le^ihus et
confiuetudinihus Anglicsuis n<ttittam habeant
picniorem, quorum O tlic in m Mt huo plica tionca
clq'i 'jurrentium Aiidireet Examinare,
et cj Ittatihus tiijuriAromostt*ns3rum,
deUitUiii Ki'Uii'dium ex^hibtTe perbrevia Uegis^'*
Tbegratittng and issuiiig the writ, or first
proceeii MkpQa tbe prayer of the plointiir, or
13S9J 10 GEORGE I.
party proMCuting^, is the (irat judicial act of the
Court, uiion the commeacemeut of a suit.
And this proves strongly, that the king by
Ills royal office, confirmed by this act of par-
liament, did at his own exigence, and not at the
charge of the luitor, provide these clerks or
Masters, to the end Uiat no subject who bad a
right, should be without a remedy in the king's
courts;
*' Ne curia Domini Regis deficiat conque-
rentibus in Justitia perquirenda."
And the nomination of these Masters is only
entrusted with the Lord Chancellor/ as repre-
senting the king, and for the relief of the subject.
IS £drt. 1, Stat. Westm. 2, cap. 24, 50. Co.
S Inst. 407, 486. Co. 1. Inst. 54, b. John
IVebb's Case 8 Co. 48, 49. Co. 3 Inst. 82.
So that it is a breach of his trust, in the Lord
Chancellor, to confer any of these offices for
gift or brocage, or to name and appoint unfit
and insufficient |)ersons ; since it is the duty of
his high office to provide a supply of proper
officers to carry on the due execution of jus-
tice in that court.
But it is said, that it has not been constantly
used to put all the Masters into commission,
and that in the commission 9 Oct 4 Ed. 6, four
of the Masters only were in commission ; and
when they are in commission, that they have
no authority to act without the presence of the
Blaster of the Rolls or one of the judges ; and
therefore these commissions did not give them
a judicial authority.
These commissions, as well as the office of a
Master, suhsistiug so anciently, shew, that they
were to be taken notice of, and compreliended
within the statutes made to prevent the sale of
offices of justice ; and of late times they have all
been put into the comniission, as appears by
the late commissions granted to the present
Masters, since the £ai I had the custody of the
ffreat seal, and produced at the table; and
fwithout entering into the dispute between the
Master of the Rolls, and the Masters in Chan-
cery, touching jurisdiction, wherein the Earl,
in his Defence, has declared, he thought the
Masters were in the ri^lit) the judges them-
selves in these commissions are only authorised
to hear causes, and make decrees, with the pre-
sence and concurrence of two Masters ; so that
the authority under this commission is not less
of a judicial nature, from the number of persons
necessary to make a court, no more than it
can he argued from the same reason, that the
judges in that commission are not judicial offi-
cers, because they cannot make a decree with-
out two Masters.
And although the commission is not properly
incident to the office of Master, as annexed
thereto ; yet as it has always attended upon, and
accompanied the office, it proves, that the Mas-
ters from the first issuing these commissions,
have l>cen always invested with a general,
judicial power, a' they had not ei\joyM such
authority before.
But it is not necenary to rely tatirtly npon
lliBtpoiol; for if tbeMoflicei were only DiDif-
[1310
Driat of the Earl ofAfacdeffieU,
terial, yet they concem the administraiioi
and execution or justice in the Court of Chu-^
eery, and, as such, are under the regulatinif
the like offices at the commoD law, aiisf
fully within the description of the statmarf
12 Ric. 9, and 5 and 6 £d. 6. And thii,fr
cording to the Earl's oDimoOy when bees!!*
▼oured to terrifT the Masten to eoBtribaktt
Mr. Dormer's deficiency.
And as the £arl impeached, in right of kii
office of Lord Chancellor, was only entrwtri
with the nomination of the Masters for tke
.service of the king, and for the conaeB
benefit of all the king's subjects ; these ofioi
are no more saleable, or to tie disposed of fac
money, than if they had remained m theiowe-
diate gift of the qtowd, bj pmnt ondtr tbe
great seal.
It was objected, that Masters in CbiDOir^
are not expressly mentioned in the act of 13
Ric. 2, and that the statute is a penal la», vrf
ought to be construed strictly, and ought Ht
to be extended by equity to these officen:
But the constant rule of exposition ot stataki
of this nature contradicts that asserlioo ; for,
Statutes made for the furtheraiiee aod W-
vanccment of justice, for the suppression of a-
tortion and oppression, which (says the M)
are horrible and odious odnies, shall have i
benign and favourable interpretation.
Ikawfage'sCase, 10 Co. 101, 109. Twioe^
Case, 8 Co. 82. Gooch's Case, 5 Co. 60.
Booth's Case, 5 Co. 77. Powlter's Case, 11
Co. 34.
And upon this occasion permit me to repol
the words of that great man, the lord Coke:
** Extortion is no other than robbery, but if
more odious ; for robbery is open, and has al-
ways the appearance of vice ; hut extortion piiu
on tbe visage of truth, and is more difficult is
be tried and discerned, and is for the most part
accompanied with the damnable vice of peijarv
in the breaking that oath which the officer look
when he was admitted to his office ;" whicb
proves the imnort and effect of the cenml
and usual words in an oath of office, f Uttir-
fage*8 Case, 10 Co. 101, 102. Co. S loc
149.]
And here 1 cannot help taking notice of tbe
attempt of the Earl impeached, by his own
cross examination of 5Ir. Eyrc^s, the officer of
the Excheouer, and the questions proposed br
himself relating to the manner of his beiif
sworn pursuant to the statute of 12 Ricbarl
3, viz. The Earl asked him,
What was it that you did read ? Did 1 »J
any thing? Or what did I do? Orlotbil
effect?
The officer answers, '* I read over the iH-
tute out of the Exchef]uer book in old French;
and after I had read it, I carried tffic Bible W
the Lord Chancellor, &c. who, at the coade-
sion, kissed the book, bat he said or rrpend
nothing. But this has been the ancient §aitk
which I hare obienrcd for forty years, aad I b^
liere has been always used."
In this instaiiGej yoar lordahifanvaaA"
1
1341] Jor High Crmet and Miidmtancrs,
A.D.
[IStt
Imrour of the !«tc supreme ofiiccr of justicCf
Ri|iUtti »wfty, fyf t«rn to ridicak, tlic Btrict-
lADii tnoM ^ • atid oblignlioD upon hiiJ
b^eiertce > ^ iinpofwd liy kullidfity
[ pArliamerit Imi Ute pre^r " raption;
bercb3' tUc linil did then ( nck upon
6 oU^Tvatton made tiy the uunu oi such his
behjinour, he lius a little rec^iUoetetl) shevv,
cjdhtig' O'xl fo wiine^s to his promise
ob»erratJon of ao ict of parliatnenl
hintinct tjtnt viee, dr»rn-i;d to be &s Kttle
;ri, and to have 19 httle tnflU'
ip' nd,
Is Ojiths taken by tr»deni at a. certain place/
ihfir better ncc^ommoibtion in earning uci
rohibited or fraudutetit Imfiio*
Phis ij o ftitt expUnariofl of hit reserve tti «n
|iii»ocal Qo&^Ter, where he saySt *' ThaA when
• touk tbf- usual oath of officr, he at the lame
He touk llie oaths of nlle^^iance and aupre*
\\ Uiii no oath of oibce beMiJi's that abore
be roidd not but understand the
Bg of !'; ' >^" -'uction to the Articlcf ^ nl-
|l0^i *^ 1 ' xnke Buch nlher oddn a^s
been Ui i .r^...i..i «l •/' aud uouM ttot but
iicmber his repetted otiAeiiations of the cvrm-
oy, at least, wh?ch be had annually practis-
I under ihiH statute.
|ioi the EarUs counsel hare made it neces-
ta enter fartiier iftlo iliit iransActioniby
imiftin^, ih^it hen; wa« no formal uatli
or (akcoi u ' rryisiry kept
and tliM the n l t lie statute i*
I or iix^iurtatiott hj the
a*» tnsiatedt thai ' I an
kf ilite td Qtth oi he
nken once (nr nil, iin' inm b
lanouilly ; and if it is an oath of oflice^
articulariy char^frd in tlje Articlci,
(to in anv manner, because the Ar-
il lo be taken at the time of hti
iing into the ofHce, ivKieb was in May
and lhi« oatb, at the- soonest, could not
I taken by him till tli r follovWug^.
fTo this I ani*wer» I umerof adtnt-
iilliiig lk*» oath rs iu tiits uiti&t sokn»n and
int fofm possible ; for the repeating an
fly to oli&ervt* the statute in all tilings,
linuifi^ a abort «lj»tract of the suWaoce
be ne&r 60 exphcit and direc^
linfT ofcr aloud, by a proper
I' I II " r' r\ch€<^uer, the act of
nent ri Ilor at the end kiss*
hiiiibk , 4m vJ»ii.j»i.HM"M •&. '1. «»mjht to
d««{>«sl iin|Mr«t^' tite con*
■ a nVliii-cuia ma^. ..-.^, .^henooa-
of a promistory oath,
^ no oufh of office, be-
[li to contradict
li tn take it uu
Uor, jind i an of bin
thr ' n y, UjKio
il
the
\ oi tbc QD^cTTilion
of i* . ' vice of the king, tiid the benefit
of h; ; because there can be no other
tituc morr mcmorablf , or inorr likely to engage
attention to it, than in so public an a^^nuldy ^iro-
ceediug to appoint the sherifTs ol f tl
coiHiticA of the kingdom, upon wli ,
fidelity, and justice in the execuimn ot in<»ir
ofiices, not only tlie properties, libertiaa, and
lives of the subjects of this kingdom so mneb
depend, but even the secnrity of his iriajci^tv'i
nersnn iu anv rim<» < f <l:inf^f*r ; and the f cry
oeii) .s fip<)(* the just
and / ij _^ t t» be made by
shffrilif « upon the clcvtioa uf membem to aerTC
ill j>iirli)iinont.
Can till* statute th<?n be treated and called
obsolete, ii'hich is thus pubUcly proclaimed
every year, to enforce the more ea»ct observa-
tion Wtt?
And 10 lay, that the Aniclts are confined t»
fuch nattit of odicr, st were taken by faim on
his iinst : ^ tit,!? an equivocal ioterpre*
talton pec - Answer; for the Article*
refer yenci mj^ i'* all such oaths which have
been accustnmetl to he titk^n by the Lonl Chun-
cd I or by reason of his othcts An J this oaik
ought ta have been taken by him upon his Brst
appointnunt. it the USag'e of administcrtiKv it Jit
this ;isou bad uot been ail r
his I ^ e i* '*• ****^ tiiue; an I ; it
usage a liaa foHov^^ed^ tbotthis oath is nut takt-n
by any of the oBiCJcrs «l any other lime ; but
it wfl^ the Earl*s duly to oliFcrve thiu c;Oi»d and
i4rhole!iomc law, as well before his takittg this
oath a! atlerwnrd5«
And the Kurt could not hive forgotten tbia
hif * ' ^ ftgcwent without desjgn ; it was
fori not to mention it ; tnd he might
flatiei iiiiiix li, that the Ulunageni would not
bikf e taken notice of it.
And as to the diU'erence in the form of ad*
ministering this oauh from the conitnon me-
thod, it is D9t material ; for the usual furm m
not essential to the oath it&clf, it beintr suthcient
thnt there ts a colUng Almighty God to be a
witness of the truth of the Earl's promise, by
his loud I tug the Holy Jkripture. [Co. 3 Inst.
1<54, 105.]
But whether the oatli be constantly or usually
taken in practice, or not, it will not alter the
law ; ami ilie crimw of sHling these offices for
gift ' ^' . notwilhstaodrng
the r obligation to re-
frain iioin tiK^ crKiiiiiissiuij ul it*
The objeciions made by the Earl and bii
counsel upon this head, have nccasionf d tbia
digrfi^sion.
The next part of the Earl's ilefence is a di-
rect justification of the litct of whiob he it ao*
cused; and, not cotitenteil to leave it |o tut
couiimI (for whose excuse it might ha*c been
«iid, that thry were wUling to uy every thinff)
the Earl himiicJf has insisted upon it^ that bin
Uktng there «fnm«^ of money is lu«vfiil ; becauaVi
as Lord i r, he bad o right of rvcom*
(uendalio i 1 1 omersley , is an officar ap-
pointed by patent under Iba great fcsal, and
I
I
1S4S]
10 GEORGE L
also the right of nomiiiation and admitfioii of
tiio Masters, solely ia himself; and a man
oay dispose of and dispense his own favour
«pon what terms be plesses ; and officers rasy
gtve money for their places, and yet be good
officers, as it is suggested.
But some instances of a very extiaordioary
nature were cited out of the History of the Ex-
chequer,* to prove that chsncellorSf jodffes,
mod other officers of trust, bad purchased their
5 laces of king Stephen and kinst John ; riz.
'hat Richard Fitz-Afured gave kinff Stephen
fifteen marks to bear pleas; and Walter de
Gray gave king John 5,000/. to have the king's
Chancery for life; and other officers there
named.
Mr. Mados, the collector and publisher of
this History of the Exchequer, 45, 44, men-
tioning these instances, says, '* That in the
time « king Stephen, Geoffrey the Chancellor
fined in 3,006/. and a mark for the king's seal.
This, I uiMlerstand, to be a Hue then lately
made with the king for the office of Chancellor,
or to have the keeping of the king's seal.*'
But at the same time Mr. Madox the publisher
makes this honest reflectmn npon his pre-
cedent;
'< Which precedent," says he, " may justly
seem strange to us at this tUy ; but it seemeth
that in those times things of the like kind with
this were sometimes done.*' Wliich observa-
tion the conn^l, or the Earl himself, were not
pleased to re|>eat.
And some instances were cited oat of the
Roman law, where part of the revenue of the
emperors did arise out of perquisites of this
kind; from whence it was inferred, that the
taking these sums for sale of offices, was not
against natural justice.
But these are of no authority in this king-
49ID, when they are repugnant to the law of
the land, and have never been received ; and
the common law of England mnst be the rule
•f justice in this case.
And Mr. Dupper, the Eari's late under
secretary of the bankrupts, was produced, to
prove by his opinion and observation, that no
Trial of the Earl oJMaedegfiM^ [IM
limits of hit own office, where be hid no lifhi
of recomflstiBdation, to raise the peer Ww m
of 105/. at the time when fae w«a one eC Ik
regents; and thus he joined \\m Aare of At
roval authority to his power of Lrfwd Cfai*
odlor, in order to get and secure to hk m
private nse so considerable a snuaaa 105iLfm
an exhsusted Master ! A atroog evidcscei/hii
corrupt intent and views.
This single exactiou overturns the wWi
fabric of merit, supposed to be vaissd bvtk
few scattered instences of rharity, whim hi
has been pleased to divulge io eviJoice.
But if the anthorities cited for the Esriti
this purpose prove any thing, they pfovclM
much ; that the offices of the judges is ibi
suprenne eonrts of justice were lawfully (sbe
bought and sokl at the oomroon law, bcMethi
act 5 Edw. 0, which is an opinion that the Eai
himself, in his Answer, did not think convamsl
to disclose or insist opoo ; and it is going ahsf
way back for an'example to prove the fawfsiaM
of an actios, which he conid not find i "
the assistance of an antiqmu7.
He might have broiight i
stances from coontries, where anlimitsd pass
does prevail, and where jnstiee itself, and At
e laces in which it is to he dispensed, aie sas
s attained without a bribe.
bat it seems as if the lord impeached W
an eariy inclination to took out for a pieciiisii
to givehim a countenance in such like prasoM;
yet he found none published to the worid, «-
oept in the reigns of two princes, wbossnk-
trary behaviour produced that sac msiabk ka.
the Great Charter of nor Liberties, first pawi
in tlie form of a charter ann' IT JokaB\ lai
confirmed ann' 9 Hen. S, wherein it wasat tkH
time found necessary to dechtre by a kv,
^ Nulli vendemus Justitiam aut Reetmk"
Magna Charta, cap. 99. Coke % Inst. Si.
From which declaratioa of the crown it as-
cessarily folbws, that the adminiairatioB lad
execution of distribotive justice to a fsee ptspk,
are not to be esteemed the property or cstsir if
a great officer, to be raised or inereased ky \m
^ ,. ^ , sale of the^ subordinate offices of justice; ka
office whatsoever passing by grant under the ' are the great prerogatives of an Kngiiabpriaes
great seal ought to be surrendered or granted \ to be exercised freely for the safety and case if
witliont an acknowledgment (as he called it) | the subject, without istrodncing expcoos m^
to the Chancellor or Kee|)er ; and that he had i charge u|>on tlie people, in their applisstiss kr
formerly communicated these his thoticrhts to j justice and right. .^^
the Earl and his secretary Mr. Cotciugham. I And when a doctrine of this dangerons is'
And your lordships, upon recollection of the destructive nature to the righte and libcrtin
evidence, will find the use and improvement t of the whole nation, as it exposea their self
they were pleased to make of this advice, in i security to sale for meoe^, is thus avevfldly
the case of Mr. Thomas Bennet's surrender. \ and openly justified and insisieil upon at vssr
But in answer thereto, it appeared upon jhe lordships* bar, by a peer of year House, o^,
hsH home tlie high office of Lord Chancrii«<i'
Great Britain in the first raign under the ad cf
settlement of the crswn : yonr lonlshipe sd
toke the best meHSures to render the suijMi
„ , _- , secure in their expectation of justice, bj «
of gain in this instance carried him beyond the , s«Mlable and public mark of your detea^atisa^
I so licentioua an opinion ; and thereby cuefii*
evidence in regard to Mr. Hamerslev's office
of Clerk of the Custodies, that there being no
salary annexed to the place, it did belong to
the secretory of state to recommend or to ob-
tain the sign manual ; so that tlie EarPs desire
* Madox*8 HMtery of the Excheq.
XLt says it may aeem straofSi and cxciises it
43,743.
the nation, that even the
sash a oorrapt pffindpla is an
Jm^ High CritMi and Mitdemeanon,
A. D. 172^
[154d
100,
'h if it should be tiippoiei] by way of irgu*
it (wbiob hw 1^ bcQD proved^ tind ibere-
fbrecatinut lie admitted) ibal the* lOile of tben*
ilfficcs tiawtieetj of Uu"^ toWjitedi far llteifreAler
yMsrcAie of the p -. of the fint ofHcer of
Abe cro^o in ^ mI court of justice ;
et the Earrs ltl•nMt^ .tuil rtfceiuii^ ' ' - - ^
(litant «uait, above doulilr to &i»\
fore his own time, uhich he Uns ;.i^.,^ .^|^
U[»on it |irrtetice tbiii the busuicss of the
uurt of Cbdrii'fry '^as very much ttdvuiiced
ring" hii i'»>»i*k*nc»! there> i%i)l he jis cmiMnatr
if he hud put the a^ce& to uucliou, nbeu no
BUiu or ie^ had evc^r beta itkkvn or heard of.
And in hi« inettind oi (ir;icuce there ctiti be
dittinctiou beiw*^eu « p resent and aprice;
he ti»Mde Uie mo<»t aU ay & of bis share or
m io the ofiice. When be wiw only to
imit upt>n a vurrtrnder betook 1,500 tfuioeas
good wfll aod iipprohation im i ' 1
beaduuited Uftuu a death, he i
n9 At the leant, although the i/mv^- ^t.«s
greatly in debt ; as in Borret's ca*je, %v here the
itori wdl loiie opw?**- i- "•' ' ' <XjO/« of their ef*
tt, by the lowest « u.
Am for the dinall ^ i i'cs which have
n paid 10 the great veal lor time imtnemo-
iil. up«in the sealitig every patent, theso are
tit of the pri^ent tjue«tton ; and where iifta«;e
«youd time of memory has allowed tiie
receipt of these liwJe HUmii, it will l*e presompd
(if t[t**re wan oecatitnn for it) that some act of
arliaruent had pax^ed to make it lawful .
And when it is snid^ that & ^ood officer may
|: y lar hiN place, aoo may le^iitt the
I I' of exturtion ; it ii what t}ie bw of
Miui would not trust to linroau fniiUy ; and
[fall the actions and behaviour of the br«t nf
a Masters, %vilh respect to t^-" '•^"^, Iheir
niunui'i- of procKK-dinif uiwrn ami
llan *li--in>^!ii«||f Rnd trafttcaio^ u n'tney
ty .(tri, wrre to be enquired inru more
L' ! 'y^ there can be no doubt, from whiit
Lav »j>|»tarcd in evidence upon thiai Trial, hui that
ilie temptatttm and inclinatton to profit, towanU
*mbur»int( themselves ( > a<*vanci*d
iUe Karl, and iht: prt-> >kter, bavr
luetlieir looitilcady rc^aiauuaf to vutue
denial.
articular Ctt' ' In the
il, or of II wiih
ive l>eeii dt^i Ei::Mtri lo be
irtv I j^pprehfMid u h mit
khc r»''»'-" *•' '-' -i...T,r.,,
purport ol
(lO tllr
pie id uli
fit
ary , . .
Lftod the
uned, dii itillv
pc ^ahdity of ['
Anil Ltir Mui
m that ix-B^n*ci,
lit more properly call
MMfl (w aulboritita or
.f a coriuot nature are oJwuya
r'liHt, and DO wiineKars^ or at
^re t4» be |ffodoced betidea
1 1 will pfodttct any laatiiocc lo
the iKioks, where audi a Iranaaction has been
mentioned, 1 may engage to shew him at tb^
same time, that it tuts been hoUIcn ille^L
The authority already cited by a learned
M a na^er is e x press :
Htockwilh coni' North, Moore, 781. *' North
was fined iu the Htar* chamber, t T t hit
being sheriff of the county of N^- 'id
take money for the ^aotersliip and :•«<- iru....T>i'k
for his year ; and at til tit he guie them to Jiitt
fiervauta who sold tfiem^ but hitiijielf receired
the money ; and this wa* adjudged to be Ji
letting lofarm of hiH county, contrary lo the
statute of 4 lieu. 4, cap, 5^ Yet there note,
says the re|>orler, that the statute itself gives a
iieoalty certain and pecuniary, and ir is * cna*
lam prohibit urn, uou in se.* lUit the Court
held, that in as much a« ijjrcat corruption ensitea
from the greediness of the afitcer^^t and they ara
enforced thereto by the prices which they jfive
for things which ought not to be eotrt, that tbia
settioijf of office* to furin antl sale, h ttuUum m
JA and iinahle.'' [Noy, 102/]
But the Karl objected, thai i\m opiototi ii
extrajudicial ; and the Court were miitakeu ia
one putt, when they «ay, ** that the statute i
Hen. 4 did ioHict a [>eoalty ;*' w hereaa it did
not, but oulv *' prt)hibited the letting to farm
the bailiwicV,^' which was Uvvful before, and
therefoie |iru|>erly tinable, an a brooch of ilia
acl.
In answer to which, it is plain tipoti perusal
of the book, that that part rcla'i'^^ fo the act
4 Hen, 4, impostoj^ a penalty, laonly the *ioTa
of the couD^el, or reporter, who took that par-
ticular onfence to be only malum prohibitum;
and whether the Court did impose thai fine by
force of the MatutCi or aa warranted by the
diommon law, it will not weaken theauthoritv ;
beciiutie the Court expressly declare it to \>e
their opinion « that the selling of the oiBce of
{i^aolcr was malum in u^ and Buable ; which
8hc%ied the judgment of the Court on that pari
of the question ^ fio that there is no mistake to
lie imputed to the Court.
And my lord Coke, in his S 1n»t, fol. U6,
cap. 08, of Bribery and Extortion, ami foL
2'£l and 'i*35, cap. 101, of Judgments and Exe-
cution, de^cribeji these crimt^ us oHetices at the
LUMumoii Inw, and puts his examples accord-
ingly, whicli may t*e there couiiiltefK
Hn in the ca«c of Hmith and Mall, 2 Rolls'
lie p. 263, and Lin ley's Case, Hut ton 70, where
It is hotdcu, ** That if any jud^e or officer
lakeii more than the usual fees, he i^ punisb-
,aA^ hy indictment at the common law/*
iic^ceHsurily ittiphes, that they are pu*
I - ;U the commou lavr, for takmg money
where no fee at all is due.
The stnct defliution of extortion is, •• Wlies
any person, colore otficii extorquet feoiluui
r»on debit um, plu^piam deb'lom, aut antequatu
flehitum '* Hutton, ^% ^3. Ctdte, 5 Inst. ]49t
150. Benwl^^f'-'s Case, 10 Coke^ 101, lO'-J,
Dive an' fmni, Ptowden, GB, a. Cuk«
1 tost, Johu Bingley'a Case, Fopb.
149, }U\ iu^ ww^cr, t ^id. 91.
4K
I
1347]
lOGEOROE L
Trial of the Earl ofMaccksfiM,
[1318
Ba( largelyi <' Extortion is taken for any
dppreasion by extort power, or bycolouror pre-
tence of right." Coke 1 fnst. 368, b.
But it is orjved by the Earl and bis counsel,
that it appears from the statute 5 and 6 Edw. 6,
that the buying^ or selling of these offices was
lawftrl at the common law, and is not prohibited
by the statute 12 Rich. 8, and that the statute
of Edw. 6, neither declares nor creates any
crime, but only imuoses • special and particular
penalty, by loss or the office or disability, and
therefore the Earl having been dismissed the
great seal, there can be no punishment inflicted
upon him.
It is agreed by them, that the statute 5 and
C Edw. 6, includes both the offices of Clerk of
the Custodies, a3 an office of clerkship in a
court of record ; and of the Masters in Chan •
eery, fs officers touching the administration
and execution of justice, in point of description.
And upon reading the act it is evident, that
this statute in the preamble, and throughout
the whole act, treats this way of dealing, as a
corruption, and illegal in its nature, and ex-
pressly calls it so.
The preamble says, " For the avoiding of
corruption, which may happen hereafter to be
in the officers and ministers in those courts and
places, wherein there is requisite to be had the
true administration of justice or services of
trust."
And this statute carries the punishment far
ther, but does not take away the punishment of
it as a misdemeanor at the common law, by
• fine or imprisonment upon indictment.
And there is not any proviso in the act which
mentions or exempts the Court of Chancery,
or any of the officers of that Court ; but in con-
sequence, when it mentions other courts in a
proviso, must more strongly be intended to in-
clude them in the act.
Tiie first proviso extends to offices of a pri-
vate nature, and to offices of inheritance, and
cannot rdate to any judicial office, nor to either
of these officers, who hold only for life ; al-
though, where the nature of the office has al-
lowed it to become inheritable, it makes it
alienable; but no such instance is to be met
with in the case of judicial offices.
The second proviso is to prevent any per-
ton^s being surprised into tho penalty unwit-
tingly, benjre notice of the act, or by a retro-
spect. And although the statute takes notice
that divers persons did make such corrupt bar-
gains, it is only by way and with an intent of
preventing, and not of legitimating them ; and
it leaves tliera all as they stood at common law,
until that day appointed by the act was passed.
And the last proviso does nothing more, and
leaves the justices to act upon their own know-
ledge and discretion in the law, according to the
nature of the office, without casting any impu-
tation ujK>n them unnecessarily.
But so exceeding cautious was the legisla-
ture, that there is not any expression, in any
part of the act, to declare or enact such bar-
gains in the cases excepted, to be good.
But the statute leaves thena entirely totbt
regulation and direction of the common law ui
former acts of parliament.
So that although the earl of Maoelcsftcm;f
bis l>eing dismissed from the office ofM
Chancellor, is not liable to suffer the SddiM
punishment, contained in this act, ofk«eftii
office : yet he will still be liable to the poub-
ment at common law, and upon the sefcnl
other statutes, and accord ini^ly remains opei
and suiiject to your lordships' just seoleooe.
For where a statute does give or impose t
new penalty, for a matter which was an oSaet
at the common law, the prosecutor may par*
sue either of the remedies ; although vbere i
statute makes or creates the offence, tb&t re-
medy must be taken which the statute gives.
Regn' cont. Wigg' Pas' 4. Anne fiaooi,
Regin' Salk. 460. Com* Iicicest. et Slaody 1
Sid. 38. Dr. Hussey's Case, 9 Co. 74. Cm-
bank's Case, Z Rolls Rep. 49. Burgen's Cue,
1 Veu. 13. 1 Sid. 409.
Thus I have gone into this long deter, to
shew that the Commons have founded tlier
Ariicles upon the general rules of the coamHi
law, supfiorted andl enforced by diyers acHif
parliament
As to the proofs ;
1 shall now take notice of the evidence a^oi
the particular Articles assigned to me, andskiU
observe not only upon the proofs given by thi
Commons in maintenance of those Aitideii
but likewise upon the examiDation made oo k^
half of the Earl impeached, and in his defeoct.
As to the money Articles, ] shall make tksi
general observation upon the eTidence, that it
has been agreed by all the witnesses examiiNJ
thereto, as well by Mr. Cottingham, the Eari'i
secretary, and on these contracts his loidship'i
broker, as by the Masters themselves, toA
their agents, that the whole transaction was
done and finished, and the money actually ftii
and delivered into the Lord Chancellor's o«s
hands (except Mr. Thurston's 6,000 guinen.
which were delivered to another for bis km)-
ship's service) before the resignation of tbt
former officer was accepted, and before the ad-
mission and swearing of the successor.
So that the principal point and mun stress of
the Articles are thus in fact agreed upon bf
botli parties.
But as to these Articles, and more particu-
larly with respect to the 105/. received frvoi
Mr. Thomas Bennet, and the 1,500 guiuess
each received from Mr. Kynaston and Mr.
Bennet, the Earl and his counsel have 8u«?grsi*
cd a deficiency in the proof, arising from a con-
trariety in the evidence p.iven by Mr. Coiiinj-
ham, the Earl's secretary, to what has bf^
sworn by Mr. Bennet, <tfr. Rynaston, and Mr.
Charles Baily ; and, uiion the credi^of the se-
cretary's testimony, uould suppose that ewb
of these sums proceeded first from the free aoJ
voluntary offer of the Masters, and was not in-
sisted upon by the Earl or his lecretary be-
fore-hand, as charged in the Articles, tai
proved by the Masters, bat oolj aectplci wi
iS-tSJ Jbr High Crima and Mixdemeanon.
uved by Caltiogham and the Lord Cbftn^
A. D. 1725.
[1S50
N
b
Hut the u^ilut-e of the tr«tiB«ciio(i« and the
ircuai!it»tic€« oHlie iier!i«mR» do ury »tront;ly
SU}>poii the credit ot the i«ituesve«i [>roi]iicei]
^e Commons, and t!ie ijrobitbility of their
lOoy, who have proved every purl oribn«»*i
les, iij the very words of ifiem ; ftod Mr,
'ottinf^bam btn»M?lf X^as con tested enough to
laiiitAin the Article's in subjitance^ attitou^ti
lie ti bout d be credited iu auy circumrtanot?
ivbereio he varies from the other witnettset^.
Xa to the niitih Article* it will he \ery diffi-
(jpiilt to beheve that Mr. Betinet, who hud lAtel)?
piiid the Loitl CbanncHor so lar^re a sum for
Iiis admiitiStoii to the oflice of u M.MSter» i%bich
he had bo;i ' t ' ' ',.r, aud who had
paid no ; i^^r i\us pUce of
Clerk of tlu k. li^ivMii^^M, Li,, iuitner Cbancrllor,
the eari Co\v|M*r; and who had hkcwise l>eM>
infonued by bis bnjlher Mr. John Bennett that
naihiuif mu$ l»aid by bitn to earl t-oivj>er upon
Ilia beiD^ adinitted to ikte ^aine odice« iuid that
lord C owner himselt bitd dt^lared to 3Ir. John
Beaoet tnat there was ooUno^j due upon iu»>
admii^iOD ; that Mr. Thomas Beuoet, uoder
these cJrctiiiiMuiice*» nliould of i\\% own accord
first propose a present (as \i is called) w ben be
could not well itna^uie tliut ihere wajf i&ny pre-
tence to U ; that U hiirdly rredible.
And Cottini^hiim himself has owned, that he
told Mr. Thooius Beom't that soiiiethin^ wa«
eJC(iected, aud that he curried the proposal of
106/. to the Earlf Mho accepted it, and there-
upon he received the money from Mr. Bennc t,
aud paid it over to the Earl ; jitlcr whicli the
Earl then took the whule care upon himMeif of
ciCfieditin^ lite siv;n niunaat aud tin* patent.
Now, Ootliiighum being the factor employc<)
by the Earl iu all these bar^uius^ ulio has
)b*icn avoweil by the Earl to h«f bis agent, and
lias been uroihiceti as \m witness, and sup-
ported by him; every thinfjjfthat C'oitin^ham
declares and acts in cotupletiuj^ these con-
tracts, ivill be considered as the act of the Earl
Vimadff and hii* Ofvn bartering; esiiecially,
Kirbtri '" : _ 'i I ' dcponi^-d bt^fofv your
loni de the bugain, until
he hmi i^tn' 11 un: Lunei approbation tbcrcof;
and when tlie Earl» at tlie eml, confirms the
whole by bin receipt of the money.
And a L<ord Chancellor's exjH'cting^ some*
thing, or a sum of money, be it more or Ics*,
and this his ejipcctatton dt^ctared and notified
by bia ii»cnftary to the person applying to be
admitted into tli« olhce, is a iieremptory de-
■mnd, and an insisting, when tlte Lord Chan-
cellor alon43, and no otlicr, has the power of
taking the resignation, or making* it elf'ccttial
by paiatng the new ptlcni, and of admitting
Ibe new officer »
Eut tliia matter has been explained and coi}.
firmed by the rvidence of Uuppcr th** under
icwuaryt the Earl^ - r r . whotie
mttbority tlie Earl r l your
]onl«Ht|», that upou V VMM. ^M»iil «. ^^iiiug him
«f tbc iiit«ndad lumudcr af fir. Thotuaa
Bennet, Diipper said, there ought to be an ac
knowledgiiient to the :■ ^ !, and he had
iiewrd ibut mon^-y Iwd ! , which Cot*
Iin4{hflin huiisiff at ti. , . uhI of 5 but
Dupptr ioon satisficil both the Earl and bti
secret a ry that money mrtrht l»e asked.
Thit^ confirm!!* the evulence of ?^Ir. Thomas
Bennett that nothititr wa^ rx\A about money \n
be given, or an exfiectaMou of s<»rnething, at hia
first meeting with Coftingliam, but it was in-
troduced by Cottingham at their second meet-
ing; which must be after this advice and in-
formation of Dupper^ and that then the rea^H
lotion wa» taken of cxjieciing a sum of
money,
Thts argues the dilfidenee of the Earl im-
|)eacheil in setting up this pretence, and his
suspicion of the dlej^ahty of it; yet thr opi-
nion of the person advising, and thft^Earra
own incltnation to ^n, were too powerlul to
be resisted ♦
Bui to retDOTe the fouudatiott of this oh-
jection :
The jioint or charge of thc?5e Articles lies ip
tlje taking these sums by the Earl, coioreiffficii
5ui, us I^rd CbaiiceUoV, and without right,
whicli is extortion aud corruption^
And if he did receive these pa>Tuenl8 by
cobiur of his authority, and without right,
(and he has made out no pretence of right) be
will be guilty of the crimes charged upon him,
ill liow artificial a maimer soever he transacted
ibesc matters.
U will amount to the wme, whether they
proponed the sum to him, or he made the de-
mnnd npi>n them ; yet if something was ex-
pected by him, and he fkchned doini; the duty
oihisotlicc, unlil that something was offered
and paid to him, it is an exaction and an im*
po<iitioii, which is criminal, and maintains tba
Articles. [Co. 3 Inst. 148, 140. £. I^liddx**^!
Case.]
And it is remarkable, that the Earl wookl
never give credit for his present, but atwaya
had it sate in his own hand, before he admtttied
the officer.
It has been attempted} on behalf of the earl
of MacclcslieUl, to prove that former chan-
cellors have used 10 claim atid receive money
upon the taking surrenders, and making new
grants of this office ; but lieretu the Earl has
tailed, and has not been able to give legal proof
of any one ioManct* of that kind, ujion the
change of this office of Clerk of the Cuatodiea.
For Dupper did not see any money paid on
that occasion, nor knows any thing of it, of
his own knowledge, but only copioilaD account
which he came by very oddly, wherein (as he
says) there w as sn item to that eflect j and hii
evidence depended merely u(k>0 liear-aay, atui
ouglit to have mi re;^ard.
The evidence tit Mr. Oker turns against tlie
Earl ; for altliough there were surrendert in
both the times, when carl Cowper held the
threat seal, yet nothifig wax paid or taken by
him ; and upon the surrender of Thompson to
Edwardi ia thit laC« qQ««o^f tinier it was said
1551]
10 GEORGE L
Trial of the Earl of MaedesfiM,
Ihtt nothinpf was gi?eo ; mod apnn the sar-
render of Mr. John Benoet to Mr. Thomas
Bennet, whilst earl Ooivper enjoyed the teal
under his majesty, nothings was |iaid or claimed.
And ttie supposed intimation or opinion of
lord Cowper, which Oker mentions, was be-
tween these two surrenders, which makes it
▼ery unlikely that earl Cowper should make
tucn a declaration ; yet if such discourse there
Was, it is plain, that, op<lb better consideration,
the lord Cowper dejnrted from such preten-
■ion, and discorered no ex|iectation of any
things, upon the last surrender and grant of
this office.
And as nothing was taken by lord Cowper,
upon the surrender of Mr. John Bennet to Mr.
Thotnas Bennet, it will be proved, that, on the
surrender of Mr. Edwards to Mr. John Bennet,
lord Cowper refused to hear of a present, when
U was hinted at, and declared that nothing was
due to the great seal.
But this defence, which is founded upon a
supposed usage to receive a fee for permitting
such surrenders, and from thence would inter a
ri^ht, or an excuse to the Earl impeached, in
doing the like, is a proof and confirmation of
the Article, as charged by the Commons ; that
the Earl'^id insist upon the money, as his
right and due.
Art. V. As to the bargain with Mr. Kynas-
ton, it appears fhrni his testimony, an'd the
evidence of Mr. Charles Baily, who paid the
money, that Mr. Kynaston endeavoured to
obtain the admission at a lower rate. At first
he ofl*ered but 1,000 guineas ; and at the end
Mr. Baily understood it to have been agreed
for at 1,500/. ; and when Mr. Cottingham
said 1,500 guineas were expected, Baily did
not proceed till he hati informed Mr. Kynaston
therewith, who answered, that since Mr. Cot-
tingham had mentioned that sum, he must
submit, and do accordingly.
And this dispute, upon the difference be-
tween pounds and guineas only, explains the
manner of these dealings ; that they were
formal contracts and bargains between the Se-
cretary and the Masters, at the best price that
.could be got ; and though there was no hag-
gling with the Earl himself, (as Cottingfiara
expressed it at one of these dealings) yet he
had a faithful stewanl, who could and did
haggle very well for him ; and when the Se-
cretary had done hit utmost, the Earl accepted
the price which had been agreed upon.
Art.^ VI. As to the 1,500 guineas paid bv
Mr. Thomas Bennet for his admission, and
the manner of making that bargain, Mr.
Bennetts evidence of his first oflenng 1,000
cruineas, and Cottiogharo's refusal of it, sav-
ing. He hoped Mr. Beimet wonid not Iowct
tliepricp» and^he hazard of his being refused,
end that there was no haggling with my lord,
and at last agreeing for 1,500 guineas, is sup-
Dorted from the usual behaviour of Cotting-
ham, as well as from the probability of the
thing itself; that a men may icasoedUjIi
presumed to endeavour to save whst be oi^
and when he is purchasiogr* to get k sie
cheapest ; althouffb (as it has eppearei ei
the examinatHMi) Mr. Beonet bed little net
to expect that a succeed iugf cheocellor eiSl
be satistied with his circumstaiiGes and ske
him.
Upon the Esrl*s defence egaioct the cbsfi
contained in these two Article, it wss fomi
by Mr. Ooldesbrough the Register, thai ih
Earl, about the 9Srd of February last, MfM
those two sums into the Court of Ckaswiy,
to be applied for tlie benefit of the ssim;
and this is offered either in his discbsfge, sru
a merit. But this was done sererel dsysdki
the Impeachment, and aiVer public coM|ihht
had been made a^ost the £erl upse tiMf
two instances, and is a very proper exaniphtf
the Earl's own construction of a vsIsbIb;
present ; for after the House of CoroiuoBiW
taken this affair into their consideratisB, wd
had demanded justice and satisfaction ffOM Ai
Earl by a narliamentafy prosecution, tbe M
then did freely and voluntarily, end of bistsi J
accord, make a present to the suitors.ffip •"
Court of these two sums, which he had, is At
like free and voluntary manner, received ui
present from Mr. Kynaston and Mr. Beasct
But this action contradicts his whole Dh
fence ; and shews that be was oonvioced tkd
he had no right to receive or detais da
money, and was afraid to keep it any hngfr.
Art. VII. and VIII. As to the two ^fl»
guineas received by the Earl of Mr. Elde mk
Mr. Thurston, it is proved that tbe price mi
settled between them and Mr. Cottinghan;
and when Mr. Elde (of whom tbe Earl ei-
pressed so good ^n opinion) offered 6,000<.
Cottingham said guineas were baodsoHMr;
and the particular method of payment sheet
the inward rebukes of his conscience, and bii
fear of a discovery.
And these two facts shew tbe prevalencj «f
his avarice, above any other passion. For it
Mr. Elde*s case, he bn>ke through tbe oUifi-
tion of gratitude and friendship to him, ts
receive bis money in a covered maAier, ia s
basket. And in Mr. Thurston's, be tried n
beguile his fear of a discovery, by soffensf
the money to come to him through a priviK
and unsuspected hand.
And these two instances were of so nice a
nature, that his faithful secretary owned, tbil
he was not admitted into the secret. Far it
appears that the Earl either knew or ssi-
t)ectcd there would be a kiss in Borret*s sfioe
>y his insolvency, though it was not redeecd
to any certainty ; and it now appears, at ikt
least, to amount unto 18,000/.
But the Earl le<\ the suitors of the Ceoit ts
bear that loss, and never took care to proeeies
just satisfaction to them. Which the Oo»
mens mve both as an evidence and an i
vation of his guilt ; since I
bis own private gain to that i
ZSHi
prHsn^
ft •■•
ISS3]
f^t High Crimes and Misdemianort*
Ml Ui^U tnift rvqutrcil him to litre proriiled
V the creditors or the Court.
And the rHurnmic f^rcAt pnrt <if these two
KimiKt, hfter the conrusiun and diaorrlers of the
Court hecAtne putihc ; aud part of Mr. Kide^s
money, «rter llitj !V|asl4>r8 litd Urrti mlk-d u[*tm
i hriiig^ in their cunh, and which ujMTn Mr.
Side*'* evidence may be reaionahly presumed
» hftve been made use of hy htm to make a
hJae shew befori^ the conmiMfiuners ; are rathiT
ecrees against htimelf, tliau any extenuftiiun
t'hisifuilL
Add as to the Earrs ^at merits which he
ffolarfpety dwelt upon, and so often repeated^
bat he might huve had (ifOOOL from Mr.
Uucaa, which he rdinijuishedf to accept of
^guineas from Mr, £tde; tbe Managera
uM Mr. Lucati, who (m answer to Mr.
. J*! tealimonv) will prove, that when he of-
fered the 6,0001, It was upon this express con*
ililton, that if the inoiu;v of tbe suitors, or tiie
cash, waa taken out of the Masters^ hands on a
parliAmentary eiKiniry* healiould liave a return
of some part ; and that the Earl should in*
df'iniiity him against alt deficiencies.
So thai itte Earl did not refuse Mr. Lucases
I ^000/. from a distncliuaTion to tbe sum if he
^Kpould have kept tbe whole securely ; but be*
^Heause 61OOO guuieas paid ab«olutely, wait better
^■tbsn 6,(Xia^* subject to a condition ot refuiHling.
^■and incumbered with an engagement oiindem-
^^ niAcAtion.
But the Earra chief defence it raif€d from
tbe practice of his predeccssora, (who a« he
pretends) fed him into these mistakes ; and he
{ia« oruted 700/. to have been paid by Mr. LiOvi>
btind, about tivelte yeans ♦ince, and 800/. by
J^Jr. Ilolford, and ftOOl, by Mr. John Bennet^m
the year 17 16, upon their respective admissions
inii» the offices of Masters ; and IVotu thence
DsistSf that althoiii^h hecatinot chiim llie exact
uto ol' 1,MX>/, received by himself upon ad*
aa a cartain and cttablished lee or
^uifite, because h« baa lakan twice as much
k his pred«cf!S«ar did ; yel this practice gives
bim 1 rijj^ht to a nreaent, and it was in his own
ibacrelion to declare the Mum» as he should
think rea»oiiable> uccording to the late increase
of the bufineMi of thij I 'ourt.
But, a present altogether uncertain in the
^tiao(um» and de|»endirig in this manner U|»ou
the pleajiure of the person who tn u> receive it,
aeemi to differ f^^ry little, if at all, from a price.
Tim Earl insists likewise, that the denial or
fcfuaal ol sotne other of the witocssea to answer
bti ^uesiionti is a larthvr proof that tbey paid
money.
This shews that the Earl thinks be wants the
pro<if very much, ^ben he makes use of &ncb
an arquiiientto raise •
Tbe wiuteas refute ^ «ucb qnfiattoaa,
which be is not obltKecj uv tuc rul#a uf law to
naoivai ooncermng the manner ul'hi«i adniiiHion ;
and the Uommona eanootcall witiiesnet to con-
tradict or explsiti ttiatwbich ba«i t^ever been de*
rvidooce.
i £aH 4mtw9 jour lordships ta b««
Itere this ai etide,nce, though yoQ never diil
hear it, and to net auit vole, upon your honour,
as if you had lieurd anil udmitfed it.
But ho\v^oe«er the Earl may have dircctad
htin*ieU, he ciiu never think thutsuch an unjust
iusiouHiiun will prevail upon your jnd;i;^tnent ;
or tl>nt lie can thereby move your lordshi|>s |i#
give up your honour in the htgbetit exercise of
your Judicial power, *
And these two or three late instances, whteli
lie Has pro<luced, cannot change the common
law, or repeal the several acta of parhamenl,
whereby they are declared illegal ; and if he
makes use of them as precedents, he oui^ht to
take them with all their circumstances, which
upon the whole mailer rather turn against
him. for Mr. HoltonI and !^lr. Lovibond
were at that lime, nnil atdl continue men of
substance ; and Mr. John BeAnet waa «f ability
at the time of his atlniissioo, although in tlie
vear 17'iO, he sustumed several losses, which
impaire<l his estate. And they all paid lli^
sums of money mentioned out of their owti
estates, and no part of it out ot the suitors' cash
or ejects: And the whole of itre suitors 'elfecta
was detivereil over to them by an accouot with
which they stood charged.
So that although tbese few instanoefl wer»
not animadverted ii|>on, either beciiiiae UiCT
were not publicly known, or that 00 rncouveni*
ence did ensue theretrom ; yet they will afford
no excuse to the Earl impeached, for taking
double «r treble the value ot those sums upon
his admission of Masters, who were persons af
small or encumbered estates^ and wbo were ne*
eeasiitatetj to etiiploy the cash and trffeclsoribe
auiiors in the payment for their olHces, and for
tbeir admissions ; and through whose insolveticj
so great a loss and damage has come upon the
suitors.
But an officer of public trnst and service
ought to look well to his prece«lents before be
folbws them ; and if he will pursue an illegal
or ur^ustitiable preceilent, be does it at bia
peril, and must answer for the consef|(iences ;
especially in tbe situatioii of the highest otEcer
in the kingdom, who was entrusted with Uia
admtoLslriilion of public justice, in IheHupreme
court of law and ei^oiiy ; and u ho^e ihUy it waa,
as t^ell todeolare and expourid tbe law to others,
and to regulate and reform the exactions and
abuses, which at any time may have crept into
the inferior courts of justice to the injury and
O[)pressioo of tbe suitors of other courU, as to
prevent or t^uppress corruption and extortion in
tbe Court where be mortfiuiiiusdialely presided.
Art, XI. As to this Article, the particular
qircumktaiM!r« of Mr. Kynaston and Sir.
Th " I l»^^i proved, ami the de-
fu 1 ^, and how uneijual they
wt'jr to uiv iiiivt in Lite great sums and effecta
tlepf»sitcd in tiieir hand».
By the ordeii» ol the Court, which have bee«
read, it appearHlhat Mr. K y nation *s deficiency
amounts to 2<),yot$i. lU 3{d. and Mr B^noetSi
tu 16|07y/. Mr. Kynoslon bad about ^0,OO0/. in
1S55]
10 GEORGE I.
Trial of the Earl ofMaedetfidd,
[m
money and effects of the suitors in his custody,
and Mr. Thomas Bennet near 100,000/.
This is likewise a high breach of trust ih the
£arl, and is an offence ^^iost the statute of
12 Rich. 2, cap. 2. '' But that they make all
inch officers and ministers of the best and most
lawful men."
Which words in the law import sufHcieDcy
of substance, as well as capacity.
And the statute 2 Hen. 6, cap. 10, takes it
for grauM» that the superior officers were be-
fore that time under the obligation of the com-
mon law, or some former statute to thai effect ;
when by the said act, 2 Hen. 6, cap. 10, Co.
4 Inst. 114, intituled, *< What manner of in-
ferior officers shall be appointed iu the king*s
courts,*' it is enacted, *' to the intent that better
and more sure gpvernment be had in the courts
of our lord the king, for his profit, and ease of
his people, which ha?e to pursue and to do in
the same;" it is ordained and established,
^* That all the officers made by the king's letters
patents royal H^ithin the said courts, which have
power and authority by yirtue of their offices
of old times accustomed, to appoint clerks and
ministers within the same courts, shall be
charged and sworn to appoint such clerks and
ministers for whom they will answer at their
peril, which be sufficient, faithful, and attend
ing to that which pertaineth to them in per
formance of the business, as well of the king
as of his people."
This act woultl have been extended farther,
if it had been esteemed necessary.
The frame of both these statutes does shew
the bent of the English constitution, to provide
lor the ease and benefit of the subject.
But the old rule < respondeat superior,' will
bold against the Karl in this case, especially
when it appears by the evidence of Mr. Goldes-
brough the Register, a witness produced by the
Earl, that this practice of paying money gene-
rally into the hands of the Masters, was not in
use at his first coming into the Register's office,
about the time of the Revolution. So that the
Earl impeached took upon himself the disposi-
tion of the suitors' money, without a proper
ground and justifiication.
And the offence contained in this Article does
not depend upon his knowledge, that the per-
sons admittea were insufficient and unable ; but
that the Earl did not require and take full sa-
tisfaction and evidence in a proper manner, to
make it manifest that they were able and suf-
ficient, as had been done oy his predecessors ;
Sarticularly when Mr. Holford was admitted
faster, his father was obli6;ed to settle a real
estate upon him of good value.
The Earl ought either to hare advanced per-
sons equal to the great trust and charge, or to
have reduced the trust and deposit to the con-
dition and circumstances of -the person, as his
predecessors had done.
So that it is evident, the Earl had only in
view the price and profit of the sale of the of-
fice, which would rise highest upoo the inabi-
lity and unfitnesi of the officer.
And it was therefore ▼ery properly nil If
one of the Earl's counsel, that he w&^hiike
Masters before he admitted them.
But he weighed them only for the aha
the price they were to pay to iiiroaeif ; wk
when he had done with Uietn, be left thai t
Tery little weight fur the security of tbeaotMi
His false, though niemorable dedantioob
open Court, upon the 21st of Jan. 17S3, a
plains his whole scheme, when be yuSALd
from the bench, '* That tlie present Makn
were men of as great fortunes as aoj tA d
Masters had erer been."
The words were proved by Mr. Waller, ai^
have not been contradicted by any witoes^
At that time Mr. Dormer's defkaeoeyhd
taken air ; and Mr. Waller upon bis txumk-
tion said. The suspicion of several of tbe Ma-
ters was then so strong, that this poblicitaM
raised astonishment in the bearers, fiultki
was then a vacancy, and an ofBoe to be loU.
Mr. Fellowes died Jan. 19, 1793, and it b-
came necessaVy to give the ofBce a re|iBtatioi.
And although the insufficieocy of sosmoT
the Masters had been decently intimated lolhe
Earl by Mr. Lightbouu, upon bis several p*-
posals, and the £arl may be presumed to biv
the general apprehensions of tbe world ; }#'a
this solemn manner tbe Earl became an cIBcr
to himself, to proclaim bis own market
Art. Xn. The practice and injury to the
suitors can hardly be more affgramted Ihso %
expressed in the Article itselfT
And it has been proved in erery pailicslir
necessary to support the Article ; sod no pnsf
has been offered on the part of tbe Earl tocoh
tradict or extenuate the Charge, by mskii^
appear his vigilance, or auy care or legard to
prevent the fatal consequences of tbe prutioe.
The particular methods of prereotinsf tbis
fraud specified ih the Article, are only to skw
the practicalulity of some sort of measuit^t fH*-
per to have been put in execution, in otder at
least to render the corrupt practice and ibaK
difficult, although they had not proved coo-
plete in all respects to redress and preresi
them.
And by the witnesses called on tlie piit tf
the Earl himself, it was expresaly proved, tiat
some of these methods had been practised iriA
eflTect in the time of his predcsceasors, and tbit
no loss had happened to the suitors during thtf
regulation.
An account of the suitors' ctah and eStdi
was brought to the then lord clianceUor Etf;
court by Mr. Holford, as the account sf ki*
predecessor, before he was ailmitted ; aid bt
was thereupon asked if be would be booadbr
that account, and stand charged accordiBgly f
To which he agreed, and bis suhatanee wisssA
ficient to answer it.
The cash money was for some yean MaJ
up in the hands of the two junior MfMam ia M
chancellor Gowper's time.
And it bas been proved, tiMf the Mil ^
1357 J Jut High Crimes and Miidemeanars.
veveml ilnies within a tew yesni ; tbat i«, twice
lord Cowp^r^aoil oticc hy lord Harcourt-
' And ]iUlirKt(vh the Bart^seems either to doubt
his nutbority, or of the possibility of doin^
bis in \m own tiin*? ; it can he proved, that be
c^iit^tetl to «:ee t\w account^t ^nd to be io-
A*D. 1725,
[1358
l^rmetl ot'ii
gbtoftlri
A, and accordingly bad a
111 made an appeai^aoce of
H
erri'
liftfp
Ot !l .
If»rdhlii
counts delivered in by the
.i^ut the corami«*ioners named
, shew, tbot suclt an atlcmpt
„.^t and might have beeo coui-
{iletcd in a t^ssonable time.
IJut ilie pari of Macclesfield^ by his nwn
eonfes.M*in, ts ffitilly <jf a total neglect of all
niea^urev ; and never prt>sectitcd on«^ honest
ftnd real step towards the siippreaoiti)^ this
Ebiise,
He migrht have given directions and made
Of d^rft for ibt* vecurin^ the suitors' eHects, in
tlitf M:iri)t! manner before the late enquiry » as be
ha?^ done fstiire,
' 'it have sii-
perri' "lei a; and
liaff 'I uie omjj»iete transfer
as Hell a4 m rceeive his
And if aOer the Karl had taken these, or any
other pfithrJ,^*- ru* , ,ir. . ii.o '^Tisters had
broken th- iiave biin
irtMni thf- -.^ mir) no I
I nee of the Lord
t ,,.,.
Lut u|iuu tlii^ Answer of the Earl
impeached is d I r. Tied. For he declares
ajMHi his honour, upon that honour which is
I'ouinuinicuted to him fmtii the privile^ of the
whole order of Peers (but of which he himself
bus only made a shew or appearance) that he
was totally ignorant of this practice ; nltboii^b
it appears in proof to huve been a matter pub*
* '- ' " -vti during his admiutstration. It was
orient to Mr. Kynatfton^ and the singte
» ^Ir. Thomas Ben net,
ly is a Ttrasonahle evidence to
I with the knowledg^e of a frau-
*' '►« propagated Hnder himself;
• . » the prelcnre of his ignorance
inustantic from the wilful ne(»^lect of bis duly*
Hril rx|irf ^s TTOttce i^ pmrcd out of bis own
' M I . ,^(j J farther,
' pmstitvite hi«
rbc of denial of tbiH foct upon
r -rh he
I this
>i, in the
It included
^i,. 1..VV1 .^^, and the
icvtior for hi^ ad million.
1 III iij.. ;>rrj»iitif Urirl mi.
>r, who entrrcd into diicour%i;
.upon, and saidr ** t am sorry
^oti bate givrn in your acoonul in this manner ^
2
*h;ir
it was the worst way in the world ; fi»r all the
world will now ju^jfe, that you paid for your
olltice out of the suitors^ money ; and what
hath been so much suspected will now be dia*
covered, %¥bich I have always taken so mucb
pains to deny, whenever I was asked tlie ques-
tion :^* and wished he had been iu'<|Uainted
with Mr. Bennet's necessities btlure Mr. Ben*,
net had given in that item ; or to this very ef*
feet.
The probability of the truth of this evidcnoe
stands con Brmed from the nature of the (lung,
and the state of the account itsidf, »liich has
not been contradicted by the Earl ; and aeenia
farther strengthened by an opinion which th^i
Earl bad entertained, and which be dropped in
his defence on Wednesday, viz. *' That tlMi
fitittor was not the worse by this method ; for
by this detention the former Master remained
still responsible/' and as he observed by [\lr»
MeUer's retaining some part of the suitors* ef-
fects, the defieiency tn Mr. Borret's oftice waa
not 90 large.
This seems a strong symptom of the Earl'a
Icnow ledge of the practice when it had obtained
his approbation.
But tlie money retained by iVIr. Metier w«i
no part of the price of the ofnce, but were other
sura J* and eftects which he retained in hia
hands, and nerer paid over to Mr, Borret,
upon the repeated application and request of
the suitors, who doubted Mr. Borrei's sufE*
cteocy.
Butf suppose the former Master had died, at
failed with these eflfects in his hamhi; bow
should the suitor ha%e come to a full and legak
proof of this transaction ? And how muny per-
sons was be to prosecute, to discover arid we*
ceive bis own money ?
The importance of this port of Mr. TbomJis
Bennet's testimony has given occasion to the
Karl and his counsel to object to bis creilit;
and All endeavour has been used to make out,
tbnt Mr. Bennet haseontradicted hiinwelf^ and
has denied here at vour lordbhips^ bar upon his
oaih, what be had formerly declared to other
persons.
For that Mr. Bennet being asked (with an
intent to prore his ability m pay the rest of hia
deficiency) ** Whether he had not said, tliat if
Mr. Hiccocks would pay him back £,000/. ha
would nay the rest himself/' Mr. Bennet denied
he had so declared ; and yet, as they urge,
the contrary is sworn by Mr. HoUhrdf Mr...
Thurston, and Mr. Elde.
In answer to this Mr. Holford gave in evi-
dence, that Mr. Bennet said, ** that if Mr.
Hiccocks would pay him hack 2,0O0t. he would
tuke care that the rest of the monev fahould be
nii»»ed.*' But Mr. Bennel did not say, " he had
the money/' tbooj^h Mr. Holford t«lieved ha
had by his manner of «pfakinsf .
Mr' Thurston deposed, that Mr. Bennet de*
ciareil **• tie would make up the re«t himself;"
hut afterwards told him, that ** all be had in the
world would not pay it :"
And Mr, Elde swears to the saoie eflact
I359J
10 GEORGE I.
Triai ffthe Earl rf Macclesfield^
[I30Q
■ Aad tbn testitnooy does not contradict, hut
ntber confirmB Mr. Bonnet's evidence. For he
made no direct declaration of his ability to pay
the rest, but being liable tn the suitors, be
seemed to be willing to get what he could from
Mr. Hicoocks.
Besides, his discourse at these times cannot
staud in competition with his oath, according to
the common rules of evidence ; and a witness's
credit is not to be tuken away upon an uncer-
tain expression, proved by each of the Earl's
own witnesses in different words, when from
the ambiguity of it there cannot possibly be any
toluiitary contradiction.
Bui the Commons will confirm the truth and
fairness of this testimony of Mr. Benoet, by
proving that the Earl had expressed the same
concern and dislike of the manner of these ac-
counts in respect of these items to others, before
anvMrliamentary enquiry.
There is likewise another matter of fact,
which assists the proof of this Article, which is,
that the price of the of Bee, and of the ad mis-
sion, are comprehended in the accounts of the
Matters' deficiencies, and make the greatest part
of Mr. Bennet's deficiency, and near a moiety
of Mr. Kynaston's :
Which manifests the danger and injury of
this unjust practice to the suitor, whose estate is
thereby put u|ioo the hazard of the Master's
good or bad success, and his property lost with
a deficient Master.
And here the corruption and misbehaviour of
Ibe Earl appear with the highest aggravations.
The extorted profit made by the Earl is raised
oat of those effects which are deposited in the
Court upon the faith and honour of the king's
administration under the care of the chancellor,
as chief trustee, by whose connivance (if not
consent) they are thus embezzled ; and the mi-
serable suitor must either sit down with the loss,
or be forced to expend his little remaining
substance in a tedious process to recover back
his own estate thus wasted and converted by
the Masters.
Unnecessary delays and protractions of
causes are the unavoidable consequences of
this practice ; and in this manner the business
of the Court, and the profits of the Masters' of-
fices have been increasetl by the pursuit of the
parties after their own effects, which in the con-
duction terminates in so heavy a loss.
The late orders made up<»n the petitions of
Mr. Hiccocks and Mr. Rogers since the Im-
peachment, and some since the Trial com-
meuceil, though not proved to have been us yet
complied with, and at best are but defiosits to
attend the event of tlie contest between the
former and the present Masters, have been
made use of by the Earl in his difence ; which
is a new attempt in him to make a false shew
and appearance of restitution and satisfaction.
Altboogh if it were a real and a complete
return of the principal money, it would be %
very small excusm and extcouatioD for the vmI
prejudice done to all the milHS of the Goqrti }a
the looking up tiMir noMgr, «4g
rities, and stopping the pay meota thereon far lo
many months, besidea tbe loss of interctffli
the cash, and their bein{( liiadered froe i6e
empk»yment of their money.
The Earl has not adventured to enter iait
|>articalar discharge of the total deficieoci »
signed by tbe Commons, upon tbe eviileoee^
Mr. Thompson, and collected from the aocooa
stated upon the late enquiry, amouotiocto
more than 100,000/. Nor has he given m
answer to the great loss which the ioooeeil
suiuirs sustain by tbe insolvency of tbetwo4^
ceased Masters, Dormer aud Borret.
This great confusion and damage broo^t
upon a court, where the estates of tbe looa
wealthy subjects, as well as of lesser people, do
sooner' or later come, became a national 000-
cern, not merely from tbe extensiveness of lbs
loss to the particular suitors, but likesi*
from the apparent danger thereby ahsioy is
tbe public.
This general ruin awakened the care lal
zeal of the Commons in parliament for jaftice
to their fellow subiects.
This introduced tlie Charge against tbeEiH
in the 13th Article, which lias been proved u i(
is alleged, viz. *^ That by this ui^iust aud fciirfi'
lent practice, the corrupt profit ooade by ie
Earl upon the sale of ofBces of Alastera in Cha-
eery, has in conseijoence lieeu raised and re-
ceived by him out of the efifects of the suiton«f
the Court, for whom he was entrusted ; ii
breach of the trust re|>08ed in him for tbe }lr^
servation of the estates and effects of tbesuiton,
to the dishonour and discredit of the Court, aid
to the great injury and defraudinc^ of tbe sui-
tors, in a court of equity eatablLsbed for Unr
relief and protection."
My lords, if the misdemeanours of wfairh
the Earl impeached stands accused, were not
crimes by the ordinary rules of law in iofeiior
courts, as they have t>een made out to be ; vft
they ivould be offences of a public ostuK,
against the welfare <iX the subject, and tbeoois-
mon good of the kingdom, committed b¥ tlie
highest officer of justice, ami attended with «o
great and immediate loss to a multittide vt'Mif-
ft'rers; and as such, they would demand ilie
exercise of the exlruordiuary jurisdictioe rerttd
in your judicature for the public safety, by ^ir*
tue whereof your lordship« cau inflict tlial ^t-
gree and kind of punishineat which uooliier
Court can impose.
When these offences have been proved ofM
the Earl iin[>eached, of what consideraiioo n
judgment can the Karl's mistaken and inii*
place<l charities be ? Can they alter tbe fsctt
charged uj>oii him ? or turn extortion and fnod
into liberality and piety ? Can the merit sfs
few private good works atone for the plooderoi'
the whole body of the suitors of the Court ^
Chancery, upon whom this Earl, by his miike
haviour,lia8 brought a deficiency of ]O8,000L''
He depends opon the pra van and wisba if
tbow few, who bare been the partaken of Mi
without bug aoffBicn bv hiaui—
-nkft ]< te QmmAi ibr j«fGi
1361]
Jot High Crimei artd Misdemeamru
ftj^ust this ^real oiTeftilcr, not only inctudes
ti»c c»rnjiliuats of the |>urticylAr simerei's, biii
i%\\fe iu!cu«ation of un mjufctJ nttioi), whom the
I Kai I had entktiiroured to cut off fn>in the pro-
SecttOT), which oti^ht lu be derlf^ tv tliem
Irmn the father of his |9CO[>1e*
The Coinmons havjuic now mjiintained the
Irulii auil jiisiice of their ChRtge initial the
fXiavt impt'achett u^ion ttii^e ArtK*tfs, jeare hitn
■ to jour lord&hiiti' just Oetenuiuatiou.
Mr. iMtw^che. My lords; t urn command-
j^cd to assist iu the reply r and since I wjis ohh^-
ed \u bear tny shni^ lo this pru*»e<^uljon, I was
nlltfijf it shtiiiM t»e Hiich nn uunhl ^ive me an
»p(>ortiiJUty ol hearing v\hat ^olihJ he said and
(ifed in the impencbcHl lord's Def't^iice, before
dke freely upon the mailers ia judgment
re yotir lunlship^.
And'l may now venture to «ijy, as he was
Unfortunftte to brin^ so heavy a chiirge ujmn
himself^ he has still been more unfortunate in
his Defence ; 1 submit it lo your lordships' ob-
tervanon, whether any part of the evidenc^e
»o/rered by the Mauagera has not been conlirrji'
^^ nay, enforced upon hiiDf by his own evi-
dence; and some ot the charges u|M>n him he
Ilia endeavoured to evade by iiuch excuses and
m^uments, as have made even his Defence cri-
mtnal.
My lords, upon the examination of the first
Iiritueas produced on the part of the Commons,
%\% lordship was pleased to make it a «}ur*»tion,
Whether h^ look the oath directed by the statute
NDf 12 Richard 2. The objection seemed to be,
khttt though the statute w»«» read, and his lord-
blip kissed the Bible, yet he was sworn to no*
thing. This was so surprising' to all that heard
it, and the rejwirt of it raised such iodipnallon,
that it mri^ht have been expected bts kirdship
would hate drawn a veil over this part of the
Case^ and have taken care that it should not be
neniioned aij:ain; but insteafl of that, his conn-
el, nay he himself, iiave thought fit to hriiig^
omt into dit(pMte in hrs defence^ and his
Eip does not even yet fully own that be
Fthe oath.
The stamie has bten represented as obsolet*?,
read in old Fn-m h ii\n\ not regarded, and the
f>sth noi duly <A\ that the ofHccr
^aaid naihing \u i ip, nor he to the of-
^K The witness told your lord»h)pat that at a
' fneetioff of the great officers every year in the
K.Tr'fi+'ipifr, this ulalute was read, and they
"ii ly kissed the book; and that tbrs
isual method of taking the oaih prv*
QnbiMi by tUatstaiule,
My lords, I would obeerfe, that if there bad
euanvthinifi ' : ' . ^ ' 'i that
lornship tti s his
jf, who wa.>< ill. ._.ui4 ... M.^i x^viiMily, to
tti them in u it^ht method agrreable to the
Hiii ihi M r.ir*. tht« »f»jL»ctioa is fery
%, , lor any one to
kite a shew of taking cm o«tb, txidy ft, by
some nice driitinctjonSf endeavour to persuade
him«cU"or others^ that hi* ii^ not wworn,
I ^ii not know but m^»8t of the oM oaths that
are taken, may by the like argumenls be evad-
ed, as well ftMhis ; the very oath of otiiceael
forth in thislord^a Answer i^, You shall sweart
^c. and in that case a nice di^tiu^^uisher may
as well say, that he repeated noUno^, and that
there are not words de pratrntif whereby he ia
sworn. But where i^ the detect in administer*
ing this oaiU f The officer reads out of the sta-
tute, thit the ChancelJor, ireasitrer, &c. shall
be sworn, and then thoy kiss the Iniok*
1 do not see there is much difference between
saying, 'I'he Chanc«'lloi , treasurer, ^c. sliall be
sworn (they being at the ssroe time preseui)
and saying. You the Chancellor, treasurer^
^c. shall swear*
I shatt thrret'ore have the charity for thfi
uoMe lord to think and take it for granted, that
be was sworn as the statute required, and tlntt
he understood the statute, though it was read
in old French, and that he did ni»t prevarical8;»
when he did this solemn aclr
Stipposing therefore thai the statute IS R.
2, is in forcei and that the oath was re.dly
taken ; the next consideration is, what the law
is upon the several fncts and circumst.iiiee9
pn>?ed against the impeached lord in relation
to his se&uig the otfices of Masters in Chan-
cery.
The Answer put in to tlie Charge of the Com*
inons says, The I^laslers freely and rol not aril v
bent a present without ad mittiu^i^ any particular
sum; we say that particular sums (and those
very exorbitant) were insisted on, aad a l^»ar-
^^ttin driven for the offices, as much as could be
in any case by way of brokage: nay, the very
benefit of having the suitors* money comes into
the consideration of the price.
The words of the statute of R. i, are gene-
ral, and in point of reason it should extend to
this case above others ; because the othces of
Masters in Chancery do not only concern tha
admiutsiration of justice, but are to some mea-
sure judicial ; they traii««act a great part of the
business of ihe Court, and have usually been in
commisstuu tejgcther with the Masu r of tht
lioll*i, and the judges, for hearing of causes.
Lord chid justice Coke in his :jid lnstttute«|
p. 145, places this otfeufiC of stalling ofHcea
iindcr his chapter ol Bribri y ,w here he stales tht
dcflnitf'-n ot hribcry to l»e, ** When any man in
a '^oe lakes any fee or pension, robe
or . I, rcwartl, or brokage of any per*
sou iUiki huih 10 do before him any way, for
doing his ofllce,*' <kc. He commenu upon th«
wordsof this definition, nnd more particularly
upon those words ** of any person that hath t9
do before him any way,'* an J he lakr* no*
tic>e, that it is noi confined ti» taking money ^
^^,|^,..- .. ...» ., A — - * t,,T. tmt nUo whf^reany
in toy iliin;^ fur gift or re«
Wit;,.:,. ,....,. "* his olllce, thougti
there be no suit at rrg*
Forexample» (s , , ' U the lord trea-
surer, for tny gdior brokigt ibaU make any
4ti
jy.r
'JT.'-t
7'ia' 'irrnt Lar; r^^lesurtad.
"I!W
<f' '.Hi f. J- tt :..
•» '^ .1 »S|:. .-•• . • : •
y ••:- .V. .;
^.-f ..»• ■• Ti- • ri* III
'.I* •'•rwifuv.'t/i '.i.a*
•/•
«> «• I'S
. > v'
f ••■ 111-? *K: » i» •;«»»*- I .»*-•» 'ijt • i;-ili»;»''- r
•'•*■» ;««n:i .;*•,» ;*»-*>■ nn Jir* H'i^-if-; Jir i,rt h;^
fill i»i> kf *l' : i« |i»'i ■.'*^'»tl'i7' «;i"Jl»
• •- «l •■I'.ii*- n>l'.U^ .■ '.I'-r .■-■! »i,»-, !■•»;.-
*i 1 •» lilt' Mr* .'^■. •«•... -uf € ' -i'. •- ?»-:!j»r'ii»r»
i«.H r'liSf' l^ci: '.1,1 i.'i-,:.v '.• . v« 7 .» •r.iv "..■.:.
»« MX •#•!• ' y . frt^- - '. •^.#.»'.' r
v.- >^ •■ ■' • • ■*»"..■;' .ii» *•'■ » v" i'*«»i--»
*i.' lijf j^. ■ •• ,•;! II.- .ii- 'ii r ii.» i.i ■!•■ •-■'.. w:
tf.» CM- U> i ?f 4 «. : ;; • ».-t i. >«-i.t ; •.»-.€: :
ftfiC ^^u'i.i'^t !»■.••*■.■• ,vi •: ». . . J «-i !ii
•>""^;L ;*• Ji. 1 iii' '. .t-»«'v«». " :• .^- •■ \^ t
/i^w. f«?yj V . -1 ■. ^■.- : , ' -v^'.. • X." •>
<••«; (ft* *■;■.- tt 'y ".ij*- '. .V •■/•■• I . »v •-.:. i' \
^7 ivn»
i»**»j*^i«i- rut* f»c r ^tMw*— '
#^i*n»*-mi-r i -1'. w w;l i-
«r Lni»- Hi*:!!.!*-. t»*ar?* le- ^1
II**- nulii'r UlSi**Blil'.a 1 ^ ■ TIB-
n.'ii'i* i»ni Txi- i.:sz^:(* ZM- tmx r-
•r K iia-fc* III* K-t-inic «■■ ^^ ing"
t:n*.ifv Diniiier oiiyi >■. lac z:a
ti»f% lUtft'i cwn ir-LUT' i a t
i»u • »'. r iii4'.;. T'-'. :. iir
o' lutni^ uaii II* til- rrTWTT Tr jl
.y r •
WT- X;»T1
U»*.
rrfii-- *r
I
1
*-. '!••: ':'.V:
^•w M'^.'^r. 'rf • ^' ^ ■ . ■ ■ '< * r.i" . ',*•.*: ■ < v^
9*yj*\i/j .: **'/}. r /■'. "••■■« _f . r •■•,■... •*-
'/? i -V ;#•-.'.' . * -' ■■* *'- :•■•-■ •« •■ •**'■•*
v»'/»';t *% V tt »'.s-?.r •* •»• 'i/M?' . <'>
ft'/. eii'J •//•^L \i/,A ^ !«.r •.:,•; '/>•*'** ',* •I'..- '-
•fi^l ■/*..' W.'.k. tr.^ !,«^ * ■..* v-.^K l»^«-.'. •*, \ \
i» '/../* •»!;. t// ; )f -i *./ -I •. 4- ■ * ■.-, r. J'.ir
I '/if* tn't fJ..^) ,% ;s r ^» .I'-'i; **■•' • L'''it
f.^i ;v< (/I Oj/^jf'-Js" '.ri ,•! iJi** o;r./;i •• 4 .-: I'jCli
Jl'Jf.'i'.i 1 J: -.ify «i. ;•/ ;','J». J*'.>.^'i. Mp'^j iLiH
!»• '■» Uf :>.'!.!' ... : V, hiv, tM- p:i!/!i'. fr**
I.'. I I' 'i t', ij«, I', f /•#! I f, ;jf,',',i nny I'nirj'/, U'tl
*vi*«:'»,i » il«- 'f',.-; iff ;i yo'fil tA..tJt ; iJi^t ;J
111* l*« ^'/, I'll |,i M.i; Ik r#'*l hufi, lJiOii;jli h<: '
riw-ft 1:,. C.»,.5-;i I r.,r rri'^jii-y l'>r hi-i |iUrir. '
Jl'M-I |ii*--tjf|.- h" 'A.I-, ■ 1 rini'iU- tliiil it mii^lit !
l/t: oli;'-'ti-l. Ill J ii,( •,.,'j!f: Ji'^ijrfi^jit ivouM .•
li'iM I'M fii-'ij.; lii'/.f-v i;i I «;:fiif»f' tj'-l''r(: liilU, |
pMriTiiliil u «.i. :t '.M/jil jii.|;^rrMiil : An-I iIh-M'- !
I'ii" M.''. |/lf .1 1 .1 i I ;:ty iI, uiii' iliMi i(-n':<' fi<f- I
liviiii Uii*: f iTi* ii|ii| »i' ii.'r .1 l,|-ihi- f'Ji jijfl^irif;ril '
iit I f .«ii»i il, thil III rl|i iMi'* •..! ii: till' I'iirt} Ii:li» !
N iK'til lit li:«\. |>.i|w'iii r;i :»iil ill tl,i- iflliiri r:is(? j
n-i III III III I II ii^lit lit Ii; I., vuiiror rt rfiriirni'iifl- ;
kii'ni, null I.4 iijif.ii t'-mi I. Tim 'i*t %ity t'K-
II i'ir(||||it|\ , ;n.«l llif ■..|i|..' ;ii^lli|l«'ilt \liltlllj
|. ■!.%.■, lliil II I. I .\.l :i i.,| |i,.n lo l.it:i* III"IH'y
fi •■III I » « I \ piilr.i- Hi II riiiiif -. mill \\ , •.l|iHii*»ti*r
ImII Ii in nil! l.iiM<\ii, iii.it iiif. ('|i:iiifill>)r
(;• iii-i illy Mi'iiiiiiiM iiil« til hill 1.1 ■«•, mill vM it
iiii,;lii tiirii III' it.i il, U II II In IJii* |M||ilii- ihf*
\^i>iM', |iiiiiriifii| lir* |ii il •^nml |iiilt;i' > Siirclv
lliri |h 'ilili 11 ilfii-lti.ii', .11 14 ii'it I'll III 111' pro.
iliiiiiii.il III fill' uiiiiij, iniil (Viiiilii tf 11(1 to Ulli-
vrnijl « iiniijiiiiiii.
V iri"»
fc"t*i»- - 7 » •• w vn:
1*^:1*- faU'iiir'M tiu!
firtivuii* br*. i* E i*e»* A It- aarrsa
r: I", lit Bx til* Bun; *jxtmr t- -:1 <*%
••:c^! 'bt BijSHnr nsiD-iuxk; s;" irttr SULK .114
•-b* <JuM II' ^-iiiiiirclirr »T- tie nsnr^ * M
«i*»i*jt : iiiir r n »* iift- afn»'v- vt^^ xk ia-
t***» y ll»* «5i5t V !:• il" Ixm." Xint* . Tlii T'SZ;
i»"^..u»ru- -f til- maui*- ifSftirr* ^ -ur urTjoaji
l*. * '.TOii'-Kr^- •■'»n r. ;. 1- -r-T" ^mr**
fcvr^jtfM- :..t «»n?Bi'ii iLv tiKL •- fiiim:iAim
r*tv/? . t":r»ui'. buai" *!«* iiu.n»sc Tiia.-; rf vj-
O'if'urt I'.- 'I* Lil.-. 17 ■:!•'.«-* :!•». : Mxit- a n»«:A
'..'■'*y^' T-^'-'iiia* Aiii iii*?"riir»» ^* axi» ^
Jir. »--.;i!j>^ itij- n*L"i«^ -*««nfrf !■!■» tan
I V,it «¥'.•,••:*' f E^wtT :. I ill nir K»iicts
iri orJ'Tj'.^ t»i^ riis^ri^'-if-xii'i- n xik lO.Tf K
f. fji- ' <r "T :■ »•■ .. '.■-■^i : r^-i «■•• V»*g-*^ i
fv7»: I'.-
rw i.-'ir:.-
;»*
k« L 1-
21*
7j;.
»•.■>• J Tc
.*
r.E
t-i-
DK
tui r: H
Vrl'.ri/
',1 ^jH.it'i
'•
l:
• :•.
: lii
= ;r ::f«a-
i.n., '
ArA ".U
-.
■-
il
'-:
-..-^ T'-a-
:.li:. Kr
f'ir«r yo-;r
_ -L
:-*
1 C
r-ii'W^ ' !?
pill ir.
f.nif>rs !Tj
a
n.s
-..
■: :
1: .*
rciFS^SfJ
liv ar.'! fit' jja'-.i-;
.*-:
t »
W
L--2
. c
:t Tr;s p'"
ifji 'fFi
tn: is*t'*a|i
•.'1
.r.T,
]:•
^l\>
-«c
L V •^'•la
of r.fh.
i: to :i|/;i
..:.
: <.
1."
i-\
: N -
- - ii»i i: I
wIm-ii lie fIo«-s it Ii. c TTJ'v: T^ir..
As to this jKii-.n, tJ^T- "s :i ir^t-M 3ei! ct" -H*
f»'ri-ni:e ImLm-i n <ii!t- nircor ^.l.-^j lo aBot.i^".
;fij(| a jiidt^e iliiii |.m«. .l.-j i:i in*.* c.»jrT. ni.ost
tlhty It is to see tliat praper jwrssc-v* Sf ai-
pfiiiitcci ac'C(»riliii;^ In law ; iui:t<^i:i of tbai. b«
this riiithiNl he ^liews them a b\:\ e\arr;!f (B
tlifrir wry stilii iNsjun into the nfiice. anj into-
duces tlit'in hy ro;riiptinn in tS ' tirsi in«urc«.
eteii hy the «ery •'ici of aihaiiiistorir^ibeoa'Jt
to them.
It' this ^oat officer shniihl lie liable to M
other piiiiishinent, th:tn uu incapacity of no*
minaiin^ airain to the aanie ottice/ the act
vvoulil have little efferi, anil that |)enAlty woiiM
Nifriiil'y vt;ry little ; since his own oHice u dor-
in;r ph'asiire.
My lords, I ahall now proceed to reply l0l^
defcuce that has bcea made oa the TOJmitfc
1565]
far High Crimes and Miflemennort.
»
tiMl ftll Ili« tubfequeni Article, which isibe
proviDoe uiore ptfiicuUrlv a»sii?iu d ti> me.
The Cbarge in the Tliirlr. le is,
that upon the failure of Dim ^ ad of
takin|^ proper stejiii for ubtiunmi^ a liMit^fiictioD
l>y r*»trun'r ar^d jiTshtiabic mrtbo<ls, the earl ot
?« I k (J HuJ drchiie*! ihose me*
t y iuJtrect pnHt:ces enJeu-
Tuurtil to cuuteril lijc true slate and comiition
of the office; lest a puMic tliscavci'v of ihe de-
ficiency should les8€u (he unjuit ^aiiis Iw pr'j-
noted 10 make by ihe sale Qt' Ihe office* of
jMaiiterfi m ChAoccry.
Upon this Article the taipeached lord hag
ggyj^ It.. (Li.kLr^ ii |,jir,i thai tiiese niiscarrifi^ed
iliuii! ^'^ed upon hirn ; ihat Lliix utf^iir
ftboiu i' 1 -c i^as a oitsftirtone thai mi^lit
liave bnppeuetl in asy other Cbattcetlor*(» lime,
and not hJR f&ull.
My lofiis^ tRlhis unfortunate lord bad done
what bfiramr hrm in Uh Uigh station upon the
fftilure ol r, G<h\ lbrt>id ihat lUe tnia-
Ibrtune n, licc should any ways Itave
n laid to i^i^ cliiirsfe j if he had heeu de
tirou« to buTc procei^ilrd in a rt*|^ulur ntethml,
lie oiiifbt very easily have done it ; the paths
of virtue and justice would bavo been esisy,
ike need not have found himself at the end of
Jfour year« iiurfouude«l Mrith iioch insuperable
' .difficuUif'*,
If a fair, plain, and open method had been
iaken for enquirtug^ into, and sliilii)^ ihe debt
clue to the ttuitors^ and the account nt Dormer*^
^<tfftttM to aatiivfy it, there could liave lieen no
^Kdan^er to the Cbancellofi whatever the delt
^Keicncy had been ; but the trutli wu-i^ be could
^Kpot part with thone va^t and exoi biiiint pric«^,
^1^ which he had at that time raided the plact-a
' nf Maftcrs; he tbuod the aweet of that gain,
mod was wilUog to run kome hazard tor it.
Though it was known that Dormer was
gone, yet the quanturu of ihe deficiency was
not kuown; and if it bad been public, the mo-
ney nii^bt probaldy have L'€*en taken out of the
Blaater^s handv; a parllamirntary enquiry
might have enaued, ami be mii{ht Jiave iosi
fort
^^Mtro
^i-f^l,
lie afierward>»
and tiie*€ weiv
i DO-
Milh
tboae exorbitant prot^
•dually made of th
;^lrue reaiioaa f*i
dettioe prm •
J die hiinlei^l i
tty to himself hy ref^uiar <h i
' IVbcn onlcra of court are regu i 1 1-
is a tjUK'k way of nutting ilii^ni In t:x<ceuiiou :
It baa been o^r<;erTed hy the counsel in ihitt case,
Ihat it i^ i< 'litiouf ntfaniHt nii oltM.^er of
IbeConri ihcr ; ami it is cerlajuly an.
There m]|£ lit have heen a 8i*ciuc«tration a^^ain^^t
llormer in a very liult- Litne, and that would
liave «jIjt'' " "' ■ " . ■ ^ : n|*
lua#fi<c( ^i
inn (jTreat iiii .^ii.ir ii..»"' . d
of the ueceiiMiy ot Uoruier's ' 1
liavinK h<« liberty in order tti t
It wa^ hkewt»e auiid ih^t it wipt ii
iii9 diMjovery of hiii etfectii ; and j.
«|jd ooiii« oYtTi bt wai oarer «Juiiiuiod oa i&-
A. a 1725- [1366
terrogfatorics. Surely, if a Chancellor will
take upon him to ^rant a man his liberty, when
he 15 to make satisfaction to ibe siiiionij hf
ou^ht to take care that lite consideration lor
Ihe granting biro bis liberty should be per-
forated.
lint it is said, what harm has happened hj
not biking' those methods f
My lords, here arc two remarkable i
of the conscquPuce*i of tliis oei^lect, h\
appears neither the debt to the suiuu'* >»^a.3
known, aor the <[uantum of ibe eflecla tlkai
there wfro lo \ny it.
Mr. Edwards told your lordnhips, that tho
deficiency of Dormer wa% at tirnt about
'jfy^OixyL but that iihout a inonlh ago he dis- I
covered a farther Athi of About J,i>CQ/. Here |
thtre i^ a vfry ;^>eat deficiency concealed : on
the other fcide, the effects of AJr, Dormer, tluit
aliouhl have gone towards paying this debt,
have liecn concealed and lessenei) by the want
of such an examination. Vour lurdKbipi
heard the evidence about the parcels of hopt
htloo^/uiir to Dormer, that were wonli 7 or
P,uoi. that lay concealed four yeai-s, and were
not discovered till lately. The counsel, indeed,
aaid, they were only a parcel <*( muvty hopt
thai liud twen f<nmd. But if he 1 '' la-
uiint^l (»ri ioifri ogatories, in all \ he
would have diiicovered them at u^-.^, .n.i ihey
had been worth 5 or 600L more tlistn now, and
the suitors uould have liad the banelit of them ;
5 or 600 A is a canniderible hum in Mr. Dor-
iiier's etfects ; and no one can tell hut thert
might he other insiAoce^ of the hke kind.
tVhut is the answer Win lordship |;ives lo thii
groHs and wiliul neglect? He tells your lord*
Kbips, That he gave dhection^i to the two
senior MaMei^, Ut moke entpiiry into Dormer'*
affau'S and accounts \ he lell it to ihem, and
that they did not think it re<jMistte lo examine
him upon mternigatorics, or to use him y^ith
hardship*
It is very extraordinary, that in a matter of
that great concern, he should content himself
with a parol direction ; ordf'rs ft <mu a Lord
C'ltuncetlor, th^At itrf in earof^t, aie always in
writing ; nor crtii they be luforced unless they I
are so, and ibeiefore there must be some pri-
vate reasons for these extraordinary priKieetlingi.
Anotbrr ihiui£ that was in^^istcd on« Wtis, (
That the £ar1 (as he exprevse^ ti lo tits Answer)
wa,» made to believe, that th** Musu«n* would
make good the iW^ficteury. VVbiit reufon had
he to believe it 3* Tbry never ttdil him <o ; in
a matter t»t tbait moiiirtit, lie had no rea^tui to
depend on an hear- say evident^. Re kne>r
this was to be an undi*rtakiut£ tor the debt of ]
another, which could not Ijy law lie obligatory,
uulesw rrduced iot*» wnloig.
My lord**, I ciintiot siccounl for lhe*e tfiiniri,
cilher in thr ^''- flor, or iboM" Ma«iT#»r)* ihat 1
had the oji ofihis atfair, untrsisit t)€ i
ini;llit- *trl,, |, ^ ., „ . ^ , „ j lU <!OnCtSl tllC 4li 'ficit'OCy j
. 1 uieiiii ihe ijuantuui ol thutdrtC ,
, lid that bolb lh« Chancellor and the
two acmor Alaitcfi thought it tli«i/ tutaeu
I
N
N
I
do ID, that tit of (ht'm mv^Ui t^hare iit the sale
ot'lhc places: the two seuhir I^lii^tcrs were ile-
rifuus (as was menUoncil by the eviilcoce) lo
ftell out, ftnd llie CbaticelJor was ready to re-
ceive his share of the money.
The Fourttfcitih Article is the Article about
the compositiun viitli U ilsnn ; and ( fniist heg
leave to siiy, iiolwithsiaodiun^ *vhat has b«ti m-
suste<1 upuo, that it is a clandestine, untisyal,
and uu warrantable pniceedinjf* We did lake
the hberty od our evidence to this Article to oh-
serve to your lordithips, that the petitiao of Mr.
Edvvard»s (un which this composition is founded)
takes notice that Dormer Has tudthted tu the
«uitors of the Court iu several coot5idenible
sums of money ; which aiioutd h^ve been a
caution to the Chancellor to have taken a more
Ibau ordinary care in this matter ; but ititsteiul
of that, there is not any one order^ affidavit,
report, or any ooe proceed mjf, that appears
tipon record throut;houtiliis whole affair.
The report produced appeared to be the
original under Mr. Hiccocks's hands, which
Vffkn a demonstration tliat it was not filed at the
lime whf'u the order waa made for establl&hiug
tbld com[JOkition, nor has been since.
My lords, if there he but an affidavit annexed
to a pelilion,carifts usually taken to order that it
ehail be tiled ; but u wjs not thouofht conveniint
in this case to have any thMi£» public.
My lords, the earl of I^taccieiitii'ld, in his de-
fence to this Article, betran with a copy of a
judgment obtained by Wilson againat Poulier,
that was signed 22d' December, 1731, and is
for 187,74/. whereas the debt pretended to be
assigned b^ Wilson is2'2,060/. 80 that thohtfh
the judgmeol waa for all that Wilson could pre-
tend to (lor aught appears) yet the debt pre^
tcodeil to be as*$i^ned, In mentioned tu b^ above
3,000/. more than what the judg-ment is for i
which is a farther objection to this composition
that did not appear before,
Tlie next point the Earl examined to, was the
Bufiiciency of Fo niter, in order to prove the
assignment of Pouher^s debt to be valnuble ;
and there were two or three brokers produced
on this account.
They were very unlucky witnesses to prove
ilie man^s ability^ for they happened lo be the
Tcry persons to whom he had declared his in-
solvency ; one of them (Scott) was emfdoyed
to go to Mr, Wilson to compound with him.
Bitt then a very notable di»liurtion was taken
by the Earl himself, that thontfh P»>uller dis-
closed to these witnesses that he wa» insolvent,
and that thny were let into the secret ; yet all
other people took blfii to be a good man. The
evidence (iroduced to prove this, were only
those that knew he wna inaioUent, and tiiit one
of all those others that it i£ said took him to be
•oiveot.
But we hope we have made it plain (and if it
were DPceaaary, we could make it clear beyond
dispute) that Pouttcr was a broken man at that
time.
Another objection was, How does it apjiear
lliat a better coippotitiQa could bare beto made ?
o/the Earl ofMatcieffiM^ fOtl
My lords, those that pre4cfSitclotili«i«
tliem, without a lawful autlttiritjt «» »i
compositiou tobmd the iiArtiirs coocoM^ifi
to make it appear to tie a rery gxwd mM\%
on tlie contrary tt appeared hi tliia csytit^
examination of Mr- Etlwania, that Wia
(wbeu he was aftervrard:^ charged ^ it
owned he had paid several oibrrs fbarii
debt«; and it is notoriuas that tie kefrtkai^
open till lately.
My lords, the answer to ©ur obj#oliiiB,ia
no notice was civen to tlic suitors of Ika i^
fcrcnre abiml the composition^ (Tarriol itt|l
thoiii,'Ul) some* hiug exiranrdbsArj. li «ii ai
boih by the earl of iVIacclesfiekl uid has cvmm
Ibat whatever the Lord Cliaiu'c^lor dwt, csi
not bind the suitors, Ihe^^ not having oorioMl
therefore the suitors mii^tit reoo« isr the «IA
from Wilson, and nobody was hurt-
My lords, there is something very ihadii^
iothts i'xcuse; it strikes mne borrur lodMk
that this poor ignorant man (VViison) lAuMiUti
made to beUeTe upon the laitb of a ostfttf
justice, that his comfiosiciofi was in fall %■
charg^e ot his debt, if there was at ihesaxnraBi
a reticrve, that it mi|;bt be set i&aide formal^
notice to the suitors; the exeuj« fefasi
carry in it a greater g^iitU than ibe cm
charged , T h is u 1 1 fort uo&te m&o ( W * Isoo ) *•
living at the beginning' of tliis trial, but h»
since laid violent hatids &a btmacif, andk«
d^ai : I make no retleciioD w bat tntgbt bilk
occasion of it*
My lonls, I did mention that upon the ^km-
lute order made tor Mr. Edwards acc«|iliBflkil
composition, it was ordered to be accept^, will
this addition to the order, \ iac, •* Of » h
notice forthwith.** 1 mentioned it, thai
might have explained what he meant by d»rrfi-
ing notice after thecompoaiiiao was ordered l»
beaccepled, or to whom notice was intended t«^
given ; 1 have ht ard no answer to that, but ivbi
the Ertrl was pleased to &ay riV'-'t »*-- ir*T.->^
tliaton reading them, lie tUoi
charged with compelling Mi i_ . .:
ceptof a composition without nottoe 1
w hereas it ivas done on the ptftition of iv
My lords, the notice should bavt I* 1 ,^ '
the suitors, and that before the tc^m
was ordered to be accepted ; that la ^^
Articlp charges, and w hat tbo lllatTwi?f
on, and no answer is given to that ^
It wa«( said, That if it bud been
be heard in the ortlinary cittir^e {i i
third of August) in vacation time, it < '
have come on till the next term*
I believe that lord knows it h.
happened, that partimlar petr"-
heard in vacation-time, if nec«
and I don't understand why ti:^ . c , -.
siicb a fondness for having thiH done m> madi
in haste, unless it were for the purpose^ «4iiii srl
i n ih e A rti cl es. There w as likewise s»j 1
said by the Earl, of the st rikinsr nta
prayer of indemnification, til.
fiabie, it needed no order to u
it w«re out justifiable, it ought uoi i» i«^ •
Jot High Cnmei and Misdemeanors
rltat we say i«, that it lookt like % diffi-
whether it was justiiiAble or tmt, aod
I it was put into the prajer of the peti^
^hat Mr. EdvtrardH mif^ht be iodemmheil ;
\ Cliaucehof ilioi)<jftii It not jiiRtttiable, be
to have let Mr, Eil»ar<lH knuw it, aa
\ ail he uiii^hi to ha%e let Mr. Wtl^» have
» tbat the composition would not be gooii
i the Bailors beioi; parties. As there is
eraUle account given for such an ejctrn-
I proceedin|||r, we aubmit to yiuir lord -
hetber it is not rightly charf^ed to be
Ke uiiUwJui piirpoaea rnentioued in tbe
II a coiumisMion of bankruptcy had
k^ otit aj^mtiiit VVilHoii, tlie ipjanium of
tto Dormer, and con^eijiif^ittty of the
' the fiuitors, tiiuiit have been known^
Wher auiiors might have been al armed |
thoniiij^l* reformation mi^bt have hap*
4, which iiiigbt have etided iu the inkint;
f the money from the Miif«teii(f and the
ef the places woohl have been low ered,
f waa alwsiyfi mo^t carefully avoided.
U>rd«, I now |»r«K!e«'d to reply to the De-
made oji the Filtceiilh, 8iiU:cntb| aod
btceuth ArtJclea.
ke Fitbenth Article is, That after the fai-
{of Dormer, the earl of MacclesBeJd, m
p to carry <vn his corrupt and unju«it pur
A. D. 1725.
[1370
diflicutt \ we say it was done to get froin th«
Masters ttOoL a piece to quiet mattert* for the
present, nod when ihal iras done, there was no
more use made of ih:a order« But %vbat it
haost woudertui of all is, thnt^ tbout^h in lour
yeara lime it was so ditFicult a wtok ihat it
could not be dom' ; yel, when the eumimttcc
of council had called for the Bccorapts, tho
earl of Mucctesftuld uaetl such dili^encCf tbat
he procureil them to he ready in a wetk'a
lime \ and tlioogh all the direeUons and parti-
culars which he had required, were not ob-
aerved, yet it "veems they were all thai were
oecessary and sufficient, and it was hoped
such as would prevent a parliamentary en*
qoirj'.
Toe Earlio bis Answer Taluea himself much
upon this expedition, not considering how io*
consistent it wus with tlie ditticullies which
were made an excuse for not having it dou0
four years before.
It was iosiijted on, upon this head, that Mr.
Li^hiboun did n^^t pay, and yet be brought ia
no account ; but hi»wever, nirte of the Mosteri
did pay, an<l The Chuncellor well knew jt would
have Wked very |>aaial to have pnK^eded
ai^ainst one siofj;le Master, and uot the re«t ;
tbat would have been Iimi hare faced, and so
Mr. Lightbooo e»c*aj»ed too ; besides, there
, and to conceal the lU^ciettcy, diil call | wait not ^i total despair even of him, lor tie
It acconnis of the MaKiers, not with any
of exammm(jrihetn, or lo secure their
|lii but to terrify the Musfers, atul ohli|^e
I to contribute 500/. a-piece ; and after that
pbae was 8erv«d, did not oblijre them to
I in their accounts.
ke Six teem 1 1 iti, That he persuaded the
Irra to pay the 1,OOOA ordered to Mrs.
Py for the like purpo!»eii.
bd the Sevruieenih ia, For letting all the
by belon|jmi( to Dormer be paid away to
I of the suitorii, wtthrmt obtprirtnt^ a prcH
bit, to which all were equally entitled,
f the Fitteentu, the earl of !Vlaccle»^fieM
in hia Answer, That he did really call for
ceompta with ao intent to examine thetn,
ihal he mifirht rri^utaie matters, and that
the 500/. woi) paol. ii.ti1l he called for the
for that there was a letter sent in
1721, to the Ma<^ters, inatatio|P
hftTing tb^in; but aa to thia aeeood
; as Mr, Cottinirbam did iiot apeak at all
Bvely to it, but that he believetl, Nit could
be poHjtive that it was sent, and that he
taken no memorandum of it, &c. we must
Mve to acquaint your lordships, that ttiii
id letter was ni'ver sent ; and every one
le Uaatera will ifive your lord«bi|Hi that
lot s But auppoainfr it liad been aent, can
iMie imaifine that the Chancellor would
ate pursued tiiat direction, and havr had
I icooiopti, if he had really »nirtidrft it ?
lb the excuHc at la^t? tl*? had retpured
hcutara iu the accomptu, that it
nj^Nncticable to do ii« My lords.
Articles b« true, it un-
several tim^^R utVerwards ttpokeu to about mak*
iofif l^ood tim 600/
It was said likewise, the businefis of liie
Court mu*«t hate been at a stand, if these ac-»
compts had been nuntued.
Ms lordji, if it iiad been so, it had been more
for the reputation of the C otirt, and for the
bene (it of the suitors in jreneral, to have bikd
some time employed about this necessary
work ; and if there had been a wilhog mmd^
one \nu^ vacation wouhl kave beeu autficieni
wiihout any iaterrupiion to the huaineMi of (be
Court,
Alter all these excuses the Ear! ia pleased to
say, if be had taken the accompta, it would
have liiirntlied noibin^ unless he went farther,
Mj lords, if h*' never beifun, he could never
brings any thin^ to (»erfeclMiu \ ami in bis An-
Bwcr he coofesaes it was »tecoi^arv to have the
accompta in order to make re^ufation!^, liut
after all be ia forced to come to tbisconclu*
aion (a* be nay^ in hia Answer) to tfo on m Ibe
same rontl bis preffeee^st rs hatl done \ lhoug:hy
by the way, it hai Hp(»eared to your tordhhqi«|
tfiat it IS not I be Kame n/ad ; for his two imme-
diate^ predt'CesiMira did call for the accompta,
and had them,
The Hiirternth Article is ffrounded on the
penoiaNions to pay 1,000/, (ordered to Mr9.
Chiti> ) to prrvent a parliamentary or public
enqiitVy, and \{y,%\ the EnrI afterwards paid the
aame himself to Mr. Lockman, Ace.
My lords, we cjiMed six or aeven witneMi0 '
to this Article, and did ob^terve at that lime
the Earl tn hi^ Answer said, lie behoved htf
persuade 1
I Mm 4<iigti lb« better, that it aboutd be Aad hii lordship was |>)twed to i»Xi wben hm
1371]
la GEORGE I.
Trial of the Eart of Maeeln/UU,
\\Zl
•poke in his Defence, that he still iiclieTej, that
be (li<i not persuade them to pav it.
My lords, it is very straoi;e tLat there should
be any doubt made of a; the occasioo of the
meeiinif, and the nature of the tliio^ plaiuly
shews It. First Mr. Cottini^ham went to Mr.
Lfi^htboun, and tfild him, that there was a
present occa^icm for this 1,00U/. that it was
proposed he should (»ay the 500/. (which he
shouhl have paiil before) aud tlie other Mas-
ters 5u^ a- piece, which would make up the
1,000/. Whpu the Musters were ;;oin^ to the
Lord Chancellor's, they discoursed ainonif
thern*:elves, th:it tlicir p>iui^ was upon occabioD
of aiiotiier call for money.
When the Chancellor came to them, he
mentioned the pressings necessity there was for
paying: this 1»000/.
Mr. Edwards particularly says, that he re-
presenieil to them this matterof 1,000/. as a
thint; of consctjuence, a very pressing; occasion
of a sum of money immediately to be paid ; he
said, I do not know what the consequence
nay be ; clamours bc'^in to grow stroni;'. 1
do not know but it muy come to a |>arriampn •
tary enquiry. Mr. L(»viboud says, that my
lord told them, This was a matter that requirell
great expedition, for one that br!on<;vd to flie
prince's conrt, and all of them understood
there was a proposal to pay the 1,000/. and
that was the occasion of the meetini^. A!l the
Masters that have been examined on this head
confirm it.
What is it that is to evade all this evidence P
It is only this poor shift, i did not (says ihe
nolde lord) persuade them to pay the 1,000/.
but I persuaded them to pay all Dormer's
deficiency.
My lords, there is no evidence to support
this distinction, but, on the contrary, there
irere arguments used ftir the advancing of this
money. And if he was ni;t able to persuade
them to pay this 1,000/. there was no likeli-
hood of prevailing on ihcm to pay the w hole.
My lonis, another matter insisted on iii re-
lation to this Article was, that the money
pleased to r^inr it to Mr. £dnrini«,to»^'«
whether there was likely to be aUi«:i3r
money, when at that time lie kDewtnv^d
that all Donncr's inottey was goae,ai^.
£d wards had none in bis hands.
The Seventeenth Article is lor ord<rJciii
permitting Dormer's uiooey to be {lul d
without regiird to proportion; thisvotiu-
nifest injustice, and so disctiursed otbosM
tiiis lord himself and Mr. Kdwgrdi; imui
answer that is ^iveo to it, is, that sek^t
produced but four orders made by ihcia-
fteached lord for such iiaynients.
Aly lords, I think it not noaterial wlwto
the orders were made by himself, or iLeCwfli
he was warned several times of tbe oott*
quence; he took the mauagemeot of tks
matters to himself, and let things rea s>,
hoping the money would last his tiaM;iai
now all is gone, and paid away, and mu) cii-
tressed people are left without any this^'. h
the cause of JeCt and Junes, the ordcfs ibtf
were read, appeared to be made by tJii M
himself ; and the parties have been so Ijrkf
as to have got their whole m«»ney, s^t^
others are in the utmost iiccebsity wiiLoia sjf
suhfiistance.
The consequence is, that the rest if w
suitors, who were entitled to an e«|ual pn^-
tinn, have no remedy for it. \V liat out i*
done for them in charity and compasstoo i^ ^
another consideration ; but ibeir legal rigib ■
taken away by him tliat should have prsucsa
them.
An objection was mailc hy the connipi.ibK
there was no fixed fund of* Dormer's c5eas
from which to have settled a rule of (•r^'^'
tion. This is excusing one fault by acotUr:
fiist, care is taken not to have an auk-q^'^^
settled ; and then that is made an excuse w
not settling a proportion.
The i^i;;:hteeitth Article relates to tbo ou-
ters tratfiekingwiih tiie money ; which vtfu
notorious, as that there uas such a pl'tct ^
K.\chanu:e-Alley.
The year 17120 has been meutioncd Mh -7
which was paid to Lockman, was paid out of ! the Karl and his counsel, nud it was sotaui i
vnicn was paiu 10 Liockuiau, was paio oui or 1 inc r^ari nnu iiis vuuiisei, nuu 11 was souw •
compassion ; Lockman s<iys he took it as his { \ear, that surely, if a reformation wereeu: vs
due, and I think he was in the light; he ^ '~ '' "' *' * ' "' '
gave an assignment of the order, when it was
paid ; and certainly this can in no sort be added
to the list of this noble lord's charities, that he
bas l)fen pleased to publish ; hut the discourse
with the Masters before shews plainly what
were his inducements for pacing it ; he feared
the consequence if it were not paid, and chose
rather to do it, than venture those enquiries
that the not paying it luiifht occasion.
1 think the' Earl seems to agree, in sub-
stance, to the declaration at the end of the
ikrtides, that was made the 6th of December
last, viz. that he had heani of Dormer's de-
ficiency, but knew nothing of it hut as public
news, &c. A strange declaration to coiae from
the hi'uch at the end of four years, during
which time were all these transactions about
- Dormer's deficieacy ! Thn i; ins that bt wis
be made, it should have been upon tbal«K't>
sion. I think there is hut little di(fertDaNtt«tt^
ther they traded with the money themsflfei. or
.kilt ** intii oiirkllif«r't: lionaJo i* la..«l. i..*<».iM!t ^(wi
put it into another's hands at lii^li interest, ^
permitted them to tiade with it. l^uuMu^
one imagine that Dormer let 2 1,000/. lieis Hih
son s hands tor nothing ? Air. Coaiiii;biDi|
upon the examination of my lonl's owocouofi<).
gave eviileuce, that Wilson insisted healluvc«l
high interest for it. And it was well koowi ■>
was in the power of all the Masters 10 uasc
with the money, and this after express waniia^
by one of the Masters to the Cbancellvr oa<
only bv word of mouth « but by letter wriitesi'
I take'it) in 1729. But e%ery thing of a rrp*-
lation of that kind was hable'to objeiHioo : o**
thing tliat was proiMised was so easy to be ^0^^
that there is no excuse it was not compttri *i^
wfaidi is in refaUiflB to tbe
t*'
1373]
fir High Crimes and Mlsdemeanort.
A. D. 1725.
[1374
them ill two or three names, Trhtch wouirt have
prevented the Masters from dis[iosiDgot'tbe se-
curities.
Tliis mipfht very easily have been done. Tlie
only answer that was given, was, tbat it would
not answer all the securities.
Tills \ias made a reason for doing of nothing,
tnd there was such a hackwardness to do any
thing of this kind, that the meanest and most
trifling excuse was sufficient to satisfy his lord-
ship, uot to take any step towards it.
Aly lords, upon this Article the impeached
lord was pleased to mention some of his prede-
cessors, and also his successors : as to his two
immediate predecessors, he doubts the taking
the nocompts by him in the manner they did,
would have been thought of no use.
My lords, I am apt to believe a good use
might have been made of it ; it would have put
a check and restraint upon the Masters, they
would have acted with more caution, when they
knew the balance was a charge upon them, and
that it might be called for at any time ; and if
bis lordship had those accompts, 1 dare say be
wouhl have seen that there was ten times as
much cash in the Masters' disposal, as there was
in one of those predecessors' tmie. And it miglit
bave been of use to him to have seen what pro-
digious sums of money were in their hands, and
how great the daugfr was.
As to the present commissioners, the noble
lord was pleased to say, the difficuUies of
making the .Masters accoinpt have appeared by
iheir proceedings.
My lords, they have been siiflRciently taken
up with endeavouring to compel the i^Iusters to
give security for the deficiencies incurred in
this lord's time. The difiHcuIty was not so
much in taking an accompt,ns in making good
the deficiency.
They have been forced to take what security
they coold get from the Masters from time to
tim(', and I wish the deficiency do not still come
out worse than is expected ; no one can yet suy
what it will be.
My lords, the 19th Article was founded on
the endeavours of the lord inijieachod, to de-
ceive his majesty in council, by persuading
the .blasters to liiake fiilse representations of
their circumstances to his mojesty, by a sub-
scription to their accompts, and by u^^sisting
•ne another to niHke an appearance of ability.
This, my lords, whs the sad conclusion of
t!iis long scene of iniijuity ; when it was be-
comf necessary, and it was no longer to be
avoide<l, that there should l>e accompts delivered
in. There is an attr-ndancc on the Chancellor ;
and one of t!i«* Masters having' concluded his
accompt with a representation of his ability and
readiness to pay the money, the rest are per-
suaded to do it in the like manner, without so
much as askitig them concerning the truth of
it ; and there is one instance that wa^ very re-
markable, which was in the case of Mr. Lovi-
bond, that where he, of his own accord, cuul I
go DO fartlier than to say he was able to pay or
give security to pay ; that was not thougbt
sufRotent by this lord, because it would imply a
diffidence that the money was not then forth-
coming ; and therefore those words about se-
curity were not to be mentioned. Others of
them that were no ways capable of producing
the money, were induced to make the like sub-
scription.
nlien it was expected the money should be
produced, then Mr. Dixon and Mr. Cottingham
nave a meeting with the Masters to consult
VI hat was to be done ; then it was that proposals
were made for the Blasters to assist each other,
and to get goldsmiths' notes and other effects to
shew to the judges.
It has been objected, that the Managers did
not think fit to call Mr. Cottingham and Mr.
Dixon.
My lords, we called the Masters that were
present at tliat meetiotr, who gave your lord-
ships an account of that transaction, and it
turns the objection upon the impeached lord,
that he did not think tit to call Mr. Cottingham
and Mr. Dixon (that were his servants aud
agents) to contradict that evidence; if this lord
had no concern in that matter, he would cer-
tainly have called them to that purpose, and his
not examining them to it, greatly confirms our
evidence.
Your lordships may remember the many
inconsistencies, evasions, ef|uivocatiun8, and
insufficiencies in his lordship's Answer to the
Articles of Impeachment, which have been ob«
served and plainly made out by the Managers
for the Commons.
My lords, he was pleased to make a distino
tion between an Answer to ArticUs of Impeach-
ment, and an Answer to a Bill in Chancery ;
that the plaintiff in a cause had a right to a full
aud plain discovery, but that the case before
Jroor lordships differs. My lords, I would lieg
cave to mention, that there was an instance of
an Impeachment before your lordships, ia
which the lord now impeached had a great
share in the Reply, wherein he laid very great
stress upon the insufficiency and evasions in the
Answer. The person then impeached had
very hard names given to him on that account,
and even his silence was insisted on as a con-
fession of his crimes.
As- to the noble lord's charities, 1 beg leave
to say, that, as it is a i^^reat addition to the me-
rit of charity, to have it kept private, it was the
more extraordinary these charities should be
now publishiMl ; because I do not see they are
any ways material to the matters before your
lordships. Here are plain f'ucts charged and
proved, and if in a ease of this kind these cha-
rities are to wipe off the Charge, it is a kind of
commutation that has not l>een before heard
of. My lords, he that wunid be the most me-
ritoriously chtiritable, should first be just. The
lord should have first considered those suitors
that he had injured ; hehhoidd first have made
satisfaction to them, and then have offered his
gifts.
Tims we have endeavoured to lay berirt
your lordships the whole circumstances of this
1375]
10 GEORGE I.
Trial ofihe EafiofMaedesfitU^
\m
there needs do eloquence to nffgrtTste
the crimes ; I pretend to none ; but Uie cries
of widows and orphins will have the most per-
suasive eloquence, and when tbej haye justice
on their side, they will have weight with your
lordbhins.
BIy lords, the case before your lordships is
founded on corruption, and a series of fraud to
support tliat corruption. The people had
long murmured at it, but the griefance en-
crmed at last to such an intolerable degree^
Ihat it became a national concern, and there
was an unavoidable necessity of a parliamen-
tary prosecution.
My lords, the Commons hope they have
done their duty in bringing it here, and we
hope your lordships will give such judgment as
will be consistent with your lordships' honour
and justice.
Serj. Pengelly, lAy lords, we shall beg leave
to call a witness or two ; the first to the impu-
tation endeavoured to be thrown upon Bir.
Thomas Ben net's character, in relation to the
discourse that passed between him and the Earl.
We shall shew that he declared it at that very
time, or soon after the lord had spoke it to him.
We desire also to examine Mr. Lucas, who ap-
plied for the Master's place. It was insisted,
that the Earl was offered 6,000/. and actually
refused to take it ; but took 5,000/. from Mr.
Elde and Mr. Thuraton for the Master's of-
fice: we shall shew how that happened.
Mr. Richard Lucas sworn.
Serj. Tengelly. We desire that you would
inform my lords, whether you made any appli-
cation to the earl of Macclesfield, or to Mr.
CottiD;2^ham, about coining into the Masters'
office at the time when Mr. Elde or Mr.
Thurston were admitted, and what passed ?
it. Lucas, My lords, upon the death of Mr.
Fellowes, being persuaded by some friends to
make an application for the office vacant by
his death, I did go immediately to Mr. Cot-
tiogham ; my lord Macclesfield being then out
of town, 1 thought it proper to go to his se-
sretaiT.
L. C. J. King, Please to speak up.
H. Lucas, I say, upon the death of Mr. Fel«
lowes, I was persuaded by some friends to
make application for the Master's place : and
upon that, I went to Mr. Cottin^ham, and told
him the affair 1 came about. He told me, Mr.
Lucas, you know you have formerly had some
talk with me about an affair of this nature ; it
is to no purpose for me to recommend you to
'my lord, unless you bid more than fornierly
you have done. Upon that T immediately
told him, 1 was ready to give 6,000/. There
was some talk passed between us besides, but
it being so long ago, and not expecting to be
called to five an account of it, I cannot now
recollect iL One thing 1 can recollect that he
intimated to me, that my lord Macclesfield had
iome intentions of making some orders, or do-
iiig aonawbat that thouM ba for the caac w
advantage of the Masters; but his locWs
wouM not do it that time, beeanse it vosA
look as if be had an intention of makia; id-
vantage of that vacancy. A day or two iler-
wards I met Mr. Cottingham in the ball, m<
asked him. If he had spoken to my lordibHL
me? He told me be bad; but that my ki4
was pleased to eoquire into my circumstaaco,
and did think it proper that some secoriiy
shoukl be given by the Masters; and 1 bcsf
immediately to be pat in by his lordship, it lu
the more incumbent upon bim to see wbstK-
curity I was able to give. Upon that 1 wiittd
upon him to know what security was expect-
ed : he mentioned to me 10,000/. security. I
told him, that after such time as I bad paiiei
with 6,000/. I could not take upon me to fay, I
could myself make up a security to the valoe of
10,000/. but what with the assistance of fricod^
and mine own estate, I might possibly do it
Upon talking of the matter with my mother,
she was very willing to join in the secsiiiy.
Upon that 1 wrote a Tetter, 1 cannot remenkr
whether it was directed to my lord Haedei-
field, or to his secretary ; but to one or the
other it was. 1 sent it by my servant, and 1
was informed by Mr. Cottingham, that Ui
lordship had a sight of it But afterwards bf-
ing uneasy at giving so large a sum of mooey,
and considering from the talk that then wn,
that these matters might come into pariiaaMat»
I was advised, and I thought it proper, to hivi
some better hold upon his lordship, to tasks
some return, in case anv thing should btppn
to lessen the value of toe place : upon tbat, I
did write a letter, I cannot remember the
whole contents ; but I pretty well renietober
the substance, which was, that I would uodfl^
take to give the security reoiiired tn theamoust
of 10,000/. J believe, I did also mention nj
real estate, which was near 300/. a year, to be
a part of the security, and I did add, that ooi-
withstanding the present disputes between the
Master of the Rolls and the other Masters, tod
the talk there was of bringing it into narii*-
ment, I was not at all uneasy ; because I cosld
securely depend upon his lordship*s generont^,
that he would take it into his consideration, m
case any thing happened amiss in the nest
session of parliament ; I can't remember ex-
actly the words, but my lord Macclesfield hu
the letter ; if I am mistaken, bis lordship sill
set me right.
Serj. Pengelly, Upon this letter of yoorei-
pectation ofbeing repaired, if any thing hap-
pened, had you any answer f
R, Lucas. The next thing I heard, was,duft
Mr. Elde was in the place, and Mr. Cutting
ham was pleased to say, he was a parlicolir
acquaintance of my lortrs, and therefore bid it.
Serj. Pengelly, When Mr. Cottii^faaai
told you this, what answer did he return ai H
my lord's approbation of the proposal ?
, R, Lucas. He said, to the best of my re
brance, that my lord was pleased that 1 <
6,000/. at once, provkled I would gift I
if that should bQ thooghl propeci
in]
Jbr High Crimet and Misdtnuanon,
A. D. 1725.
[IS78
Ser), PengtU^. Sioce you were disappoioted
llieD Mr. Elde came in, wiiat paiveu wbeo
Ir. Thurvtoii catnc io ^ VVbelber dttl j^ou re-
BMT your O(ar»lic»lioii tbeu ?
*i. Lucas. I ivaSjWitb&bunilAacfofreGfrclRnd
•, preiatk'd upon to renew my npulicalion.
k-i; " 'v, VVbat were voor kars?
i rtfHrvraittboutih«;hri(UL;iri^thit
<» j:4rijaoi€ii(, Aiul lliAt t did Dot know
eltVct thai mi^ht bare npon tbe profiU
pliice. \J\¥Mk til at, my brother tolil tiie,
; WAS tcquaitiled with Mr. Lltiy, bit lord-
ij/ft cbaphiii, itid, i{ I pleated, be would ^o
bim, and ijr^i [licn to Jipeak to my lord obotit it
Scrj* Pengfiiif, Wbat direcU/iu* did you
;iv« to your brother as to ofl'erin|f auy thing »
fid upon what lerms ?
IL Lucat, J cAunot nay whether my brother
Ktd & direct comminioQ tiom me to mentioci
it I WIS tbesi reafjy to f^ve G,000/. but it wns
ly at*|i^'^(^^^f ^"^ ^^'* apprebeunion of nil
Kwe ibHt knew this atlair, that I ihould not
wne in undLT vo much ; 1 am not very iiom*
ivc tbiit such a dirocfion warn giren, I did
ttrntioii another thing to my brother, to oc^
itnnit Mr. £iUi« ibut 1 had heard more of the
eliaeciciitt in the set era I otGt'i:« of ihe Mas*
ind that I wnu not without npprebeniion^
ia4 if I libauld give byOOOl, to come into tJiitt
i luiirhi I'l uto time to lime be called upon
ertii money iu onler to make
[p«st n .; and I thought that it
»tild he utiri r mo to b« broug^ht
to any conii mAkinic^ good tho«e
tlciencien, wh4:u I iud no concern in tbem.
then deibirrd it mig^ht be mentioued. As for
be answerf I ne¥er«aw Mr^ litlia.
8crj, Pengeily, What oilers did you gi?e to
fi>ur brother T Did you give him any order to
ly ibc tuoni^y without consideration of bcin^
lUe to the dcHciencieb ^
K. Lucut. 1 gave him no order at all, I
onght It \\a» not come to bear yel.
Scrj. i'tngLlly. U'as thei'eany thing passed
ifter ihai •'
I R. Lmai^ I oonoelve, my tovdSf you won^t
It proper for lue t<» ltivc an account of
Msaed betw«!eii >o«1 my brother*
5* t*cngcity» 1 kiioW| whether
bitither hud any ord«^r» and dircctiODS
tin you to go on f
~ , Lucas, 1 bate told you every tbinj: I ran
Ik-ct ; i only told hun, I deain'd him to
to Mr, Efh» to rrr
lip, U|>ou the fitot 1 i>
me to bin
oned, vift.
er any air-
>^ iiliout Wing
im in I IP <^iven,
defi
'oodto
llu any of llieiu.
I& ir / 'y. \\ ak it to be giY<;n absolut9-
witii regard to be attired
fd, .?
i did desu*! IbftI lb« buiinMi of
I the deficiency might Ite explnin^» find that it
loigbt be undentood that 1 would Qot be all*
swerabte for any of ibeio.
Mr. Edward Lucoi iworo.
Herj. l*tngeUy, I desire you would iitforni
mv ' " Hher you received unvi aod what
diiM «u vour brother, npQii ttie last »*•
caiKv, "ilea At* Thurilon came in, of ih«
makrng proposals for your brother's coming
into Uiatoilice?
E> Luca$, Boon aAer Mr, Borrf ft death, mj
brotlii r i-inrPKctfl nn ir^ lination to me of sue*
ctt I tohl him, I had an
acti I^Uis, my lord Macclet-
field's <'bapiam ; and if be would gire me any
coutmi^on, I ^ould communicate it to Mr,
Etiis, J Mieiing that a pi^per way of com*
niuuicating it to my lord* My brother did de-
tire me logo to Mr. EIHs, and to ioforu. him
uiytelf, that he had so just a sense of my Vird*t
honour and generosity, that he believed Um
might leare vbe terms to he fixed by m^ lord
himself* 1 went to Mr. Ellis, and did tell him
at uiy brother had detiied ttte. Mr. Ellis ^aid,
Ue dul not much careto concern him^tf iu the
affair ; if it bad hctn to recommend toaUving,
it might be proper for him ; hut this was out
of bis province. 1 acquainted him with wb&t
tleps my brother had lurmcrly ta^keo, in order
to obtain one of the«e otlices, and explained to
him the nature of the thing, and |>ersunded
him to lay this matter before bis lordship.
Upofi Mbicb be was then pleased to say, He
wonfd go to my lord (who was at Kensington)
the upxt day, and bring me an answer.
^ " . 7(y. Had he any dtrectiona cither
as ! A\ or the terms?
A, x*wt. ;, t don't know of any directions b«
bad, either as to tbe price, or the terms.
8erj. Fcngclli/, W hat did you say about th«
securitv, and the deticicticiest iu the aeveral of-
ficr« ? "
E, Lucas. This was another conTersation,
about a n eek or ten days after ; after Mr. Kilts
had brought inc an answer, then 1 remember
uiy brother gave me directions to consult with
Mr. Ellis, whether it was not proper to maka
tuy lord a direct otrer of 6,000/. but then jl
would be reiMtouable, that he should be mdem-
nifted or secured from any damage, or de^*
cieney by any of the precedent Musters j and
that ho thoufd not be calied uoon tom;tkegood
$,ny such deficiency. I told Mr. Ellis ibis,
and he said, there was no r<Kkm for this, tliere
might be dtficieueies in some oth ' of-
fices, but he had heard there was i <*y
in Mr. Borret's office. 1 had likt. ,>v ..u»rtl
BO, but whether ihere was a deficiency or not,
I could not tdl ; my brother \vas willing tf»
enter into a treaty with my lord upon these
terms.
Hetj, Pengdly, Did you hear any thing mort
about it?
K, Lucai. About a week af^er, Mr. EIHa ^vrit
to me* tliat my lord ^laccl^UeKl bad approved
ofMr/rhurHou.
\0U XVK
4T
1379]
10 GEORGE L
Trial of the Eari of MacdegfieU^
Serj. Pengelly, Please to recollect, whether
your direction was about Borret't deficiencj
only, or about all the defidencief in general ?
E. Lucas. My directions from my brother
were about all the deficieneies ; Domier's defi-
•iency ran in his head, and he thought it un-
reasonable, that he should be obliged to contri-
bute to any deficiency precedent to his coming
in Master.
8erj. Pengelly. Did yon commonicate this
to Mr. Ellis?
E. Lueai. I did communicate it to Mr. El-
lis ; if. not in such express terms, yet to that
cflfcct, that it was unreas9nuble that my brother
should be obliged to contribute to make up
those deficiencies that were precedent to his
bein^ Master ; I am sure 1 added those words,
that he should not be obliged to contribute to
make up those deficiencies that were precedent
to his being Master.
E. of Alacc. My lords, I submit, whether it
be not proper, that Mr. Ellis be called before
this Mr. Lucas goes away. [Mr. Ellis called,
but not examined again immediately.]
£i of Mace. Mr. Lucas, 1 desire that you
would declare to my lords oyer again, what you
ha?e given in evidence.
. E, Lucas. The first time I saw Mr. Ellis
was at my mother's house, immediately afler
llr. Borret's death. I then told him of my
brother's intention to purchase a Master's place,
and that my brother had so thorough a sense of
my lord's honour and generosity, that he would
leave the terms to my lord himself. Mr. Ellis
was not at first inclinable to concern himself in
it, but upon telling him what steps my brother
bad taken in regard to it ; he said, out uf friend-
ship to me, he would engage in it, and go to
my lord, and bring me an answer. This was
the first conversation. Mr. Ellis did the next
dav brinfif me an answer from my lord.
»er). Fengelfy. What was the answer my
lord sent ?
£. Lucas. The answer that Mr. Ellis
brought was, that my lord had no obj(^ction to
my brother; he did remember, that he had
been formerly recommendeil to him, but that
there was some other person proposed by some
of tbeMastcrs, of whom he expected a farther re-
commendaiiou,and could not now give any other
answer to it : he also tuld mc, that he appre-
hended, if that person did not succeed, my bro-
ther might have the refusal. I said, it was in-
diflerent whether my brother then succeeded
or not ; because my lord told him, that one or
two Masters were inclinable to sell, and if they
did, ho might have an opportunity of buying of
those Masters. This passed on the second con-
versation.
Serj. I'engelli/. Go on.
E. Lucas. I'he third conversation was some
time afterwards at my lord Macclesfield's own
bouse in Lincoln's-inn-fields. I went by my
brother's directions, meaning to consult with
Mr. Ellis in a friendly manner, whether ha did
think it advisable to make bia lordship a direct
«lfer of 6,000/. 1 gaid, if begafe it» it was
reasonable that be sboold bo in
any damage that should bappen by rea
the defideocy in any of the officea, and m W
obliged to contribute towards making tbcnf ;
be said my lord had not spc^en to bim m
that, tbat be ooold not have eyery oppwfiiy
he desired to speak witb bim ; tbat astDia
deficiencies, he had heard there weie none. 1
said, I bad likewiae beard ao ; bnt whelte
there were or no, my brother waa willioff t»
enter into a treaty with my lord apon tim
terms. This, to the beat of my rtuitmbnawi
is the whole I know of the matter.
Serj. Frchyn. 1 would only bqg leave to afc
this question, when the first proposal wu
made to Mr. Ellis, whether be did propise t
certain sum ?
E. Lucas. I don't remember I did ; bat I
think I told Mr. Ellis my brotber bad fymah
ofiered 6,000/. and I told Mr. Elba tbii, sal
did lay before bim all the circomstances of dal
affair, to make him tbe more inclinable to co-
gage in it.
Com. Serf. 1 desire be may be naked, wbe-
therany terms were mentioned besidciwkil
Mr. Lucas has mentioned before ?
E. Lucas. I don't remember tbere wereaiy
other directions then given, I cao*t be positite,
but that he was willing to leaye it to my lord's
honour and generosity. And, my lords, I cm
swear positively, that till tbe first day of tbc«
proceedings, wben I met If r. EUia in tbeOnrt
of ilcquests, I never knew that be bad ofiM
my lord Macclesfield 6,000/.
£. of Mace. My fords, we beg leave tbit
Mr. Ellis may give an account of wbat propoid
he made to me from Mr. Lucas.
jEJ//if. My lordM, the account Mr. Lucas kaf
given your lordshi))s, is true in all the partiea-
lars, as far as I can remember at this dislaaei
of time, though there are a good many thit I
could not have recollected of myself, only ai It
tliis one, his not empowering me to offer tkb
6,000/. 1 should not have ^ue to my lord, v*
less I had had some particular oflfer to oca-
lion. I particularly remember 1 made bin
that offer, and 1 am as certain, that Mr. Loe«
did speak to me to make tlie oflfer of 6,000/,
for this reason, that I never knew tbat Mr. Lo-
cas had offered 6,000/. before by Mr. Cottiai;*
ham, till this impeachment began, when Bfa*.
Lucas, being here, acanainted me, that be M
made that offer to my lord.
E. Lucas. I desire Mr. ElUa may be adwi
whether ever he tokl me, that be ofleced bid
Macclesfield 6,000/. ?
Ellis, I believe I only did teU bim io ^
neral, that I had made his lordsbip the OM
which he had desired me to make, and io so*
neral, likewise, that my lord wia well satined
with it.
Com. Serf. I desire he may ii^mn yoor
lordships, whether, when he told Mr. Lnc0y
that he bad made tbat oflRer wbicb be bad de-
sired him, be did enquire what tbal offer msf
Ellis. No, my lords, be did noL
ISSl]
Jk^ High Crhnes cmi M^trMokorv
A. D. 172^-
k
Mr. EHit til c^nfrmit Mr. Liicm( tiol they
iijinree lOKelbflr b nil Uin nifiteri&l ctrenmstattr^t.
Mr. Eliii says^ what Mr. LtM^a^ swears is tru«
in every |i*VticMUr, wnleM id r«lftiiou to the
olfer of' ri.OOOi. In all tlie rest Mr. Ellis con-
firms Mr. Lti'
E, Lucfu, i r iweatr that I HhI
MA give litfu inai comniin?i]r»(i, ^ut to the best
of tny remembrinoef I did not ^rc bim that
commuiiiin.
B. of Mace* 1 desire Mr. EFUi may he
ai«ke<J, when be m»'i^ ■^i'^ r.mpoBal to oir, wbe<
ther be niHitiotie^l > < )ii ^M4uit»oever f
EIU%. No, my i^ , i 1 nol meoti^a a«y
condition.
£. Lmas, Till after the firat euovenadioii
>»iih Mr. EUi«, 1 bad no direclioii frtini my
brother ti> nicntion an}' (irice or oondttion ; I
ipive tft aisoount to your lordships of tvro dif-
itn^t eoorenuilifina.
£. of Mace. When ibe anawft uraa bfou^bt,
thai I wv^ i4atit»lied mxU the propoial^ wtiat did
ll# do farther u]Kin it ?
' £. i^cai. My lordi, Mr« TUis did not teU
me, that my lord MacclesHeld was satisfies)
with the propoi^ul, htit tbut my lord Maccles-
field hail no uhjectiou to my brother, and he had
formerly recc'ired m, recoraniendaiioD of him ;
h%\% at present another pofwm was recommended
by aoroe nf the MttJitera, whom be expected to
be farther recommended,
Mr. F£m»mer, My lords, I, dpsire Mr. Ellis
may be a««k«d» hovt lou^, before Mr* Hiurston
waaadmittedi waathe convensotinn about girin^r
■ecarity, that Mr. Lacaa mijrht be iademoified
from the deficirriciea ?
EUti, My JurdSf in one of the last conversa-
lidMy wbicli was afWr I had ap^iken to my lord
Maceleafield, Mr. Lucas might say ftomething
about httvi":^- - triiy. But I doo't recollect
it with m i[y ; if he did, it was sotne
4ayabefou ;«h, l iiuratoo watadmiiied.
oerj. Pn>^yn. 1 desire be may iutt^rm your
lofdahipa, whether be ever told my lord Mac>
cfcsiHeld any thini^ of ibia diacoorao about
Mcurity? — 'ElUt* No.
8ir Oeo, Ortnden. He 8iiy« he never told ray
lord Macctes^eld of that eon venation; I dcaire
to know if he told my lord Parker?
Eilii. No. my lorils^ I told nobody at nil,
Mr. Strange, hly lordg^ I he^jf leave to make
ene ob«enrHlion; a learned maoaf^er was
pletted to obMrre upon the Appcaran<!e of
ib«ie two witheatct tDg«*liei\ that now the evi-
iienee of Mr. Lucfta is oou firmed by Mr. Ellis :
Your lordshtpti are pleased to remrmbcr, that
Mr. liUi»» wa« our witnesH, and tvn- 'i- • v^.
tniijed ; and therefore 1 alionid »; Ue
olitervation may be turned much ] ui^
«tber way: Ihat the evidence i s^
VfhoWB* our witneaiff and was firM d,
COD Armed by Mr. Lucaa.
of Jtfef«. My Inrda, I deah'e be may in-
yoar lordahipa witb relation to the dis-
that paaaed betwmt tbetn about the de-
iciwi whethv Ihtol»|celi0a did not relate
toOlcoilf
I «fbowi
«fltaci
EiUs>^ I doi^^t weU remember what paosetl
upim the fiuhjecl of the dt-ticienctes ; what *"
have Rttid to your lord^hipst before, 1 rememhi
fuU W€\], because a particular circumi
n\&6ti tue ri?coHect, that Mr. Lucas did
liad lieanl there was no deficiency lO
Dorra's office; which I had beanfloo.
at what time that discourse was, I can't reco(*
lect ; it miifbt be as he represented it.
£. vtMticc, Mr. Lucas said to you, that ho
wa« 14 i I ting to treat upon those terms T
E. Liuiit. Upon those terms, or to ttial ef-
fect« I did jay.
Mr. riummcr, I would only make this ob-
serTatkm ; l>otb these evidences coniirm tUi%|
that Mr. Lucas was au inquisitive man, and^
would not part with bis 6,000/. 60 easily aa to
ask no quei»lions.
8crj. Pengtffy. We begr leave now to call
wituess as to the second letter or order, sti
posed to be JMfut in November, 17 21, to all ih
Masters. Mr. Cottinghsm could not take npoi
himself to say, that it wan* delivered; he h^
kept a memorandum of the tiri»t, but non« ol
that, and he believed he might say it vras de-
livpreil ; we deny any such letter wnsdeUvcredi
and be^ leave to ask a^ to that particuhur poI
Mr. John Bennet called.
Serj. Ptngelltf. I desire he may be
whether in November, 1721, any secof^d tett<
or order, of the purport of the tirst order, was
sent or delivereo, in relation to the Alasteri
bringing' in their accompU ?
X B<nnet, My lords, 1 never saw any iucb
letter. I
8ery. PcngtUy. Did yon ever hear of it? I
J, BennitL I never heard of il before, titi I
beard Mr. Cottingham read it at the bar.
Serj, Pcngeilj/, Did you receive any account
from the other Masters, that they had received
any such letter P
J. Btnnei, No, my lords, never.
8eij. Pengelty. Do you recollect any dis
course between my lord MaccU^iicId niid yout
brother, rt* I iting to your brother's account^
J, Bennfl. I donU recollect ihe whole.
Htru PcngtUtf* What do you recollect?
J, Bunnct' My lord hath ifeclared to me, tbal ]
be wondered IVtr. K^naaton and uiy brother j
should put such an item in their nccompts^
which wouhi make a ilit«covery, Ihat th«l
Maateni had bought their places with the money I
of the Court, Hhich might be of miHchievout I
conseqncnre ; that whenever it was objected to j
him, hu hud alwaystitki^n ^re»t pains to deny it.. j
8erj. i^'eri^c//y. When was this? About what
time f
X Btnnrt, About Christmas laat.
Serj^ Prohtfti. We bog lf«v« to take notkuj ©f
ttie nature of this evidence, that it is very int* 1
proper now, iHiiig new evidence ; not Ut Ihel
imme pnrp«we lo sunjiort what waa git en befiM^
but new matter, and iheralbrwiicK pft^par.
Mr, LHlnjjeht* We apprelieiid it is Ttvy '
proper, beoauwr* Mr. • F *-t.tinet w«i ob*
jertod to, uid thia con ; . i ideoott^
4
■0 m fA.f- J- •
' ■ . * r -^ A^.'j r^T.-r t#e5«^ ^ :
I- '/ * bfl*^. •-
'I.*'/* *" '<■'« .Tv«0<r.- «-,.•# r. i III V«'«." > l^--
4.»»»' f » ./* iariir4 «■ J-»fc.i t.#««^ tKXVT V
^IfjTA •-«• «^ ** •.s4 ',riw^ Iff ^■./♦.".■Vi*.. iflfl
f»\\ , w «, .^ «.•■ .'. 'irt ,i.l»i'i<«. \*'!rt> /. iin^:i»
4^ V<<*-* .' .' ■.-•••t I •*.♦'. *. .. i V«.'
fc*. /•//
'I f.>
•V.'. I*»t,i/»'f>j I >.'.;,» » -t ",.i •^r'^i-i-.rt M-
# '/*t.t./i**h * *«".■ '.I u.n{**ry^ Wft'^ri J,^ ti, .'
fv*/! I'int/*li,f I #J<«iri- t// »«k yori, v»ii<li«<:r
y«. f ^'i'f^ ivfiy liiii.;^ 'J ih»4 |i Hit of Nov<:mi/f:r
J/'/* •
l.tithil.timt I i.« vf r li«a.il 'if it. till I It^-anl il
Ht your l«/ril4lii|«4' hur Ir'iin Mr. (i'lUin^hiAfn.
Mr. l'\.l,.n,.Ui.AUi\.
Mm I l*»,tittll,f I ilirric lif rri4y Ih? iii«k«^fl,
«»ti< iiii » lift •trill lii'liril III tJii-i IflllT of Notrnill*
If 1 1 \rt\ '
I ,tunttl§ I firvrr Ill-Ill ij riCiiiirli n li:tw;r, till
I Im Mill It in< iili'iMi il III till* lull
Mi-i| f'fii/fW/i/ Sii I hill, my lur'l'i, wi* n|i-
|ifi III iii| lliit Irlii 1 , 11 lii'ii wiiili'ii liy Ml*. (.'()(•
|iii[iliinii, M in II |iiii l.i'l litli'i' III Im< ninili* iim;
III nil iiliV |iiii|ii I iifiiiMiiiii TliP MiillliKi'I'N
liNti> ilniin mill iliMi i-viilnii'r iiml llir wit-
linaiiii* I ilii V nlmll mil III! iiiiirr. \\ i< liiiiiilily
nti|Mrlii*iii|. Hull uri' liiivr i IimiiihI ii|i tlir rnisfiii,
hIiv till' liird liHik .%.(MNi/. iHllin' llinii O.OtM)/.
II %%t%H liiiiii liii|irH ol tfrrulrr khiii in liHViii((
^,lltMl/. iiImoIiiIi^Iv, wIIIkhiI lii«iii|; liulilu In nj-
liiiiil, llwii 0,iN)u/. ImUa iv luch • uvuUuyvuc^.
2iT<^ jm c'le
!»• b.. ir« srviv r'>M-j^*^ jt- j
inm itzo. lua ie s^^*
i • ^PitA If '^. . ..TJi .
tiM Umett ittm i btvusu <
ui«wi UtA. wtntm Mr. 2Il«fl
1 ! If
IWMM n ftms- 1 :
viat Mrarfs w w wm n
•JUtr^** ir' lis iific*: mm.
^r\^uvl^n -V'likuiL 107 snu n* ^es- ^aa^
tilt iiv. £]A<r Mt je jnriirrTsai uxjcrxr ^i«
l#t fill il-bUV » K VCSl Minairir^. fir ..v*Jk
7'u.L fiti::i mi: «m« urr 3MS^tisr» u imsm
.vu" , M£ «k IM eart'ioa \aiuiiA at ^
wvtt vt 3MM» ; sort SUA Bupw-ft UiLs a» iac
'Jl'iJi: lAT llV iOlA <Mt M' an. JlUII»lA.«^^Lfe iHR
v' *•%.;! » 11*1 -: ."^>V^ wi» jmiaioKsi If a^s^m.
y«^^t "i^M* it la (traaac^ w^Msa m ana &
r «t v.? ("^ '.1*% £«.*! Ai '«» ue ccMr aaxuv. k
%r, 'yi. v/(i^-Tt '■.-i- *•* lUSOfiie WdS giVc:i Jy "4r
C^,<.'. '.:(..»'&. 7:: J H 1 rx=iSAf;Uuii scg:*: iot.
vjft\ U0t %si\\ uux, w* «T.t tliig letter 37 »
r/^#->i kir-l •'-rf'^^r. :.-.i: s^ csDD'it now «• :•
•-••'i/'-h of ;r*i6 Mtnars za ddirered it, :r wie-
ir#«^ It »i* p*«r»-Ml-T d«uferc«* by hia?. :r i*'
', r*«r 01 ;. . * 1; i*ri* . V oar loni^b i p« '» ui <»•-"
. tr«4t tr,-rr« ««r<^t«o Mutcrft fenior to >]r. ci >
forr), «iz. Mr. Hicoocks aod Mr. Ft-iiowes; !:•:
It ffii^rit prol/^ly be deliTereii to ooe or iiut::
' ori<: o) them if ftince dead, tbe oiher if \et kv-
in/ ; \,n\ %ie were not aware of the otjecuoa.
j and hi} have not bim here. Tbts doth not m-
I \i'zc\i Mr. Couinebam'screditorbiserideiire,
'V 1- . "^ ^" .c- «.' 1
iio far as it roDoems the Earl.
Com. Strj. My lords, 1 urili not enter into 1
utrict compazine* of the evidence; we a|ifre*
lii-iid that what Mr. £UiH swore stands coodnn-
I'd in every iUing by Mr. Lur^s, and we btve
ffiiKon tu tliauk the gentlemen of the House of
CJoiiimouH for this evidence. There was ooe
inat*:rial part of oar evidence^ that the Earl bjd
u thortmifh intention of entering into the rrfpi-
lutiou of thoae matters ; but by disputea ahsmff
ill rf:laiion to the juriKdiction of the Master ol'
the UoIIh, he wax hindered.
Now the evidence of Mr. Lucas corroboralei
(»iir nrtMif on this head ; he smith, tliat Mr. Col-
tintfliatn told biro, thouf^h security had ooi
been taken, ^et at present the noble lord bad s
rcfurmfttum ib YkW| tod Mcurity woidd bt «-
1385]
Jhf High Crimes and Misdemeanours* A. D, 17^5* [I5S6
I pgded
^■pe con I
n1 ; and Iberefore he enquired wbAt<ecu»'ity
be cowld ^ve; there wm not only ar* enquiry
'nto hiH (irr^enl nrctitneilanci^s, but likewiR^ an
intiuiatioii ttial sACUrily M^outil be expecteil.
This shewf the EarPs intention ; and if the
^^hirst of f^ain bud swAyed him, lUr. Lncas
^M'uuld ncvLT bare bad those bugbears to iif-
^Hft'ight him from givinc: to much muiiey . Upon
^Hthe HhfUe, it appears liiat no pari of our evi^
^K^eiife \H any way impeached by the new evi-
dence tlicy b&ve'given.
E. ©f Mace. My lords* I be^ leare to lay a
ry few words upon what hath been newly
Tered, as In the evidence to take off my hai-
bcf preferred 6,000 guineoji with a person I
' oujrbt a better man, to 6,000/. with another,
bom I thmif(hi a i;oud tnau. I anprfheod it
not taken oA'al all by any tiling that ba^ yet
II ofl'cred. Mr. Lucas owns that at the first
time there waa an expectation < ' . , and
b^ ha*^ sziven your loriishiph an rit be
astisetl wbal security %vas e%tiii:irii^ »Miii was
•Uiirtred I think to the vLi'ue of lO^OCK)/. and
that what be spoke of the deficiency, wu* only
that he should not he liable to farther orders to
be made upon bim for couirit>utiuu to Ihe for-
mer dcAcicuciea of other Masters \ and in Ihe
jtter time* when the clamour was greater, Mr.
""k^flered iiie (5^000/. aUsohUely withuiit any
Rioti, and 1 add 1 Approved of the peratin
ttmi of tbo oHer. but 1 had another gentleman
then oiuiereofiaideration. Their evitlence in-
Ii4^d variea as to t}ie particiilar<i of tlie convrr-
tions they bad upon this Kuhject i but what
discourse paused between I hem, unlesa it
to my know led g^e, it ought not to affect
1 uerer beard, nor in it no much aa pre-
tended, that I ever did hear, there were any
manner of terms or condition* whatsoever an-
ncxeil to the prop<n«l made by Mr. Lucas.
Mr. Ellis hits been asked tlits que^tion^ and
has fworu positively be fiiemioDed none at all
me ; to that there is not the least pretence
the reitrietion, supposing Mr, Lucas an-
>jUNi any to the proposal (which I must ob-
iy contradicted by Mr, Ellis's e?i»
come to niy knowled|je.
what evidence i* given in relation to
tbe letter of November ir21 ; your Jordsbips
wdl remember, that when I sfioke of that, 1
eiutfred nii<in it as a thini^c "ot at all necessary
Hjr mc; liccause they had not provril the Ar-
ticle, thai the letter writ in February was with
n mtention to terrify fK ■ ^' ■ '-^- •■*- n con-
Iributton ; hutallthr I was,
tbai the Masters hiu^ ^^^,i, ^ \..[v*,i„^*-j cuatri*
botioo, apd upon Ibal they mad« amneobaer? a^
tton I but ool mm of the Masters «Yer ^ave
y<Mir lordtbipa aa aecouni that ibev did it by
ftifoo, or under tlie terror of this letter;
llvty have called every one of them, and not
^Q*_|iath said so, but ai^^rred titat they had paid
folunlary contribution ; so that there is
inner of occasion for what balh been
nal Ibis letter. Mr. Cotiinij^ham did say
yinir lunlabij^ ibtt be thought tUe letter
was sent, and be had no raason to believe the
C'Ontrary ; but indeed be bad no niemnranduni
of ii^ liein^ sent. It is very eintraonhuary to
sug{^est, that this should b« a pocket leiteri
Can any peraon imagine that that letter waa
calculated for an occasion like this ? Was there
any apprehension of this prosecution m Will
My lords, it is not worth whik' to trouble your
lordships with any more remarks about so
groundless a pretence, lu the reply there
hath been something nt^w offertid l<> your lord-
shipx to make out my receiving money from
the Masters to be an offence at common law ;
and there have likewise been mentioned several
act« of parliament, to neither of which 1 have
had any opportunity of giving an answer be*
fore ; I therefore apprehend 1 have a right to
take notice of them now. And fir«>t 1 beg»lt'ave
to observe to your lordships, that eiery one of
these acts of parliament relates plaiuly i^jmlgee
who take briuea, or take ■ r doin«: their
d utVt or for doing those \ ^ were h^uod
to Jo; they lie upon youi H/ni-iiips' table, and
if yoiir lordships will but look upon theiti, you
will find all tt* be so.
That of Magn:i I'hartA is plainly so» that
jiiijtirp ^1 nil he admimstercd to the party with*
oui tit.
N tite tA^ 12 R* % that tbey shall*-
Serj. FcfigcUy. My lord cauuot be regular
to reply to us on ihut statute.
E. of Mace, The statute is, that tbey shall
nut make nny otBcer for bniknge.
Sir G . Ox€aden. We must submit il to yotir
loritships, whether this can be reguUr ; the
noble Earl hath had his defence, nc have re-
plied ; it is not regular for him to enter into e
debate now.
The htatnte is upon your lordships* labk ; and
your lordships will consider it.
Earl of Mucc, I will not take up your lord-
fihip!!* time any funlirr in insi'iting upon it;
hut I hope Ht least lemcn >*ill not op-
pose my taking uon i thing that i^ new.
though not any port of the Articles, which i«
what the gentlemen have said with relation lo
IVilsou^s coui|»ositi<»n not being binding upon
thcfiuilors of the Court; that it is matter of
horror that Wilson should trust to the tUithof
a court of justice, and upon that enter into a
compiisitiuii, which at last should not be eflec*
tual and binding* To that give me leave le
answer, that if Wilson had acteil houestlv« and
given a fair account of his estate and ellecis in
this case, and it had appeared upon the whole,
that he could not [my more than according ta
this composition ; ai»d at the same ttiat it nsuet
be a real advantage to the suitora to have le-
cetved ihrir properliofi of what be waa abletii
pay, wilhoul the expencec of a statute of bank«
ruptcy % io that case he would have the beeefH
of it : But in case he could have uttid oiort,
and this appeared only to be a fraudulent or •!»-
fair composition, it would be no way coocliiaife
opon the suitors ; and as he ought not to m|B
any l>enefit, so neither would th«y siiSer any
prejudioc by it U|»od that tuppositioKt.
I
:
MM^^Uta
A
A
*S87]
leOEOROE L
Trud of the Eart ofMacckffieU,
n3»
^ Serj. P^elh> The Btanagen are ^titled
lo the reply and condusion.
As to our evidence newly given, it proves in
the strongest manner, that if there was a reason
lor distingnisbing between 5,000/. and 6,000/.
it was because the 6,000/. was attended with
an incumbrance ; and if it be said that the Earl
had no notice of it, it is proved that his agent,
or the person whom he employed, had this ac-
count delivered to him, and knew it ; and we
appeal to the letter which is in their hands.
And therefore this is so far a confirmation of
the other part of the charge of neglect when
lecurity was offered. Why was not the per-
ion accepted P Why Mr. £lde preferred ? -
Mr. Lucas's directions to his brother and his
transactions are confirmed by Mr. Ellis, my
lord's jown chaplain ; and the only reason why
tbebarg^n was not concluded, was, because of
the privilege insisted upon by the person to be
lodemniBcS from all contributions and charges.
£. of Mace, I beg your pardon, if I trouble
yoar lordships once more in relation to a piece
m new evidence, which I did not before reflect
upon ; I am under a verv great disadvantage
Horn these gentlemen, wno are for tying me
down to very great hardshi|>8, so that if any
thing slips my memory at what they call the
roper time, it must at this rate be lost for ever,
would take notice of one thing, with relation
to what Mr. Thomas Bennet said of what I
^ke, of denying that the Masters paid for
their offices out of the suitors' money ; they
are attempting to prove that I knew of their
^ing so, and they prove it by shewing, that I
said I had always denied it. But, my lords,
is there any of the Masters that came in in my
time, that says I knew any snch thing? No, my
lords, not one of all those Masters that came in
in my time appear to have transacted in this
manner ; there are only two, Mr. Kynaston and
Mr. Thomas Bennet ;*bat is there any of them
or any other, that pretend that 1 knew they
did so ? Here are two persons that paid for
their offices out of the suitors' money ; and be-
cause I told one of them afterwards, admitting
what he said to be true, that I had heard it said
it was so, and denied it ; is it from thence to
be concluded that I knew it was really so?
My lords, I beg leave to observe as to the mat-
ter of the difference of the prices ; I gave evi-
dence of the difference of prices in other of-
fices, and their rise from .50/. to 500/. in one
instance, and from 200/. to 800/. in another.
Sen. Pengelly, We are unwilling to inter-
rupt the lord ; but now for him to go beck
again into the whole, is a greater right than his
lordship is entitled to ; therefore from the duty
We owe to your lordships, we hope every thing
that is regular shall be observed.
£. of Mace, I submit, if your lordships
think I am irregukr; in the confusion my
papers were in when 1 made my defence from
tbeni, the notes relating to this and some other
Blatters were overlooked : but as to the reply,
i must beg leave to make one general obser-
i«tioo» that tlM fffnXkmok Juve thought the
arguments used by me in that delflBee« ^An
such as they eould not answer, ar socb »
needed no answer, sinoe tbey bare ncia>
tempted to answer any of them ; and whkikd
the two, I must leave to yoiU' lofdahipa' dsKh
mination.
Mr. Oiu/ov. My lords, io thecanrseofav
reply, we made use of the statote of Henry 4
We have it not printed, but wc bare an atlcM
€M>py in writing, and the original roll ; if ysor
lordships please, this atte^ed copy may bt
brought up to your lordships' table.
Mr. Nicholas Paxton sworn.
Paxton. My lords, 1 examined this copy
with the depaty-kceper of the Rolls in the
Tower, and it is a Iroe copy.
E.oi Mace. Whether that Parliament Rsll
be in the nature of a Journal or a Scaiole Hott^
wherein the act of parliament ia entered P
Paxton, My lords, the officer is here ; be
will give your lordships an aeconot.
Mr. iMtm^che. it is quoted by nsy krd
Coke lo be ot the same naUire as a ParliameBl
Roll.
Mr. Holmes called.
Serj. Peng. Mr. Holmes, Where is this RsS
keptr
ilolmes. My lords, I am depv^-keepcr if
the records.
Seij. PeiM^. Where?
Holmes. In the Tower.
Serj. Peng, What Roll is that?
Holmes. It is the Parliament Roll of iBttb
11th of Henry 4.
£. of Mace, I desire he may inform your
lordships whether there be any difference of
distinction between the Parliament Roll and
the Statute Roll ?
Holmes, There are a great many privale
acts entered upon the Parliament Rolls, thst
are not in the Statute Rolls ; what is in the
Statute Roll was sent down by writ into the se-
veral counties to be proclaimed in the sevoii
county courts.
Serj. Peng, Whether that is not the original
Roll f^Holmes. This is the original Roll.
£. of Mace, 1 apprehend the Pariiaroeot
Roll contains the petitions, and the king's an-
swer.— Holmes. It doth.
£. of Mace. Before it con>es to be pobfbhed
as a law, is it not drawn up in form, and entered
upon the Statute Roll ?
Holmes. The petition is a piece of parch-
ment ; af^er it hath passed King, Lorcfo, anl
Commons, then it is entered on this Roll.
Mr. Onslow. Whether the king's assent is not
entered upon this Roll ?
Holmes. There is Le Roy le Vent.
Lord Lechmere. I desire, lor yonr lordships*
satisfaction, that he may read what is upon the
Parchment Roll.
Holmes reads it, 8cc.
Pari. Rot. N"" 28» 11 H. 4.
Item. <« Qua nol' Cbaanceller. Tnmm
fhir Hit*h Crim^ Mnd MudeMeanors,
A, D. 1725.
[1390
!a Royue nuF autre
^
^
wf foment r. a <
toll gihgfe« de Hoy pur lo^ i es oo i§er-
lic«S| preigoe rn nulle ntu i < lups nTcnir
cuQ mttiare ile doun vu Uocjige tie nuHy
||)Ottr lour dits Ofltcas el 8ei'vice», aifiaire stir
7|»f*yii de rcspondre a Rav de la treble de ceo
^ue issi prcu^nont, et de imitsfier la Fartie et
Nitinys at votoute dc Hoy, et %int dischargex dc;
ian OlHcei Service^ «;t C^ruuseill {iiir toutz
■jours, el t|iie chesctid qui vi>rra pur nuer en Ift
dfte ^Itttier et lii fuit Mtbjcn pur le Roy come
{»ar luy tncsnies et cit In tierce (larlie de come
ile qui fe jiarties soit dueiueiit couvict.**
Le lioy te Voet.
E. of Mace. What is tliere in the mariiflti f
Holmei, ** RespectUAtur ^er Dombuin Priu-
flpemet t^nciliom.'^
£, of Mace. That I may not he misnoder-
fitood in Uiis matteri and accusetl of going to
guthUeaway an act of parliament ; your lord-
ilitps will give me leave to ohaerve, m the first
Blace, thtit ikupposing^ thrs to l>e an act of par-
nameot, it relates to cases where judgments are
giren, or where the parties have si _t iil
not any way to me or to my caae ; .
f rewDiaed ihta, your lordHhipf will set? mnv tUin
tfiatter atandH. Here are two Rolfs, the one is
in Ihe nature of a Journal, wherein an entry is
made of the fcevcml proceeilingis, and tliere
arc in it great numbers of petitions to the kinfjf
l>y the Commons; whereby ihey pray i that
•ct« tnay be made, and the king^a aoawers
UpPti them : the answer it may be la agreeiDg
toaome part of what they praVt or aoroetimea
io no part, hut a proviaion matJe quite different
from what they pray« At that time the judges
drew up the acta afterwards in form^and thence
then tUiyfiis acts were entered upon tl»e Statute
lloiJ i and tliey tvere promulgated at that time
Uy nroclamatiou on writn inkuA to the i^herifl'i
of tlieaerem I counties. Now this 1 ' !;♦?
mar^n of the [*ar)iamcnt Roll, ' i
ftitir per Dominum Principem et C • m uiir.ii/^
When the judgva came afterwards to draw up
the l^iillltrji iif this parliatli'<Ht in nrdrr ^i^ nith.
lifth ebeiog a / u
this II EiamemRoU , -^a
it up amonifnt the rest, ami it is not entered
upon the Htatute Roll at all, noreTer printed in
Any ataiute bm»k wnce, nor wa« it ever pub-
^ IjHUed by the aherifffi, nor con«equently 8ent to
the several eourti of justice, nor errr taken iw>-
lice of by them nn n law ; for the rea<ion of
tliat timxiiiii th
to take aoiice,
nf private lav^
treretfaiisroilt^
Tlia favt then u
mk9a tiM aet»
rta of jufitice are bonnd
1 public laws, and not
I ;Miae the public (aws
I under the great seal.*
- ^'k appear to be, that
mtof n Hen. 4,
^ Aa to thitt itat. H lien* 4, sec Rulf.
l)ead*a Preface to Hnnnmglon's edit* of the
tkat4itef, p. 16. NcB. I^rrtn^on docs not
tffcalofthia«Ut* »W, too, Coka Lit. <23f, a«
0arr. Ubi, on I Edw. <».
u I
had been
case.
" " .oil-
c la
per
hce
1
oar-
Jia-
came to hr drawn op and promulgated, thit
hating a H^trfctiir*ur i«titen»i ii|H>(i k, waa
not col ered < Ht^^itue [loll, and mo not
published; i .*^ct. Howcfer, it dotli
not concern um, nur doth it relate to the pre- i
sent case at all, a% 1 obserired to your lordshipa
before : if I had made a decree for money ; if
1 hud refused a writ or Hubpcena, unless the
party had paid me u
within the Mritute, hut
Mr. Lutwyike, AVc
cern him : but as to ^^
an entry in ♦''^ ••'-^ .., .,
Domintim T * &cc. this
of in the 3d 1:. i . ., , ivhere my 1
ticularly affirms, that ibis is an
ment in force, and ia u]Km tlie Var ioll,
and tukea notice ot Kctpcciutitur^ ^c. that jC
was in fact done hy the ptiace, the son of kinyp
Henry 4, but without authority ; and tiiot not-
withstanding such respite, thi» uclof parlia*
ment i* in full force.
Air. West, 8up posing it to be an act of ptr^
liament, it extendi^ to the Earl's cage ; but whe^
ther it be an act of parliament or no, is a quew-
tion that the noble Earl now makes. 1 thought
it had been the common learning, that all tb#
old laws were petitions from the Commoa%
and Ihe king's answer to them ; and that tbd^r
were enterefl upon the Parliament Roll * inil
that the Parliament Roll was only a voucher to
the S^ttttute RolL I could give many instancea
where that voucher was not pursued, und tha
Statute Roll drawn up different from the Par-
liament Roll ; and that was tlie very reason <rf
altering that manner of passing laws into t}t#
method that is now used. This is my lord chiaf
justice Bale's account ia one of the food^
reports.
Mr, Plummcr, The Earl impeached, hath
prtttcipalty insisted on two things ; the one ti
the taking a less sum of money tor a Master's
place when vacant, when he had a jgreater sutfi
ortered him ; and that therefore it follows, that i
he hath not made corrupt advantages io order
to raise Uts own fortune, and that he is innocent.
He hath called (he negociator in this affair tv
prove, that when he was offered 6,000i. hetoolc
5,000/. The Commons have by their witness
explained it ^ and this nmtler is now lully
cleared, and your iordships have the whole be-
fore yon; and I will make no farther observa* |
tion upon it.
The second thing that he lays great weight i
upon is, that he called for the accouuts of tho
Masters, notwittisUndin^ the 500l. a- piece was
paid in. l^pon r\iKtnnmg the wiloeitses, il I
doth not opitear that any of the now Masteri
knew any thing of it, 1 leate it to your lord-
r!i ■'* ' ^-ition, whether, if the earl of
M '] been in eurneadt he would not ,
liii^c> u^^- .t,«.ui of that order. It doth not j
Appear there was ever any aei^ouut given in^ j
tfierefore when llu^r tvio niuuis nre mrufi*
plainer a^iost f
tirat making go<>'
to aay tb« tting ol ttia Iid|i
1391]
10 GEOROE I.
Trial of the Earl of MacdafUid^
[1S9S
•ut, yet it it plain the ftinfi^ is not taken out of
tt, but it still remaina ; and your lonkhipa will
gife such jadgmeat as is just aod lejjral.
Then the Managers for the Hoose of Com-
mons and the cooomI withdrew, and then the
House adjourned.
The Eleventh Day.
Twadty^ May 85.
The Lords being seated in their House,
tnd the Managers being come, ^md seated as
before, the usual proclamation was made for
silence.
L. C. J. King, My lords, your lordships
haring heard the evidence in tnis case, have
ngi«ed upon a question, which is severally to be
pot to your lordships in the usual order. The
•oestion is this. Is Thomas earl of Maccles-
field Guilty of High Crimes aod Misdemeanors
charged upon him by the loopeachment of the
Hoose of Commons, or Not Guilty, upon your
L. C. J. King. Robert lord Walpole, What
taysyour lorduiip? Is Thomas earl of Mac-
clesfield Guilty of High Crimes and Misde-
meanors charged upon him by the Impeach^
meot of the House of Commons, or Not C uilty ?
Lord WalpoU. Guilty, upon my honour.
The same question was severally pnt to the
rest, who severally answered, Guilty, upon my
honour. The names of the Lords present are
ns follows:
Barons, — Lecbmere, Diicie, Onslow, Ba-
thurst, Foley, Slasham, Treror, Mountjoy,
Hay, Gower, Herbert, Asbbumharo, Walde-
grave, Lynn, Comwallis, Bruce, Brooke,
Comptoo, Hunsdon, Clinton, Delawar, Percy,
Abergavenny.
BiiAops.^Exeter, Bristol, Chichester, St.
Davids, Norwich, CaHisIe, Bangor, Glocester,
Ely, Peterborough, Rochester, Oxford, St
Asaph, Winchester, Durham, London.
Viscounts, — ^Torrington, Ilarcourt, Cobham,
Tadcaster, Lonsdale, Hattun, Ton^hend,
Say and Seal.
Earls. — Pomfret, Harborough, Cadogan,
Sussex, Halifax, Bristol, StraJbrd, Ferrers,
Hay, Deloraine, Stair, Orkney, Selkirk, Find-
later, Buchan, Rothes, Cholmondeley, Albe-
marle, Rochford, Scarborough, Abingdon, Yar-
mouth, BuHington, Carlisle, ScarsdaTe, Sunder-
land, Denbigh, Warwick, Northampton, Lei-
cester, Lincoln, Pembroke.
Marquis. — ^Tweedale.
Dukes. — Chandos, Manchester, Wharton,
Newcastle, Ancaster, (Lord Great Chamber-
lain,) Roxburghe, Mootross, Montay^ue, Grraf-
ton, (Lord Chamberlain,) Greenwich, (Lord
Steward,^ Devonshire, (Lord President)
ArcMnshop. — Canterbury.
L.C. J. ITtiig. My lords, your lordships
iMvn aDammooslj found Thomw eari of Mac-
clesfield Guilty of High Crimet and Misde-
meanors charsed upon hini by tlie Impeach-
ment of the Hwsm i '
Then the Managers of the Hoose of Com-
mons and the coniMel withdrew ; and then tk
House adjoomed.
The Twelfth Day.
Wednesday, May 36.*
The Lords being sat, and the Mnnagan be-
ing come, the usual proclamation was made !W
silence.
Then the Gentleman Usher was oommanM
to call in the earl of Macclesfield, who bdag
come to the bar, the Speaker acquainted lum,
that the Lords had fully considered of hiscasi^
and had uaanimoualy found him Gmhy of Hi^
Crimes aod Misdemeanors charged upon hna
by the Impeachment of the House oif Coa-
I attend your lordship
£. of Maec.
iDS,m
obedience to your lordships' cominand ; hat I
am persuaded, that if your tordshipa knew whsl
I suder,*yoar lordships would not liave leqnuei
this of me, the rather as I did not intend Is
make any exceptions in relation to the pro-
ceedings, or give your lordships aav farther
trouble. I am now to expect yoor rndshipi^
judgment ; and I hope that you will be nieased
to consider, that I have sofimd no sdulh mat-
ter already in the trial, in the expence I hata
been at, the fiuigue, and what I have soffmd
other- ways ; beudes the cruel distemper which
this liath brought upon me. I have paid back
10,300/. of the money already, I have kist my
ofiice, I have undergone the censure of both
Houses of Parliament, which is in itself a ^fjy
severe punishment. My lords, the deficiency
of Mr. Dormer doth sound lAige, 25,0001. but,
my lords, it was not through my fault that the
deficiency happened, iH>r was that Master pal
in by noe ; on the contrary, with great diffi-
culty, it is reduced by my means to 10,000/.
less than otherwise it would have been. My
lords, all the loss that can be sustained by any
thing charged aj^nst me, is only w bat some
of the suitors might have had more for their
Proportion, than they can now out of Mr.
former's effects. His debt came to about
47,000/. his effects to about 13,000/. which is
about a fourth part: 1 don *t find there b one
suitor hath made his complaint that he bath aot
receifed his 5s. in the pound, Mrs. Chitty hath
receif ed her share.
Mr. Onslow. RIv lords, we must submit to
your lordships. This was proper wheu the
noble lord was making his defence ; but it is
not so in arrest of judgment. Yonr lordshrps
hafe foand him guilty of the fact, and he is
now arguing in defence of it : if he haih aoy
* Other Proceedings relating to lord Mac-
clesfield in the House of Lorda, wiU be fomrf
at the end of this Caa^
m
Jir High Crimes and Miidetntfmon,
A. D. 1725.
[1394
tiling in arreit of jud^i^inc'Dt, bt may s»y it, and
tbt! Cammous are here reaily to answer it.
I^wasfery utiwitling, my lonJi, to IiUer ri4>t the
^1, ami «b it now ^>ull lm. nt rfluL-laticv ; but
t for the sake 01 i jr lorJ«lii|»s^
ditigii ; and ^v ^ ; la jmir lani-
klpBf H betiMT tb« uabk bf hI is nut tiow p;am;r
tbe repetlliiiD of iwbat be satU in btj^ tie-
^B. of Jlfz/rr. %lj 1oH«,
^m be 1.' ' >' ^ : >
ft ti»}seil lo ;
fcy ; 1 am sm
nUng^f and 1 euUitrij !>ui
^wbetbcr your lordships will be pleased to di».
Hnri/1 M.ce at this time, w whether
rcqulrt! mt to come agniti
iii ^ cat tJ n euAi oe&s ; 1 submit it
Four )(»rd»bij»s-
Hieu the suid Earl« as %Uo tbe Manageri,
fcre directed lo witiidrAW ; ami tbe House or*
^ered Thumas carl of Macclesfield to lie com-
mitiod to tbe custody of the gentleman usher
4)ftbc BUck Rod; and tbeu |>roceeded to the
can»ideration of what Judyiiieut V> give upoi*
the Inijicachnient a^ain&t the tiaid Earl, and
afterward jt adiouroed to ThuradaVy 11 o'ctock^
the aflhof May,
I submit wbetber
liion of your lord*
it be or be not, 1
;ips' justice and
of them will b«
'luit. 1 don^t know
I
The Thieteenth Day.
Thurtday, May 2f .
A Mesiaee waa tent lo ibe Hooae of Goto-
raouH by mv. Baron Page and I^Ir. Jti«trc#
I>t^nton, to actpiamt them, that the Lonla are
Iidv to give Judgment against Tboinaa earl
iiticLle«fie1d| if they with their Speaker wilt
Be and deu^and the aame.
Hereuiion a motion ii» as made, and the qnes-
I pro{«f)«(fidf that thii House will dtnnand
^ I the Lordsa^^jiioHtTbotaaii earl of
a' ; which occasioned a warm de-
tc> th.ii j.istwl till fIV<^ in the aflt i ' tjf-n
the preTiou^ quetttion beiu;^ put, t > s^
t be now put» it wna rarrieil in nif luurnia-
rhy a majority of 136 voicea again«t 65 ;
Iti.^.T. i\.f. ...r.;,. r>,,f-(^tioti being jmt, it was
use will demand Judfjf*
til :. ^ earl '>f Maccleafield,
d<i jmmonn rew>lvc<), nc*n, (on.
it tii< ^ of tbii House be ^iveii to
i meiiibirrs wliu were appointed the Managers
'tbe f mncachitient agaiuHt Thomas earl of
ccle»fiHd, ffir ibeir faithful n> > i m
it diacbarge of the trust repott^;
Hereupon Wr. ^ftaker (aif 8f»eiiCfT Cocnp-
lllip)* g*v^ them, iuey aUndiDg uo aeverally m
^Hr {ilac«i, tbe Tbauka of tbe Utiuae^ aa fol-
** Gentleman ; It it with tbe maleat cheer*
dnesa that I (»bey the commanthi f>rthc Houae
Vlhia occasion; and ypt I uy
iiiorc aeoiibli^ of ^ of
ling them is t ought ; but I bnvtr lim
XVI,
tatitifactiofi in Ibis motion 'a being made when
I least expected it, that my not being pr^pured.
may licsome excuse for those dtfects, which M
sbotitd not bttfe been able to hare aupplied, J
had 1 bad never bo long a time lor conaideni*
lion.
•* Gentlemen, You bare maintained thftVi
Charge of tbe Commons, with that force cf nr-'^
guineni, beauty of exprc«i«ion, and s' f
reaaon, as would hftve gaiued yon <[: i
applause in the most fluurisbing of the Giecna
commonwealths; and, I muy iidd,
** Nee dignius unqoam
" Majestas memtnit sese flomana locutam*^*
But 1 shall not enlarge farther on this part
of your praise, being sensible that I am not
able to express myself in a manner suitable to j
tbe dignity of tbe subject j your own tongues!
are only equal to such an undertaking; and]
were I able to do it, your *iiodesty would noCl
permit it ; I sbalt therefore proceed in obeyin|f 1
tbe commands of the House, in such a manner^ j
as you yourseWea may hear it, not only with*
out offence, but I hope with Bai^tslacliou ; by J
eodearouritig to set in their proper lights th«|
great and lasting bene6ts your country vrilu
receive by your faithful dtBcbarge oi your
duty.
*' You baTeatoppecl tbe cries of orpbana^i
and dried up the tears of the widow ; even tbos« J
who mast ever be iutten&ible of the benefits 1
they receive, idiots and lunatics (luid such only I
can be msensible of them) will be partakers of i
the fruits of your labours,
** Out vou are more particularly entitled to .
tbe thanks of this House, by having made tboi
ptoseeutions of tbe Commons against gremll
oflTendcrs, practicable ; tbe power of imfieaeh- f
meat, that sword of vengeance ;♦ which tho^
coiiilituiion bas put into the hand of ibe Com*
mons, aad which, when drawn by party-rage,
when directed by the malice of faction, or
wielded by unskilful bands, has too often
wounded that consUlution it was intended to^
prefer vct baa now, by your ablemanagen
turnetl its edge to its proper object, a ^
offender ; and if the wound it bas given shoub
not be so dlep, as many expect, yet you ma}
be very sure, it can never be imputed to the!
want of strength in your arm: and I hop«i
and trust, from your prudent conduct tbrougli i
the whole progreas of the trial, fliat this greal^
privilege of the Commons will ever remain a
terror to evil diners ^ and that it may be a praise
to them that do well, the House has imaot*
mously come to \\m Resolution :
'* FUfolveil, nem. con. That the Tbanki 4
tbia Houae be giteo to tbe members, who werB|
appoioled tbeAtaoegera of ibe Impcocb
* Lord Hoinmtm, wbeti Solicit"
the ]re*f t^l« (^c lOGreyV
anil 'New f*arl. 'Hist. voL i^, [ :«to* .
tbe power of Tmpcachmera i t- ' • ^wonl|
kept in the Term pie, and u»i l*. bt: t'^ii '>ul <
grettt oocasiooB.
4U
&iiif . teller oT die Umtm «l
«f all libs Caam
Bnttio, 4id it tlu0 liv mmmeh Thamm eaii
oT iUedcificid ^ BkA CrtaM and M kde.
m; tii4<tid«xbibitAjlklciofIiiipeieb-
agftiMt kiiB £ aoi bare made good ibcir
60 tbovfore tii Ibe najoe of tbe koighU,
bttrgBiiei in |iort<miiiefit mtem-
md flff all the ComoMm* of Orcai-Bd-
iaJo, ^^m»nd Joilgtnaot of joor k^rdabira
aifftinf t Tbc»miu( e«i of Macetoifieid« Ivr m
taicl lligb Cristici ami BJiadaittwaora/*
Then Iba lord obief |itiiiea Kiaf « ftpaaker
|»f ibr Uoaae of Lordii, atid ;
** Mr. Speaker^ Ibe Lorda are ooir raadj
10 proofed to jadgmeol in ibe case bj yon
p*«uiiofie(l.
** ThomAii earl of Maccl«fipM« tbe Lorda
bttVe utiai]ifi»ouily round ^ou GuiJty of Htf^b
Criifir* mid Mi«<)ameanurf , cbargod on you by
thr; liniM^acbineiit of the Honse ofComnioD^,
^tid ijt> pow ftccorrting to law proceed lo^udg-
ftiriit againtt you, tvhieb 1 am ordert:d to
proQOuoce.
iliei
«riiieaowe«n
•'TlMtkeLard
oC C0«M»^Pfa»^ ham
BMtta ia PsRa, ainiBg^ <
iielBl the Black S«4 ID ]
ctafiddt«tka bar;
iofly.
*« Tbe Blacii B^ I
difliaikce ffooB Mr.
mod tbe eaH af
of tbr Bbck Ra4« I
cf Peen dtreeied ll
bit 6ra
itbieb be did aocurdiMtj,
tbe ComaiaMt, till tike F
PbertMdliloiriae.»
t •♦ Reaolvel,
dreta be presenllBd to ki%
be gracMMialy ylcaaed la
tmpoied, by tbe Boaam «f ]
earl of Macclcafield. or mmy \
same sball be iwM inio '
issued, mod naid, into Ibe O
to be afipUed towmnls
tosses ot the suitors,
cieodeK of tbe Misters oC t|
Ibal Ccuirt shsM Ihiok (It to
«« OriJcred, Tbat tbe ad
Woted tu bis gnajecty bf aod
Jhf High Crimes and Misdemeanors*
A. D. 1725,
[1398
BUck Roc], in ivbosp custody Ihe said Earl at
' ^resent is, do biin safely cauvey to itie said
ovrer, and deliver bini to the eunslabte tliereof,
or in his abserict; ly the lieutetjant or deputy-
teuAnt of the same; aad that the said cou-
ij€| lieuionant, or deputy -tieuteu ant do re-
ihe body of the said Karlj ami bini keep
lie custody there, yolil be 6 hall have paid
said iine.'*
TheQ the Ilouie adjourned to Monday, May
■;ai, 1725;
And ilie earl of Maeclesfleld was conTeyed
it© the Tower, where lie continued prisoner for
|fiOaie time till be paid his fine.
vr IN
Mli«tlte
P
■ Th
e following Proceedings in the House of
liOrd*, relatin^^ to lord Macclesfield, are extract-
cd from the Journal :
May 26. It being- proposed, ** That the said
£ar1 be lined in the sum of 30,000/, to the
king*« raaje»ty :*' Alter debute; and readiog
the judj^ents of this House^ in the ca^es both
of the viscount 8t, AlbauB, and the earl of Mid*
dlesex : It was proposed, *^ To ank the opinion
<»f the jiidfires, whether the sale of an ot£ce,
that hath relation to the administration of jus^
tice, be an offence a^aitibt the common law F'*
And a question betn«» staled upon ilie said pro-
poaitiofi : it was resiolvetl in the negative.
Then, it being- moved, ** To resolve, that Tho-
mas earl of Macclesfield be fined :*' Ihe ques-
tion was put thereupon, and it was resolved in
the affirmative.
The question was then put, " Whether -lb«
said Earl shall be for ever incapable of any «f-
fice, placis or employ men t, in the slate or com-
mon wealth ?" It was resolveil in the negative.
Contents 42 ; Not Coijleats 42. •
»* Dissentient^
1. ^* Because it is certain that the honour
aud digniiy of the crown, the security of our
religiuus and civil rights, and the preservation
of our most excellent coustitutkm in church
aod fitate, entirely depend upon the probity, in-
.legrity and ability of those persons whom liis
majesty shall cali to his councils, and who shall
be employed in any office^ ptace or employ*
ment in the slate or commonwealth.
Si, *^ Because we conceive, a person im-
peached by the House of Commons of corrup-
tion of the deepest *\ye, and who, after a full
and legal Iriail, was by this House unanimoui!ily
found guilty of Hi4?h Crimes and MiMleinean-
or*, charged an him by the House of Coiii-
inotis, which High Crimes and Misdemeanors
vere committed by him in the execution of
Ilia hi^h station as Lord Ui^h Chancellor of
Great Britain, ought not to be exempted from
Ihia part of the »en fence, which bus always
^beeo lb ought proper to be inflicted by «or an-
^. • When a motion for any resolution or order
is made, if there be an a^uaiiiy of voice*, it al-
iways puies in the negative*
ceslors, liolli in re^fard to the safely of Ihe go-
vernnieni, and the justice of this House, on
pera^ins convicted of crimes of <he like nature |
and v^e do not find one instance on the Journals
of purl lament^ where this penalty has been
omilteif.
^, ** We apprehend that his majesty having
removed the earl of Macclesfield from the trust
rejiosed in him by the cui»lody of the great
seal, and having earnestly recommended to the
lords commissioners appointed to succeed him^
the taking effectual care, that entire satisl:ic-
tbn be made to Ihe suitors of the Coiirt, and
that e»uch suitors be nut exposed to auy dangers
for the future, and having folly expressed his
gracious disposition that the said lords com-
missioner^ should look narrowly into the beha-
viour of all Ihe officers under thoir jurisdirlioo,
and should see that such officer:; act v> ith the
strictest regard to justice, and lo the ease of
his subjects, (which is a plain indication of bii
majesty's just resentment of the Ear)*s ill con-
duct, during his presiding in the Court of
Chancery) and having, in great tenderness to
the injured nation, recommended the protec-
tion of Ihe unhappy sufferers to the justice of
parliament, we I bought it incumbent upon US|
on this great occasion, when the Commons
have so clearly made out their charge against
the impeached earl^ not to tiepart from the me-
lliods of our ancestors in the framing of our
sentence, with an unusual tenderness to a per-
son, against whom the whole nation crie^ for
justice, but to pursue Iheir glorious steps Ujfoti
the like occasions, and to incapacitate the said
Earl from having any office, place or em ploy -
mcnt in the state or common wealth, as the
roost effectual means lo deter others from being
goiUy of the like crimes for the future, •
(Si^ncd^) Wbartun, AhingdoTt, Bruce.
Strafford J Pomfret, Denbigh, Compton.*'
'< ^Ve 1^0 dissent to the before tncntioneil
question for the reasons following:
1. '^ This House having resolved^ that tbe
House of Commons have made good their
Charge of High Crimes and Misdemeanor*
against the Earl impeached, and by a subse-
quent re^lution having unanimously declared
him guilty, we are of opinion, that it is a ne-
cessary consequence in law, justice, honour
and conscience, that the disabilities contained
jn the question proposed should bo a pait of biA
pmiishment, they being such, as we think, the
wholesome laws and statutes, against which the
Earl hfts offended, do expressly ordain for the
punishment of his crimes, and such as the na-
ture, circumstances and consequences of hit
guilt do, in our opinions, most justly deserve,
J. ** The Articles of the House of CammanS|
whereof the Earl is, in our opinions, declar-
ed guilty, are an accusation of him for many
repeated acts of bribery « f xtortion^ perjury and
oppre?^sion, committed by colour of his office
of Lord High Chancellor, and of many endea-
vours to have concealed and suppressed thtt
discovery of thetD^evea from the Knowl«il^^<3kC
I
1395] 10 GEORGE L Trial of the Earl of hfaedeflidd^
[lS9i
a^iDst Thomas earl of Mtcoletfield, for Ifieir
faithful maoagemeDt in their diitcbarge of the
trust reposed in them."
A Messacfe was brought from the House of
Commons oy sir William Gage and others to
acquaint the House of Lords, that the Com-
moDS, with their Speaker, do intend immedi-
ately to come to demand Judgement against
Thomas earl of Macclesfield ; and do desire
that the Painted Chamber, and other passages
to the Lords' House, may be cleared forthwith^
The messeni^ers were called in, and told,
that the Lords had gif en order as desired.
Which was done accordingly.
Then the Commons with their Speaker,
being present at the bar of the House, the lord
chief justice King, S|)eaker of the House <it
XiOrds, directed the gentleman usher of tlic
Black- Rod, to bring Thomas earl of Mnc-
ciesfield to the bar ; who, aAer low obeisances
made, kneeled until the said lord chief justice
acquainted him he might rise.
Then the Speaker of the House of Commons
inud as follows :
** My lords ; The knights, citizens, and
burgesses in parliament assembled, in the name
of themselres, and of all the Commons of Great
Britain, did at this bar ioopeach Thomas earl
of Macclesfield of Hiffh Crimes and Misde-
meanors ; and did ei^hibit Articles of Impeach-
ment against him ; and ha?e made good tlieir
. Charge :
I' 1 do therefore in the name of the knights,
citizens, and burgesses in parliament assem-
bled, and of all the Commons of Great- Bri-
tain, demand Judgment of your lordships
against Thomas earl of Macclesfield, for the
said High Crimes and Misdemeanors.'*
Then the lord chief justice King, Speaker
of the House of Lords, said ;
" Mr. Speaker, the Lords are now ready
to proceed to judgment in the case by yon
mentioned.
^* Thomas earl of Macclesfield, the Lords
have unanimously found you Guilty of FJi|>h
Crimes and Misdemeanors, charged on you by
the f m peach ment of the House of Commons,
^ud do now according to law proceed to ju^)^-
ment against you, which I am ordertU to
pronounce.
''Their lordships' Judgment is, and thii
hidi court doth adjudge,
'^ That you, Thomas earl of Macclesfield,
he fined iu the sum of 30,000/. unto our so •
ye reign lord the king; and that you shall be
imprisoned in the Tower of London, and there
kept in safe custody until you shall pay the
said fine."*
* '* Memorandum ; the proceeding of tlie
Commons to demand Judgment against the eait
of Macclesfielil was in this manner:
** Mr. Speaker went with the mace before
him ; the gentleman-usher of the Black Rod-i
meeting Mr. Speaker at the bottom of the
Then the Sp^ker with the Commo&i viib.
drew, and the earl of Maoclei6eM watt^
from the bar.
Ordered, •« Thit the Spnkcr of tbk Em
do give order for the priDtiDg' and pobliiif '
the Trial of Thomas earl of BlaeclesU;
and that no other persoD hot smfff as he M
appoint, do presdttie to prtbt the same."
Ordered, «• That the said earl of VUtOa-
field be committed to the Tower of LnAa,
there to be kept in safe coatody until he drf
pay the abovementiooed ^ue of 30,0(Ktf. nikl
King;f and that thegeDttemaD-nsbcrirtli
Painted Chamber, and ooodiu^ng Ualhm
thence to the door of the House oflVai:
<* And Mr. Speaker went, with bbMSii
his right-hand, to the har of the iakl Bsm;
the Serjeant at arms attending^ the Book flf
Commons standing at the bar, on Mr. Spciler^
right-hand, with the nonce on his ihtiUv,
all the time Hr. Speaker continued tttkhr
of the Hoase of I\Ber8.
«« Then the Lord Chief JnstHce of the (M
of Common-Pleas, beinf^ the Speaker d lift
House of Peers, sitting on the wool-tsdd-
rected the Black Rod to brtn^ the carl ofllM*
elesfield to the bar ; which was done tcni-
ingly.
<< The Black Rod being at the bar; stMC
distance from Mr. Speaker, ou his leAkaii
and the earl of Macclesfield, on the Uiihad
of the Black Rod, the SpeaJcer of the Hmr
of Peers directed the earl of Macdcsfieli H
his first coming to the bar, to koed dovi:
%hich he did accordingly, in the prcseace rf
the Commons, till the Speaker of the Hooteof
Peers bid him rise." Comm. Journal.
t ** Resolved, ncm, con. That an bnmUeii-
dress be presented to hi% majesty, that beviB
be graciously pleased to order, that the iae
imposed, by the House of Lords, on Tboam
earl of Macclesfield, or any part thereof, as tk
same shall be paid into the Exchcqaer, U
issued, and naid, into the Court of ChsDCcry,
to be applied towards making good any sf tk
losses or the suitors, occasioned by the dc6-
ciencies of the Masters of tbe aaio Court, ii
that Court shall think fit to direct."
<' Ordered, That the said Address be prt-
'sented to his majesty by such members of tks
House as are of his majesty's most lioooanUe
privy -council.
** Mr. Chancellor of the Exchequer reosrled
to the House, That the Address of this Home.
that the £arl of Macclesfield's tine may be ap-
plied to the lienefit of the suitors of the said
Court, has t)een presented to his msjcstr;
and that his majesty had commanded him 'to
acquaint this House, that his rosjesty iHII
give the necessary orders, according to tbe
desire of this House." Comm. Jonm. Ha>' 31.
It is said that presently after the eooclaum
of tbe Trial, the king eraaed his name fr«B
the list of privy oounseilora. See New M*
Hist. vol. 7, p. 558 s ToL 8» p. 479.
1397]
Jiit High Crimet aud Mudemeanort.
A.D.
[1398
e foUo wing Proceed mffs in the House of
>rdi» ff lalintj; i« lartl Macde«fielil|are extract-
from tbe Jourutl :
I Bladl-Roti, in ivht>sp cuHtoJy the said £arl at
] PfB'^'^^ i^* ^^ '^^'(^ ftftfcty ciirivf^ to the said
Tawer. and deliver hmi to the cuiiKUible thereof,
or in hi»< absence to the Ueutetiant or <le|iuty-
lii'Vitiniatit of tfie smitie ; and that the* taiil con-
itable, liiMiM^imnt, nr deputy -lieutenant do r€-
ceivf 1 a' the nkid Earl, &nd liiui keep
in 611^ there, until he ihAll have paid
the sunt Uut. '
Then the llou«e odjourDed to Mondavi May
And the cart of Macclesfield was conTeyed
Id the Toiver, where he cnntiQaed |irl5uoer for
y &amt time till be paid hts Goe.
^F May 96. It beiJi^ pn>poaed« ** That tbe said
Enrt be lined in lt»e sum of 30,000/. to the
kin^*« mnje^iy :'* After debate; and readiuG^
the jud<('ments nf this House, in the ca^n hr»lh
oi the discount St. Albaus, and the furl of Mid-
l^dlevex ; It ' '* Toank the opinir*ii
^Kl the jnd lie %»\% of an office,
^^bfti hath » Itninistralion of jiis-
ticr» be ail ( the common law f"
And M f|tii^; ^ :>...^f d upon the ^d pro-
poaitton : it uaji rt^olveil in the negative.
Then, it In imr movnl. '* To rfgrUve, that Tbo*
maseajl r ni:^* the quos*
tioii waa (I < ■ • ^ nas reitolvM ID
tbe adirmaiive.
Tbe que«<lion waji then put, ** Wbelbcr -the
aaid Earl shall tie for ever incapable nf nny of-
dace, or employfDeiil» tn tbe state or cam-
prealtb V^ It was resolved in tbe negative,
nta 43 ; Not Conte&ta 4a.*
* Diaaentient*
- fr -.-.e it
is certain that 1' r
the crown, tlie seen r
' ^:::hts, and the pit-r ^ t^iu f.»
[it <-ou!(titution in church
1. - ^^
and *
rebgtiMia ..; ' ^
of our Hr
asditate. LI..., ^,
itfrtiy aud abdity o
m^e^y sKall call tn 1
be employed in any oftice, place or employ-
meat in the alate or comnionweuJtb.
2« ** Heeauae we conceive, a person iin-
pcacbed by tbe House of Commons of corrnp-
liofi of the deepest dye, and who, after a full
and lei^'al trial, m%% hy ihiii Uousc unanimously
found g^url ^ ' h Crimes and Mi^cmean-
ora, dur;; i by tbt iioiMe of Com-
\h ' I . I i ni t; 1 • C rimaa and Miadrraeanora
\v mititd by btm in the execution of
' n s«( Lord Hi^b Chr^^^ ^* - 'f
iretit light not to be cKrn >\
|,«... ;.. a.c »entenr«, which 1,..^ .,«^...,^
^|»e«n ttiought proper to b« mflir.ted by our ati-
* When a motion for any rnolution or order
Ib BMUtlei if tliere be an e<|UJ4bty of voice». it al-
<wajf $mm m tbe laif an? c
eestors, botli ui re^rd to tbe safety of the go-
verDtneat, and tbe iuitice of tbia House, on
persona convicicd^of crimes of ibe like nature;
and wa do not 6od one instance on tbe Journals
of parliament, where this penalty baa been
omitted.
^, *^ We apprehend that bts majesty having*
removed tbe earl of IVIaccks^^eld from the trust
reposed in binn by the cujjlody of the great
aeaU and havings earnestly recommended to tbe
lort^ v^toners appointed to s ' 'mi
th^ Tectual care, that eni ^r-
thJU ne iM.uie lO tbc SUltOrS of the t uui t, lUld
that such suitors he not ex[iosed to any dangers
for tbe future, aad having fully expressed his
ig-racious disjwisiiion thai the said lords com-
luissionert should look narrowly into tbe beha-
f iour of all the officeni under th* ir jivriwUction,
aod filiould see that such officers act with the
strictest regard to justice, and to the cane of
Ilia subjects, (which is a plain indication of bis
mi^ettty's just reaentment of the Earl's ill coo*
dtict, during^ his presiding in the Court of
Chancery) and having, in great tendeniesa to
the injured nation, recommended the protec-
tion of the unhappy sufferers to the ju^tic^ of
parliament, we thought it incumbent upon us^
on this great occasion, when tbe Commons
have so clearly made out their charge against
the tm{>t»ched earl, not to depart from the mo-
tbods of our ancestors in the framing of our
sentence, with an unusual tenderneaa to a per*
■ODt agamsi whom tbe whole nation cries for
justicet bot to pur&uc their glorious steps u|^tt
tbe like occasious, and to incapacitate the said
Earl from having any otfice, place or employ-
tnent in tbe state or commonwealth, as the
tnoBt eflectual means to deter others from being
guilty of tbe like crimes for the future,
(Si^ncd^) W barton, Abingdctn, Hruce»
8traiford, Pomfret, Denbigh, Complon.'*
•• We do dissent to the before meotioned
question for tbe reasons following ;
1. *^ This House having resolved, that tbe
House of Commons have made good their
('hnvi'i' rA Ilurii Critues and Misdemeauoni
inpeached, and by a i^ubse-
- i hiiving unanimously declared
lutn guilty, wo are of opinion, that it is a ne-
cessary consequence in law, justicP| honour
ami conFMriencCj that tbe disabilities contaiaed
in th^ question proposed shoidd be a part of hii
|)niiiahmcnt, thc^y ' !i, as we think, the
wholeftume laws a , ai^iust which the
Earl lwi<* offended, do tvpitsi^ly onhin for the
punif hment of his criinei^, and .such as the na^
lure, circumstances and c<i n oi' bis
guilt do, in our opinions, nv escrve,
f . *» The Articles of the }iM^I^^ 'uts,
whereof tbe Eurl is, in our t»pi^ ir-
ed guitty, arc au accusation of lu... ... .4. .my
yepeaten acts of bribery, i xtortion, perjury and
oiinrr^vion. committed by culour of iiitt ufHca
Li h Cbanceltor, and of many eiidea-
v ve coticeatfd and suDpreaaed the
discovery of tbetD,#r«ti from tlie auowledge of
1399]
10 GEORGE I.
Trial of the Earl of Maccleffieldf
[1400
bis roajestv ; those crimes therefore, being by
the laws of this land, aod, as we belie?e, bv the
laws of all civilized Dations in the world, ad-
judged to be crimes of an infamous natare,
we think the incapacity proposed by this qnes-
tioo to be one natural and unavoidable step to
ba?e been made by this House in the judgment
on those crimes.
3. << The Earl, in his Answer to the Articles
of the Commons, hath asserted, that the taking
the many sums by him from the Masters in
Chancery, which sums he there calls presents,
was never before looked upon to be criminal ;
and hopes that the giving or receiving such a
present is not criminal in itself, or by the com-
mon law of this realm, and that there is not
any act of parliament whatsoever by which the
same is made criminal, or subject to any pu-
nishment or judgment, which can be prayed in
this prosecution : The Earl himself, and his
counsel on his behalf, upon his trial, attempted
to justify his extortions (then called couipli-
tnents) and endeavoured to maintain, that they
arc conlbrmabic to the laws of tiie land ; but
we cannot reflect on this behaviour of the Earl
otlierwisethanasthe highest dishonour thrown,
by him, upon the laws and government of this
kingdom, and a most daring and groundless
endeavour to disparage the common law of the
land. Magna Charta itself, the clear and ex-
press injunctions of many statutes, particularly
those passed in the reigns of Richard 8, Henry
4. and Edward 6, in this behalf, and of an act
pissed this sesjiion of parliament for the in-
demniiicatiou of the 3Iasters in Chancery ;
against the plain sense of aU which laws the
Earl has, in our opinions, knowingly and wil-
fully offended ; and as this unparalleled justifi-
cation allempted by the Earl will be trans-
milted to all posterity, we think it absolutely
necessary that the punishment proposed by this
(fuebtiun should have been inflicted, in vindica-
tion of the laws and government itself, against
the aspersion the Earl has thrown npun both ;
and (o prevent any imputation which may
hereafter be cast on tho honour and justice of
tliis House, ashavin<;f, on tliis occasion, in any
(lot^rre seemed to favour or countenance such
dufonce.
-J. *^ The Earl has in his Answer asserted
some of his practices to have been long used
by his predecessors, and by others bein<jf chief
justices, 3Iaslersoftlic Ivolis, and other judges;
and on his trial olTcred evidence to prove his
assertion in four instances only, three of them
in the time of one, and the other in the time
of his immediate predecessor ; but thounrh those
instances, as we think, were unattended with
the many agifravaiions of the Earl's guilt in
those respects, yet lest those examples, to-
Sj^ether witii that of the Earl, should hereafter
be construed a mitigation of his, or an encou-
ragemrnt to the like oflence, we think the
punishment now proposed ought to have been
inflicted, by which it would become the more
exemnlary ; and the rather, because it appears
to ito highly probable, that the imputatk>D| as
it is thrown by the Earl npoo hit predecenora, .
is unjust ; the memory or many of those wise
and excellent persons never hanag been, as we
believe, stained with an impotBlkm, till the ■
Earl cast it on them ; aod tome of his prede-
cessors having, in several ages, fmllenander tbe
severe and strict inc^uisitioD of porliameot for
bribery and comipuon, without any charge
upon them for that criminal practice.
5. << We are of opinion, tbmt this Hooif,
DOW exercising its judicature as tbe saprcnc
court in this kmgdom, upon nn accnsalioo ti
tbe Commons for ofl*ences aninst the koowH
laws of the land, has no legal power or anlbo-
rity to dispense with or omit those posiifc-
ments which are expressly ordaiued by postirt
acts of parliament; and it appears to uiielic
indisputable, that the disabihties propoKd ^'
this question are expressly ordainea by m
statute made 1 1 Hen. 4, and in some depce
by the statute 5 and 6 Edw. 6, ngaiost bsviig
and selling oflices, for the very same oftnoM
of which this House hath, as we coneeivf, de-
clared (and of which we are fully satisfied is
our consciences) the Earl is guilty ; and tke
punishment proposed in this question hathWcB ^
inflicted by the House in the cases of the M
Bacon and the earl of Middlesex, for oomp*
tions, in our opinions, much less beiDOUs ihu
the crimes of the Earl impeached; aod tbs
judgments given by this House on those tso
persons were founded, as we think, not oiiv
upon the nature of the crimes, bat were ••
rectcd and prescribed by the acts of psrliaaot
above mentioned, and still remain on tbs re-
cords of tliis House unimpeached, and their as-
tbority never judicially questioned, to eer
knowledge, but are often referred to and ap-
proved by the most learned authors andjud^
of the laws of this land: wc are iherefureot
opinion, that it was not only wise, but fvcft
that the law requires, that the judgment up<a
the Earl impeached should be consonaDt la
this respect to the judgment of this Hftit«c, ia
those two instances ; whereby the law of tbe
land in this particular stands declared, as s*
tliink, by the authority of the supreme jtidics*
turc of the kingdom ; and which no power kfi
than the authority of an act of pariiameot, is
our opinion.^, can abrogate.
(3. " It having apf>earod, on the trial of tbr
impeached lord, that the most dangerous and
dtsiructive corruptions have been committed
by him whilst in the highest station in the ad-
niinistration of public justice, to the great dis-
honour of the crown, and the detriment nf
great numbers of the king's subjects ; and, ia
one instance, whilst he (with others) was iu tbe
exercise of the regal authority ; we think it ot
the highest consequence to the honour and ^ap-
port of his majesty's government, and tlie
satisfaction of the whole kingdom, that the
Earl should, by the judgment of this Home,
have been incapacitated from ever havint: the
power or opportunity of re- acting the hke cor-
rnptions, against which, as wecooceive, there
could be Bo security, but by iaflidiBg opst
1101]
for Hi^ Climes and MUdemeanori.
A. D. 1725.
[I40f
bim the disabilities propoeeil in this qnestion.
(Signed,) Scamlale, Greenwich,
Straffbrd, Denbigh, Bnchan, Halifax,
Harboroufph, Selkirk, Orkney, Ashbum-
haiD, Wharton, Carlisle, Litchfield,
Gower, Brooke, Bruce, Alanchester,
Hay, Masham, Northampton, Abing-
don, Bristol, Bathurst, Lechmerc, Sua-
> sex."
'* Then it beings mo? ed to resoWe, That the
said Earl shall never sit in parliament, nor
vome within the verge of the Court, after de-
bate, it was .rcsol?^ in the negative, by 45
•goinst 39.
** Dissentient'
1. ** We cannot agree to this resolution for
the reasons given in the last Protest ; and fur-
ther, we conceive, that there was the greater
necessity for the punishment proposed in this,
from the determination of the House on the
former question, from whence (and also from
the question having passed in the negative)
there remains, as we apprehend, no pnnisnment
but a pecuniary one, to be inflicted on the im-
pcfached Earl ror his heinous and unexampled
misdemeanors; which punishment we think
(and we fear the whole nation will judge) to he
utterly unadeqnate to his transgressions, and
aot consistent with the resolutions already
passed by this House upon the Earl, whereby
fie is rendered in judgment of law, as we think.
An infamous person, and not capable of bearing
testimony as a witness, much less to lit in this
supreme court as a judge, perhaps on points
of the highest moment to the kingdom, and
over the lives, liberties and properties of the
subjects, many of which he has, m our opi-
nions, already so notoriously iujured.
S. " Because we find, that the punishment
now proposed has been inflicted in the two in-
stances of lord Bacon and the earl of Middle-
sex ; and the like in earlier instances, particu-
Jarly in the case of Hubert de Burgo, created
earl of Kent, who was aflerwards charged in
Srlianficrit for counselling the kin{f to cancel
agna Charta, and for other oflences: and
was degraded from his dignity hy the judgment
of his peers; and we conceive, that the con-
demnation nhicli this House has already
passed on this Earl is founded upon the most
agfrravated uui!t uhich has ever appeared in
any criminal, who«e offences were not capital ;
amongst which his reoeate<l wholesales (as we
conceive them to be) of^the justice of the Court
of Chancery, in the corrupt dispositions of the
Offices of the Masters, were, as far as in him
lay, so many barters and sales of Magna
Charta itself, by which the tale of justice b
prohibited.
3. '* We conceive it to be utterly inconsis-
tent with the honour and dignity of this House,
to suffer a lord condemned, as we think, for
the most dangerous corruptions committed by
him whilst he was a judge, to continue after-
wards in the enjoyment of his seat in this
House, under no otner censure than of a fine,
and imprisonment till that is paid; because
we fear, it may hereafter give too much en-
couragement to the worst corruptions in tlie
greatest officers of state, if, from the example
of this earl, it should be hoped their crimes
may be ransomed by a small part, perhaps, of
their corrupt and extorsive gains ; by which •
means the greatest offenders of this sort may
think their impunity the more secure, by so
much the higher tnat they carry, and the
more they succeed in their corrupt practices :
We think also, that the sum of 30,000/. if that
should be the fine, does very little, if at all, ex-
ceed the gross sums this Earl has received,
as we believe, in bounties from his majesty,
over and above the due profits of his offices,
and the other great sums he has extorted and
still retains ; we are therefbre of opinion, tliat
the infamy, which, we think, is due to the
crimes of which the Eari is condemned^ shouhl
have been fixed upon bim by the dnabilitj
proposed in this question. {Signed)^ Scars-
dale, Wharton, StraflTord, Selkirk, Man-
chester, Gower, Bathurst, HarboroMgbt
Northampton, Brooke, Bruce, Buchan,
Denbigh, Halifax, Lecfamere, Masham,
Greenwich, Ashbumharo, Abingdon^
Carlisle, Bristol, Hay, Litchfield, Ork-
ney."
We dissent to the last mentioned question for
the reasons following :
1. '' For tbe first reasons' given on the fore-
going question, which we apprehend hoM the
stronger against his being permitted to sit in
the highest couft of judicature, since it may
expose the judgment of tliis House to censure,
when a person guilty of such corrupt practices
shall be one of the judges.
3. <* We apprehend, that a person whom
his majesty has in such a manner, removed
from being a juUge of his subjects properties,
cannot be thought fit to sit in this House, in
such case as may affect the lives of every peer
of this House, and the property of all the sub-
jects of Great Britain. (Siened), Wharton,
Pomfret, Abingdon, Bruce, Compton.
Strafford."
END OF VOL. XVI.
Printed by T. C Haimrd, Peterbnroafti-Court,
Fleet-Street, London.
ADDENDUM TO VOL. XVL
Tkefottdwing Note loas acdderdaUy omitted in Us proper flaee :
Note to words •< Vr. Justice Eyre,*'« p. 84, of this Volame.
^ Mr. Justice Poster was of opioioo that this
Case never occurred. Where he first men-
lions it, he writes in italics '* if such case there
erer was.*' And proceeds : ** This Case is not
to he found in any Report, printed or MS. that
I ha?e met with, or heard ofj nor haye'I^upoo ,
n strict enquiry, met with any footsteps of such
Case amongr the miontes of proceedfugs on the
Crown-side in the county where the Case b
supposed to ha?e nrisen ; though the mmutes
from 1708 to 17S9 have been carefully searcM.
For these reasons, and what is suggested iotke
marginal Note, 1 conclude, that no such Can
ever existed.''
The foilowinff is the Note :
** Justice Em did not go the Wcftai
Circuit in the Suinmer 1712. Ward and Price
went at that time. This information I have
from Mr. Maddock, Clerk of Assize of die
Western Circuit."
Vf)iv9r%(t<f LJbranes
STANFORD UNIVERSITY LIBRARIES ^H|
STANFORD AUXILIARY LIBRARY ]
STANFORD, CALIFORNIA 94305*6004 ^
(650) 723-9201
sole irci@«iil mc1iL5lQrtford.edu
All books Qfe subjecl to recall.
DATE DUE
»>
CD
^
JUN2;j20W
#^
^3*
<^
^^lA